New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-03
TRIAL by COURT-MARTIAL.
THE PRINCIPLES THAT GOVERN 1T IN
THE UNITED STATES ARMY.

The recent trial in New-YCrk by court-mar'ial
Of CAPTAIN Obcr!il NJ. Carter. Of the Engineer
Corps of the United states Army, causo cd much
comment ,rA some writer's criticised the meth
DDS employed by the military tribunal. An Army
officer who has had many years experience IN
the Judge Advocates Department. and VINO Is
a lawyer and a member Of the bar. said:
"Only a small branch OF the Carter cas-" has
been heard In this city TO appreciate 'he
bearing of the testimony sought to be eHci'eu
4, l. rocoesorv 10 have n knowledge OF the volu
nnous accusations against the officer on trial
Those accusations were strictly under tho Art-
clos Of War and their trial involves the iavcst-
cation of business transactions with which any
officer Of an average length Of servlc" has be-
come thoroughly familiar in the discharge or
the duties Of n contracting and disDurSInE
officer one Of the critics says that in times OF
war cOurts-mar;ial mete out summary ana
exemplary punishment and thu; in these par
ticulars no substantial objection appears 10
exist against them. but that when these courts
are called upon to try matters involving husi-
ness transa ctions or crimes they lack ;Ae neces-
sary knowledge OF law.
"Cou-ts-rnariial never rnete ou' summary
punishment. Every accused has right TO op'ect
for cause 70 any OF the members Of the court
before which re Is brought l'i 'i'A' '@'''' 49,
d,cr arraiGned before n cour, martial is entitled
10 demand tina, counsel b" furnished him. lie
has the same right to a free and full defence
as a person tried before a civi! court. ana N"
findings Of the court in his cas-" are subjected
70 the utmost scrutiny OF an officer skilled in
the practice Of law.
THE OBSERVATION-DISCLOSURES
Gases ~ dismissal Of officers are strictly re
viewed in TIE Office ~ Judge-Ad ai"-Gen"rai
Of the Army who Is the adviser u III" President
in such cases This officer susta;ns TO IN" war
Department ne same relation as the different
Assistant Attorncys-Goneral sustain t" TIE
Department to which they are attached for duty
He is ar educated lawyer and member % Inc
bar Of the Supreme Court Tho multi'udinous
oIestions If Jaw which arise in the adn'.niS;ra-
ticn Of tie War Department: are referred to him.
AS TO the variety ~ the questions dealt with
by him and the soundness Of his opinion It Is
only necessary TO consult the i-;-':ts o: the
Court Of Claims aad of tie Supreme Court Of
the United states
"The Judge Advocate General Is assisted ny a
corps Of judge Advocates VIII" are trained IN
the law are members OF tho lar. and who ap-
pear in the civil courts of the states or If the
United States in cases anoc,lr, the personnel
or the Army or Questions rclatl''S - tN' aHi'llt!
is,ration Of the War Department:
zone of thoao officers is conducting the trial %
the case If Captain Carter. lie was In the prar-
tice OF law before his entry into the service,
end has had . varied and fall exp rioncc dur
Ing the last thirty three years.
at is q grave error TO assert that officers OF
the Army arc ignorant Of criminal law or the
rules OF evidence. and no one can justly accuse
them of having been found wanting in . knowl-
edge Of the business methods pertaining 80 ~"
administration Of tho affairs of the Army. only
one Of the officers Of the Carter Cour. has been
in service less than thirty years. and h. has
had thorough business training. and like tho
other members Of the court has had full and
ample experience in such questions of admin
istraton are undergoing investigate: before
the Carter court.
1.-THE president Of this court studied law un-
der the late Roscoe ConklinE. was graduated at
the Harvard Law School. and is considered one
Of the best lawyers in the Army to-day.
For years past there has been A course Of
law taught at the Military Academy. at the
Post Graduate School at Ieavcnworth. and in
every lyceum throughout tho Army. a course
sufficiently compr' hcnsive to enable any officer
to deal intelligently with the questions arising
before military courts"
GENERAL AND SUMMARY COURTS
Colonel j. W. Clous Of the Judge Advocates
Department. said:
"Justicc is administered in the Army under
the provisions Of the Articles Of War, by courts
martial and the jurisdiction over officers is. with
some minor exec pticns principally divided be-
tween the general court martial and the sum