Evening star., 1919-03-29
SPEAKS IN DEFENSE
OF FCOURTS-MART|AL
Lieut.. Col. Smith, Who Was
Judge Advocate Overseas,
Alleges Unfair Criticism.
DENIES MANY CHARGES

lncomDlete and therefore unfair.
descriptions of courts-martial proce-
dure recently given to the newspa-
pers are calculated to create grossly
erroneous impressions in the pubic
mind regarding military courts. in
the belief of Lieut.. o. {. Smith of the
judge advocates department. Col.
Smith has just returned from over
seas. where he served as judge advo-
cate of the 37th and Goth divisions
and assistant judge advocate of
the 3Sd Division. Prior to that
he was judge advocate Of the l2th
Provisional Division on the Mexican
border, and has presided at the trials
of hundreds of soldiers charged with
violations of military law and reg
ulationS.
Il have been sorry" said Col. Smith.
Ito see the statements. from an OIL
Ger of the judge advocates Office. to
the effect that accused soldiers often
have no lawyers and that they nave
no adequate defense. This statement
is not accurate. as a reference TO the
manual of courts-martial will show.
States the Procedure.
when an accused soldier is brought
rights. among which is the selection
of any officer in his command TO de-
fend him. Should he select an officer
with no knowledge of the law ne IS
told this. and the suggestion is made
that he select another officer. In case
he knows no officer with legal train
ing his commanding officer deSignates
such an officer for the defense. In
this way an accused mans rights are
as closely safeguarded as in any civil
court.
LAS to criticisms that have been
made of excessive sentences carry
ing also dishonorable discharge. In
the Washington papers a few days
ago appeared a story OF d man given
e sentence of ninety-nine years i'm
prisonment. with dishonorable dis
charge. the reviewing officer recon-
lnending the dishonorable discharge
be ineffective until expiration of the
sentence. AS matter Of fact this |
was favorable to the accused man. |
Sentences with such recommenda-
tions are in fact indeterminate and |
men so convicted are sent to the dis |
ciplinary barracks at Fort Leaven-
worth. instead of to a Deniten tary.
They may be released and restored to |
duty al any time on a record of good |
behavior. while men given prison |
sentences and dishono-ably dis |
at the same time must serve !
their sentences, without opportunity |
TO make good while under confine- |
ment. |
Other Gas Cited.
Scores of cases that have come be- !
fore NE have been dismissed entirely !
because technicaiities of the manual |
of courts martial were not complied I:
with. and in many of these cases the !;
accused men richly merited punish (!
ment, but escaped scot free |
I'm regard to the statement that |
men in some cantonments received !
much heavier punishment than .other |
men charged with the same offenses /
in other camps, this is readily ex- J
planned. An example is to be found /
1T middle western camp where. on !
one occasion, an entire company |
went absent without leave. re- |
turned to their home town and parad- |
ed. These men were severely pun !
Ished for A. ". O.. L.. while in other |
ca mps men charged with the same !
offense were lightly disciplined.
At Camp Travis an Oklahoma !
man deserted and went home. When |
he was captured and returned he !
told his officers that his wife and !
children were in bad circumstances |
at home. this being his reason for |
without trial few weeks later !
he deserted again and was only |
caught after fight with the officers +
and military police. For this he i
was sentenced to be shot to death |
with musketry. The reviewing board |
the. sentence to ten years |
Imprisonment, but on going to the |
President the entire sentence was !
disapproved and the man was ordered |
restored to duty. Meanwhile. how |
ever. he had attacked the guard at |
scious and escaped, deserting the !
third time.
Explains Purpose of Statement.
my sole object in making these |
Col. Smith said, "is to |
try to remove the erroneous i'm |
pressions created in the public mind |
by previous incomplete statements !
The manual of courts martial needs +!
revision, the same as does any other [
code of laws, if it is to be modern !
iZed: but the manual certainly does |
provide all possible safeguards of /
the rights of accused men and as a J
whole operates with as little injus- !
tice as is humanity possible under all !,
circumstances.
Col. Smith was a practicing attor-
ney in Benton. Ill, prior to his army ;
service. He went as captain of the !
Benton company Of the Illinois Ma
tonal Guard to theme exicaQ border |
in 1916 and has served continuously |
since. He claims the distinction Of /
being the only judge advocate in the |
American Army wearing a wound |
chevron for injury received in |
action. During the battle of St. !