The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-07-14

ing to the trial. |
ITO so warn the accused is mani
festly improper and contrary TO reSu-
Lations cart. 1869, Navy Regulations |
| and if the aforementioned statement
as set forth in the record was a true
report of the procedure followed, n
subsequent proceedings were illegal
in that they were held during the alb
Sence of the accused.
I'm view of the irregularities re-
ferred TO, the findings Of the court
upon the first charge an6 specifica-
tons were disapprCved, and in view
Of such disapproVal the dishonorable
discharge, together with tn forfeiture
Of pay in excess of that corresponding
to the period of confinement adjudged,
was remitted.'
Exact Weighing of law.
The analysis in full tool over a page
in the bulletin. This case, like those
preceding, excites no sympathy for
the prisoner, obviously nothing more
than an ugly, surly drunk Very Dos
sibly the service would be improved
by getting rid of unreliable DRINKS,
and it is equally certain that the
service has no desire to retire them.
But even IL such ~unappealiag cases
there is the most weighing Of
the law and procedure.
Let me cite one more case. A young
man was arrested while serving as a
private in the Marine Corps Of the
! Navy and Charged with desertion and
fraudulent enlistment. He pleaded
guilty to both charges. But in a
statement in his own defense he stated
that he had understood thai he was
not under oath when he was with the
draft Of men for the Pensacola, and
that he understood that he was not
under oath as a marine until such
time as he should reach the Pensacola,
receive his outfit and be sworn in.
He changed his mind but had no in
tention Of making a deSerter Of him
self.
, Il had no intentions of fraud he
continued, land still thinking that
| was not bound by oath to the Navy.
and having served no time, I cannot
2 see how l was falsely representing
myself or deliberately and wilfully
! ~concealing from the recruiting office
! that l was a deserter when l enlisted
: in the Marine Corps, as ! am charged
in my specification"
: The judge advocate of this court
e martial called the attention of the
S court to The fact that his statement
s was Inconsistent and at variance with
the plea of the accused, and requested
t the court to refuse to accept his plea
Of guilty, that the plea Of not guilty
q be submitted therefor, and that the
trial be proceeded with on tina basis
But the court-martial overruled tn
contention Of the judge advocate. TIL.
Navy Department reviewed the cas-,
q and then concluded:
& "The position taken b. TIE judg,
advocate is we'll sustained by the an
l. thorities; and the court impropeII.
overruled his contention. winthrop
Military Law and Precedent: M
e Judge-Advecates General OF tn
e, Army.)
re The proceedings, findings and sen
y, tence in this case were disapproved.
to In plain language, they set aside
l. vacated, the whole proceedings an
s. sentence by reason Of unfair an
De illegal procedure.
G. Detention Barracks.
rs l have spoken about the detentio
al barracks system and the discip,inar
battalion that the Army has but re
We Gently put into effect. The Navy wa
O. the first to adopt this some years as
ne IN an effort to ave possible men t
nj the service who would otherwise hav
been discarded with q prison ser
s. tence. 1t is purely for offenses again:
e discipline. Serious breaches of dis
cipline are tried and sent to the de
n, %tention barracks. 1t is virtually
In prison, but with this important e.
n ception: first offenders or young O.
O. tenders are placed in the disciplinar
lai battalion. Other offenders, aftt
proving good behavior, may earn
o promotion into the disciplinary ba
# talon.
X The disciplinary battalion is on e,
Ter actly the same basis as q BODY
tn sailors or marines serving in the reg,
ne lar establishment; the uniform is II
same, the duties and drills are IL
TT same, but the discipline is more rig
TX and eXacting. At the expiration
RI the sentence, instead of the dishol
nip orable formerly siver. ii
seS member Of the disciplinary battalit
lty may rejOin the service and fniSi. @
len his enlistment without prejudice al
lty receive an honorable discharge. T
IN deaf 1t is necessary to force m,
to stay in the service as the only w;
is of keeping men in-Was a great in
the provement over the prior system
OF imprisoning them as felons and tur
be ing them back to civil life with co
Wet stigma. generally at or during I