The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-24
HAZING QUESTION UP AGAIN.
CADET PENDLETON. DISMISSED,
HAS APPEALED To CONGRESS.
says lie Didn't Haze Another Cadet.
Though lie Pleaded Guilty 10 DOING
so. on the Advice Of Counsel. whom lie
Didn't ould Be Reinst ated.

Didn't (hOOse-WOuld be heinstateH'
The general subject Of hazing and its
punishment at the United States Military
Academy at West Point H. To be brought
before Congress early in December,
through the Efforts of friends Of former
cadet Alexander G.. Pendleton, Jr., 81
+. Arizona to secure his reinstatement in the
Academy
Cadet Pendleton was dismissed on Aug
on the finding Of a court martial that he
was guilty Of hazing Cadet Calvert l.. Daven-
port. Ii now appears that he didn't haze
Davenport at all, and that the court found
him guilty on no evidence. but on his own
plea Of guilty, and that he was induced TO
make this plea by his counsel. whom he had
secured by Hobson's choice.
II is said by Pcndoton's friends that
instead of being dismissed on evidence Of
hazing he had no fair opportunity of de-
fence. Pendleton himself is SO convinced
hat the testimony before the court.nartial
will show to anybody that there was no
evidence of hazing that he has appended
transcript of the court record to the
statement in his own behalf which he has
prepared for submission to Congress
Pendet on belonged to the first or highest
class AT the Academy and Is not yet 20 years
old. Early in the evening of July 10 he
was detailed by his captain 10 visit the
tents of the new cadets. or fourth class
men, to see thar they cleaned their guns.
At Davenport's tent Pendleton found
Cadet Grafton and sent him back TO his
own tent 20 clean his gun. As Grafton went
out Davenport said: $50 long, Grafton, y
and at the same time failed TO stand at
attention as the regulations required in
Ia nf lot W n hnr
as an officer
Aside from his failure to stand at atten.
ton, Davenport also broke the rules by
addressing Grafton while Pendlcton was
speaking TO Grafton on duty. Pendleton
saws IN his statement:
ordered Cadet Davenport to stand AZ
attention and to draw, in his chin, In OF or
words to assume q soldierly position. Thus
academy The position which the cadet
sense than that it was the position OF a soldier.
His offensive conduct ansered me and caused
me 10 use the harsh language toward him
as accurately stated in the Specifications of
General orders No 20.
The language set forth in the general
orders was: Draw il This chin, In further,
II you don't / will punch II in" and also:
What do you mean by speaking 10 another
! cadet when ! am speaking To him? You
y will get your face smashed If you don't
look out"
The incident, passed without note until
, week or 40 later when board of Off
oers detailed by Col. Mills as a sort of in
vestigating committee called each new
cadet before the board and asked him If
he had been hazed in any way. Daven-
port told Of the Pendleton incident and
Pendleton was arrested, and was not al
lowed to communicate with his friends,
and was ordered before the court.nlarti al
on the charge that he had hazed Davenport,
He was allowed TO select one of a certain
-. - ) =, Al
for his counsel, and on the advice of his
counsel he pleaded guilty when my con-
science and understanding dictated to
me that ] was not guilty"
His counsel, he says, told him that II
made no difference whether he pleaded
F, guilty or not guilty, as the object of the
defence would be 10 show that there was
no intent to haze, the definition of hazing
making II not hazing if there was no in
tent, and that a plea of guilty would aid
him in that it would give him the oppor-
tunity TO make statement to the court.
In regard to the lanentable error of
my counsel, Pendleton says, IN advising
me to make what | declare to be an abeo-
that | believe II was due entirely To his
failure to appreciate the fact that a plea
OF guilty before general court-mart lai
obliges the o)urt TO find the charge proven
by plea
Pendletons friends assert that he should
have had the opportunity between the
=. finding Of the COURTS verdict and Its con-
firmation by the President 10 make some
endeavor To secure a modification Of the
courts sentence. Instead, however, they
say that he was kept under arrest and in
u ignoTance Of the o jurt : finding until the
record Of the trial had been sent to Wash
ington and approved by President Roose-
welt. This approval, they assert to have
been purely a formal one. without ex-
animation.
Pendleton stood high in his class and his
friends will ask Congress for legislation
restoring him TO the A ademy. They
will ask also, it is understood, for an amend
rnent Of the Law that appeal shall be
allowed hereafter in such cases a. Pendle-
tons, where an unusually severe sentence
follows such a procedure as that by which
he was dismissed from the service of the