Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1897-11-26


mond-- Nj Ter bid the Eule> Allow Il.
such Action Damaging 10 the Army.
CHICAGO, Nov. 26.-In the Lowering
courtmartial at Fort Sheridan, Lieuten-
ant Colonel Hunter OF Fort Smelling,
the department of Dakota, acting as
jvdge advocate. severely arraigned Cap
tain Lowering for his treatment of Pri-
vate Charles Hammond. When the
testimony was all in and Attorney
Blair had addressed the court in defense
of Captain Coverings action, Judge
Advocate Hunter arose. He reviewed
the general evidence against Lowering.
saying that the tie ttmony showed
beyond doubt that Lowering, as officer
of the day, kicked Hommond, prodded
him with is sword and cursed him.
Gentlemen. submit What in our
military community anything in the
nature of punishment should conform
to law" he continued, ''and that a gen.
eral use OF arbitrary power or punish
ment without trial is calculated to
hasten our disbandment as an organiza-
tion not restrained by law and in oppo-
sition to the spirit of our free institu-
tions.
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 relation except that of master
and slave. The exercise in the service
of power and means, such as the evi-
dence shows the accused to have en-
ployed in executing such an order and
to have Private Hammond brought be-
fore the summary court, would neces-
sarily 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 law
full things was perfect, and the power
belonged to the master to infiict any
punishment ON his slave not affecting
life or limb which he might consider
necessary for the purpose of enforcing
obedience"
Colonel Hunter further said: IF
you establish the fact that an officer
may with lmpunity order any punish
ment he pleases to be inflicted on
soldier, you reduce enlisted men to
condition of servitude. That is what is
meant by the false doctrine of being
masterful. But it 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.
THAT Hammond should have been
produced IN court l do not deny, but
that his disobedience and stubbornness
justified his being roped and dragged
there, and in his PROSTATE, helpless
condition kicked and prodded with
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 perilously trying one, for he had
about him in the guard soldiers who
were able to lift Hammond and carry
him into court. The conjecture does
not appear to have been SO extraordin.
airy as to justify military officer
either making mistake of Judgment
or losing his temper. The law military
makes no allowance for the intirmities
of human temper. 1t perceives that
loss by soldiers of self control is loss of
power to command respect. No cir
cumstances of irritation will Justify
soldier in breaking from the established
rules of discipline"
In concluding Colonel Hunter said:
''ln this trial | think there is some
thing more than serious accusation
involved. 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 time of peril to your order
and to your tribunals. / think the
things which the accused has done
tyrannically ought to appear 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 the court"
The verdict has been forwarded to
the secretary of war. The court held
secret session, at which the verdict was
made and dispatched to Washington.
1t is the general opinion that Captain
Lowering will meet with nothing worse
than reprimand. The finding is al
ways secret one, being forwarded to
the commanding officer of the depart
ment. from General Brooke it VIII be
sent to Washington, where it is discre-
tionary with the military authorities to
give it out for publication.
Thanksgiving Reception In Vienna.
VIENNA, Nov. 26. - Charlemagne
/ Toyuar tho TTuitaJ Cta+oc