Evening journal., 1897-11-26
LOWERING CENSURED
Judge Advocate Scores Him
For Maltreating Hammond.
THE CAPTAIN UNNECESSARILY CRUEL
Such Treatment. He Says, Establishes n
Dangerous Precedent-Relations OF
Omcers and Privates shouid Not
BE Those OF Slave and Master.

CHICAGO, Nov. 26.-In the Lowering
court martial case at Fort Sheridan
Lieutenant Colonel J. A. Hunter OF
Fort Smelling, acting as Judge advocate,
severely arraigned Captain Lowering
for his treatment Of Private Charles
Hammond. He said that Lowering was
first accused Of failure TO use legitimate
means to get garrison prisoner before
a summary court and. second that he
cruelty abused and I'll treated said
prisoner. He reviewed the general evil
dence 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. He said:
Gentlemen, 1 submit that in our mill
itary community anything in the ma
ture Of punishment should conform to
law" he said, land that a general use
of arbitrary power of punishment with
out trial is calculated to hasten our
disbandment as an organization not re-
strained 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 to
become their victims there can be no
other relation except that Of master
and slave There would then be little
necessity for military tribunals and
Judge advocates. for our system of dis
cpline would be a revival of the one in
vogue before the civil war on the PLAN
tations Of the south, where the right
of the master TO the obedience and sub
mission of his slave in all lawful things
was perfect. and the power belonged TO
the master 10 infict any punishment
on his slave not affecting life or limb,
which he might consider necessary for
the purpose Of enforcing obedience"
Colonel Hunter here cited from sever
al cases, showing that the power of Off
GERS aboard ships was limited TO such
reasonable force as was necessary TO
carry out the commands, and, continu-
ing. said:
For il you establish the fact that an
I officer may with impunity order any
punishment he pleases TO be inflicted on
q soldier. you reduce enlisted men TO a
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 pub
lished for the guidance of those who
may command, as well as those who
may serve. These rules are well con-
sidered, appropriate to the condition OF
our service, and a strict observance oil
their principles would so far to prevent
catastrophes Ike the one we have in
vestigated.
THAT Hammond should have beer
produced in court / do not deny, bu
that his disobedience and stubbornnesi
justified his being roped and dragged
there. and in his prostrate, helpless con
dition kicked and prodded with tn
sword. do most emphatically deny.
"The position in which the accuses
was placed by the disobedience of Ham
mond does not appear to have been
perilously trying one, for he had abou
him in the guard soldiers who were abb
to lift Hammond and carry him &
court. The conjecture does not appea
to have been so extraordinary as TO jus
tify a military officer either in makin
a mistake of Judgment or losing hi
temper The law military makes no al
lowance for the infrmities Of huma
temper. 1t perceives that loss by sol
diers Of self control is loss Of power I
command respect. No circumstances c
irritation win justify soldier in break
ing from the established rules Of dis
cipline."
In concluding, Colonel Hunter said
I'm this trial 1 think there is somethin
more than a serious accusation involy
ed. l think the reputation of arm
officers for good Judgment, for CON
mand of self. for humanity and jus
tifcation is all on trial here. This
a time Of peril 10 our order and to ou
tribunals. I think the things which th
accused has done tyrannically ought
appear to you who have heard just g
bitter and scandalous as they did
him who felt them. The finding deli'
cred by this court viii live longer tina
after taps have been sounded over II
: graves of the men composing tn
court"