New-York tribune., 1879-08-28
4 SENTENCE EEVERSED.

IHE FINDING AND SENTENCE II THE CASE OF EX-sUR-
GEoN-GENERAL HAMMOND ANNULLED-DB. HAM
MoND PLACED on THE RETIRED LIST OFTHE ARMY
WITHOUT PAY OR ALLOWANCE OF ANY u>D.
lGESERAL PRESS DIsPATCHl
WAsHNGToN, Aug. 27.-The case of Surgeon-Gen-
eral Hammond. which mas been before the President
since March, 1878, aud which was referred to Sec
retary McCrary several months ago for his report,
was to-day returned to President Hayes Secretary
McCrary submitted the following conclusions upon
the case:
FirSt-In constituting the Act Of Congress Of April 16,
1s6Z deprvlng the surgeonGeneral OF the power
10 purchase medical supplies. Dr. Hammond was guilty
Of crime. The construction he placed on mat bct,
whether erroneous not, WAS entirely c0nsouant IN
honest purpose, ana such purpose musi be Bresunt9
Until the contrary appears Tie act authorized htdea
direction OF the SurgeunGenera The surgeouGeneI3i
held that the power u make purchases I'D person WHeh
cessOr not taken away by thus actj that the puf
VeyOrs placed under MS orders for the purpose OF
aiding him IN tne performance OF that duty Iendee at
that time OuerOus 10y greals"d Ht hed tAdt at
he could command another TO do, he c0ud DO Dmseii
that what could indirectly, he could do directly 1
Io 80 0ainsblT wro % as 10 render ali acts done IN
performance OF presumably criminal. II was the duty
Of tie geOuenoral 10 COnsue and execute The act
Scc9ad-Ine act OF the Surgcou-G enera purchasing
meO,caI supplies IN person ana not through medical
purycyur and directing medical pdrveyOrs 10 purchase
particular articles at specified rces from certain per-
sons, were not acts IN themselves criminal TIE mere
fact hlt these things were done dd not raise pre-
sumption OF quit, 10 De Overtnrown by the accused.
Tue burden upon the prosecution 10 establish by
COupettut evidence uud beyond reasonable doubt that
the complained OF were done Win corrupt intent.
Tiird-On the question Of intent, the Board recently
convened there is evidence hat the surgeon
General Was Interested in, or rroh ed by the CON
tuc.s. which charged as fraudulent IL Is further
found bv the Board that there Is no direct evidence TO
establish corruption, ana that the crcumslanal evil
d,uce on the point conflicting ana some Oi IL lncOm-
plgte But the Board sus ans the sentence OF the
Cuurt-Wara largely the ground that the acts COM
AIMED of unlawful ia themselves ana tnat, there
lore, fraudulent intent mus be presumed until the
contrary rs by The accused the burden being
him. THIS regard as grave error Tor the reasons
HlrraIy stated.
The of currUpt and II Is only by assuming
tnai acts complained OF were ia themselves pa.
lnt-ut that amy sunrlcnt fonddou iOr the sentence
OF cOurl-m9rla can be found, and that assumption
beng warranted by the terms OF tne statute the find
ing cannot be upheld
Tfnh-The charge Of falsehood IS not sustained Dr.
Hammond stated m private letter to Dr. Cooper that
GeueIal HaAeck had requested Tie detail Of surgeon
Murray duJy Philadelphia. IL charged that
General Haeck had not made this identical request,
but admitted that he had requested the transfer
Of Dr.. Murray from the south 10 Eastern hospital
duty" IL Was In proof that Dr. murray had urgently
requested General Haleck 10 secure bis transfer
10 Pliladclpha, and II Is not improbable that this
was mentioned by General HaIleck TO Dr. Hammond,
remembrance of having mentioned Philadelphia rs tue
place TO which he desired 70 have Murray sent There
stood the request of General HaIcCk 10 be- There
su greater Tor the conclusion thai an honest mis-
understanding arose between tie tw0 ana cannot but
regard d as e harsh ana UNI ast Judgment which
irDuouncrd the Surge0nG neral gulJy tins charge.
recommend tHat the fudIug ana sentence in tie
@! SurCeOu-G eDer8l VIM A Hammond, referred to, be
mOud 10 placed the retired 5t Ot tho Army, with
out back, present future pay Or allowance what
eY,r.
The President has approved the recommendation
of Secretary McCary and the necessary orders have
been issued to carry it INTO effect.