New-York tribune., 1919-03-26
System ''Crude, Unskilful
and Unlettered,'' Charges
Officer; Accused Given
Virtually No Standing
Right of Counsel Urged
Heavy Penalties Imposed,
He Asserts, for Lack of
' an Adequate Defence
Ncm York Tribune
Wuyhtu1tou Bureau

'''eso'1'tbbO's
WASHINGTON, March 25.--What he
declared to be njustices in the present
court martial system of the army were
described to-day by Lieutenant Colonel
S, T. Ansell, chairman of the clemency
board of the judge advocate generals
Office and chief exponent of reforms in
the system, in speech before the Ma
tional Popular Government League
luncheon.
Colonel Ansell studiously refrancd
from referring to the failure of Secre-
tary Baker to make public his response
to the charges made by Judge Advocate
General Crowder, publication of which
was recently urged by Chairman Cham
bcrlan of the Senate. Military Affairs
Committee. ~
lie characterised courts martial as
"crudc, unsklled and unlcttercd, the
executive arm Of military com
mander," and asserted the accused had
practically no rights. lie gave numer-
Gus instances where enlisted men were
given severely heavy penalties for
minor infractions because of the fail
urc of proper defence.
Leaning Toward Injustice Seen
'"1he system of military justice that
obtains in this country" Colonel An
sell said. "is a system that naturally,
logically, inevitably leans to injustice.
If | am an officer, say second lieu
tenant, with bar just put on my
shoulder. L can prefer charges against
any man, any private soldier in the
army, and if the commanding officer
having the power to convene a court
martial-and most of them of any su-
perior rank have it-adopts those
charges that man will be tried.
"Yon cannot be arrested on the
street here, or elsewhere, until there
has been a certain judicial determina-
tion of whether your liberty ought to
be taken away from you or not. And
you cannot be tried until there has
been preliminary investigation by n
grand jury or by a quasi judicial Of
feer sworn to determine whether you
ought to be subjected to trial or not.
when you come to the court
martial trial it is all the power of
command, the power of the second lieu
tenant, from that on up, as to whether
a man shall be tried, the power Of the
man who convenes the court, as to
whether the charges are good. He is
not a lawyer, and yet he passes once
and for all and finally upon whether
the charges actually, sufficiently al
lege an offence. In a civil court here
1T is a grave question as to the ad-
instability of evidence; in a military
court that is determined by those men
who DO not know any law, who are pre-
sumed to know no law, and who do not
know any law.
"Why should not man, wnero he
is placed on trial before a court mar
tlal, have that substantial assistance
OF counsel that the Constitution of the
united States guarantees him when
on trial before civil court? Whv
I should we leave that to some callow
easily intimidated second lieutenant
who does no more than stand up there
and go through the form Of perform
ing the duties of counsel?
why snould not man be entitled
70 be confronted with his witnesses
Why should not a man have the RIGHT
to his Witnesses? Why should not the
man have the full, fair and imnartial
trial before a court martial that is
guaranteed him before any other court
Why should not man be protecte
against this cruel and unsuaf punish.
n'ent? Why should not the man have
lawyer, properly qualified man, tc
pass upon the questions of law that
are raised during the trial, and let the
army man pass upon the question of
fact? VI
"The only answer, as far as I can
ever get them to reply, is that it would
take too. much time. Military things
must go quick, they say, as though yo,,
were justified under any cirmustances
IN coming to quick execution. before
you know that the man ought TO ho o..
ecuted.
No Limit on Penalties
"They can give any punishment they
please. They are in hurry. 1t is not
8, congenial duty. They want to do
their part by maintaining the disci-
pllne OF the army; they have a thou
sand and one things to do; they are
training soldiers; they are going to
battle; they want to do this. that and
the other thing, and they say: 'We
have got the power; we viii Give th;s
fellow enough to maintain discipline
and if the commanding officer thinks
he ought to have less, Of course he car
reduce it, because, remember. the iudn
ment OF the court martial does not be
come effective until it is approved h,
the commanding officer"