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

my delight that the judicial system Of
the Navy had put into practice almost
all the reforms which had been suS-
gested for the Army in my last series.
In the previous instalment Mr.. Post
showed how the Navy department
watches with the utmost care for
every miscarriage Of justice in its
courts-martial. He here gives some
further examples Of the method Of
dealing with the judicial errors that
creep into the courts-martial.
christopher Brennan, an ordinary
seaman IN the. Navy. was charged be-
fore a court-martial with desertion.
He was convicted and the Judge Ad-
vocate of the Navy reviewed his case
in a page of the bulletin, pointing
out the errors and stupidities on the
part of the officers composing the
court. The proceedings, findings and
sentence were diSapprOyed, ana me
concluding paragraph read:
The only evidence adduced to show
the necessary intent to permanently
abandon the service was contained IN
the admissions of the accused While
on the witness stand in his own de-
Tense, and although they might be
considered sufficient to warrant a md
ing of guilty of desertion, the lrregu-
larity of the proceedings is not obtain
ing the best evidence as to tn ! urn
Of the accused &c the service, the fali-
ure to rebut hiA testimony as TO ms
surrender to the officer who delivered
him abOard the receiving snip, and the
Vacillation of the court in it's rulings
AZ to the admission of the report OF
deserters received rendered the pro-
ceedings Of such a character that it
was considered to the best interests OF
the administration of justice that they
be disapproved. Brennan's retention
in the service WIS not deemed deSir@-
bic and he was discharged as 'Unde-
sirable for the service"
Rights of Accused Guaranteed.
Here the Navy again virtually adj
mits the moral guilt of the accused.
but il will not permit him to be pun
ished because his rights in e trial
were not protected.
Lawrence f. Gilmore, alias George
r.. Tatro, private in the Marine Corps,
II. s. Navy, was tried for desertion
and fraudulent enlistment and found
guilty. The court-martial fairly briS-
tied with errors-not technical errors
but vital ones; for example, no evil
dence was intr -duced to show that he
had received any "a or allowances
under his fraudulent enlistment, this
being an essential feature under mill.
tary law of the crime of fraudulent
enlistment.
SO the Navy Department returned
the case to the court-martial for re
vision.
The court, on reconveninS, never
theless adhered to it's former finding
And then the Navy Department sait
of the case and that court in closin.
q careful analysis:
by the failure of the judge ad
vocate to introduce proper and suf
fcient evidence. which was readil,
available to prove the specification
and by the courts action in receiving
such incompetent evidence, they have
by negiecting the rules of procedur
and the elementary principles of Law
which ought to have been known t
both the members and the judge ad
Nocate, caused a miscarriage Of jus
tice, permitted the accused to escap
merited punishment, and become re
sponsible for the injurious effect thu
caused to the discipline of the nav:
service.
in view of the foregoing. l haN
the honor to recommend that the pro
Ceedings, findings and sentence in th
foregoing case be disapproved. an
that, as an entirely separate procee
ing. Gilmore, alias TatrO, be di.
charged from the service as und'
sirable."
Charles l.. Mortland, a musicia,
first class, Of the Navy, was ashore
a barracks at BuenOS Aires as a men
Der OF the Band of the North Car,
lima, and was before a court-marti
charged with drunkenness en- dut,
and using abusive. obscene and pr
fame language toward his superior G
fcer." He pleaded guilty to drum
enness but not guilty to the 9th
charge. He was found guilty on DO
charges. This is the ANALYSIS by Il
Navy Department:
The evidence showed that Nor
land returned from liberty in "A drum
en- condition. Even though ordinal
ly a man sent ashore from hi; sh
with a battalion for certain purpos
might be considered as being on du
while with that battalion. yet VIII
liberty is granted the status of du
for the time being ceases. at least
so far as distinguishing his positi
being on and off duty, and he
considered in the latter class fer I
purpose of determining the degree
misconduct of which he might
guilty.