Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-10-13

buke court that may have been thought
to have erred on the side Of leniency.
without fndulging in comments upon the
fitness OF members-of C court to hold
subjected to without al opportunity to
reply. 1t has been legally and very
properly declared that q court-martial is
to be left independent as to matters
legally or properlyIwitf,tn its own discre-
ton How can this Independence be
maintained If members of courts-martial
are to be warned IN erect that they will
be subjected to personal abuse If they do
not register the opinions of the review
Ing officer? Is 1t mot better that exact
justice should faf1 in a particular in
stance than that the Independence of our
courts martial should pc brought in
jeopardy, and the entire service subject
ed to the possibility OF Incorporate abuse
because of an honest. discharge of a
sworn duty?'
A Heavier Penalty Justified.
Although there is wide difference of
opinion as to the justice of Admiral Evans
comments on the action of the court, the
feeling is almost general in military cir
cles that the circumstances Of the case
called for the fnfliction of a heavier penalty
than that imposed by the court 1t is un-
derstood that Secretary Moody personally
holds that view, and that he will sustain
Admiral Evans to that extent. While he
cannot alter or amend the sentence in the
case of Paymaster Nicholson, it is clearly
within the Secretary's authority to COM
ment upon the propriety of the language
used. by Admiral Evans in expressing his
disapproval of the action of the court. and
If so disposed he could make it the subject
of an investigation by naval board of
competent Jurisdiction. 1t is believed, how
ever, that his action will be confined to an
expression of his personal views on the
points raised by Paymaster Bscoe as to
the propriety of the language used by the
will be taken by the department. except in
the unlooked-for event that either Admiral
Evans or Paymaster Biscoe asks FOR a
court of inquiry to pass upon his conduct
in the matter in order to protect his rec
ord.
1t is known that when the Nicholson case
was first brought to his attention Secret Try
Moody was strongly inclined to indorse the
action of Admiral Evans, but it is possible
that the strong objections since raised by
PaymaSter Biscoe and his friends may
have caused him to modify in some re-
SpectS his original judgment of the case,
especially in view of the representations that
unqualified Endorsement of the remarks
of Admiral Evans would have a demoraliz-
ing effect on the naval personnel. Secre-
tary Moody realizes that he has a difficult
problem on hand, and he has decided to
consider it thoroughly in all it's aspects be-
fore committing himself to official action.
He has taken up the case personally, ard it
may be several days before he IS prepared
to announce his conclusions.
Paymaster Biscoe is Washingtonian, the
son Of Major II. l.. Biscoe. a well-known
and influential citizen of the District, and
there is much local sympathy for him,
based on the belief that a savage sweeping
personal attack upon his honor and lnteg-
rty cannot find justification in fact and is
extra-judicial and objectionable when made
part of a reviewing officers comment upon
an officers judicial Judgment in single
court-martial proceeding.