The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-09-21
Scathing Reproof to Officers
Who Passed Light Sen
tence on Paymaster Con-
victed of Scandalous Con-
duct.
ADMIRAL EVANS SAYS
THEY IGNORED OATH
Disapproves the Sentence,
Which Was $50 Totally
Different From That
Which They Knew Should
Be Given"

Probably the most severe castigation |
ever inflicted upon the members of a |
general court-martial in the navy, on the
ground of inadequate punishment of the
officer under trial. was administered re-
Gently in the Philippines by Rear Ad-
miral Fighting Bob" Evans 1t was in
the case of Assistant Paymaster Rish-
worth Nicholson. who was tried and con-
victed on charges of drunkenness" and
"scandalous conduct tending to the de-
struction of good morals the complete
record of which reached the Navy De-
partment this morning in the mails from
Manila.
II was alleged that. while on shore at
Chefoo. China, Nicholson became intoxi-
Gated and assaulted an elderly civilian.
The sentence Of the court was that
Nicholson be reduced five numbers in his
grade. Rear Admiral Evans. in review
ing the case. says the evidence was of
such character the sentence should
have been nothing less than dismissal
from the navy. Three officers of the
court recommended clemency.
Proved Their UnworthinesS.
These three officers" says Admiral
Evans. mentioning their names-Lieu-
tenant Williams. Paymasters Biscoe and
Nenable-"have proved to the converting
authority and to the feet their unworthi-
ness hereafter to act as members Of a
court, and not again will they be placed
in a position of passing judgment upon
ing the honor and dignity Of the naval
service
Never before within the knowledge
of the converting authority. and, doubt
less, not within the memory of any
officer of the service has such a travesty
of justice been committed as was done
+ by the court in the case of Assistant
Paysnaster Nicholson, and it is with the
sincerest regret that this general court
martial order must 20 before the SER
vice promuIgating such a trial. and the
fact that Il was possible TO convene
court, composed Of officers sworn TO
try, without prejudice or partiality. ae-
cording to the evidence before it, the
laws for the government of the navy
and their consciences. a case to award
sentence adequate to the offenses, of
which the accused should be found
guilty and then so completely TO lay
aside the obligation of that oath and
award a sentence so totally different
from that which they knew should be
given.
Calls Up Blush of Shame.
ut is sufficient to make their brother
officers blush with shame, to realize
that there exist among the commits
stoned officers of the navy at least
foul-for that was the smallest number
required by law to have arrived at the
findings and sentence in this case-who
have so little interest in maintaining
the honor. dignity. and discipline of
the service. and so small an idea of
the binding quality of the oath which
they took as members OF the court.
THE converting authority deeply re-
grets that the names of those officers
who succeeded in making the court
award this ridiculous sentence must re-
main unknown. and IL Is unfortunate,
indeed. that the remaining members of
the court. who acted in accordance with
the dictates OF their consciences. and of
the oath they had taken, could not be
separated from those whose action in
this case has tended much 20 bring dis
grace upon the naval service"
On a third charge of "falsehood." the
court found Nicholson not guilty. The
charge Of falsehood was based on a
communication in which Nicholson de-
MED that, he assaulted the civilian. The
witnesses. however. clearly deaIon-
strated the fact Of the assault
Proof of Falsehood.
The fact" says the central. that
Mr.. Nicholson had committed a false
hood was therefore established beyond
a scintiIla of doubt, and the com
munication referred to was before the
court. a silent but ineontrovertible
proof Of the falsehood."
In concluding his review. Admiral
Evans says. 1T is better. by far, that
this sentence should be disappoved. or
set aside altogether, than TO nave 81 20
forth even in part and thus appear as
having received, even partially, the
sanction Of any officer who has me
honor and welfare Of the navy in his
heart. and the sentence Is. therefore.
entirely disapproved. as being totally
inadequate and insufficient for the char
acter OF the onenses % which the &C
cused was guilty. and in order shat it
shall not serve as a precedent in fu-
ture instances"
The members OF the court who were
thus so unprecedentedly rebuked were:
Capt. UreI Sebree L. s. y. president;
Commander william A. MARSHALL Lieut.
Commander Arthur W. Dodd, Lieut..
Commander Thomas w. Kinkaid: Lieut.
Philip Williams. Paymaster Harry f.
Briscoe, Passed Assistant Paymastsr
George r. venable, L. s. ". and Lieut..
John T. Tompkins. u. S. N. judge adj
voeate.
Nicholson IS native OF California and
entered the service two years ago.