The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1919-08-30
Lawyers Decide After Ponder
Gus Consideration That Ger
mans Had Law Warrant
SUCH LAW SHOULD BE
CHANGED SAY MINORITY
Women Spies Should Not Be a
Privileged Glass in Opinion
Of Majority

the Germans OF Miss Edith CaVell, the
English nurse, which aroused the in
dignation of the allied world, was in
accordance with the laws Of civilized
warfare. according to a minority re-
port OF the committee on military law
Of the American Par Association made
public here today, advocating aboil-
ition of the death penalty for women
convicted Of infringing military law.
Both majority ard minority reports
we're prepared by the committee
which was appointed to investigate
courts,nartia1 and suggest reforms in
military law.
The reference to the case Of Miss
Cavell was n,aee by S. S. Gregory OF
Chicago, chairman of the committee,
and was concurred in by Judge Will
liam p. Bynum Of Greensboro, n. c.,
the other minority member. In his re-
ort Mr.. Gregory said:
"a careful consideration of the case
of Miss Edith Cave}l. one of the most
patheticNand appealing victims Of the.
great war. whose unfortunate fate
has aroused the sympathy and excited
led me to the conviction that she was
executed in accordance with the laws
end usages of what we are pleased
commonly to refer to as civilized war
fare.
This Laing so it has seemed to me
quite inconsistent with odr condemna-
ton of those who thus took her life
to; retain in own system Of military
code those Jaws which were relied
upon by the German military authori-
ties in ordering her execution. The
mere fact that her trial was attended
by the brutality and dupIicity which
commonly marked the exercise Of mil
itary power by the German command,
does not alter this aspect of the case.
This is not subject upon which /
desire to reason at any length. for it
is: one as to which the impulses OF
the heart can much better be relied
upol. than any sophisticated and artifl-
cial reasoning.
"For us to take any other course,
/ it seems to me. is to impeach our sin
ccrity and good faith in criticising the
German authorities in this regard,
and to warrant the suggestion that
such criticism is inspired rather By
the fact that they, our enemies, were
responsible for it as we'll as sympathy
for a good and worthy woman than
any we'll considered judgment in the
matter"
The majority of the committee, An
drew A. Bruce Of Minneapolis, Martin
Conroy Of New York and john Hirk-
ley Of Baltimore. declared they could
not concur in the suggestion Of Mr..
Gregory that there should be pro-
vision prohibiting the death penalty
in the case of women spies"
"It would certainly be inadvisable
unless such provision were in the
codes Of all the nations with whom
we would be likely to be at war they
said. I'VE could not afford to be thus
handicapped. We agree thoroughly
that the penalty should not be inflict-
cd except in the most extreme case.
but that it should be abolished entire
ly we can not agree. Experience has
shown that on account of the sex lure
women are the most dangerous of all
Spires. and our chivalry towards some
should not allow us to jeopardize the
national cause or the lives of thou
sands of ;Ec sons cf others
The majority also declined to con-
cir in recommendations Of the mi
rority that enlisted men sit on courts
martial and that special courts be
abandoned The majority report as
serted that although we believe
some changes should be made. we are
satisfied that the errors which were
committed during the recent war and
the excessive penalties which were
no doubt often imposed were due
largely 10 the incxpcrrence Of those
in control and to the fact not only
that we had of necessity to train Of
ficers class overnight for our voluntary
ar,ny but that our pratcice in the past
Of scattering our regular army divid-
Cd into battaIions. companies and
even smaller units over the country
had made it impossible to trian prop
crly even our West Point officers
I'VE are thoroughly in accord" the
majority report continued. with the
idea that there should he with each
division. brigade and perhaps regi-
ment. a. thoroughly trained military
lawyer with the rank. perhaps Of
lieutenant colonel. who should serve
either as presiding Judge or ad-
wiser at all court martials.'
The members also favored having
n lawyer on courtsmartial. saying
presiding judge advocates should be
appointed by the president with the
RINK of major or higher, who should
be lawyers of suitable qualifications.
The majority members recommend
ed that more care should be taken IN
obtaining counsel for accused soldiers.
I'VE are not satisfied that the de-
fcndants have not been guilty in the
case which we have examined, II
said. we arc satisfied however. III
manv OF them that they were not ade-