The Washington herald., 1908-07-27
Rebuke Of . Military Court.


/ The Judgment derived from military and
naval courts in the trial Of commissioned
/ officers and enlisted men Of the army and
navy IS probably past finding out Every
now and then a military court imposes a
sentence which IS startling for its Sc
verify. and the record Of administration
/ Of service Justice possesses quite ar many
! instances OF the failure 10 give The sen
! tence deserved. One Of the latest ex-
I amples appears TO have been afforded in
the court-nartisI cases Of two JJsNior Of
1 hcers OF the Eighth Infantry. Second
Lieuts. John J Moller and Claire - Ben
Eett, the former q graduate Of the Mill
I tary Academy and the latter appointed
from civil life They were tried before a
! court convened Mt Camp Bumpus. in the
/ Philippines. in August OF 1J57. or charges
Of permitting certain Filipino prisoners in
/ their Official custody to be tortured by a
/ local presidente Of the island Of L.eyte.
with a view Of extorting Information re-
/ garding the operations Of certain Pula-
james, with whom the prisoners were al
l legged 20 have been associated in the dis
! turbance OF peace Both officers were
/ acquitted by the court whereupon the re-
viewing authority. Brig Gen A L Mills.
IN command Of that department, and for
/ rnerly on duty as superintendent Of the
| Military Academy. proceeded TO rebuke
/ the court and reprimand the acquitted Of
/ fcers- This ordinarily would have con
cluded the history Of the cases. but some
one called the attention OF the President
TO the outrages for which the infantry
Iieutenants were tried and the apparent
/ failure Of justice.
! The circumstances. as related IN the or
/ ders. indicate that both AIouer and Ben
] nett resorted 10 methods which were not
only cruel. but cowardly. and which. as
/ upon the service" and "a stain on the
/ manhood Of the officers. There is moth
I ing. further TO be done. now that the court
I acquitted the officers. but st Is agreeable
| 10 note that The President INDUCED in some
/ caustic criticism OF the court and the
! accused officers The Presidents remarks
viii be added TO the efficiency records OF
NoUer and Bennett. The President said:
It avrsars that there has been IN out-
-aso0us mi1czrTaEe q f1sticu IN the cascs 4 the
two Lsutenauts IN question greatly rgS-et that I
have lot the legal power % uDet he acton q the
-5---uz--al. feel that these two ue-lteuauts have
disc-edi.ed themselves and the service and that
| the responsibility f0r thus compromising the good
name of the army and The county is saarcd D. thoS
ne7nh.-s q the cUur--rnartal who vrsed f1r their
/ zsluittaL II these two of7cc-s were enlisted
men ] vo1ld have had them disclarseJ out q hauI
FIX the good Of the service and I resru- that 5e-
I c11.- q the law 7 an unable 20 take this seton
in tHis czse."
/ The Secretary OF War has ordered that
the Presidents remarks and the circum-
stances which prompted them shall be
made known 10 the public press n the
hope that the publicity viii have a good
effect on the service IN preventing recur-
rences Of onenses such as those involved
| In these cases" Il would be nnanifestIy
unfair 70 accept these instances as typ
ical least Of all OF infantry officers in
trusted with authority The official Jour
-aI Of that branch Of the army has lately
had much 10 say concerning the defects
Of cavalry and artillery. and the useless
ness Of the staff Perhaps q little atten-
ton 20 the junior infantry personnel
/ would save the army and the country
from having the good name OF service
and nation so compromised that Il Jus
tiles such remarks as Mr.. Roosevelt has
been compelled 70 make