The sun., 1919-04-24
CLASHES IN HEARING
ON COURTS-MARTIAL
Col. Wigmore Says System
Needs More Facts, Not
More Law.
j ANSWERED BY ANSELL
Legal Control From Start of
Gases Is Great Lack, AS
serts Chief Critic.
ANSWERED BY ANSELL

WASHINGTON, April 2s.--The radical
difference of opinion that exists not only
in military circles but among lawyers
as to tho present system OF military
Justice was brought out sharply to-day
before the committee OF the American
Bar Association in the conflicting views
presented by Lieut. Col. Samuel T. An
sell the officer of the regular army
who lie chief assailant of the system,
and Col. John Wigmore, temporary Off
Ger and widely known as a student OF
law in civil life, but the most active
defender of the present system in the alb
sence of ~Major-Gen. Crowder, Judge
Advocate General.
THE court-martial system does not
need more law, but more facts" Col
wigmore asserted, urging that amend
nent of the present system TO insure
perfectly fearless counsel for the &C,
cused" to bring out the facts would go
far toward remedying such defects as
had been disclosed.
'"There is a feeling that by putting In
more technical law we will get more
Justice" he added. IT do not believe
that"
Col. Anseil, resuming his argument.
defined the real issue as the question:
whether military justice Is going to
be conducted by hard and fast military
rules. or is it going to take on an aspect
Of civil justice?"
Ansell on Legal Control.
IF we had legal control from the be-
ginning of the proceedings" he asserted.
after displaying charts showing the ex-
tensive machinery set UP in the Judge
Advocate Generals office to correct err
rors. I'VE would have had no need for
this great revisory machinery at the
top"
Col. wigmore took direct issue with
statements made by Senator Chamber
lain and Col. Anseil. He quoted n
speech made by Chamberlain in the SEN
ate which declared that the army court
martial system represented neither n
system of Justice nor n system OF law.
IF any man, after any rational in
quiry whatever holds to that view" Col.
Wigmore declared. "he Is hopeless"
Similarly he challenged Col. Ansells
frequently repeated charge that the mill
fary Justice system Is archaic" On the
contrary. Col. Wigmore declared. there
are elements in the army system so ad-
vanced and modern that men in civil
practice can only dream OF the day when
they will be applied in civil courts.
Col. Ansell entered to-day upon the de-
tailed discussion Of changes In law he
uSSTeb 10 MS main
purpose of divorcing the legal aspects of
the army completely from the possibility
Of military domination. He recited fig
ures to show that - per cent. OF the en-
listed men brought to trial were con-
victed
"Inhumanly Perfect or Unjust.~
"Either this is a most inhumanly per-
fsct machine" he said. cor most in
humanity unjust one"
About 80 per cent. OF tho officers tried
are convicted. Col Ansell added. but
continued: I'VE know that the officers
Get better trials than the enlisted men"
The records Of the Clemency Board
OF which he is the head. Col. Ansell said
show that SO per cent. OF the cases re-
viewed were not well tried and that 20
per cent we're poorly tried"
The Intervention Of the American Ear
Association in the controversy was di-
rectly due to the suggestion OF Col. An
sell. former Acting Judge Advocate-Gen-
eral. Chairman S. s. Gregory of the as
sociation's committee formally stated to.
day in denying a report that the com
mittee had been organized through the
desire OF the War Department to fore
stall Congressional inquiry
Judge Gregory made his statement al
the opening of the committees session
before entering upon an examination o.
Col Sedgwck Rice, commandment of the
army disciplinary barracks at Fort
Leavenworth.