Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-07-30
WILL ENTER SUITS TO-DAY.
Charges of Aggravated and Simple
Assault to Be Made.
GOING TO UNITED STATES COURTS
To Secure Damages for Indignities Suf-
fered by the Private.
A GLOOMY DAY AT CAMP SAM BLACK

The attorneys interested in the Iams case
met at the Office of F. P, Iams, Diamond
street, yesterday afternoon to consider the
proposed prosecutions of those who par
ticipated in the punishment of young 1ams
at Camp Sam Black The attorneys pres
ent were c. C. Dickey, +. P. Iams, John
d. Watson and S. q. Trent. They had
expected Colonel Freer, an uncle of Iams,
who is a prominent member of the West
Virginia State guards and thoroughly con-
versant with military law, to be with them.
/ Colonel Freer did not arrive.
After the meeting John d. Watson, one
of the attorneys in the case, in conversation
with DISPATCH reporter, said: "We de-
cded at our meeting to make out informa-
| tions against Colonel Hawkins and Lieu
tenant Colonel Streator for aggravated as
sault and battery covering the charge that
on the 23d of July Iams was unlawfully and
maliciously strung up by the thumbs. An
other set of informations will also be made
against these two gentlemen for simple as
sault and battery covering the acts done on
July a. when the half of young Iams' head
and face was shaved The civil actions can
net be brought at present, for, according to
the military code of the State, which, by
the way, is one of the most loosely and
carelessly drawn acts in the book, no
process of law can be served on a member
of the militia while in service or until 80
days have elapsed after his discharge from
duty.
VIII Sue in the United States Court.
The civil suits will constitute actions for
trespass and damages. These suits will
more than likely be brought in the United
States Court, as Iams Is MINOR being but
is years of age and his father resides in
West Virginia.
''There will probably be two suits, one on
behalf of the boy through his faith er as his
nearest friend and the father will enter suit
suits will be brought against General
Snowden, Colonel Hawkins and Lieu
tenant Colonel Streator. There is
also conspiracy charge under advis ement.
This will be entered under the laws of the
Commonwealth for conspiracy to libel and
defame the character of young Iamk If
this is entered it will be against General
Snowden, Colonel Hawkins and Lieutenant
Colonel Streator. The charges are to be
based upon the official report filed with
General Snowden relating the incidents of
the thumb hanging, which General Snow
den Endorsed, saying Discharge him in dis
grace, drum him out OF camp and send him
home
According to the military code of the
State General Snowden's order after the
first two words was unlawful He had no
authority given him to say more than Dis
charge him. Iams was certainly brought
into public ridicule and disgrace by the
actions of these officers, and that is why we
propose to bring this action.
Waiting for the Official Records.
sThere is one thing which makes us hold
off for the time being, however. The Off
cial records of the Tenth Regiment will con-
tain full report of the proceeding, and we
want these for our evidence. Being in the
hands of our enemies, so to speak, we ap-
prehend some difficulty in obtaining access
to the records which are now held by the
Adjutant of the Tenth Regiment and also
filed at Harrisburg.
Another phase of this question which
has not attracted attention is the fact that
the law makes all those who took any part
whatever in the punishment of Iams party
defendants equally with the others. An
unlawful order from superior officer is no
excuse for an unlawful act We are not
after these parties, however 1t is the
officers in charge who ought to have known
the laws well enough to know how far they
could go without overstepping the bounds
of their authority. In support of the stand
we have taken we have received letters
from some of the most eminent lawyers of
Washington City as we'll as from the Judge
Advocate General of the United States
Army. who gave his opinion that the hang
ing by the thumbs was an atrocity and un-
supported by military laws
A Chance to Dodge Creditors.
''To illustrate how loosely the military
code is drawn up I will refer YOU to the
clause in reference to the serving of legal
processes upon members of the National
Guard 1t says in substance that no legal
process can be served upon member of the
militia while enlisted in service or until 80
days have elapsed after his discharge. Why,
if the clause was taken literally as it reads it
would only be necessary for a man wishing
to escape from his creditors to join the Ma
tional Guard, when he would have
a safe refuge tor all time to come
The clause by which officers of the
militia get their authority for the
administering of punishment expressly
states that the law of the United States
army shall be followed as closely as prac-
ticable. 1t would naturally be supposed
that mans being citizen and not a regu-
lar soldier would be an argument for the
ameliorating of the punishment rather than
increasing it. We do not care to give out
when these informations will be made, suf-
flee to say that some will be made to-mor-
row morning"