The sun., 1908-04-03
ARMY TRIAL OYER 81 GAUGE
LIEUT.. PEARSON SURVEYED 1T
AND STUCK 70 HIS POINT,

which Was That the Company Fund should
Replace H-FOr Insistenoe on That
Point and the Language He Used He
IL Up for DisObedienOe and Disrespeot.
Like the sturdy citizen who would have
peace II he had 10 fight for II the United
States Army will have minu 10 regularity
II II costs the time and transportation Of
a score Of officers and men 10 secure II or
! to find out all about II, az much for -
steam gauge at the recruiting station at
Fort socum up near New Rochelle az for
a disappearing gun Of the Coast Artillery.
SO a grave and digniRed Oourt-martial
assembled In the officers club building at
Governors Island yesterday 10 sit in judg-
ment upon First Lieut.. John A. Pearson OF
the Seventh Cayalry-whioh once was
Custer's-who is now stationed at Fort
'locum, 70 try the Lieutenant upon charges
Of disrespect toward his superior officers
conumacy and disobedience Of orders
in connection with a survey made by him
to ascertain the cause Of the non-function-
ing Of steam gauge at the fort,
Being unable TO place responsibility for
tho broken gauge upon any one individual
Lieut. Pearson recommended that the
gauge be paid for out Of the company fund
of Recruit Company 4, in whose barracks
is the furnace, the gauge OF which caused
all the trouble. The report went It's devious
round between the post commander, the
Adjutant-Genorals office Of the army and
the Quartermaster- Generals department
and came back with the Endorsement Of the
acting Quartorinaster- General that II was
unsatisfactory and the suggestion that per-
haps a more experienced officer should be
appointed to make a survey. When It is
pointed out that Lieut.. Pearson was born
in 1915 the force Of this suggestion may
he better appreciated, notwithstanding the
fact that Lieut. Pearson has a record as
one Of the best marksmen OF the army
and has been member Of various teams In
rife contests and revolver shooting
Lieut.. Pearson was ordered to make
another report. He submitted 1t with a
fuli account Of the evidence and q renewal
Of his original recommendation de also
indorsed 1t with the words MY efforts In
this report have been stimulated by the
complimentary reference and courteous
request in the ninth Endorsement, the
ninth Endorsement being that in which
was the suggestion that one more expert
enced than he might serve better az sur
veying officer. Mr. Pearson had to looS
into the case again after this and appears
TO have received first hints and then direct
order 10 change his findings, the Quarter
MASTER Generals department holding that
the company fund, under Department CIR
Clllar @, was not intended 10 sustain such
expenditures The charges against him
declare that when after this be made
report in which be renewed his recon-
mendatjon he did Contlmacousy and
contentiously submit" an Endorsement, a
uart Of which was as follows
Since all the evidence In the case is reduced
to writing It Is a matter Of little or no conse-
quence what | find or recommend as my
finding aud recommendation are purely
advisory and subject to review and revision
by every authority between me and the
Secretary Of War. II am in error in my
findings, reverse my findings YOU have the
facts. II am in error ia my recommends
ton, It in like manner can be reversed.
In the commencement of this investigation
! was supposed to be the umpire, with the
liberty OF my own judgment, unhampered;
but since that time with each return OF these
papers, / hayo received instructions how to
find and recommend.
In.my opinion the recommendation is In
perfect harmony with section 1908, r, g..
and the equity OF the case, and consequently
must be adhered to.
The charges held some Of Mr. Pearsons
comments 20 be in sarcastic and disrepect-
fl alus.on to the acting QuartermGsier-
General of the army, held him TO be guilty
p q Htftt In, vEilf n
visa his recommendation and 10 be guilty
OF ins slbordination for the same reason.
Lieut.. Pearson's counsel were Capt.
Murray Of the Quarter1naster's depart
meat at Fort Slocum and Lieut.. i. B. Davis
of the Twelfth Inientry, Mr., Pearson
acknowledged oil the records Of the case,
but declared that he had not intended his
Endorsements 70 be either sarcastic or dis
n sDcctful; neither had he been guilty OF
wllful failure to obey orders he held that
what he had done was obedience a orders,
his insistence upon his original recommen- !
dation being a matter Of conscience and in |
accordance, as he believed, with the supreme !
law Of the land as represented in the Revised |
Statutes Neither contumaCy nor Conten- |
tiousness was intended
Capt. Murray told the court that Lent. !
Pearson was young officer Of fine record |
and considerable proTDise Shat he had done |
what he had deemed was rght, that nc |
had refused consistently TO reverse the |
findings prompted by his conscience.
The Judge advocate told the court that !
the whole case rested upon the legality Of !
the order "a Lieut.. Pearson to reconsider !
his recommendation, in other words, the
construction of the army circular dealing
with company funds.
The court went into secret session to
consider it's findings, which will be for
warded to Washington for action, and the
result can only be made known from Wash
ington.
nIN.NED M CTEFI UEN