Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-11-26
CAPTAIN LOWERING SCORED.
Colonel Hunter Says His Treatment
of Hammond Was Unlawful.


CHICAGO, November 25.-In the Lover
ing court-martial case at Fort Sheridan
Lieutenant Colonel ]. a. Hunter, OF Fort
Smelling, Department Of Dakota, acting
as judge-advocate, severely arraigned
CAPTAIN Lowering for his treatment Of
Private Charles Hammond. When the
testimony was all in, and Attorney Blair
had addressed the court In defence or
Captain Coverings action, Judge -Adyo-
cate Hunter arose. After speaking OF the
Importance of the case, he took up the
specifications of the charge, saying tina.
Ioyerjng was first accused OF the failure
TO use legitimate means TO get garrison
prisoner before a summary court, and,
second. that he cruelty abused and Ill
treated said prisoner.
He reviewed the general evidence
against Lowering, saying that the testi-
mony showed beyond doubt that Lover
ing. as officer of the day, kicked Ham
mond. prodded him with his sword, and
cursed him. Gentlemen, / submit tnat
i'm our military community anything in
the nature Of punishment should conform
To law" he continued "and that a gene
raj use of arbitrary power or punishment
without trial is calculated TO hasten our
DISARMAMENT as an organization not re-
strained by law and in opposition to the
shirt of our free institutions.
Between the officers. who exercised
power I'm the manner the accused did and
the enlisted men who are liable 10 De
( come their victims there can be no other
relation except that OF master and slave.
The general exercise i'm the service Of
mower and means such as the evidence
shows the accused to have employed in
executing his order to have Private Ham
mond 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-adVo-
Gates, for our system of discipline Would
be a revival of 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 belonged to the master
to infiict any punishment on the slave.
not affecting life or limb when ne
might consider necessary for the pun
pose Of enforcing obedience
Colonel Hunter here quoted from seVe
raj cases, showing that the power o.
officers aboard ships was limited 10 such
reasonable force as was necessary 10
carry out commands.
FOR if you establish the fact that an
officer may. with impunity, order any
punishment he pleases to be infiicted on
a soldier" said Colonel Hunter you
reduce enlisted men TO CONDITION OF
servitude That is what is meant by
the false doctrine Of being nasterful
But il is the law that should De our
master. There are rules puDllsheu lor
the guidance of those who may COM
mand. as well as those who may serve
These rules are well considered aPp'O
Of
and a strict observance Of their primer
nIes would 20 far to prevent catastrophes
ike the one we have investigated
.0That Hammond should have been pro
drcad I'm court / do not deny. but that
his disobedience and stubbornness Just-
fed his being roped and dregged there'
and in his PROSTATE, helpless CONDITION
Kicked and prodded with the sword, L
do most emphatically deny. ,.
"The position in which the accused wac wac
nIaced by the disobedience OF Hamnoiu
does not appear to have been perliouSIs
trying one, for he had ABOUT MN III tli'
guard soldiers who were able 10 nv nam nam
nond and carry him TO court. The con-
s,,,,,tion does not appear TO have been so
extraordinary as to justify military OF
6cor either making a mistake or judgment
or losing his temper. The law military
u,ot,es no allowance for the infrmities OF
human temper. l perceive that loss py
soldiers of self-control is loss OF power
10 command respect. No circumstance
oF irritation will Justify soldier in break
inc from the established rules of as
ciplne." 49,. uo,a. ..1,
In conclusion, Colonel Hunter said IN
this trial I think there is something more
than a serious accusation involved.
think the reputation OF army oiiicerS tol
,,ood iudement for command Of self. Tor
humanity and justification, is all on triai
hera This is a time OF peril to our or
der and to our tribunals / think the
things which the accused mas done tyI"n-
ideally ought to appear 10 you just as
litter and scandalous as they did TO nm
u,bo felt them. The finding delivered by
,bis court will live long after taps have
been sounded over the graves OF the men
composing this court. 10
The verdict of the court-marthl mas
hae, forwarded 10 the Secretary OF war.
NuBa