Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1919-02-21
SAYSCGURTMARTIAL
IN ARMY UNFAIR
Accusation BY Officer
Equivalent to Convic-
ton. Lyon Says
PRIVATES FEAR TO
DENY TESTIMONY
BY c. C. LYON
n. E. A. Sian Correspondent Who Was

with the u. s. Army In Europe.
Thousands Of boys who fought In
France are now returning TO America.
bitter In their complaints against what
they term the injustice and severity OF
courimartlal sentences.
Since my own return home, numerous
cases In American training camps have
been called 10 my attention.
A number OF officers with strong
democratic leanings have told me that
the court martial system Is a relic OF
by-gone centuries and that now Is the
time to change It.
II Is not up TO me to prove the court
martial system either good or bad, but
here are some OF the charges that are
being made by enlisted men generally
and by some officers:
That charges are always preferred
against an enlisted man by an onicer
and that these charges are always in
vestigated by another officer;
That II Is automatic in the army that
the officer who brings the charges Is
always right and the accused enlisted
man always wrong ;
That the AFFIDAVIT Of an enlisted man
against the AFFIDAVIT Of an officer In a
court martial preceding is worth moth
ing;
That the very atmosphere Of courts
martial is such that an accused enlisted
man and enlisted men witnesses are
scared and cowed from the very begin
ming;
That both enlisted men and officers
hesitate TO testify In behalf Of the &C
cused enlisted man, fearing dlspleasure
OF the officer who has brought the
charges and those officers who com
pose the court:
That an enlisted man frequently ilnds
L very difncult in securing the services
OF some officer 10 defend him, and then
the officer Is seldom. II ever. a lawyer
That the general air OF court martals
Is that the accused Is always guilty anc
that Il is up to him 10 prove himself
innocent;
That court martial cases are not pre-
pared or presented In a way calculated
to protect the interests OF an enlisted
man;
That the average court martial sent
ence Is entirely too severe TO NJ the Oh
tense charged.
OF the scores Of cases wherein tn
unfairness and injustice Of army cour
martia's are claimed, which have beer
called TO my attention, Will cite onll
a few as typical;
A Southern boy Of a good education
and family was sentenced TO be dis
honorably discharged and 10 forfeit al
pay and allowances and TO serve Nv
years IN an army prison. As a sergean
he was detailed to conduct numbe
OF men from a training camp to an Al
lantic port. The post commander, befor
the party left, gave the sergeant none
to buy coffee enroute for the mer
When he returned 10 the training cam
he had balance Of about SOB uneXpend
ed for coffee. Because he waited 2
hours before going TO the ONCE OF IN
camp cashier and turning this none
IN. he was arrested, charged VIII
fraudulently attempting to convert hi
money TO his own use.
This boy, having more spunk ina
the average boy who faces court ma
tials. refused to accept the sentence an
carried the case from one higher au
thority TO another until 1t reached Gen
eral Enoch Crowder, then judge adVo
cate general at Washington.
In a long written opinion which
have read General Crowder says:
"The evidence Of record in this cas-
fails 10 prove felonious intent on tn
part OF the accused at the time tn
money was collected or any fraud In oh
tanning possession thereof. In fact, quit
the reverse Is proven. AS the recon
stands. therefore. the accused has nc
been convicted on any legally suflicien
specification and It Is recommended tna
he be released from confinement an
restored 10 duty"
THIS would seem 10 give the accuse
clean bin Of health. yet the fact r.
mains that today, some months ate
General Crowder rendered this hnal d.
cislon, the boy Is still on duty as
private. The officer who brought IN
charges and the officers who tried hil
still refuse 10 restore him to his FOL
mer rank OF sergeant.
Another boy was given three montr
In the guard house for being abseI
four months without leave. Some tin
later this sumo boy was given fl'
years at Fl. Leavenworth militaT
prison by another court martial for b.
ing absent 60 days without leave.
A sergeant was brought before
court martial charged with being drum
Two officers swore that he was n
drunk because they had seen him ar
talked with him during the time al
other officer charged him with beir
drunk, yet he was convicted and give
three months. The chief eviden