Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-11
GEN. CHAFFEE'S VIGILANCE,
Closely Scrutinizes Proceedings o
Courts Martial

General Chaffee. commanding the Depart
ment Of the East. Is making a record for
his close scrutiny Of the proceedings Of
courts-martial in the cases Of enlisted men
with a view to the strict enforcement of
military regulations and discipline. At the
same time he is careful to see that the men
are fully protected IN all their rights. There
are two cases in point which have just
been acted on.
Private Edward c. Despres. Troop H. 7th
Cavalry. was convicted by court-martial at
Chickamauga Park. Ca. of conduct to the
prejudice of good order and military dis
cipline and sentenced to confinement at
hard labor for twelve months and to for
felt $40 per month for the same period. In
reviewing the case. Gen. Chaffee says:
The accused was a member of the camp
guard returning from target practice to
the camp guard house. where he was due
at a certain time to be posted as sentinel
having been previously warned to this eff
feet by the corporal of the guard. He was
ordered by the acting first sergeant to do
certain work. but demurred. saying he was
on guard, but doing SO in an unsoldierly
way; whereupon. an officer. noting the in
cident. ordered the accused to perform the
work. which order was responded to by
him. again in an unsoldierly way.
THE accused was under orders from his
immediate superior. the corporal Of the
guard. and through him the officer of the
day. and the commanding officer; the inter-
ference with the accused under the circum-
1icted with his duty as member of the
guard. was not soldierly. and is not sane
toned by the department commander.
The manner of the accused. however,
was not subversive of good discipline and
for that he deserves punishment.
Subject to the foregoing remarks the
proceedings and findings are approved. The
sentence imposed is excessive. In view Of
the time the accused has been awaiting
trial. the confinement imposed is RENTED
and the forfeiture imposed Is reduced to
$40 per month for two months. AS midgat-
ed, the sentence is approved and will be
duly executed at the station of his troop
Another case is that Of Private Earl Bry-
an, Company H. 10th Infantry, who was
convicted by court-martial at Fort McPher-
son, Ga. of neglect of duty and sentenced
to forfeit to the United States $40 Of his
pay. Gen. Chaffee made the following COM
ment on the proceedings Of the court in this
case:
After careful examination of the testi-
mony, the reviewing authority is at loss
to understand how the court-martial arrived
at its finding of Not guilty to the first
specification He does not recall having
read better corroborative testimony in sup
port Of an allegation. That the accused
was the sentry at the time and place speci-
fed and in charge of the prisoners who
committed the offense Is conclusive. That
the transaction as charged took place was
established certainly to the satisfaction of
the court from its action in the trial of
the prisoners charged with the theft The
claim that the sentinel did not see the
transaction has no weight. It was his bust
ness to see: that is why he was posted over
the prisoners. and his failure to see all
that transpired Is no extenuation, on the
contrary. 1t but adds to the weight and
gravity Of his offense. On the showing
made the accused either saw and permitted
the transaction as is charged. or else he pur-
posely evaded seeing it. In either event the
neglect was a most serious one. Sentinels
either on post or in charge of working par
ties of prisoners cannot be too mindful of
their duty. which frequently seems to be
carelessly performed. The finding to the
first specification Is disapproved. The sem
tence imposed Is Inadequate. but in order
that the accused may suffer some punish
ment for his neglect Of duty. 1t Is approved,
and will be duly executed"