The sun., 1919-04-13
Gross Injustice to Helpless
Men Proved in 1921 of
1883 Cases.
CZARLIKE RULE Barred
Tuberculosis PatientSentenced
to Ten Year Term by Auto
Gratis of Army System.


for his attack on the system OF military
TRIALS clemency has been recommended
In 1881 cases, cutting a total OF $3.50
years from the aggregate OF the sem
fences imposed. These figures. made
public by the War Department. were
cited yesterday in statement by Roscoe
Stewart. temporary secretary of the Ex-
Judge Advocates committee on military
justice
THAT In ITSELF" he said. ais proof that
the present system Is in need OF radical
reform. The clemency board Is of the
opinion that in the cases so far consid-
cred by II the present system of military
Justice has practsed injustice in over
80 per cent. OF the cases. and that the
sentences imposed by it are over 400 per
cent. higher than they should have been.
AS a result of the defects OF the
present system OF military Justice the
statement continues, lit is seen from the
work OF the cemency board that SOL
diers have no adequate protection against
unjust convictions and sentences eN-
cept as the hand of clemency may be
extended to them; that they do not re-
ceive Justice as a matter of right, but OF
executive favor.
Autocratic system shown.
THE present system makes the Gov
eminent of the United States an auto
cratic government which deals with sub
iects rather than with citizens. Although
the Government Is popular govern
men:, created to secure to its citizens
well known rights of citizenship. namely
the protection of life, liberty and prop
crty, 1t Is, in dealing with its soldiers
citizens called to the colors to defend
and protect II. a despot. 1t In effect
says 10 them: I admit that l have done
an injustice to you, that have tried
sou unfairly and have sentenced you
unfairly. In my mercy If choose I will
extend clsmency to YOU. IF / do not
choose there is no relief for you
such a system is Pruss!an, not
American.
THE clemency board is giving rights
to the soldiers which never should
have been taken from them. But sup
pose the board had not been created and
that there had been no Ansell, a man
with human instincts. to rise up against
the system. those men would have had
to continue to serve out their sentences
with no law to secure them redress for
the injustice done to them"
The report then quotes in full let
ter received from a civilian lawyer de-
scribing his experience with the court
martial system as 1t existed in 1911 and
as 1t still exists. In the fall of that
year. the lawyers says, he undertook
to secure for a man convicted by court
martial rehearing of his case. But
the verdict had been approved and pub
lished by the then President, Mr.. Taft,
despite the gross Irregularities on the
face Of the record and he found that
IN nca
except by a special act of Congress
ordering the original court-martial to be
reconvened. He finally succeeded in this
after submitting full briefs to both mill
tary committees of Congress showing
the inequitles of the law, which never
theless still stands as it was at that
time.
COurt-MartiaI Is Supreme.
lie says that throughout the court
martial acted under a Instrumentation of
the law. as they admitted, that an in
experienced Second Lieutenant had been
assigned as counsel for the defendant
despite the latter's protest. He was dis
missed from the service and 1t took him
q year and a half to get back through
act or Congress, as there was no power
under the decisions of the Judge Adyo-
cate Generals accumulated opinions, not
even the President himself. which could
review and order new trial once the
sentence had been published.
lie characteriZeS the procedure as
one of the most serious defects In the
System as it then existed and still exists,
most fragrant miscarriage of justice
without any remedy to the accused save
a resort to Congress. a most uncertain,
unsatisfactory. tardy and Inadequate
remedy. and at best a mere gambling
chance for one who is entitled TO be
accorded Justice and fair trial as "a
matter of right"
Tho statement then gives among
others the following fragrant cases OF
weird action by courts-martiaI:
'Cupp, e. L., private, Company II
l2lst Infantry. Record states case was
one or aggravated absence without
leave Prisoner was absent five hours.
Record reads that accused claimed he
was scared into not returning and that
his claim was not refuted' by prosecu-
ton ana seems probable. Sentence five
years in Fort Leavenworth. No writ
ten review OF case submitted.
Nelson. w. L.. private, 155th In
fantry, Absent without leave for one
day, Was in uniform and had gone
home TO visit parents. Record states
that he made no effort at concealment.
Sentenced to ten years in the disciplinary
barracks at Fort Leavenworth, Kansas.
Twenty years old, with good record in
civilian life. Also given suspended sem
tence of dishonorable discharge from
amy.
Case Record Not LegibIe.
'treamer, II. f., private, COMPANY
y seventeenth Infantry. Charged with
absence without leave and sentenced 10
three years in Fort Jay, Governors
Island. Reported circumstances attend
ing case submitted was a carbon copy
and not legible.
Arlington. Chester s.. private. Twelfth
Balloon Company. Secured $40 on two
checks and court -martlalled for fraud.
Record states that two checks signed by
himself on his home bank. There was
not sufficient funds TO cover. Testified
TO innocent mistake and there seems to
he possibility that claim was true.
Checks made good. Sentenced to one
year in Fort Jay
watson. Shells, private, Company VI,
Fffty-fifth Infantry, refused 10 submit
10 operation on thigh. Sentenced TO three
years in Fort Leavenworth. Served II
months and 10 days.
Hickey. James. private. Fifteenth
Balloon Company. Absent without leave
for two hours. Held in confinement
twelve months Record states that case
one of forced desertion by reason of
brutality of this mans treatment and
further on adds that none of his legal
rights seem to have been accorded up
10 trial. The prisoner when tried was
81 years old and record states that he
was "a waif without knowledge OF father