Evening journal., 1890-05-16
m'CALLA FUND GUILTY.
Suspended for Three Years on
Half Pay. ~w
sEoRErARY TRAcY,s cONMENTs.

9hNhbl AM IhAt1 y OOMM EMS
The Enterprises Commander Convicted
on Five Charges by the Court and on
Another by the secretary--No Grounds
for ciemenoy in Mr.. Tracy's Opinion.
WASHINGTON, May -SecretaryATracy
has issued a general order promulgatinu
and approving the findings and sentence
Of the court martial in the McCalla case.
The court martial found Commander Nc.
Gala guilty of the five charges preferred
against him, which included the striking
and cutting Of Walker with his sword. put
ting other seaman ON board the Enterprise
in irons in violation Of naval regulations.
maltreatment Of subordinates and "con
duct unbecoming an officer Of the navy in
threatening to kill Seaman Meyer for smil
ing at him.
Suspended for Three Years.
The sentence Of the court is that Com.
mander McCalla he suspended from rank
aud duty for period Of three years, and ia
retain his present number on the list OF
commanders while so suspended The
peculiar effect Of the court martial and tho
secretary's orders is to place Commander
McCalla on furlough OF half pay for three
years, reducing the pay from 81, 500 TO about
81, 400 ayear.
Secretary Tracy's Comments.
Secretary Tracy, In commenting upon
the findings Of the court respecting some
specifications which II found mot proven
says; "The proceedings and findings Of tha
general court martial in the foregoing case
OF Commander McCalla, United States
navy, are approved except that part Of the
finding upon the third specification of the
second charge, in which, after finding that
Commander McCalla caused the men
named in that specification to be kept
standing upon their feet toeing a seam on
the quarter deck of the vessel from about
p. IN. to a. m. for four consecutive nights.
the court further found that he did not
thereby cause such men 10 be punished in
violation Of the twenty-fourth article of
the articles for the government OF the
navy which part Of the finding Is disap-
proved.
An Unauthorized Punishment.
"The twenty-fourth article provides that
no commander Of a vessel shall inhict on
cause TO be inflicted upon any petty officer,
or person Of inferior rating, or marine, for
a single oifense or at any one time, any
other than one Of the six punishments emu.
merated therein The punishments thus
authorized are clearly defined and limited
by the article, and rs requiring men to too
a seam is punishment, and is not included
in any one Of the six punishments author.
lied by the article, such punishment by
the commander OF vessel Of the navy is
wholly unauthorized, and is In violation
Of the twentyfOurth article, which ex.
pressly prohibits the infietion on board a
vessel Of the navy, except by sentence Of
court martial, Of any other than one Of the
six punishments specifically set forth in
that article.
Ironed FOR safe Keeping, Not Punishment.
'erhe conclusion reached by the court in
its finding upon the first sixth and seventh
| specifications of the second charge that in
causing the men named in those specihca-
I tions to be ironed together in the manner
| specified, Commander McCalla did not
thereby cause them 10 be punished ia vio-
lation Of the twenty-fourth article Of the
articles for the government Of the navy, ap.
pears TO be based upon his testimony and
that of the executive officer Of the vessel,
that these men were not ironed together as
prevent their escape from the ship, corrob-
GRATED by entries made in the ships log at
the time, and by the fact that in each in.
stance the men were released from irons on
the sailing Of the vessel. The department is
reluctant to assent 70 this conclusion by ap-
proving the findings upon the specifications
referred TO- and approves them only in
view Of the fact that the court appears to
have been Of opinion after full consider
alton Of the evidence, that the ironing Of
men together on the occasions speci-
fed was, under the circumstances,
necessary and warranted as a means of re-
straint But it Is deemed proper to state
in this connection that men should never
be ironed together except when it is abso.
lutely necessary to employ such unusual
measures and after all the methods Of con-
fnement authorized by the twenty
article shall have proved Intellectual
No Reason for CIemency.
The secretary then says the sentence Of
the court is approved, and adds; Accom-
panying the record IN the case is a recon-
mendation TO clemency, subscribed by ten
Of the twelve members Of the court, in
which they make the following statement,
viz. In consideration Of the previous char
acter and reputation of the accused and Of
the mitigating circumstances which have
appeared during the trial we, the under.
signed, respectfully recommend him TO the
clemency Of the revising authority After
a careful examination and consideration of
the proceedings in this case there does not
appear ia be any grounds which would in
the Judgment Of the department. Justify "a