Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-08-28
CAVELL EXECUTION
ACCORDING TOLkW
Minority Report of Committee OH
Military Law So
Decides.
LURE OF SEX DANGEROUS
Majority Refuses to Concur in
Mitigation of Death
Penalty.
TBy Associated press1

BALTIMORE August 27-Execution
by the Germans of Miss Edith Cavell.
the English nurse. which aroused the
indignation Of the allied world, was
in accordance with the laws of "civi-
lized warfare" according TO a minor
ity report Of the committee on military
law of the American Bar Association.
made public here today. advocating
abolition of the death penalty for wo:
men convicted OF infringing military
law. Both majority and minority re-
ports were prepared By the committee,
which was appointed to Investigate
court -martials and suggest reforms in
military law.
The reference to the case of Miss
Cavell was made by S. S. Gregory. OF
Chicago, chairman OF the committee,
and VS. concurred in by Judge William
T. Bynum. of Greensboro. y. C..the other
minority member. In his report Mr..
Gregory said:
"A careful consideration Of the case
of Miss Edith Caveil. one of the most
pathetic and appealing victims OF the
great war. whose unfortunate fate has
aroused the sympathy and excited the
indignation OF two continents. has led
me to the conclusion tha. she was
executed in accordance with the laws
and usages Of what we are pleased
commonly to refer to as civilized war
fare.
Aspect of Case Not Altered.
This being so. it has seemed to me
tion OF those who thus took her life
TO retain IN our own system of military
justice those provisions of law which
were relied upon BY the German mill
tary authorities in ordering her eXecu-
ton The mere fact that her trial was
attended by the brutality and duplicity
which commonly marked the exercise
of military power by the German COM
mand does not alter this aspect of the
case. This Us not subject upon which
/! desire to reason at anE-length. for it
is one as to which the IMPULSES OF the
heart can much better be relied upon
than any sophisticated and artificial
For us to take any other course,
II seems to me. is 10 inpeach our SIN
cerity and good faith in criticizing the
German authorities in this regard. and
to warrant the suggestion that such
criticism is inspired rather by the fact
that they. our enemies, were response
considered judgment in the matter"
The majority OF the committee. An
Conroy, OF New York. and John Hink-
ley, OF Baltimore. declared they could
not concur in the suggestion of Mr..
vision prohibiting the death penalty
in the case OF women spies"
InHict Penalty in Severe Cases.
1T would certainly be inadvisa BILE
unless such provision were in the
codes of all the nations with whom
said. We could not afford TO be thus
handicapped. We agree thoroughly
that the penalty should not be in
fiicted except in the most extreme
entirely we cannot agree. Experience
has shown that on account of the
sex lure women are the most danger
Gus OF all spies. and our chivalry to-
wards some should not allow us to
jeopardize the national cause or the
lives OF thousands OF the sons of 9TH
ers"
The majority also declined to concur
in recomm endations of the minority
that enlisted men sit on rt-martials
and that special courts be abandoned.
The majority report asserted that al
though we believe some changes
should be made. We are satisfied that
the errors which were committed dur
ing the recent war and the excessive
penalties which were no doubt often
imposed. were largely due to the in
experience Of those in control, and to
the fact not only that we had of nee
essity to train an officer class over
our practice in the past of scattering
our regular army, divided into bat
talions and even sma, Ter units over
the country had made 1t impossible to
train properly even our West Point
officers"
Favor Military Lawyer.
We are thoroughly in accord" the
majority report continued, with the
idea that there should be with each
division, brigade and perhaps regi-
ment. thoroughly trained military
lawyer with the rank. perhaps, of
lieutenant colonel. who should serve
either a presiding judge or as aides
at all court -martials."
The members also favored having
lawyer on court-martial. saying that
president judge-advocatcs should he
appointed by the President with the
rank of major or higher who should
he lawyers of suitable qualifications"
The majority members report rec
commended that more care should he
taken in obtaining counsel for accused
soldiers.
I'VE are not satisfied that the de-
PENDANTS have not been guilty in the
cases which we have examined" il
said. I'VE are satisfied, however, in
many of them that they were not ade-
quately defended and that the extern
uatinE circumstances were not prop
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