The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-26
LASH LAID ON LOWERING.
JUDGE ADVOCATE SCORES THE
CAPTAIN SEVERELY.

ty Must Conform to the Law-Gen-
eraI Arbitrary Power of Punish
ment without Trial Calculated to
Hasten the Army's Disbandment
as an Observation-Disclosures Be-
tween officer and Private Must Not
BE One of Master and Slave.
Chicago, ILL.,, Nov 25.-In the Lowering
court-martial case at Fort Sheridan Lieut.
Col. J. A Hunter of Fort Smelling, the
department of Dakota, acting as judge ad-
vocate, severely arraigned Capt. Lowering
for his treatment of Private Charles
Hammond. When the testimony was all
in and Attorney Blair had addressed the
court in defense of Capt. Coverings &C
ton, the judge advocate. Lieut. Col Hun
ter, after speaking of the Importance Of
the case, took up the specifications of the
charges, saying that Capt. Lowering was
first accused of failure to use legitimate
means to get a garrison prisoner before
summary court, and, second that he cru
ely abused and ill-treated said prisoner
He reviewed the general evidence against
Capt Lowering, saying that the testimony
showed beyond doubt that Capt. Lowering
as officer of the day. kicked Private Ham
mond, prodded him with his sword and
cursed him.
Gentlemen, I submit that in our mill
tary community that anything in the
nature of punishment should conform to
the law" he went on to say, land that
a general arbitrary power of punishment
without trial is calculated to hasten our
disarmament as an organization, not re-
strained by law, and opposed to the spirit
of our 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 rela-
ton except master and slave. The gen.
eral exercise in the service of powers and
means such as the evidence shows the &C
cused to have employed in executing his
order to have Private Hammond brought
before the summary court would necessar-
lily result in our officers owning the en-
listed men"
Col Hunter here noted from several
cases, showing that the power of off,
GERS aboard ships was limited to such
reasonable force as was necessary to car
ry out the commands.
For, if you establish the fact that an
officer may with imprudence, order any
punishment he pleases on soldier" said
Col Hunter you reduce enlisted men to
a condition of servitude. That is what Is
meant by the false doctrine of being mas
terful. 1t is the law that should be our
master. There are rules published for
the guidance Of those who may command
as we'll as those who may serve. These
rules are we'll considered, appropriate to
the condition of our service and a strict
observance of their principles would so
far to prevent catastrophes like the one
we have investigated.
THAT Private Hammond should have
been produced in court 1 do not deny but
that his disobedience and stubbornness
justified his being roped and dragged there
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 disobedience of Private
Hammond does not appear to have been
perilously trying one, for he had about
him in the guard room soldiers who were
able TO lift Private Hammond and carry
him to the court. 1t follows that loss by
soldiers of self-control is loss of command
and respect No circumstances of irrita-
ton will justify soldier from breaking
the established rules of discipline"
trial there is something more than a Sc
rious accusation involved. 1 think the rep
utation of the army officers for good judg-
ment, for command of self for humanity
and just consideration are also on trial
here. This is time of peril to your order
and your tribunals. 1 think the things
which the accused have done tyrannical
and ought to appear to you when you
heard them, just as bitter and as scanda-
lous as they did to him that felt them.
The finding rendered by this court will
live long after taps have been sounded
over the graves of the men composing the
court"
The verdict In the Lowering court mar
tial was forwarded to the Secretary of
War to day. The court held a short Sc
cret session, at which the verdict was
made and dispatched to Washington.
1t Is the general opinion that Capt Low
ering will meet with nothing worse than
a reprimand The finding Is always a
secret one, being forwarded to the COM
handing officer of the department
From Gen. Brooke it will be sent to
Washington, where 1t is discretionary with
the military authorities to give it out for
D1ybliCa tiOp