The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-03-05
SATLORMEN AS LAWYERS.
THE DUAL DUTIES IMPOSED ON
JUDGE zDTOCITE

The missions and modes Of procedure OF
naval courts Of inquiry differ radically from
those OF civil courts and this has been Illus
trsted to the public in the proceedings duIlng
the past week OF the court convened to investi-
gate the loss Of the corvette KearsarRe on
Roncador Reef on Feb. %. The difference may
be said to be centred in tho position occupied
by the Judge Advocate. He is the representa-
tive OF the Government. and has not
only to produces all evidence for the
Government. but he must also act as
counsel for the persons broaght before the
court. whether they be accused or whether. as
in the case OF the Kearsarge. IL be a mere mat
ter OF Investigation. In bringing such evi-
dence before the court no must see that IL
tends to establish the theory and precept By
which the court was ordered.
The first duty Of the Judge Advocate 10 to be
sure that all witnesses give their testimony in
accordance with the rules Of com on law and
that the testimony on both sides Is impartial
with reference to the matter in issue. While
taking testimony he must be careful to ex-
clude all OF a hearsay nature. and must object
TO anything and everything to which objection
would be made by counsel for the accused in
q criminal or civil suit
To the layman this distinction, this dual ma
ture Of the Office OF the Judge Advocate seems
an anomaly. lie has to bear in mind that he
owes adutytoward those who are not directly.
but by Implication accused. This might APP
pear to he u diversion Of the assumption that
no guilt 10 proven until all the evidence is In. 1t
is not difficult for the legal mind to meas
ure the perploxitIes with which tho Judge Adj
vocate lie beset under such clrcum stances
There is a strong bond OF friendship and
sympathy existing among naval officers and
II not infre1uently happens that the mem-
bers OF q court and those appearing before IL
are warm friends. or have been shipma tes or
classmates at the academy. Then the task Is
all the more arduous.
The two-sjded attitude OF the Judge Advo-
cate would seem to be wrong not only from a
legal standpoint. but from the natural rela-
tions which should exist in any Investigation,
because It Is almost beyond the realm OF
human probability and sincere endeavor for
him to be. at one and the same time. the
prosecutor and the counsel for the defendant.
The court OF inquiry is also so constituted that
its members assume the duties Of jurors to de-
eide on the facts OF the case. Fortunately for
the Judge Advocate. his limitations are coun-
terbalanced by the fact that the findings OF all
courts Of inquiry are submitted to the Judge
Advocate General
In the session OF q naval court citlz en- ia
likely to be impressed with tho extreme digni-
the dress uniforms with their multitud!nous
brass buttons and the leather scabbarded
backs most nearly approach in strnghtness
ne trgdltionai ramrod. are invariably detailed
for or orderly duty at the door lhey are not al;
room and when they are called in by the |
bell OF the President or Judge Advocate they |
stand at attention and salute with great defer |
ence. When the senior officer OF the court |
enters all the members present nrise and re- |
Another custom ~ that the court always rises |
while the President administers the oath to
ri ght Of the Judge Advocate. The oath. Gy the |
way written and pasted on the outer cover |
the court nay not he too greatly taxed VI
In the inquiry aG9ut the Ios. Of the Kear-
cate J. d. j. Reii.y act as their counsel and
from the BEGINNING the testimony has been
In which the Judge Advocate has con-
way in which ADMIRAL Gerardi and ' tho other
officers OF the court have been willing TO omit
course. Impossible to know the opinion Of the
court or the manner IN which i has weighed
seS, 0 TO JndS Sfaens9 WI nmIS
~ the conclusion OF the inquiry. Roncador
Reef II was said IN the court. was UNSOLICITED
very likely that one result Of the wreck viii he
'ador Rect. as no survey has been made since
1885. All Testimony has .g"no to show that
out. was taken by the officers OF the ship Tho
youth of the Sims crew has been matter
hmse WAN tha !. s Ehe sfaSe nad
.itsr J on tn. sey has been especially com.
lard. said that several OF the men had we'll
armed the right to promotion. Lieut. John
Hood has been spoken, Of in warmest praise
.terlng good qualities OF the officers and men
more than Commander lIsyerman.
This court Of inquiry has been interesting
rom many points OF W h The swearing
N the spar deck Of the old Vermont was a
Gene infreGuently witnessed. hut whose dig
lity and impressiyensss. will long he remem.
,ered ny the sunhurned men who had faced
leath on the treacherous reef. Admiral Che
aLdi's speech went e, every mans heart.
q tell his story Of the wreck he dwelt unon the
'ctions ~ his crew and his feelings oyercame
T. Para when he told the same story. II was
With silent Gdmiration that the members OF
With rare appreciation OF the situation Com
nander Kelley cleared the court until the Cap
he eronndine was told with great dramatic
ana tarrt %gs 9 sSs S1sld almost
u exciting ward room yarn. The scene OF
he court room was picturesque. with the nag
,nee, except for the testimony OF the witness
nd the scratching OF the stenographers pen:
fsmussment. as, for instance when the blue
Acket Imagined himself under oath and con;
.Gen French leave from the Xermopy
reauently lean toward Capt. Miller, and after a
NV minutes conversation both would lean
Ack and laugh until their sides shook. The
dmirnl one day said. after ishort converse
ion which had evidently aroused Cant Miller;
All. Joseph, love TO stir you Ut with long
OLE" Z
The Captain seemed TO enjoy being stirred
p. Capt Name. who is an officer OF great dig
ity asked hut few questions during the in
uiry. but sat listening very attsntiyelY to
very word that was uttered.
Now that the keATsATge Is gone many incl
ents OF her career will be- told and retold.
here Is one that has especial significance. as
err navigator at the tims was Commander .
ellev. II was In September. 1882. that Fred =
douglass went as Minister TO HAytL lie was !
DnveYed in the KearsaTEe. and the emtarka-
on was made from Coenties slip As Mr. G
Dug ass went aboard the Minister'S salute was c
red and there was all the pnmp bellttinR the I
ocasion Long lines OF marines were drawn '
n at present arms and drums beat and
ator as the ship Glided from her mOnIings
nd expressed a desire to ssa him. The Min
ter said to him when they were alone: .
" lust fitty years ago to this very dAY WAS n
lRitivs slave living hidden on the dock by
III III kYk. |