The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-11-26
Effort to Strike Out Cruelty" and
Brutality" Unsuccessful.
ohciai News Of the Finding VIII
Nof He Made Public Till Next
eA-hieut. Col. Hunter vigOr-
oesiy DeAounces the Action Of the
Omcer-NO Excuse for the Kicking
or Sfabbing-If Tyrants Are To
Auie. the Military In Doomed-The
Law Intended TO Restr.fm M.n
Who Are I'm Positions of Authorstx


prints the following:
me hnding of the court martial is that
the accused is guilty as charged in the
specifications and tha, he be reprfmanded
by the reviewing authoeity. The court is
thus ienienl. in view OF the good character
OF the accused. as shown in the evidence
The foregoing is. according to the state
ment of man who knows. the exact ver-
diet of the court martial. which has lust
completed its labors in the case of Cant.
Leonard Lowering. of Fort Sheridan.
charged with brutal treatment of Private
Charles Hammond
II took the court martial one hour TO
reach fits decision.
The first ballot resulted in seven men,
bers of the court martial voting guilty,
and five mot guilty"
The usual court martial is composed Of
thirteen members. but Maj Randolph. who
had been detailed 10 attend the court. was.
unable 10 attend. and so twelve men sat as
the jury to decide the fate Of Capt. Loy-
ering
There was vigorous effort made to have
the parts of the specifications charging
Capt. Lowering with cruelty and .bru-
tahty" stricken out. 1t was finally de-
cided to consider the charges as they were
set forth in the specifications. and the de-
cision was reached without making the
changes
A majority is conclusive In court mar
al find
was established, the only thing to be con-
sidered was the measure of punishment
The officers had made up their minds that
Hammond's career as a soldier was not
CONSISTENT, and this weighed strongly In
bringing them TO an agreement as to the
punishment to be meted cut TO lowering
The evidence showed that Capt. Lover
ing had been connected with the United
States military service for twenty-five
years. and that his record had been a
good one.
A number Of the officers came out plain
ly and said they would not vote for find
ing of guilty IL Capt. Lowering was TO be
given a humBating punishment. 1t was
argued that Hammond's record, when
placed by the side of Capt. Coverings. was
OF such a character as, unavoida. bly,, TO
gain sympathy from the court for the
officer. The finding of court martial is
secret under solemn oath. The mem
bers of the court are sworn not TO divulge
a finding nor discuss 1t until Il has reached
the proper authority. which in this case
is President Mckinley
Lieut. Col Hunter, Judge advocate of
the court. viii have mis- record completed
today. and this. with the finding, will be
forwarded 20 Washington. 1t will prob
ably be placed in the hands OF the presi-
dent on Monday. and after its inspection
by Secretary Alger and Gen. Miles the
finding may be made public. The public
announcement viii probably be made on
Thursday Of next week.
II is. of course known that the presi-
dent may change the sentence recommend
I'd by the court martial
Lieut. Col J. A. Hunter. acting as Judge
advocate. severely arfaigned Capt. Lover
ing Tor his treatment Of Hammond. When
the testimony was al in and Attorney
Blair had addressed the court in defense
Of Capt. Lowering. Judge Advocate Hun
Ter arose.
After speaking OF the Importance Of the
ease he took MP the specification Of the
charges. saying that Lowering was first
accused ~ a failure 10 use legitimate
means TO get a garrison prisoner before a
summary court: ana second. tina, ne cruel
IL abused and ill-treated the prisoner.
He reviewed the general evidence against
Lowering, saying that the testimony show
ed beyond doubt that Lowering. a first
Officer of the day, kicked Hammond. prod
ded him with his sword and cursed him.
Col Hunter continued
Gentlemen. submit that IN our mill
tary community anything ii the nature
% punishment should conform TO law. and
that a genera, use ~ arbitrary power or
punishment without trial is calculated 10
hasten our disbaudnsnt as ar organ
!zation not restrained by law. and In op
position 10 the spirit of our free tnStltu-
ts1nS
Between the officers who exercise power
IN the manner the accused did and he en-
listed men VINO are liable 70 become their
victims there can he 10 other relation ex-
ceqt that Of master and slave. The gen
eraE exercise in sne service % power of
means sueh as the evidence shows the sc-
cused 10 have employed would necessarily
rasul, in our officers owning the enlisted
men. There would then be Bttie necessity
for military tribunals and judge advo-
Gates. for oar system ~ discipline would
te i revival Of the one IN vogue before the
civil var on the plantations ~ the South,
where me right of the master 10 the obe-
8Ieues ana submission Of ais slave IN ali
law fll things was perfect, and The power
belonged 10 the master - iufirt any pun
fshn3ent On his slaves rot affecting lie CT
limb which he might consider ncesSSaT ~
for the purpose Of enforcing obedience
Col Hanger here quoted from several
cases showing that the power OF oG'ic~fs
aboard ships vas limited 10 such reason
able force ss was necessary 10 carry o@t
the commands and continuing said,
'-F-er Il you establish the fact thAf an
a;sscer may wi;h inpunity order any pun
tshvneEt he pleases - he inflicted on
.-l.sEer ~. .a....... e..Itssaea raen q. cogl-