The record-union., 1897-11-26
Severely Arraigns the Officer for His
Treatment Of Private Hammond.
Does Not Believe It Conducive to
the Welfare of the Army for
an Officer to Resort to Measures
Which He Asserts That Lover.
ing Did in Disciplining Pri-
Yates.

court-martlal case at Fort Sheridan,
L1eutenant-Colonel j. A. Hunter of
Fort Smelling, Department of Dakota,
acting as Judge-Advocate, severely ar
raigned Captain Lowering for his treat
ment of Private Charles Hammond.
When the testimony was all in and At
torney Blair had addressed the court
in defense of Captain Lowering, Judge
Advocate Hunter Began.
After speaking of the Importance of
the case he took up the specifications of
| the charges, saying that Lowering was
| first accused of a failure to use legiti-
mate means to get garrison prisoner
before summary court, and, second,
that he cruelty abused and ill-treated
the prisoner. He reviewed the general
evidence against Lowering, saying that
the testimony showed beyond doubt
that Lowering, as first officer of the day,
kicked Hammond, prodded him with
his sword and cursed him.
Gentlemen, submit that in our mil
itary community anything in the ma
ture of punishment should conform to
law" he continued, 'and that a general
use of arbitrary power, or punishment
without trial, is calculated to hasten our
disbandment as an organizat ton not re-
strained by law and in opposition to the
spirit of our free institutions.
Between the officers who exercise
power in the manner the accused did,
and the enlisted men, who are liable
to become their victims, there can be
no other relation except that of master
and slave. The general exercise in the
service of power and means such as the
ax-idanna ell ha oncrCa1 n have
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
revival 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 infliet any punishment on his slave
rot affecting life or limb. which he
might consider necessary for the pur-
pose of enforcing obedience"
Colonel Hunter here quoted from sew
eral cases showing that the power of
officers aboard ships was limited to
such reasonable force as was necessary
TO carry Oui tiSii toinlhditdo, ohNs WI
tinuing, said:
For, if you establish the fact that an
officer may, with impunity, order any
punishment he pleases to be inflicted on
a soldier you reduce enlisted men to
condition of servitude. That is what is
meant by the false doctrine of being
masterful. Nevertheless it is the law
that should be our master. There are
rules published for the guidance of
thoss who may command as well as
those who may serve. These rules are
well considered, appropriate to the con-
dltion of our service, and a strict OBJ
servance of their principles would go
| far to prevent complaints like the one
we have investigated. That Hammond
should have been produced in court /
do not deny, but that his disobedience
/ and stubbornness justified his being
roped and dragged there in a helpless
condition. kicked and prodded with the
sword / do most emphaticallv deny
The position in which the accused was
placed by the disobedience of Ham
mond does not appear to have been a
seriously trying one. for he had about
him in the guard soldiers who were able
to lift Hammond and carry him to the
court. The conjecture does not ap-
pear to have been so extraordinary as
to justify military officer in either
making a mistake of Judgment or los
ing his temper. The military law makes
no allowance for the infirmities of hu-
man temper. 1t perceives that loss by
soldiers of self-control is loss of power
to command respect. No circumstances
of irritation will justify a soldier in
breaking from the established rules of
discipline.
In conclusion Colonel Hunter said:
In this trial l think there is some
thing more than a serious accusation
involved. l think the reputation of the
army officers for good judgment. for
command of self for humanity and just
consideration is also on trial here This
is a time of peril to your order and to
your tribunals. I think the things
which the accused has done tyrannically
ought to appear to you who have heard
them just as bitter and scandalous as
they did to him who felt them. The
finding rendered by this court will live
long after the taps have been sounded
over the graves of the men composing
the court
WILL ONLY BE REPRIMANDED
CHICAGO, Nov. 25.-The verdict in
tbe Lowering court martial has been
forwarded TO the Secretary of War. The
court held a short secret session to-
day. at which the verdict was made and
dispatched to Washington 1t is the
general opinion that Captain Lowering
will meet nothing worse than a repri-
mand.
is DURRANT INNOCENT?