The Portland daily press., 1897-11-26
is NOT A SLAVE DRIVER.
Capt. Lowering Severely Arraigned
by Col. Hunter.
HIS TREATMENT OF HAMMOND
CRUEL AND UNLAWFUL,
General Use of Arbitrary Power in Opposi-
to Spirit of Our Institutions-Verdic
Agreed Upon in Secret Session.

General Use of Arbitrary Power in Opposi-
to Spirit of Our Institutions-Verdict
Agreed Upon in Secret Session,
Chicago, November 25.-In the court
martial case at Fort Sheridan Lieut.. Col.
]. A. Hunter of Fort Smelling, the de-
partment of Dakota, acting as Judge ad-
vocate, severely arraigned Captain Lover
ing for his treatment of Private ham
mond. When the testimony was all in
andAttorney Blair addressed the court in
defence of Captain Loyering's action,
Judge Advocate Hunter arose and after
speaking of the importa nee of the case, he
took up the specifications of the charge,
saying that Lowering was first accused of
the failure to use legitimate means to get
O garrison prisoner before summary
court; and, second, that he cruelty abused
and Ill 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 law, I"
he continued, ''and that general use
of arbitrary power or punishment with.
bandment as an organization, not re-
strained by law and in opposition to the
spirit of our free institutions.
Between officers who exercise power
in the manner the accused did and the
enlisted men who are liable to become
there there can be no other action 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 in executing his order,
to have Private Hammond brought before
the summary court would necessarily SO
result. There would then be no necessity
for military tribunals and judge adyo-
Gates, for our system of discipline would
be revival Of those in vogue before the
Civil War on the plantations of the South
where the wish of the master to the obe-
dience and submission of his slave in
all lawful things was perfect and the
power bound TO the master to inflict any
punishment on his slave not affecting
life or limb, which he considered neces-
sary to enforcing obedience.
sOOls 1luHU6E UCIt uOt6tl HUH 66YGT6l
cases showing that power of officers
aboard ships was limited to such reason
able force as was necessary to carry ont
the command.
''For if you establish the fact that an
officer may with impunity order any pun
lshment he chooses to be inflicted on
soldier" said Col Hunter, ''you reduce
enlistment to condition of servitude
That is what is meant by the false doc-
trina nf hainG TnaatarfI11 RJf 1T q hc
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 oonsid-
cred, appropriate to the condition of our
servicess.and a strict observance of their
principles would go far to prevent catas-
trophies like the one we have investigated
"That Hammond should have been
produced in court. / do not deny. but that
his disobedience and stubborness justi-
fed his being roped and dragged there
and in this prostrate, helpless condition,
kicked and prodded, with the sword I
do most emphatioally deny. The posit-
ion in which the accused was placed by
the disobedience of Hammond does not
appear to have been a perilously trying
one, for he had about him in the garrison
soldiers who were able to lift Hammond
and carry him to court. The conjecture
does not appear to have been so extraordi-
nary as to justify military officer either
making mistake Of Judgment or losing
his temper. The law military makes no
allowance for the infrmities of human
temper. 1t perceives that loss by sold
iers of self control is loss of power to
command respect No circumstances of
irritation will justify soldier in break.
Ing from the established rules of disci-
pline.
In concluding, Col. Hunter said: ''In
this trial l think there is something
more than serious accusation involved.
think that the reputation of army Off
GERS for good Judgment for comman nd of
SELF for justification is all on trial here.
This is time of trial to our order and
to our tribunals. Things which the ac-
cused has done tyranical1y ought to ap-
pear to you who have heard Just as bit
ter and scandalous as they did to him
who felt them. The finding delivered
by this court will live long after the taps
have sounded over the graves of the men
composing this court. -
The verdict was agreed upon at a short
secret session of the court held today. 1t
is the general opinion that Captain Low
ering will meet with nothing worse than
@ reprlmand, The finding is always a
secret one, being forwarded to the com
manding officer of the department.. From
Gen. Brooke it will ne sent to Washington
where it is discretionary with the mill
tary authorities to give it cut for publi-
cation.