New-York tribune., 1919-04-25
investigator Says Correction
of Court Martial System
Should Proceed From the
BottomUpward forResults
Ansell Sees Progress
Completes Statement of His
views to Commission:
Many Revisions Suggested

WASHINGTON, April 24-Correc-
ton of the army court-martial sys-
tom should proceed from the bottom
pressed to-day by Judge S. S. Gregory,
chairman of the investigating commit
tee of the American Bar Association
IN statement. of the tentative con-
clusions based upon disclosures in the
committees inquiry. His statement
was made at the opening Of to-days
session of the committee. Lieutenant
Colonel S. r. Anscll, former acting
Judge advocate general, was before the
committee to-day completing his
lengthy argument against the existing
system Of military justice. He dealt
to-day with remedial Legislation he re.
garde] necessary, and again indicated
his feeling that radical revision Of the
entire system was all that can effcctu-
ally safeguard army enlisted men in
their constitutional rights to fair and
impartial trials
Judge Gregory rjccted the state
ment of his own views with the ex-
planation that he did so for the in
formation of Colonel Ansell who might
wish to discuss some of the points pre-
sented. The judge added. also, that
he spoke for himself alone and re-
sarded his own state of mind as wholly
tentative.
Correction of the military Justice
system should begin in the practice
of the courts, Judge Gregory thought
which largely would obvate necessity
Tor extensive revision of cases. He
foo litr
changes he now believes desirable, the
appointment of n qualified legal officer
as presiding judge of courts martial
to rule upon all law questions; require
ment OF unanimous verdict by the
court IN all death sentences or those
Involving dishonorable discharge, or
more than two years Imprisonment;
creation OF system of trial by COM
missioncd officers before courts com
posed of commissioned officers and Of
enlisted men before what would in
practice be juries Of enlisted men with
a qualified officer presiding as Judge;
creation OF power for revision of
indlngs, and sentences for legal error.
to be lodged in the War Department;
and PRONUNCIATION of verdicts of ac-
Qulttal in open court, with immediate
release Of defendants.
Colonel Ansell replied that Judge
Gregory's statement indicated that the
committee already was arriving at the
conclusion that radical amendment of
the military legal practice is neces
sary. The broad result of the adoption
OF policy such as the chairman had
outlined, he said, would be in his opin-
ION TO reduce the number of courts
martial in the army by at least one
Officers Near Clash
Something in the nature OF a clash
occurred between Colonel Ansell and
colonel Hnkley, Of the committee
over the formers desire to submit alb
s;racts of one hundred cases taken
from the records of the Clemency
Board, of which Colonel Ansell is the
head. Colonel Hinkley said he would
rather spend the time discussing rem
edles with Colonel Ansell, as the com
mlttee understands very we'll that
there have been many excessive SEN
tences' and already had many instances
IN its records.
81 am not talking about excessive
sentences Colonel Ansell replied.
hat is where we get off the track"
Colonel Hinkley said he understood
also that there were many instances Of
badly tried eases.
There are great numbers of cases ="
Colonel Ansell said, "whcre they have
oeen so poorly tried that no human be-
ing can now say that the trial sus-
tanned the punishment" He added that
he would talk Of cases of this sort On
the thousands" If necessary.