New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-22
COURT MARTIAL REBUKED.
Sharp Language Used by Admiral Evans in
Disappearing Findings
IrRow TIE TRIBUNE BrEEAU.l


washington. Sept. 21.-severe criticism %
naval court martial received at the Navy De-
partrneut this morning from Manila. Rear Ad-
rniral Fighting Bob" Evans is the author Of the
rebuke and the findings Of the court martial are
disapproved by him on the ground OF inadequate
punishment The case IS that OF Assistant Pay
master Rishworth Nicholson, who was tried and
convicted on charges Of drunkenness and scan
dalous conduct tending 10 the destruction Of good
morals" Il was alleged n the findings that while
on shore a. Chee-Fco. China. Nicholson became in
toxicated and assaulted elderly civilian The
sentence Of The court that Nicholson be re-
duced FIVE numbers in his grade Rear Admiral
Evans in reviewing the case. says that the evil
Cel-e was Of such character that the sentence
should have been nothing less than dismissal
from the navy. Three officers of the court recon-
nerded clemency. These three officers says
Admiral Evans mentioning their names. 'Lieuten-
ant Williams. Paymasters Biscoe and Nenable,
have proved 70 the convening authority and TO the
feet their unwCrthiness % hereafter act as mem
hers Il court martial. and not again will they
be placed In a position Of passing Judgment on
other persons or guarding and maintaining the
honor and dignity az the naval service. Never be
fore in the knowledge OF the converting authority
end doubtless never within the memory Of any
Officer Of the service has such a travesty OF JUS
tice been committed was done by the court in
TIE case Of Assistant Paynaster Nicholson, and
u IS with the sncerest regret that this general court
martial order must 20 before the service promul
eating such TRIAL and the fact that il was possible
10 convene a court. composed OF officers sworn 70
Try without prejudice or partially. according 10 the
evidence before st.. and the laws for the govern
mcnt Of the navy and their oonscences, ascase, to
award sentence adea Iate 20 the offences Of which
the accused should Re found guilty. and then so
couplerelv 10 lay aside their obligations Of that
oath and award sentence SO totally different from
that which they knew should be given. i is sufi-
,ient 10 make their brother officers blush with
shame 70 realize that there exists among the COM
miseio-ed officers ~ the navy at least four. for
that was the smallest number required by law to
- Wf1 have ras So fi--ie interest in maintain
inc the honor. dignity and discipline Of the ser
vice. and small a. icea Of the binding quality
II the oaty which they took members Of the
on a third charge. % "falsehood" the court found
Nicholson not guilty. The charge Of falsehood
denied that Dc had assaulted the civilian The
witnesses. however. clearly demonstrated the fact
90 assault The fact saws the admiral that
NJ Nicholson had committed a falsehood es-
communication referred 10 before the court 2
silent but incontrovertbIe proof of the falsehoOd-
In conc. udInE his review Admiral Evans says:
81. better FAR thai his sentence should be
6isa-proved set aside altogether than have
81 90 forth IN part ard tnus appear hav-
ing received. even partially. The sanction 90 any
officer who has The honor and welfare ot the navy
his heart ar1 the sentence Is therefore entirely
dieapuroved being totally inadequate and IN
Fuf!cieut tho character OF the offences OF which
the accused Was guilty. and in order tnat Il shall
The members ~ the court which was thus re-
huked Captain T'rfol Sebree. president. Com
rnauGer William a Marshall. Lieutenant Comman-
Ger arthur ". DoGo. Lieutenant Commander
Thomas ". Kinkaid. Lieutenant Philip Williams.
pa master Harry 1. BTlscoc and Passed Assistant
payuaster George r. NeUah.e With Lieutenant
John -- TCrlpkins judge advocate. Nicholson Is
native - California and entered the navy two
.