The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-26

| Ing OIIlC6T u lIlt oCpStI lIleul. FROM
Gen. Brooke it will be sent to Washing
ton, where it is discretionary with the
military authorities to give it out for
| publication.
| CHICAGO, Nov. 25.-In the Lowering
court martial case at Fort Sheridan,
| Lieut. Col. ia. Hunter, of Fort Smell
| ing, the Department of Dakota, acting
as judge advocate, today severely ar
raigned Capt Lowering for his treat
ment of Private Hammond. When the
! testimony was all in and Attorney
Blair had addressed the court in de-
| Tense of Capt. Coverings action, the
| Judge advocate arose. After speaking
of the importance of the case, saying
that Lowering was first accused of a
| failure to use legitimate means to get a
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 tes-
timony 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
military community anything in the ma
| ture of punishment should conform to
law" he continued, land that a gen.
eral use of arbitrary power or punish
ment without trial is calculated to has
ten our disarmament as an organization
not restrained by law, and in opposi-
ton 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 general exercise in the
service of power and means such as the
evidence shows the accused to have en-
| ployed in executing his order to have
Private Hammond brought before the
summary court would necessarily re-
| suit in our officers owning the enlisted
men. There would then be little ne
cessity for military tribunals and judge
advocates, for our system of discipline
would be a 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 belonged to the
master to inflict any punishment on his
slave not affecting life or limb which
| he might consider necessary for the
purpose of enforcing obedience"
Col Hunter here quoted from several
cases, showing that the power of Off
GERS aboard ships was limited to such
reasonable force as was necessary to
| carry out their commands. For If you
establish the fact that an officer may
with impunity order any punishment
he pleases to be inflicted on soldier, -
said Col. Hunter, 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 published for the guidance of
those who may command, as we'll as
those who may serve. These rules are
we'll considered, appropriate to the con-
dition of our service, and strict OBJ
servance of their principles would go
far to prevent catastrophes like the
one we have investigated. That Ham
mond should have been produced in
court l do not deny, but that his dis
| obedience and stubbornness justified
his being roped and dragged there, and,
in his PROSTATE, helpless condition,
kicked and prodded with the sword /
do most emphatically deny.
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 VINO
| were able to lift Hammond and carry
| him to court. The cOnjuncture does
| not appear to have been so eXtraor-
| binary as tC justify a military officer
| either making a mistake OF judgment
| or losing his temper. The law military
| makes no allowance for the inhrmltles
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 a
Soldier in breaking from the establish
ed rules of discipline"
In concluding, Col. Hunter said: In
| this trial 1 think there is something
more than a serious accusation 1nvolV-
| ed. 1 think that the reputation Oh the
army officers for good judgment, for
command Of self, for humanity and
just consideration is on trial here. Thls
is a time of peril to your order ana to
your tribunals. I think the Things
which the accused has done tyrannc-
ally ought to appear to you who nave
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 taps have been soundeo
over the graves of the men composing
| the court"
NFKINLEY,S THANKSGIVING.