Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-14
OENOUNCES THE TRIAL
Paymaster Biscoe Appeals to
the Secretary.
ASKS FOR REVISION
COMPLAINS OF THE FINDINGS
AND THE SENTENCE,
Was Convicted by Court-Martial Of
Neglect sf Duty - Criticises At
titude Of Rear Admiral Evans.

secretary Moody has promised to give
full and fair consideration to the appeal of
Faymaster Henry E. Biscoe of the navy
nom the findings and sentence of the court
martial by which he was convicted of neg
lect OF duty and sentenced to lose fifteen
numbers. The grounds of his appeal. as
contained in the brief of his ATTORNEYS.
Messrs. McCammon and Hadger. are az
fellows:
Grounds Of Appeal.
T. 1t was impossible for the accused to
secure fair and impartial trial because of
the prejudice of the converting and review
Ing authorities. 2. The findings and sem
tence are contrary to the evidence and con-
trary to law. 3. The sentence imposed is
excessive"
Inc brief reviews the comments made by
rear admiral Evans on the findings of the
cCcrt-mart1al in the case of Paymaster
Nicholson, of which court Paymaster Bis
coe was member.
Admitting that Admiral Evans. In his
capacity of reviewing authority, had the
r1sht TO signify his disapproval of any find
ing OF the court which he had convened. the
attorneys for Paymaster Biscoe add: "But
to indulge In such q vicious and lfbelous de-
nuEclation of the court as whole and of
name was most reprehensible act. demon
strating bitter personal malice and entire
lack of judicial discretion"
Reprimanded Without Trial.
1t is held that the publication Of the
ccurt-nartial order containing Admiral
Evans criticisms of Paymaster Biscoe as a
member of court-martial was. In effect.
the administration Of punishment in the
form of public reprimand imposed with
out trial or conviction and contrary to the
letter and spirit of the twenty-fourth arti-
cie Tor the government of the navy; that
the charges made by Admiral Evans against
Of foundation or the slightest justification;
that 1t could not be expected that an hon
cradle and self-respecting an should en-
dure quietly such outrageous abuse pub
nshed broadcast by his superior officers;
that the protest of Biscoe Ito the Secretary
or the Navy prejUdiced Admiral Evans
against him and had an influence with the
court which eventually tried Mr. Biscoe,
resulting in findings which are now the
subject of appeal The attorneys say:
I'VE shall show that Admiral Evans acted
in the capacities of informant grand Jury,
nominator Of the petit jury and appellate
court, and that his bitter prejudice against
Blscoe, openly expressed and published,
was bound to influence and control the
members of any court composed of his
(Evans) subordinates, trained from boy
hood In lines of subordnation'
Admiral Evans Attitude.
Speaking of the members Of the court
martial in the case. the brief says: Every
one of them knew that he must either full
fill the wishes Of the commander-in-chief.
whether right or wrong or else submit to
torrent of abuse, such as that poured out
by Admiral Evans upon Biscoe and his as
sociates of the Nicholson court Each one
of them knew that because Of the exalted
position occupied by Admiral Evans he
would nave to endure meekly any abuse
that Admiral Evans might be pleased to
utter and publish. Each one of them read
the court-martial order in the case Of Pay
master John w. Morse which was publish
ed by Admiral Evans while Biscoe's trial
was In progress and knew from the yio-
lent expressions therein contained that the
commander-in-chief could be appeased by
nothing but the imposition of a heavy SEN
tence on Biscoe. Admiral Evans
disagreement with the finding and verdict
or the court on the fourth charge (false-
hood) shows the persistence of his hostil-
ity toward Mr.. Biscoe, and shows that his
vindictive spirit was only half satisfied by
the sentence imposed. We shall
find convincing proof, not that the accused
was of the charge guilty, but that Rear
Admiral Evans was unfit to discharge the
duties OF converting and reviewing author
1ty. and, being swayed and governed by his
personal likes and dislikes, seemed incapa-
Bile of giving the slightest heed to the evil
dence or the merits of the case"