The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-15
THE UNITED STATES ARMY.

ted Men Have to Decide Most In
trfcate Points of lava Lawyers
View.
From the New York Evening Post
The court martial which has recently
been trying Capt o. NJ. Carter of the
army has called again into view the ineffi-
cheney of these bodies In attempting TO
deal with questions other than matters of
military discipline.
With questions of purely military 2har-
acter they doubtless represent the best
method of maintaining the discipline of
the army. In times of war they mete cut
summary and exemplary punishment for
INSTRUMENTATION and the other phases OF
wrong-doing which Interfere with the
fighting efficiency of the army In this
field there seems to be no substantial OBJ
lection to them, because of the necessities
of the case. When, however, they at
tempt to try questions of purely business
or criminal, as distinguished from military,
character, they enter the domain already
occupied by the constitutional courts of
justice, and necessarily must be compared
with them. These courts martial are not
strictly judicial bodies, and no direct op-
peal can be taken from their decision 10 a
court of law, even though the proceedings
are improper. The President alone, or for
him the Secretary of War, can review the
findings.
On purely military question there Is lit
tie danger that their conclusions will be IN
correct; but in other matters, involving
business transactions or crimes, these
bodies of soldiers none of them versed in
the intricacies of commercial or criminal
law, will, in the nature of things, be like
ly to make mistakes. If courts of justice,
with trained judges, so frequently make
mistakes, what can be expected of noVlces
unused to business questions unfamiliar
with questions of law, but trained only 30
| command or obey?
A court martial is usually composed OF
| persons equal or superior in rank to the
| accused One of their number presides
and is the official mouthpiece of the body,
and there is a prosecuting officer known
| as the judge advocate. The accused may
| have a friend to advise him; he cannot
| have counsel as of right, though that priv
| ilege is practically always accorded. Each
member of the court has voice in de-
claring the law in the case; yet if any one
of thean knows any law it is chance pure
and simple; nevertheless, to them are sub
mitted the most difficult ques-
| tons of law-for instance, whether this or
| that line of evidence offered has any legal
| connection with the charges against the
| accused. This body celebrates in pri-
| vate on these questions of law (of which
| they need know nothing), and may by a
| mistake irreparably injure the accused, de-
| prive him of his honorable name, and per-
| haps also send him to prison. Age rank,
knowledge or experience has no power in
determining the decision. There is no
guarantee that any member knows any,
| thing about the point under consideration,
| and the few officers who may thoroughly
| understand it may always be outvoted by
a less well-informed majority" Testimony
is thus introduced bringing matters before
the court which form no part of the charge
/ in question, but which, however irrelevant,
| may give strong color to the case, and
thereby prejudice the minds of the court,
diverting them from calm and unbiased
| consideration of the matter Immediately
before them.
For example, in the trial of a charge
against the accused B, we hear testimony
that indorsed DIS name on a check
drawn to DIS order, without even any as
sertion that was not authorized so TO
do or hear an expert assert that C
forged" DIS name merely because c SIM
ulated DIS handwriting, there being like
wise no evidence and not even the assur-
ance of the Judge Advocate that he has
evidence, to be introduced later, to show
that C was not authorized to sign DIS
name But what has this to do with ;?
Is he to bear Cs sins, even though 1T
should be shown that c has done wrong?
Such things in a civil court of justice
are unthinkable. Well did Gen. Mercier
explain to M Labor in the late lola trial,
military justice is not your justice" No
court of justice would tolerate from a law
yer the statement that the opposing side
is preventing him from introducing evil
dence which would send his clients an
tagonist TO the penitentiary, without re-
curing the production of the clearest evil
dence to establish such a fact. This Is
most serious and tends to prejudice the
defendant Yet a court martial has al
lowed this without such evidence and with
out rebuke!
The court may seek the Judge Advo-
Gates opinion on the point of law. He
may not know any more law than the
| court nevertheless his advice may be TAX
en-; yet he is legally responsible to rre-one
for his opinion 1t may be urged that the
court has only to follow the law If so
two difficulties arise; first, military law Is
not laid down, and, second, if 1t were
Adye's observation is in point: Although
the laws most justly may be SAID
to be founded in equity, it must be uni
versally allowed that they are not sc
plainly laid down but that man witt
the most equitable intentions may mad
; | VertentlY SWGTN6 from lHciH I<ApSAlChCs
has taught that all men, and, therefore
all officers, cannot instinctively determine
the general laws of evidence, and tina
, unfortunately all men are not possessed
of sufficient common sense, experience anC
sound Judgment to apply them properly
The rules of evidence are framed for tbs
discovery of the simple truth, unconnectet
with extraneous matter. If rules of evi
dence are laid down in civil cases before
| the common-law courts, when the matte
in question may be $40 or $50, 1t is mucf
more necessary TO keep them in view in I
court martial, where everything dear q
the person on trial is involved, not onl!
his property, but his character, his profes
sion and, perhaps, his life.
Furthermore, such courts have no powe
to compel others than military persons 4
testify The Judge Advocate, If he ha
a case, may not be able to prove it, and
worst of all, the accused, after beint
obliged, perhaps, TO have all manner o
/ irrelevant matter introduced against him
cannot compel the testimony of those civ
| ilians whose evidence would acquit him
The Judge Advocates duties require hin
, either to prepare or perfect the charges
ne must try the case and endeavor to con
.-io4 ,ha accused. he must advise the c0ur