Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-05-16
SUSPENDED FOR THREE YEARS
Inc Sentence in Commander McCaIla,s
Case Approved.

Inc sentence imposed by court-martlal unon
commander Bowman II. McCalla for his treat
inent Of his crew on board the U.SS. Enterprise
while on her recent cruise, was officially mada
pubic from the Navy Department. late yester-
Cay afternoon. As was surmised in yesterdav's
STAR, the court found Capt McCalla guilty Of
aIthe charges and OF all the specifications e,-
cept one, and sentenced him to be susnendaa
from rank and duty for three years, retaining
his present number on the list Of copamanSars
In the meantime.
The sECRErARYs ORDER.
Inc secretary order of approval is as fol-
lows:
The proceedings and findings Of the gen.
eral cOurt-martial in the foreqoino case ~,
Commander Bowman H. McCaIla Uni.ed sat-.
navy are approved, except that part OF the
EhdlhB upon the third specification OF the Sec
ono charges IN which after finding that Com
ildhuer AcCalla caused the men named in
that specification to be kept standing upon
thelr ieet, toelng a seam on the quarter deck
o. ILe vessel from about D. N. to about am.
Ior Tour consecutive nights: the court further
round that he did not thereby cause such men
W oe puhlshed In violation OF the twenty fourth
article OF the articles for the government of
proved.
The tventy-fourth article provides that no
commander Of vessel shall inflict, or cause
10 De INFLICTED, upon any petty officer or mar
son OF inferior rating, or marine for a SINGLE
onense, or at any one time. any other than one
OF the six punlshments enumerated therein
Inc punlshments thus authorized are clearly
defined and limited by the article and as re-
curing man to toe a seam is a punishment.
and Is not included in any one OF the six nm.
!shments authorized by tho article such pun
lshment by the commander Of a vessel of the
nay Is Wholly unauthorized, and is in viola
Nha truTar
pressly prohibits the infection ON board the
vessels OF the navy, except by sentence of
court-marnaI, OF any other than one of the six
punlshments specifically set forth in that article
RESTRAINT OR PUNISHMENT.
lhe conclusion reached by the court in its
findings upon the first sixth and seventh
specifications Of the second charge. that in
causing the men named in those specifications
to be lroned together in the MANNER specified
Commander McCalla did not thereby cause
them to be punished in violation of the twenty
fourth article Of the articles for the govern
ment OF the navy, appears to be based upon
MS testimony and that of the executive officer
OF the vessel, that these men were not ironed to-
gether as a punishment but for safe keeping
and to prevent their escape from the ship, cor
rooOrated 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 re-
luctant to assent to this conclusion by approx
ing the findings upon the specifications referred
10, and approves them only in view of the fact
that the court appears to have been of opinion
after a full consideration of the evidence. that
the ironing Of men together on the occasions
specified was, under the circumstances neces-
sary and warranted as a means of restraint
But 1t Is deemed proper to state in this connec-
ton that men should never be ironed together
except when 1t Is absolutely necessary to EN-
p.oy such unusual measures, and after all the
methods OF confinement authorized by the
twenty-fourth article shall have proved ineffect-
ual.
The sentence is approved"
Accompanying the record in the case is a
recommendation 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 character
and reputation of the accused and of the miti-
eating circumstances which have appeared
during the trial. we. the undersigned respect
fully recommend him to the clemency of the
revising authorities. After n careful examina-
tlon and consideration of the proceedings in
this case, there do not appear to be anv
grounds which would, in the judgment of the
department. justify mitigation OF the punish
ment imposed by the court The sentence
under the circumstances is not too severe and
will be duly executed, to take effect from this
date"