Evening star., 1919-04-02
SUGGESTS REVIEW
. OF MILITARY TRIALS
Maj. Guerin Believes Creation
of Appellate Tribunal Might
Improve System.
OTHER WITNESSES HEARD

The establishment Of an appellate
tribunal to function in the admin
lstration of military justice might be
a marked improvement in the pres
ent system, according to Maj. Mark l..
Guerin. who appeared this morning
before the resumed inquiry by a spe-
cla1 committee of the American Bar
procedure of the Army Maj. Guerin.
whose specially is dealing with con-
scientious objector cases, and who is
IN the military justice division of the
! Judge advocate generals department.,
! talked at considerable length and
| with certain degree of freedom,
! specifying, however, that any Sug-
Eesticns OF recommends tions he
might make should be regarded as
possibilities" or food for thought
only.
The committee appointed by the
| president of the American Bar Assoc
! citation is to Investigate as thorough
ly as possible the administration Of
! military justice and report back it's
| findings to the executive council Of
! the association. 1t is likely that th's
| report will be found extremely help
ful in the preparation of Whatever
changes in law regarding the admin
! iatration of justice to officers ana men
+! may later be found advisable. At the
, direction of Secretary Baker the War
Department is affording the commit
tee every possible facility.
Final Review Desirable.
Maj. Guerin said he thought this
| tribunal might we'll be established to
| make a final review of difficult or
| unusual cases; that it should be COM
posed of from three to five members
of the judge advocate generals de-
partment, with the judgs-advocate
general of the army, ex-officio, a
member. 1t would function only in
general court-martial cases where
! there was an appeal by the accused
made within reasonable time. Its de-
| cision should be binding, the officer
| thought. except In cses where the
Commanding officer of an army in the
| field had already executed the SEN
| tence imposed by the court. q pro-
viso which would be obviously ESSEN
| tial in, for instance. a Inutiny where
quick action was required.
| Mai. Guerin was asked by a mem
Der of the committee if he considered
| that by this tribunal discipline, one
of the two main objects of courts
| martial. would be fostered, and he
answered in the affirmative.
Typical Case Cited.
"How about a commissioned officer
| tried for negligent tactical operations
res resulting in partial destruction of
a matter of military technique. Would
you want it revieaed by a body of
lawyers in Washington? was the
| next inquiry.
! "Yes. unless. of course, the command
ing general had already put the sentence
| INTO execution in order to meet an
emergency" replied Maj. Guerin.
| He stated generally that he thinks
the present system far from perfect,
yet so valuable in many ways that it
should be preserved with improve
ments rather than radically altered
Notwithstanding many features to q
! legal mind apparently tending to in
justice. 1t is rare thing for an inno-
cent man to suffer because Of it's oper-
, alton.
Have You ever known of a case
where the reviewing authority so
| functioned that a man on the face of
had been guilty?" asked Martin Con-
boy. one of the committee.
Never" said Mai. Guerin:' He also
stated that the reverse, a palpably
guilty man being cleared, had been
t,noted in but four or five cases out of
some 900 that he personally had re-
viewed.
Maj. copp Makes Correction.
Maj. copp, who appeared last week.
occupied the chair for brief time
and corrected one OF two points which
had been misapprehended either by
the committee or. bye the press, or
both. He said, the inspector general
of the Army had informed him that
I I'M
Investigating a reported offense had
no authority to compel any witness to
Testify involuntarily and that it Isl
the practice to warn the accused of
his rights and that anything he might
say would be used against him.
II witnesses other than the accused
refuse to answer questions the in
spector general may only so report
to the commanding officer for the lat
ter's consideration. Maj. Copp also
made it plain that the accused always
gets a copy of the record Of his case
reduce. but cannot increase, a courts
sentence.
In closing Maj. Copp said the military
justice machine possesses great hex-
ibility and works excellently when
operated in a skillful manner. If the
administration be slovenly. then all
| the criticism made of it 10 justiflable.
Maj. R. s. Bright's Suggestions.
! Maj. Robert S. Bright. chief Of the
penitentiary section of the military
justice division, who was the last Of
J ficer to appear this morning, said he
had already recommended that the
judge advocate of a general court
martial should be an officer Of the
judge advocate generals department.
In perhaps two-thirds Of $50 cases
with which he has been made familiar,
he admitted freely. the conduct Of the
judge advocate had displayed a clear
lack of essential legal experience. Maj.
Bright also said he thought that an
accused man should be furnished with
counsel long enough before the be-
ginning of his trial to insure both of
them sufficient time to prepare the
case to the best advantage.
Maj. Rigby a Witness.
Maj. w. o. Rigby was the first off,
| Ger to appear at this afternoons ees-
! sion. He has practiced law in Illinois
! since 1898, and was for a time in the
death and Dismissal section of tie
military justice department. Just
/ now he is detailed for SDecial work