Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-07-01
THE CASE NOW CLOSED
SECRETARY MOODY'S STATEMENT
REGARDING PAYMAsTER BIsCoE.
Latter's Record Prior TO His Court.
Martial Was Excellent - Recon-
mendations to the President.

Just before his retirement from the Navy
De partment, Secretary Moody made the
following statement regarding the case Of
Paymaster Biscoe: y
Mr.. Biscoe was convicted by the court
martial of certain charges and specifca-
lions which, In substance and effect, were
that he had failed to use proper and reas-
enable care in the supervision of the is
suing of stores of provisions to the general
mess of his ship. The sentence OF the
court was that he lose fifteen numbers. lie
appealed to the Navy Department. The
judge advocate general, reviewing the pro-
ceedings, advised the Secretary that they
were in conformity to law and that the evil
dence justified the conviction. He said
further: I am of tie opinion that the SEN
tence may, without prejudice to the inter-
ests Of the service, be materially mitlgated,
and recommend that such action be taken.
1.-The Secretary reported to the President
that the verdict of guilty on two of the
specifications of one of the charges shouid
be set aside upon the ground that the mess
manual, the provisions OF which had no.
been observed by Mr.. Biscoe, was not
lawful regulation issued by the Secretary
of the Navy within the meaning OF the law,
hut that in other respects the evidence was
sufficient to sustain the CONVICTION.
The Secretary's Recommendation.
with regard to the sentence the Secre-
tary's recommendation was as follows:
"I have examined with care his pre-
vious record and find it to be excellent IN
every way. His reputation among the OF
ficers of the Asiatic fleet, from the COM
mander-in- chief down, was OF the pest
am of the opinion, in view OF his gooo rec
ord and of the fact that fhere was no evl-
dence or suspicion Of Intentional wrong
doing by the accused. that the ends of Jus
tice would be satisfied with a punishment
much less than that awarded by the court
and therefore respectfully submit rec
concentration that the punishment be con-
sidered with a view to Its mitigation
"'This brings me to consideration OF
the power which the President or the sec
rotary of the Navy has in the premises: IN
this case. the commander-in-chief of
fleet in foreign waters convened the court
and is its reviewing authority. by aruCie
SO of the articles for the government OF the
navy a sentence of a court lawfully con-
yened by the commander Of squadron
may be carried into execution on confrrna-
ton of the commander OF the neet or onlceT
ordering the court" The approval of the
Secretary of the Navy is, therefore, not
required in order to make the sentence OF
the court effective. He has no power over
the proceedings except as representative
of the President. 1t Is believed however,
and that belief has for many years been
carried into practice, that the President, OF
the Secretary of the Navy, acting by the
authority of the President may remit or
mitigate any punishment inflicted by a
court convened as this court has been con-
vened, o. set aside proceedings which upon
their face are irregular. 1t is, therefore,
my opinion that in this manner the Presi-
dent has jurisdiction to act in the case I'M
der consdera ion
The Presidents Action.
1.-THE President, acting upon the recon-
mendation of the Secretary and the judge
advocate general, has mitigated the PEN
atty imposed by the court, and directed that
the original recommendation Of the court
of inquiry be carried out and that Pay
master Biscoe be reprimanded for neglect
of duty. This has accordingly been done,
and the case is closed.s'