The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-26
LOWERING LAMBASTED

ny tho Jadge Advocate OF the canrimHT-
tlaI. Col. Huntsr-Soms Primary Truths
Heeited in Ills stunning mp OF the Case.
CHICAGO. Nov. 25.--In the Lowering
courtmartial at Fort Sheridan, Lieut..
Col, Hunter, of Fort Smelling, the depart
ment OF Dakota, acting as judge advo-
cate, severely arraigned Captain Lever
ing for his treatment OF Private Charles
Hammond. When the testimony Was all
In and Attorney Blair had addressed the
court IN defense Of Captain Lovering's
action, Judge Advocate Hunter arose,
After speaking Of the importance of the
case he took up the specification of the
charges, saying that Lowering was first
accused OF q failure to use legitimate
means 10 garrison a prison before sum-
mary courts, and second that he cruelty
abused and m treated said prisoner. He
reviewed the general. evidence against
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 mill
tary community anything in the nature
OF punishment should conform TO laT,"
he continued, and that general nse OF
arbitrary power or punishment without
trial is calculated 10 hasten our disband-
ment as an organization not restrained
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 10 become
their victims there can be no other rela-
ton except that OF master and slave The
general exercise In the service OF power
and means such as the evidence shows
the accused 30 have employed iB execut-
Ing such an order and 10 have private
Hammoni brought before the summary
court would necessarily result In our
officers 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
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 be-
longed to the master to infilct any pun
ishnent on his slave not affecting life or
limb which he might consider necessary
for the purpose OF enforcing obedience."
Colonel Hunter here noted eeveral
cases showing that the power OF officers
aboard ships was limited to such reason
able force as was necessary to carry out
the commands.
For II you establish the fact that an
officer may with impunity order any
punishment he pleases to be inflicted on
q. a.soldier," said Colonel Hunter you re-
dnce enlisted meE TO a condition OF servl-
tude. That Is what IS meant By the false
doctrine OF being masterful. But 1t is the
law that should be our master There
are rules published for the guidance Of
those who may command as well as those
who may serve. These rules are well
considered, appropriate TO the condition
Of our service. and a strict observance OF
their principles would 60 far TO prevent
catnstrophes like the one we have inves-
tigoted.
''That Hammond should have been
produced IN court i do not deny, but that
his dlsObedience and stubbornness justl-
fled his being roped and dragged there
and IN his PROSTATE. helpless condition
Kicked and prodded with the sword, do
most emphatically deny.
1.-THE position In which the accused was
placed by the disobedience of Hammond
does not appear to have been perliously
trying one, for he had about him In the
guard soldiers who were able tO lift
Hammond and carry him to court. The
conjecture does not appear to have been
so extraordinary as TO justify military
officer either making mistake OF Judg-
ment or losing his temper The law mill
tary makes no allowance for the tnfir1ni-
ties OF human temper. II percelves that
loss by soldiers OF self control IS loss OF
power 10 command respect. No cjrcum-
stances OF irritation will Justify soldier
in breaking from the established rules Of
discipline.
in conclusion Colonel Hunter said: IN
this trial think there IL something more
than n serious accusation involved. j
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 q time OF
peril to your order and to your tribu-
nails. ] think the things which the ac-
cused has done .yrannically ought to ap-
pear to you who have heard them just as
bitter and scandalous 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 this court.
------o-.------
Two Holidays In one
NEW YORK, Nov. 25,-New Yurkers