Evening star., 1919-04-17
SAYS JUSTICE SURE
IN COURTS-MART|AL
Gen. Glenn Ayers Accused
Has Benefit of Mentally
Equipped Tribunal.
OFFICERS OF HIGH CLASS

. 'If I personally were to undergo
trial for an offense and\ felt sure of
my innocence, would rather be tried
by a military court than any other
court in this country" Maj. Gen. Ed
win S. Glenn today told the special
committee of the American Bar As
sociation making inquiry into the
administration of military justice.
The average commissioned officer
Is a man of education. and of at least
some experience" continued Gen.
Glenn, 'and he is far better equipped
to weigh evidence than the average
petit juryman-
The officers who came into the
Army since we entered the war were
'hand-picked' and of high class, and,
although by no means all lawyers.
were Tar above the average in their
capability to determine facts
Had Wide Experience.
Gen. Glenn has had wide opportu-
nifty to judge of the American court
{ martial systems workings. Gradu-
. ating from West Point in 1877, he has
tion with the administration Of mill
tary justice, even up to the reviewing
Of cases. for he trained the SD Divi-
!: sion and took it to Europe.
At the start of his contribution to
the proceedings, he stated that to dis
cuss military justice as such was one
thing; to compare it with civil GRIM
inal justice was entirely a different
thing $50 --.-
Theelatter is intended to enforce the
sons and their property, he said. while
the aim of the former is to maintain
discipline. No real comparison between
the two II possible. he said, and added:
IF you ask me whether military
Justice is producing the desired re-
suit l will reply in the affirmative"
Defects Lie in Application.
Any existing defects lie In the ap-
plication of the system and not in the
system itself, said the~former division
commander.
Henry E. Mitchell, who commanded
the 305th Tank Brigade both in Eng
land and France and subsequently at
Camp Meade, where it is now being
airy officer, participated in Pershing's
punitive campaign against Villa in
Mexico He has served on a number
of general courts-martial and as COM
mander of brigade has called sew
eral.
The present system itself, as regards
fairness Of trial. is good, although he
would recommend some changes, Col.
| Mitchell said. He would increase the
powers Of special court SO that it
years confinement and thus avoid SO
many general courts. He said he did
not believe in long sentences for
strictly military offenses unless occur
ring in the face of the enemy.
Reduce Time in Guard House.
He deprecated the long time spent
IN the guardhouse by the accused, ell
ther awaiting trial or awaiting SEN
teDce. This is bad for discipline, he
pointed out. especially if the accused
man be innocent. He said he knew OF
one case where a man remained thus
confined for six months. This happen
ed at an isolated Army post in the old
days, but the vast number Of men in
France, the multitude of duties re-
ouired OF every officer and the slow
ness of the mails had brought about
similar instances in the recent war.
III the powers of the special court
were extended" said Col. Mitchell, .it
Would be more frequently used. and
the more cumbersome general court
less frequently. Another thing is that
eomeumes not enough attention Ii
vocate gu
He is sometimes chosen because he
b available rather than because he is
duaItned- This has happened to me
and 1 realized my ineniciency."
More stan Officers Needed.
Asked If an officer did not look on
such a detail as more or less of a
nuisance he replied that such was
usually the case. He admitted the
value of having additional trained
:tan ofioerA In proper proportion to
the FORCES, who would perform purely
judge advocate duties, but gave as his
opinion that the establishment of 3
special appellate court, with power
to reverse the power of the review
ing authorities. as recommended by
certain officers during the series OF
hearings, would be detrimental, be-
cause 1t would entail possibility o,
further delay and longer incarcera-
tion Of the accused.
Lieut.. Col. Ansell former acting
judge advocate general, is to appear
before the committee next Monday a,
10 am
Two Major Generals Heard.
Two major generals Of the Regular
Army, Leonard Wood and Hugh L
Scott (retired). both former chief.
of the general staff, each of whom
trained and commanded a division
during the war, were heard yester.
day afternoon. Both opposed any plar
of taking from the President and thu
commanding generals the contro
they now exercise over courts-martial
as proposed by Lieut.. Col Samuel T.
AnselI. Gen. Chamberlain, inspector
general. had expressed himself alons
similar lines yesterday morning.