The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-25
JURY SYSTEM URGED
FOR COURT-MARTIAL.
Unanimous Verdict in Death
Among Remedies Offered
by Judge Gregory,
TRIAL REDUCTIONS SEEN
Col. Ansell Says Great Num-
Der Of Cases Did Not Sus-
tain Punishment.

WAsHrNoroN, April 24.-Correction of
the army court martial system should
proceed from the bottom upward, ac-
cording to an opinion expressed to-day by
Judge 8. s. Gregory, chairman of the
investigating committee Of the American
Bar Association. in a statement Of the
tentative conclusions based upon dis
closures In the committees inquiry. His
statement was made at the opening OF
to-day's session of the committee.
Lieut.-Col. Ansell was before the COM
mittee to-day completing his lengthy ar
gument against the existing system OF
military Justice. He dealt to-day with
remedial legislation he regarded neces-
sary and again indicated his feeling that
radical revision of the entire system was
ali that can effectually safeguard army
enlisted men in their constitutional
rights to fair and impartial trials.
Correction OF the military justice sys-
TEN should begin in the practice of the
courts. Judge Gregory thought, which
largely would obviate necessity for ex-
tensive revision of cases. He specifically
enumerated. among the changes he now
believes desirable the appointment OF a
qualified legal officer as presiding Judge
or courts-martial. to rule upon all Law
questions requirement of a unanimous
verdict by the court in all death sen.
fences or those involving dishonorable
discharge or more than two years i'm.
prisonment; creation OF a system OF trial
by commissioned officers before courts
composed of commissioned officers and OF
enlisted men before what would in prac.
tice he turies OF enlisted men with a
qualified officer presiding as Judge; ere.
alton Of a power for revision of findings
and sentences for legal error, 10 DC
lodged in the War Department, and pro.
mitigation of verdicts OF acQuittal In
open court. with immediate release OF
defendants
Col. Ansell replied that Judge Greg.
ory's statement indicated that the com.
mittee already was arriving at the con
clusion that radical amendment of the
military legal practice is necessary. The
broad result Of the adoption OF a policy
| such as the chairman had outlined, ht
said. would be, in his opinion, to re.
duce the number of conference.-the II
the army by at lea st one-half.
Something in the nature OF clash oc
CURED between Col. Ansell and Col
Hinkley Of the committee over the for
| mers desire to submit abstracts OF I0t
| cases taken from the records of tn.
clemency board of which Col Ansell !,
the head. Col. Huxley said he woulc
rather spend the time discussing RENE
dies with Col. Ansell. as the committe,
understands very well that there hav,
! been many excessive sentences and al
| ready had many instances In its records
II am not talking about excess.v,
sentences" Col. Ansell replied. THAT Il
where We get of the track
Col. Huxley said he understood SIS
~
tried cases.
There are great numbers Of cases.
Col Ansell said, where they have beeI
so poorly tried that no human ocnu
can now say that the trial sustairtl
| the punishment" He added that h
| would talk of cases of this sort eli
| the thousands IL necessary.