New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-05-16
McCALLA,S SENTENCE.
TO BE SUSPENDED FROM RANK AND DUTY
FOR THREE YEARS.
NOT TO LOSE HIS NUMBER on THE LIST OF
CoMMoDoREs - THE FINDINGS OF The
COURT APPROVED BY SECRETARY
TRACY, EXCEPT on ONE POINT.


Washington, May 15.-The action Of the secretary
of the Navy in the Of Commander Bowman II. nc
CaIla late commander of the United States snip Ener
prise, made public to-day. Commander NC
Gala was tried by court-martial on five charges as
follows: Striking another person in the Navy pi'e
man John E. Walker, violation OF the 24th h''i.i'
OF the Articles for the Government OF the NAVY III"
Hicting improper punishments). maltrcatment Oh pr
sons subject to his orders, conduct unoccomhe an
officer of the Navy, and violation Of the tenth CLAUSE
Of the Goth Article of the Articles for the Govern
ment Of the Navy, I'm falling to read TO the snip
company the Articles for the Government OF 'ne
Navy The court found him guilty OF all the charges
and sentenced him to be suspended from rank ana
duty for period Of three years, and TO retain MS
present number on the list Of commanders wniie 90
suspended
The action Of the Department is emoodied III
general order, issued by the secretary 'ilS a,'er
noon In which. after reciting the charges spocino
tons and the findings Of the court, he says
The proceedings and findings Of the general court
martial In the foregoing Of Commander Bowman H.
McCala, United States Navy. are approved except 1
part Of finding Upon the third spechcatloh o ."o
second CHARGE which, after finding that Commander
McCsla caused named in that specincauon 70 Do
kept standing upon their feet tocing seam on he quar-
terdeck Of tho vessc from about p m to ABOUT =. HI
for consecutive nights the further founo nas no
did not thereby such to be punished In Uoiaon
Article OF the Articles for the Go'ernmeoS u
the Navy, which part the finding is disapproved.
The oath Article provides that commander OF vessei
shall nnct be inflicted upon any pc'y o"'e
or person Of Inferior rating. marine for single onence
court martial OF eny othtr than Of the SIX puhish'
ments therein The punshments thus auhor
lied clearly and limited by the articles ana as
requiring to toe seam Is punishment ana Is nov M
cluded any the six punshments authorized Dy e
articles such punishment by commander of Vossei VI
the Navy wholly unauthorized and is In violation o the
2tth Article which expressly prohibits the nhcton on
board a vessel the Navy, except by sentence OF
Court-Marta OF any other than one OF the SIX PUNISH
ncnts specifically set forth In that article.
The conclusion reached BY the Court In It's hhaihss
upon the first and seventh specifications OF the
second charge that in causing the men named IN hose
be ironed together In the manner specned
commander McCalla did not thereby cause them 70 De
unshed in 9loaton Of the Article OF the Articles
for the Government OF the Navy, appears " be oased
upon his and that OF the executive ohcer OIL @
vessel that these ironed together as pun
but for saekeepng and to prevent heir escape
from the ship corroboated by entries made In he snip
log at the time and by the fact that In each
the men were released from irons on the SAILING Vi o
vessel The Department Is reluctant 10 assent "' 'h'
conclusion BY approving the findings upon the spechca'
lions referred TO- and approves them only IN view Oh 'he
fact that r court appears have been OF opinions 1er
full consideration OF the evidence, that the iroihs VI
men together the occasions specihed was uhaer inc
circumstances. necessary, and warranted as means VI
restraint But is deemed proper to state I'D Ihis eon
that men should be ironed tosether except
when it is absolutely necessary to employ such unusual
and after all methods OF confinement author'
ized by the oath Article shall have proved Intellectual
The sentence is approved 49,
Accompanying the record In the case is recommends
tioo 10 cemency by ten Of the twelve men
hers Of the court which they make the
ment viz I'm consideration Of the previous character
and reputation Of the accused, and Of the mitigating cr'
cumsances which have appeared during the trial. we
the undersigned respectfully recommend MIN 70 INC oie
ency OF the revising authority"
After careful examination and consideration OF the
proceedings in this case there do not appear to be any
grounds which would in the judgment OF the Department
Justify mitigation OF the punishment imposed by the
cour The sentence under the circumstances Is not too
severe and will be duly executed to take enect from