The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1897-11-26

Power That Is Not Upheld by Mill
tary Law-Army Omcers' Reputation
For Humanity on Trial.
Chicago, Nov. 26.-1n the Lowering
court martial case at Fort Sheridan
Lieutenant Colonel j. A. Hunter, Of
Fort Smelling, the department Of Da-
kota, acting as Judge advocate, severe
ly arraigned Captain Lowering for his
treatment of Private Charlcs Ham
mond. when the testimony was all in
and Attorney Blair had addressed the
cou in defense of Captain Coverings
action, Judge 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 legitimate
means to get a 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
hat Lowering, as officer Of the day,
kicked Hammond, prodded him with
his sword and cursed him.
Gentlemen, 1 submit hat in our
military community anything in the
nature Of punishment should conform
to law" he continued, land that a gem
eral use of arbitrary power or punish
ment without trial is calculated to
hasten u disarmament as an organi-
cation not restrained by law and in
opposition to the spirit of our free in
situations.
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 mas
ter 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 be
fore the summary court would neces-
sarily result in our officers owning the
enlisted men. There would then be little
necessity for military tribunals and
Judge advocates, 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 law
full things was perfect, and the power
belonged to the master to infict any
punishment on his slave, not affecting
life or limb, which he might consider
necessary for the purpose of enforcing
obedience"
IF you establish the fact that an Off
Ger may with impunity order any pun
ishment he pleases to be inflicted on d
soldier" said Colonel Hunter, you re-
duce 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 I II
master. There are rules published OF
the guidance of those who may I'M
mand, as well as those who may yrve,
"That Hammond should have been
produced in court l do not deny, but
that his di%sobedience and stubbornness
justified his being roped and dragged
there, and In his PROSTATE, helpless
condition kicked and prodded with the
sword, I do most emphatically deny.
1.-THE position in which the accused
was placed by the d-isobedience of Ham
mond does not appear to have been a
perilously trying one, for he had about
him in the guard soldiers who were able
to lift Hammond and carry him tC
court. The conjunction does not APP
pear to have been so extraordinary as
to Justify a military officer either
making a mistake Of judgment or los.
ing his temper.
I'm this trial I think there Is some
thing more tina a serious accusation
involved. I think the reputation Of
army officers for good judgment, fol
command Of self, for humanity anC
justification is all on trial here. TIL.
things which the accused has dom
t~yrannically ought to appear to yol
who have heard just as bitter ant
scandalous as they did to him who fei
thea The finding delivered by thi
court will live long arte, taas have beef
sounded over the graves or the mel
composing this court"
The verdict in the court martial hal
been forwarded to the secretary Of war
1t is the general opinion that Captain
Lowering will meet with nothing worse
than a reprimand, The finding is al.
ways a secret one, being forwarded t
the commanding officer of the depart.
ment, From General Brooke it wa.
sent to Washington, where it is discre.
tionary with the military authorities t.
give 1t out for publication,
sehold Necessity
n---A-H-- - ~