New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-29
THE TREATMENT OF IANIS.

JUDGE GF1DNEY THINKS 1T WAS NOT JUSTIFIED
Ex-Judge Frederick G.. Gedney, who was twenty
two years in the National Guard. having enlisted as
private In the 37ih NewYorl State Militia and being
mustered out major OF the 5th NewYork state Mihua
In 1884 think the treatment OF Private las
was justified. He said yesterday that he had rean
the account Of the Iams matter and the newspaper
comments thereon. He noticed that some papers had
stated that an action would lie against the State OF
PENNSYLVANIA. "Of course this Is simply nonsense
sad the Judge The State Of Pennsylvania stands In
the same light individual-responsible only Tor
the authorized acts Of its agents. and only for such
matters as come within the scope Of an officers au
tborityp The Judge considers that it part OF
the duty OF the commanding officer TO commit such an
act OF cruelty stringing up private by the thumbs
Lieutenant Colonel StreatOr. who committed TINS out
rage" said he, 60 and General Snowden, who 1ndorsed
and approved Of It, both responsible personally
in heavy damages, for they acted without authority
Of law
"The duty Of Colonel StreatOr was to have had
the offending private arrested and tried by court
martial. / am aware that Iams committed very
grave offence. AS a soldier 1t was no part OF his
duty to applaud assassination on the contrary, his
very presence there for the purpose of helping TO
restore law and order 10 that region II is not PROB
able that the soldiers Of Pennsylvania would have
cared to have had such q fellow among them, but
would have been perfectly willing that he should be
disgraced by being drummed out OF camp unworthy
OF being comrade. When | read OF Colonel StrcatOrs
action In the matter l expected to the proceed
ngs at once cOuntermahded by General Snowden, but
amazed to learn that he had approved Of 1t. II
Colonel Streators action had been necessary to main
tain discipline on field OF battle In the presence Of
an enemy there might have been some possible excuse
for 1t; but then drumhead court martial might
have been held, and the proceedings conducted In
lawful manner.
Article XIV Of the Articles of War Of the United
States reads:
mo officer soldier shall any reproachful pro
voking speeches. Any soldier who ofends shall lie
requested ask rardon Of the party offended in the
Of his commanding officer
CLANS had offended every soldier OF the regiment.
II In the service OF the United States the offence Of
which Iams guilty under Article LXI1
of the Articles Of War, which reads as follows:
IAN crimes not capital and all disorders and negects
which officers and soldiers may be guilty Of, 10 the
prejudice OF good order and military discipline though no,
mentioned In the foregoing articles Of be taken
cognzance Of by general regmcntal garrison,
field officers courtmartal according TO the nature and
degree Of the offence and punished at discretion Of
such
"The Articles OF War OF the United States declare
that there shall be cruel punshments inflicted
upon soldiers.
Il have seen a number OF drummed out OF
camp IN my time. and In nearly every case there has
been blunder connected with It In fact, the
first most ludcrOus one, vet
not without its sad side. A private had been ar
cused OF stealing silver watch from comrade and
was sentenced to be drummed out OF camp Now 10
properly carry out this order, corporas guard, with
bayonets fixed and pointed at him, should have
marched him up and down the regiment to the tune
of The ROgue's March AS matter Of fact, q
eorporal's guard did carry arms; and the fife and
really escorted the thief out OF camp; and to make
matters worse, the fellow was substitute for regu
lar member OF the regiment who could not attend.
of his and to day 1t stands in general orders in
fhe history Of that regiment that hghS honorable
man had been convicted OF stealing watch and had
been drummed out Of his regiment
Il presume in the event OF suit for damages
strong mitigating circumstances in behalf OF the
general and colonel will be the worthless character
one time found asleep at his post. This offence
would be punishable with death in time OF then
tho people Of this country do not take kindly 70 men
who applaud assassination. Still. even that did not
justify the unauthorized act and the torture Inflicted
upon the soldier by the Northumberland
at In the province OF court martial to
fXXXVI Of Articles Of War, which reads follows :
"A cour-msrtia may punish, discretion, any person
who any mcpscing words signs or gestures in its
presence or dsturbs its proceedings by riot dis
sSdeS
is the scale: Death, penal servitude for term not
exceeding five years; Imprisonment, with or without
hard labor; discharge with ignominy from Her MAJ
estys service. reduction In the case OF non commits
stoned officer 10 q lower grade, to the ranks fines
and forfeiture Article OF Section IA OF the British
Army Articles says
'sodiers Offending may be punished but such punish
nent shall not cause injury to lhc or limb.
@The British Army Articles, Section 81, read:
"Any officer commissioned ofhccr who shall strike
ntreat soldier shall, conviction. be eashered
from the serviee'