New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-15
CAPTAIN MEEKER'S TRIAL.
WERE HIS PUBLIC REPRlMAND AND SUISSE
QUENT COURTMARTIAL LEGAL?
ADMIRAL WALKERS ORDER AND THE COURT
FNNN3 NOW UNDER CONSIDERATION
ATT THE DEPARTMENT
AT THE DEPARTMENT.
InY TELEGRAPH TO THE TRIBUNE

IBY TELEGRAPH TO THE TRIBUNE.I
Washington Nov 1.-the Navy Depart ment mas
received and Is considering the p'OceehhsS' hhu-
ing and sentence Of general court martial winch
has attracted much attention In naval circles OWING
10 the fact that scver. incidents preceding the trial.
and one or more occurring during its progress, are
most unusual IL not extraordinary and involve certain
fine distinctions of naval law and precedent relating
10 the power aud duty Of commanding officers ana INC
rights and authority of cOurts-martial
TIE ca e IN point is that of Captain E. F. Meeker'
command q. officer OF the marine guard on the Chi
caeo the flagship of the North Atlantic squadron, VINO
was recently tried by general ourtmartial upon Or
de-s Of Rear Admiral Walker for neglect OF duty and
culpabe neficency in the performance OF the same
while on ,hors La Guayra, protecting the United
states consulate during the last day of the late Ievo
luton in Venezuela.
1t appears that Admiral Wall err, fearing thdt pag
ing and Other acts of lawleSsness might ensue upon
tie arrival Of the defeated ARMY in Ia Ghayra or
der a detachment Of marines TO 60 ashore from the
Chicago and insure protection 10 the United states con
sulate against attack injury. Upon their arrival
at the Consulate the marines quaTtered In por
ton of the building assigned to them by Consul Hanna
and during a brief temporary absence Of Captain
Meeker and through the trachery of the consus ser
want and their own acts few Of the marines obtained
liquor and became drunk.
Upon tie return Of Captain Meeker TO the Chicago
the following day, report of the conduct of the
offending marines VS. mado to Captain McGlensey,
commanding officer Of that vessel and subsequently,
Admiral Walker ordered the men before court,Inar
t;a which tried AID convicted aud sentenced them to
severe punishment. several # the sentences infiic
ing imprisonment for term Of four years When
Admiral Walker received the report concerning the
misconduct Of the marines shore he issued written
order Captain McGlensey which, in the strongest,
terms, censurcd only the men, but Captain
Meeker well. and, by direction OF either Admiral
Walker Captain McGlensey, this order was promul-
gated to the officers and men Of the Chicago while
at the quarerdeck in the most formal pub
lie manner.
When Captain MeoAer arraigned before tho
court martial, before which he subsequently,
ordered to appear by Admiral Walker he pleaded IN
bar of trial that he had already been punished for
the ALLEGED offences by being publicly repmanded
b. the commauderin chief After mature Considcra-
ton the court sustained Captain Meekers plea and
forwarded its findings In the 10 Admiral Walker.
The admiral was not, apparently satisfied with this
finding the part Of the court, however, and re-
turned the record to it with order to proceed with
the trial.
The important questions at issue in this case which
the Navy Department Will soon have to consider, are
frst has the oommapder-inchief Of d squadron the
lawful right publicly to ce!ls'ire or rcpriTrand com
III. STONED officer, and, If So was the publication OF
Aomiral Walkers order condemnlng the character and
services OF tie marines and their commanding onoeT
at La Guayra a reprimand? and second, has the
authority who convenes a oourt-martial the power
TO set aside the huding Of Such In sustaining plea
Of an III bar Of trial. and TO direct the court
TO proceed with tho trial regardless Of It's findings
With relation " the first question there appears 70
be little doubt neither the commanderinchiel OF
the squadron the commander Of a Snge vessel
Is authorized to innct any other than private rep
rimand arrest confinement upon commissioned o.
tcer except in pursuance OF the sentence OF
general court marital The articles for the government
Of tho Navy specifically refer 70 these puiushhchts
and prohibit the infction Of others by hard com
mander. Whether the PRONUNCIATION of Admiral Walk
ers order at the time and place mentioned was
public reprinand is question which the Departments
alone can determine; and II would De iolo at '"c
present to attempt predict what It's conclusions upon
this 1,oaut will I've. As matter of course the CON
clusion will be Just and proper one, depending
wholly upon the legal meaning Of the word
With reference 10 the second question: as 10 whether
the converting authority can order cOuFtmsrua
to proceed with the trial OF an accused person ai'er
the court has sustained plea in bar OF tria on u'e
nar % the accused no Naval prccedens are recalled
which seem TO 1T this particular case; anu the
Department Will probably De compelled 10 cohsluer
the question original one in ine Hrins t h
ara several eases where court martial nave D'eh
requested by the converting authority 10 recohsluer
their findings plea In bar OF rial, ana al, IN n
inetances The courts have recOnsdered thtlr ACTON
and proceeded with the trial, while In others ur
courts have adhered to their hrst nnulg' aH p a
re-nemlcred by officials al the War Department toong
where the converting authority i hau Vpu nnaneo ond
10 reconsider finding OF the hhu lneI"'o'i IL
IN. of,lciaIs referred - emphatically OF me
on,,,"n lat snch action of the converting AUTHORITY
would be clearly illegal AS it dos not appear b ,ve
Admiral Walker directed captain mc,s"nS' NAV lie
that the responsibility for us publication WIN acs
with Captain McGensey; and II tlst , pe e onnlv
me articles governing the Navy undoubteny app r
as the terms OF these articles are iha no c"pn
OF a vessel shall cause 10 DE hnlclcu uPon -
mIsstonod officer any punishment except "a pIN az
ronr mand arrest and confinement II M o H"
BEEN done or If any part Of the procrrai,s co'rs
end sencnocs have been Illegal. some one IS Oh co
esnnns,ilc oI the result and il IS sae 10 "a, tna
IN his case as in all others which have come peloIe
him Secretary Tracy will take such acuoh AS -
advisable and proper