The daily morning journal and courier., 1897-11-26
CAPT.L0VERING ARRAIGNED
COLONEL RUNTER SAYS PRIVATE HAMMOND VAS CRUELLY AB USED.
If the Fact be Established That an Officer May With Impunity Order Any Punish ment He PIeases on q Soldier, Enlist Inent is Reduced to a Condition of Servt- tude Says Judge-Advocate.

tude Says Judge-Advocate.
 Chicago, Nov. 25.-In the Lowering court martial case at Fort Sheridan, Lieutenant- Colonel J. A. Hunter, of Fort Smelling, the department of Dako- ta, acting as judge advocate, severely arraigned Captain Lowering for his treatment of Private Charles Ham, mond. When the testimony was all in and Attorney Blair had addressed the court in defense of Captain Loverings action, Advocate Hunter arose.
 After speaking of the importance of the case he took up the specifications of the charge, saying that Lowering was first accused of the failure to use le- gitimate means to get a garrison pris- oner before summary court; and, sec- ond, that he cruelty abused and ill., treated said prisoner. He reviewed the general evidence against Lowering. say ing that the testimony showed beyond doubt that Lowering, as officer Of the day, kicked Hammond, prodded him with his sword and cursed him.
 Gentlemen, I submit that in our military community anything in the nature of punishment should conform to law" he continued, "and that gene ral use of arbitrary power or punish ment without trial is calculated to hasten our disbandment as an organi- zation not restrained by law and in op- position to the spirit of our free institu- tions."
 Colonel Hunter here compared the treatment accorded Hammond with that of the slaves of the south, and then |. continued: "If you establish the fact that an officer may with impunity order any punishment he pleases to be in- ficted on soldier you reduce enlist ment to 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 1 those who may command as well as | those who may serve. These rules are | well considered appropriate to the con- dition of our service, and a strict ob- servance of their principles would go far to prevent catastrophes like the one we have investigated"
 | In concluding, Colonel Hunter said: "In this trial I think there is something more than serious accusation inyolv- ed I think the reputation of army off, cers for good judgment, for command of self, for humanity and justification | is all on trial here. This is time of peril to our order and to our tribunals. I think the things which the accused has done tyranically ought to appear to you who have heard them just as bitter and scandalous as they did to him who felt them. The finding deliver ed by this court will live long after taps have been sounded over the graves of the men composing this court"
 Chicago, Nov. 25.-The verdict in the Lowering court-martial was agreed up- on at a short secret session of the court
 held to-day. It is the general opinion that Captain Lowering will meet with
 nothing worse than reprimand. The
 finding is always a secret one, being forwarded to the commanding officer of the department. From General Brooke
 it will be sent to Washington, where 1t
 is discretionary with the military au- thorities to give it out for publication.