, 1897-11-26
LOWERING BERATED.
THE JUDGE ADVOCATE DENOUNC-
ES HIM FOR HIS TREATMENT
OF HAMMOND.
Went Altogether Outside the Line OF
His Duty in the Mattcr-He MOI
Only Was Guilty of Gross Error
in judgment. But Was Blamable
for Losing His Temper.

L-leut.-COl. J. y. llunter of Fort Smell,
ing. department of Dakota. acting al
judge advocate. severely arraigned
Private Charles Hammond. When the
testimony was all in and Attorney
Blair had addressed the court in de-
Tense of Capt. Lowering. Judge Advo-
cate 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 Il failure to use
legitimate mean to get a garrison
prisoner before a summary court, and.
second. that he cruelty abused and iii,
treated the prisoner. He reviewed the
general evidence against Lowering. say
ing that the testimony showed beyond
doubt that Lowering, the first officer
of the day. kicked Hammond. prodded
him with his sword and cursed him.
Gentlemen, | submit hat in our
military community anything in the
nature Of punishment should conform
to law" he continued. and thai a gen.
eral use of arbitrary power or punish
ment without trial is calculate to has.
ten our disarmament as an organiza,
ton, not restrained by law and il op.
position to the spirit Of our free inst.
tutiuns.
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 general exercise in the
service of power and means such as
the evidence shows the accused to have
employed 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 of the master to innict
n punishment on his slave not affect
ing life or limb which he might con
slider necessary for the purpose of en-
forcing obedience"
Col. Hunter here quoted from several
cases showing that the power of officers
aboard ships was limited to such roa,
sOnable force as was necessary to cary
out the commands. and continuing.
said:
For, if you establish the fact tha'
an officer may with IMMUNITY order any
punishment he plcasos to be inflicted
on a soldier you reduce the enlisted
men to a condition Of servitude. Tha'
is what is meant by the false d0ctrin,
Of being masterful. Nevertheless. II i,
the law hat should be our master
There are rules published 70" the guild
ance of those who command. rs well as
those who may serve. These rules arc
well considered. appropriate to the cOn.
W VI 'ul SCI Nv anu Il Sll bb>
servance of their principles would o.
far to prevent c~atastrophes like the ona
we have investigated.
THAT Hammond should have been
produced in court | do not DENY. but
that his disobedienCe and stubbOrnness
justified his being rOpeh and dragged
there in a helpless condition, kicked
and prodded with the sword. | do most
emphatically deny.
The position in which the accused
was placed by the disobedience of Ham,
seriously trying one, for he had about
him in the guard soldiers who were
able to lift Hammond and carry him
to the court. The conjuncture dOes not
appear to have been so extraordinary
as to justify a military officer either
making a mistake of judgment or los
ing his temper. The law military
makes no allowance for the infrmities
of human temper. 1t percieves that
loss by soldiers of ~self-control is loss
of power to command respect. No cir,
cumstances of irritation will justify a
soldier in breaking from the establish
ed rules of discipline"
In concluding. Col. Hunter said: In
this trial l think there is something
more than a serious accusation involv,
ed. | think the reputation of the army
officers for good Judgment, for COM
mand of self. for humanity and just
consideration is on trial here. This
is a time Of peril to FOUR order and to
your tribunals. | think the things
which the accused has done tyrannical-
ly ought to appear to you who have
heard them just as bitter and scandal
Gus as they did to him that felt them.
The finding rendered by this court will
live long after the taps have been
sounded over the graves of the men
composing the court"
The verdict in the lowering court
martial has been forwarded to the Sec
rotary Of var. The court held a short
secret session today at which the ver-