Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-07
STEWARD EDDS' CASE
Accepted Commissions From
Contracts at Newport.
PLEA OF THE DEFENSE
IT WAS CLAIMED THAT he MERE
LIZ FOLLOWED THE CUSTOM.
Record Of Court-Martial Approved by
Acting Secretary Darling-Judge
Advocate Generals Review.
PLEA OF THE DEFENSE

Acting Secretary Darling has approved
the record of the court-martial in the case
Of Chief Commissary Steward George II.
Edds. Edds was convicted of the charge
| Of scandalous conduct tending to the de-
struction Of good morals and was sentenced
to be reduced to the lowest grade in his
corps, to be imprisoned for one year and
to be dishonorably dismissed from the navy.
According to the review of the case pre-
pared by Judge Advocate General Lemly,
the record shows that during the past two
years the accused has regularly taken a
commission of one cent pound on all cot
fee furnished for the use of the naval APP
prentices' mess at Newport and likewise a
commission of three per cent upon bakers
supplies.
Review Of the Case.
"Official reports before the department,
says the Judge advocate general, indicate
that this practice has continued for several
years-perhaps for fifteen years; that is,
substantially during the entire period OF
Edds' service as commissary steward. The
specifications were laid to cover the past
two years only, in view Of the statutes OF
limitation. The record discloses no sub
stantial defense. The direct and positive
evidence adduced for the prosecution stands
uncontradicted except in one particular, the
exception referred to being the admission
by the court of the testimony of witness
that member of the firm in question had
told him that the firm had paid no COM
missions to Edds. This evidence was OBJ
jected to by the judge advocate, very prop
erly, upon the ground that it was hearsay.
Its admission by the court, however, does
not constitute material error, since In so
far as it had weight 1t was in favor of the
accused.
The Custom at Newport.
aside from this. the defense undertook
to show, first, previous good character on
the part of the accused, and second. a
custom at Newport sanctioning the pay
ment of commissions to coachmen, buffers
and others making purchases in behalf Of
wealthy summer residents of that city. With
respect to the latter point the judge advo-
cate in summing up the evidence, properly
remarked:
The defense has claimed that it is the
practice and universal custom in Newport
to give commissions to agents on sales to
principals. The prosecution has not en-
deavored to refute this contention. and does
not desire to refute it. Indeed, it would be
willing to accept such contention as being
true if it were not irrelevant to this case.
1t would be of use only to show the lack Of
business integrity and moral responsibility
existing in the city of Newport. 1t would
not justify or excuse the accused in any
way. He must be judged by the standards
of the service of which he is a part, and
not by the business standards of the city
of Newport
A Dangerous Practice.
This case presents marked example of
one of the most fnsidious and dangerous
practices to which the public service is sub
ject an evil, all knowledge of which
usually rests with the perpetrators, and
which is, therefore, alike difficult to dis
cover and to establish before court when
discovered; it is an oriental custom, the
tendency of which is to sap the founda-
lions of officials morals, and which should
never be permitted to find lodgment in any
branch of our national service. When a
clear case, such as the foregoing, is pre-
scented. it seems. therefore, advisable that
1T should be so dealt with as to leave no
doubt respecting the attitude Of the depart
ment in the matter.
Appended to the records are copies of
numerous letters speaking in commenda
tory terms Of the accused, a large proper
ton of them placing special emphasis upon
his integrity, fidelity and trustworthiness,
and the members of the court unanimously
join in the following recommendation:
" In view of the long and faithful SER
vice Of the accused in and in connection
with the naval service and of his unblem-
ished record, with the exception of the
charge upon which he has been tried be-
fore this court, as shown by the defense,
we recommend the accused to the Glenn
ency of the revising authority.
Value of Commendatory Letters.
"Commendatory letters, particularly when
setting forth long and faithful service, are
entitled to consideration where the offense
is what may be termed a military one, or
in case Of a lapse Of the characterize
drunkenness, for example-but such let
tiers do not, in my opinion, have much
weight in case where the evidence es-
tablishes beyond the shadow of doubt
transactions tainted with fraud and ex-
tending over the full period of time that
the courts inquiries may cover without
going beyond the bar of the statute of
limitations. With respect to the recon-
mendation to clemency, it is noted that
while the court had before it and could
properly deal with evidence relating to
the past two years only the department.
as the reviewing authority, may fairly take
into account the fact that the same wit
Hesses whose testimony was heard at the
trial told the special agent of the Treasury
Department who investigated the case pre-
liminarily, that the pernicious practices I'M
der inquiry had covered about fifteen
years, almost the entire period of service
of the accused as commiSSary steward at
to have exercised clemency in the sentence
imposed, which is mild one for an Of
Tense of this nature.
Boston Naval Prison Designated.
For these reasons, and believing that
the practice of accepting money from con-
tractors should never be tolerated in the
naval service, have the honor to recon-
mend that subject to the foregoing re-
marks, the proceedings, findings and SEN
tence in this case be approved. and that
the naval prison at Boston be designated
as the place for the execution of so much
of the sentence as relates to confinement"
RAISING RADISHES.