Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-09-13
STRUNG UP BY THE WRISTS
The Charges Made Against Captain Of
Cavalry.
Punishment Which He Deemed II
Necessary to Infict-The Result
of the Trial Reported.

The War Department has received the
record of the uch-talked-about case OF
Capt Jas. o. Mackay, third cavalry tried
by court-martial at Fort Reno, y. T., on
charges Of cruelty to the troops OF his COM
mand. The charge was conduct to the
prejudice of good order and military disci-
pline." There were two specifications, one
charging that Capt. Mackay, while COM
manding troop A Of the third cavalry, did
unlawfully punish a soldier Of his troop
named Nicholas Cannon by causing him to
be tied up by his wrists, with his feet partly
raised from the ground. for a period Of
about six hours'
The other specification charged that he
unlawfully punished another soldier of his
troop named w. G. A. Richarderes, "by
causing him to be tied up by the wrists,
with his feet barely touching the ground.
FOR period Of about one hour, and further
by causing him to be thrown into a water
hole several times Both cases occurred
near Fort Mcintosh Texas, at different
times in March last and attracted consider
able attention.
Lieut.. Col. Geo. A. burlington, third cav
airy. was president, and First Lieut.. Eben
Swift. fifth cavalry. was Judge advocate of
the court-martial Capt. Mackay plead
mot guilty and the finding of the court
was mot guilty." and he was acquitted ac-
the proceedings Of the court, says:
In the foregoing case of Capt James
o. Mackay, third cavalry, 1t appears from
the evidence that the two men named in
the specifications were tied up by the
wrists substantially in the manner therein
alleged and were not let down until they
had promised to obey the orders given
them by Capt Mackay. So much is proven
beyond a reasonable doubt and by tmpli-
cation Is confessed by the defense in set
ting up justification on the ground OF the
mutinous spirit Of the men. the location of
the troop In the field-about thirty five
miles from Fort Mcintosh Texas-and the
necessity Of prompt and drastic" meas
ures to maintain discipline. This claim
OF the defense was evidently accepted by
the court, as its findings are explatuable
upon no other grounds.
In the case Of Wilkes ". Dinsman 7 How
ard, the court said: "A public officer, in
vested with certain discretionary powers
never has been, and never should be- made
answerable for any injury when acting
within the scope Of his authority, and not
Influenced by malice, corruption or cruelty"
In the light of the evidence it must be
conceded that Capt Mackay was not in
huenced by malice. corruption or cruelty.
and that no more punishment was inflicted
than was necessary to compel obedience.
The punishment Of the men also ended i'm
mediately upon their expressed willingness
to obey the orders Of their commanding Of
fcer.
Not n Good Rule.
The facts appear to be that Capt. Mac
kay had adopted a rule whereby the sue
cessful men of the troop at target prac-
tice were excused from the usual fatigue
duty. The operation of this rule steadily
decreased the number Of unsuccessful men
until the performance of all fatigue duty
fell upon q small and decreasing minority.
1t was to be apprehended that a system of
rewards whereby the large majority of men
were favored at the expense Of the unsuc-
cessful few-a system not to be approved
would create feeling of protest among
the unsuccessful men.
Two Of these men finally carried this feel
ing Of protest to the point Of positive dis
obedience Of the orders given in person by
Capt. Mackay to. do fatigue work. 1t is
here seen that the court was dealing with
very important and delicate issue. To
concede that soldiers may defiantiy oppose
the execution of lawful orders, because
such orders may seem to them unjust, and
work individual hardship. would be to dis
lodge the keystone of the arch sustaining
all military authority. Punishment severe
and sure must necessarily follow such dis
obedience.
Again. II officers when practically alone
In the field or acting under unusually try
ing circumstances, where there may exist
doubt Of their ability to main tain to the
fullest extent the integrity of their author
fty, are rot to be sustained in the enforce
ment OF their lawful orders, then will dis
cipline be wounded in a most vital point
While conceding so much, the department
commander has. however. searched in vain
for any exigency in this case justifying the
resort to the summary punishment en-
ployed. The acts of disobedience occurred
on dates several days apart without col
fusion between the two men, without a gen.
eral feeling Of insubordination in the troop,
and under circumstances which make 1t
evident that the ordinary lawful means for
maintaining discipline would have been ad-
equate. The findings are, therefore, disap-
proved. Capt Mackay will be released
from arrest.
The case is now settled, and calls for no
further action on the part Of the War De-
partment.