New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-26
CAPTAIN LOWERING ARRAIGNED.
JUDGE-ADvocATE HUNTER SUMS Up STRONGLY
AT THE FORT SHERIDAN COURT MARTIAL

JUDGE-ADvOCATE HUNTER SUMS Up STRONGLY
AT THE FORT SHERIDAN COURT MARTIAL
Chicago Nov. 25.-In the Lowering court-marual
case. at Fort Sheridan Lieutenant Colonel J. A.
Hunter. OF FOrt Smelling. Department OF Da
kota acting as judge-advocate. severely arra!gned
Captain Lowering for his treatment OF Private
Charles Hammond. When the testimony was all
In. and Mr.. Blair had addresses the Court in de-
Tense Of Captain Coverings action. Judge-Advocate
Hunter arose. After speaking OF the importance
OF the case he took the specification OF the
charge. saying that Lowering was first accused OF
the failure TO use legitimate means 70 get IA garri-
son prisoner before summary court. and second
that he cruelty abused and ill-treated said pris-
oner. lie reviewed the general evidence agsins;
Lowering saying that the testimony showed beyond
doubt that Lowering. as officer Of the day. kicked
Hammond, prodded him with his sword and
cursed him.
Gentlemen. submit that In our military com
munity anything In the nature 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 dsband-
ment organization not restrained by law
and in opposition to the spirit Of our free institu
tons
Between the officers who exercise power in the
the accused did and the enlisted
men who are liable TO become their victims there
can be other relation except that OF master and
slave. The general exercise In the service of
power and means such the evidence shows the
accused officer TO have employed In executing his
order TO have Private Hammond brought before the
summary would necessarily result in our Of
hcers owning the enlisted men. There would then
be little necessity for military tribunals and Judge
advocates, for our system OF discipline would be
revival OF the one In vogue before the civil War
the plantations OF the South. where the right
OF the master the obedience and submission OF
his slave in all lawful Things was perfect. and the
power belonged 10 the master to inTct any punish
ment on his slave not affecting life or limb which
he mi q n 81
forcing obedience
Colonel Hunter here noted several cases. showing
that the power OF officers aboard ships was limited
such reasonable force as was necessary TO carry
out the commands.
"If you establish the fact that officer may
with impunity order any punishment he pleases 10
be inflicted on soldier" said Colonel Hunter.
you reduce enlisted men to a condition Of servi-
tude That Is what Is meant by the false doctrine
Of being masierful But 1t Is the law that should
be our master. There are rules published for the
guidance OF those who may command, well as
for those who may serve. These rules are well
considered appropriate to the condition Of ser
would 20 far to prevent catastrophes like the one
we have Investigated
"That Hammond should have been produced in
court I do deny. but that his disobedlence and
stubbornness justified his being roped and dragged
there and in his PROSTATE. helpless condition
kicked and prodded with the sword. ] do most en-
phatically deny.
THE position In which the accused was placed
by the d!sobedience OF Hammond does not appear
TO have been perilously trying one. for he had
Hammond and carry him 10 court The coniunct-
ure does not appear to have been extraordinary
as 10 Justify military officer either making "a mis-
take OF Judgment or losing his temper"