The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-25
CAPT. LOWERING FRANK
HE CANDEDLY ADMITS ILL TREATING
PRIVATE HAMMOND.
Did Not Use Excessive Force, How
My Foot and sword"

CHICAGO, Nov. PA decision in the
court-martial of Capt. Leonard A. Lover
ing, of the Fourth Infantry, will be reached
tomorrow. The court-martial to-day closed
the hearing of testimony covering the in
cidents of Private Hammonds involuntary
appearance before the summary court at
Fort Sheridan on Oct 8. There will be q
protracted meeting tomorrow, as all the
evidence taken during the last two days
sessions must be read for the second time
to the court in order to follow out the red
tape of court-martial proceedings. The en-
tire morning session will necessarily be
taken up by these last duties of Judge Adj
vocate Hunter and then the twelve Off
GERS of the court will settle down to a pri-
vate discussion of their opinions of Capt.
Lowering and his method of enforcing mill
tary discipline. The general opinion Isl that
the verdict, if it is not for acquittal will
be for light penalty
The chief witness of the day was Captain
Lowering, who admitted that the stories of
previous witnesses were substantially cor
rect. He claimed, however, that he did not
use excessive force with Hammond, "onIy
stirred him up with my foot and sword"
was the way he put it, Colonel Hall, of the
Fourth Infantry, took the stand and de-
Nclared that he approved of everything Capt
Lowering had done. The arguments for and
against Lowering were very brief and at
their conclusion court adjourned
The hearing began to-day with the testi-
mony of the last witness for the prosecution,
Pest Surgeon Henry Lppincott. The sur
geon SAID that he had called profession
ally to attend Hammond. II found no
bruises to speak Of" said he. There was
slight abrasion on the shoulder and also
scratches on the thighs, but they were in
slgnlncant, and after sponging them with
lodo1orm reported the man as fit for light
work" The surgeon stated that the wounds
appeared to have been made by an instru-
ment of sharp point and could have been
caused by the use of sword.
Judge Advocate Hunter then requested
that the court visit the guardhouse and go
over the route Travelled by the members of
the guard when they dragged Prisoner
which the prosecution rested.
Attorney Blair, for Captain lowering pre-
scented four letters from various officers I'M
der whom the defendant had served. The
letters all referred to Lowering as an eff
Gent officer and a good soldier. They were
placed on file. Colonel Hall was then called
What report did Captain Lowering make
to you in regard to the AFFAIR."" asked At
torney Blair of the commanding officer
pear before the court in direct disobedience
to my orders and said that he had dragged
him from the guardhouse with a rope"
What comment did you make?"
Il commended him highly for his action,
but cautioned him to remove the rope from
the prisoners feet before he appeared in
court"
HAS there been any trouble with prison
ers during the year you have been here?"
said Colonel Hall. Prisoners have refused
to work. and there has been almost daily
infraction of the rules. | commended Cap
tain Coverings action especially because |
was informed that the prisoner had defied
five prison officers in succession
Colonel Hall told the court that there was
no conveyance at the fort that could be
used to convey prisoners from the guard
house if they refused to walk.
Attorney Blair closed his questions by
asking If a report had been made TO him
that Captain Lowering had kicked and
stabbed the prisoner.
''Well, now that you recall it, said the
witness, captain Lowering did tell me that
he had stirred Hammond little and also
approved that" --i,
question. Colonel Hail. he said, If
report had been made to you that Ham
mond had refused to walk to the summary
court would you have ordered him
wei. not specifically said the colonel.
"but would have used force" Colonel Hall
Capt. John w. Bubb, of the Fourth Regi-
ment, testified to the good character of the
accused OIncer
officers, gave some new information by
making the statement that before Captain
Lowering ordered Hammond dragged he
himself had dragged the prisoner around the
guardhouse by the heels.
Captain Lowering then took the stand IN
his own behalf. He was very nervous ana
Numbered several times while going through
the formalities preceding his examination.
us the testimony thus far given before
this court correct?" asked his attorney.
eft is substantially correct, said Lover
ing ''only the amount of force l used has
nv sword and foot, but put only small
fraction of strength into it. did not hurt
him. l kicked him to make him open his
eyes"
Then the entire affair was repeated, to the
evident aversion of the members of the
court who plainly showed that they were
tired of the story. Colonel Hunter asked
Captain Lowering why he had not reported
to his commanding ofncer the prisoner re-
fusal to go to the court. postponlng action
until he received orders from Colonel Han.
II should have been ashamed; said Cap
tain Lowering, Ito have reported to any per
that l allowed a prisoner 70 SeC the
better of me-" a.,
sCould YOU not have secured a wagon?
continued the judge advocate.
IT would not have done so unuer any
circumstances" answered Captain Lowering.
TT would have been bad example Tor the
men, -, . -.
After Captain Lowering had told of his
twentv-fye years service in the united
States army without ever having been
court martialed before he was excused and
the taking Of testimony was over Attorney
l. l. &c olC fnO