Evening star., 1898-12-30
DISAPPROVED THESENTENCE
Secretary Longs Action on the Hansoom
Court Martial.
Indorses the RecOmme ndatiOn of the
Judge Advocate General of the
Navy, Capt. LemIy.

Secretary Long has disapproved of the
sentence in the Hanscom court-martial on
the ground that it is not punitory.
Naval Constructor John F. Hanscom was
tried by court-martial a number of
charges growing out of frauds alleged to
have been perpetrated by subordinates un-
der him at the League Island navy yard,
Philadelphia. He is acquitted of all the
charges except that of violating naval reg
ulations in failing for more than month
after discovery to notify the Secretary of
the irregularities alleged
For this offense the court-martial SEN
fenced MIN to six months suspension on
waiting orders pay. This the Secretary dis
approves as not being punishment In
announcing his decision upon the findings
Oh lhe ccurt-martial, the Secretary saws:
The secretary's Action.
NAVY DEPARTMENT..
Washington, December 20. 1S9S
In the foregoing case of Naval Con-
structor John F. Hanscom U. S. navy. the
department approves the finding of mot
su1lty' on the first and fourth charges
which involve fraudu,en conduct On tho
part OF the accused, it being evident that
@ .aese chaTses are not sustained. Mr. Hans
IN 49, .LereIore, entitled to full eXoner-
atlon IN TINS respect, and his character for
honesty and integrity, to the excellence of
whlcn much testimony was adduced at the
nearing from officers of high rank. stands
unlmpeached by the proceeding
1t is however, plain that there was an
ihexcusable and unexplained violation of
the navy regulations, as. indeed, admitted
ny tne accused, in not reporting for two
months to his superior officer and thereby
ieaVing the department in ignorance during
mat period as to the Irregularities in his
department by which the government had
peen defrauded of large amounts of money
IL is also plain that these irregularities had
peen gong on for a considerable e period be-
lore the accused, on the I'd of July lSJS
became aware of them. The department is
not satisfied from the evidence that he was
under such stress of work a. to necessitate
excessive office hours: or if he had been
that there was any sufficient reason for his
Lot looking after the ordinary details of his
duty, among which was ascertaining the
correctness of vouchers upon which he
passed.
1T further appears that the irregulari-
tleS which for some months had been es-
Gaping attention were discovered Nv an
assistant who took his place during his
absence, and that with the diligent and
careful attention to duty, which is neces-
sary on the part of every officer and which
when lacking is proper subject of rebuke
ne should have easily made the same dis
coVery. 1t is impossible, therefore. to cs-
cape the conviction that the accused was
d
a proper regard for the interests of the
government requires that these should not
go unnotced. To do otherwise is simply
to encourage officials to be careless in their
official work and to rely on their good repu-
tation for exemption from responsibility for
the damage which thereby may inure to
the public service.
The department therefore approves of
the finding not guilty of the court upon
the second charge. only on the presumption
that the court must. though unWarrant-
ably have regarded the charge of 'culpa-
BILE inefficiency' as implying an element of
fraudulent intent.
The department approves of the finding
of guilty on the third charge, violation of
naval regulations in not reporting irregu
larfties; but, in accordance with the
ommendation of the judge advocate gen
eral. and on the grounds stated by him,
disapproves of the sentence as not punt
tory. Naval Constructor Hanscom will be
released from arrest and restored to duty"
Remarks of Judge Advocate General
Lemly.
Capt Lemly the Judge advocate general
of the navy recommended the disapproval
of the findings of the court-martial on the
second charge be disapproved and that the
sentence be disapproved. In reviewing the
findings of the court-martial Capt. Lemly
stated that to the first charge against
Constructor Hanscom, that of causing to
be prepared and approved a false and
fraudulent voucher" he is unwilling to diff
fer with the court in the conclusion that
Hanscom had no guilty knowledge of the
action, and therefore he recommended aD-
proval of the finding of mot guilty of
this charge
AS to the finding of mot guilty" upon the
second charge-that of culpabla inefticiency
in performance of duty-Capt. Lemly ex-
pressed the opinion that the findings of the
court are not sustained by the evidence
adduced, and he recomm ended that the
findings be disapproved He presented his
reasons forcefully for the conclusion that
the court should not have found mot
guilty.
1T is unconscionahle,' he declared, after
citing the testimony in the case, that lr-
reeularities of this character should go on
under an officer charged by the navy regu-
lations with supervising duties and sucn
officer be permitted to shut his eyes and
plead that he did not see or hear what was
going | deem it important that the
department should enunciate the principle
that men placed in such positions should
be held to their responsibility"
Therefore h. recommended the disap-
pioval of the findings of mot proved'' as to
specification and not guilty. as to this
charge
The third charge. that of violation of
lawful regulations issued by the Secretary
OF tn Navy in not reporting the irrea1i-
iafltles discovered, of which the court-mar
llal round Hanscom guilty" the judge ati-
Nt,cate general recommended approval
IN recommending disapproval of the sem
tehce OF the court of six months on wait
lnS orders pay the judge advocate general
said, in part: eei4si ai
II seems to me that when an offepsa
,ia9 peen FOUND by a general court-martial
~ nave been committed there is an element
oI apsurdity in the imposition of a sen,
i amounting TO a grant of six months
,tae Oh absence on waiting orders pay,
hIs "ntctl, IN all probability, would not
nave cen granted had il been asl,sd m lto, -
favor. - ''ei "she" as d
such sentence involves the perform-
@ @alIcr ol extra work by other officers in a
pusy corps already small" All q
lie therefore recommended that "tbe SON.
tence be set aside" '"e 9ei-