The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-11-26
WOULD MAKE
MEN SLAVES.
That Would Be the Effect of
Permitting
Capt. Coverings Action to 60
UNPUBLISHED.
COL. j. A. HUNTER
In a Speech Before the TT.
Sheridan Court Martial
Strongly Condemns the Treat
ment of Private Hammond.

Chicago, Nov. 26.-The verdict in the
Lowering court martial has been for
warded to the secretary of war. The
court held a secret session, at which
the verdict was made and dispatched
to Washington. It is the general opin-
ion that Captain Lowering will meet
with nothing worse than a reprimand.
The finding is always a secret one, be-
ing forwarded to the commanding Off
Ger of, the department. From General
Brooke it will be sent to Washington
where it is discretionary with the mill
tary authorities to give it out for pub
LEGATION.
Lieut. Col. ]. A. Hunter of Fort Smell
ing, the department of Dakota, acting
as judge advocate, severely arraigned
Private Charles Hammond. When the
testimony was all in and Attorney
Blair had addressed the court in de-
tense of Capt. Lowering, Judge AdVO-
cate Hunter arose.
After speaking of the importance of
the case, he took up the specification
OF the charges, saying that Lowering
was first accused of a failure to use
legitimate means to get a garrison
prisoner before summary court and
second, that he cruelty abused and i'll
treated the prisoner. He reviewed the
general evidence against Lowering, say
ing that the testimony showed beyond
doubt that Lowering, as officer of the
day, kicked Hammond, prodded him
Gentlemen, I submit that in our
military community anything in the
nature of punishment should conform
to law" he continued, land a general
use of arbitrary power or punishment
without trial is calculated to hasten
our disarmament as an organization,
not restrained by law and in opposition
to the spirit of our free institutions.
Between the officers who exercise pow
er in the manner the accused did and
the enlisted men who are liable to be-
other relation except that of master and
slave General exercise in the service
of power and means such as the evil
dence shows the accused to have en-
plOyed would necessarily result in our
officers owning the enlisted men. There
would then be little necessity for mill
tary tribunals and judge advocates, for
our system of discipline would be a re-
vival of the one in vogue before the
civil war on the plantations of the
south, where the right of the master to
the obedience and submission of his
slave in all lawful things was perfect,
and the power belonged to the master
to inf1lct any punishment on his slave
not affecting life or limb which he
might consider necessary for the pur-
pose of enforcing obedience"
Col Hunter here noted from several
cases, showing that the power of Of
ficers aboard ships was limited to such
reasonable force as was necessary to
carry out the commands, and, cOntin-
uing, said:
For if you establish the fact that
an officer may, with impunity order
any punishment he pleases to be in
fiicted on a soldier, you reduce enlist
ed men to a condition of servitude
That is what is meant by the false
doctrine of being masterful But it is
the law that should be our master.
There are rules published for the guild
ance Of those who may command as
well as those who may serve. These
rules are well considered, appropriate
to the condition of our service. and a
strict observance of their principles
would go far to prevent catastrophes
like the one have investigated.
That Hammond should have been pro
duced in court, do not deny; but that
his d1SObedtence and StubbOrnneSS JUS
titled his being roped and dragged
there in helpless condition, kicked
emphat1caIy deny. The position in
which the accused was placed by the
disc bedience of Hammond, does not
appear to have been a perilously try
ing one, for he had about him in the
guard, soldiers who were able to lift
Hammond and carry him to court. The
conjecture does not appear to have
been SO extraordinary as to justify a
military officer either making a mis-
take of judgment or losing his temper.
The law military makes no allowance
for the infirmities of human temper
self-control is loss of power to COM
mand respect. No circumstances of
irritation will justify a soldier in
breaking from the established rules of
discipline
In conclusion Col. Hunter said:
In this trial 1 think there is some
thing more than a serious accusation
involved. I think the reputation of the
army officers for good judgment for
command of self, for humanity and