South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-08-28
JUSTIFIED IN
CAVELL CASE,
SAY EXPERTS
Gar Association Committee
Submits Report of Its
Findings.

BALTIMORE. Md Aug 2s -
Execution by the Germans Of Miss
Edith Caveu. the English nurse.
which aroused the indignation OF
the allied world. was in accordance
with The laws Of civilized war
fare" according 10 a minority re-
port Of the committee ON military
law OF the American Bar associa-
tion. made public here Wednesday.
Both majority and minority reports
were prepared by the committee.
which was appointed 10 investigate
courts martial and suggest reforms
in military law
The reference 20 the case Of Miss
Cavell was made by s. S. Gregory.
. Of Chicago. chairman OF the com
mittee, and was concurred i'm by
Judge William = Bynum OF
Greensboro. y. g.. the other minor
ity member. in advocatiug abolition
Of the death penalty for women
convicted or infringing military
law In his report. Mr.. Gregory
said.
Edith CavcIl Case.
a careful consideration 81 tho
case Of Miss Edith Cavell one Of
the most pathetic and appealing
victims OF the war. whose unfOrtu-
nate fate has aroused the sympathy
and excited the indignation OF two
continents. has led me to the CON
clusion that she was executed in ac-
cordance with the laws and usages
Of what we are pleased commonly
10 refer 10 as civilized warfare
This being so. 10 has seemed to
me quite inconsistent with our con
domination OF those who thus took
her life TO retain i'm our own system
Of military Justice those provisions
Of law which were relied upon by
tho German military authorities in
ordering her execution"
The majority members OF the
committee. Andrew A. Bruce Of
Minneapolis Martin Conboy OF New
York and John Hinkley of Balti-
more. declared they could not con
cur in tho suggestion Of Mr. Greg
orv that there should he provision
prohibiting the death penalty in the
case of women spies"
Decline to Concur.
The majority also declined to con-
cur in recommendation of the
minority that enlisted men sit on
courts martial and that special
courts be abandoned. The majority
report asserted that. although we
believe some changes should be
made. We are satisfied that the err
rors which were committed during
the recent war and the excessive
penalties which were no doubt often
imposed were due largely 20 The in
experience of those i'm control and
20 the fact not only that we had Of
necessity 70 train an officer class
over night for our volunteer army
but that our practice in the past of
scattering our regular army. divid
cd into battaliOns. companies and
even smaller units over the country
had made IL impossible 20 train
properly even our West Point Off
GERS"
we are thoroughly in accord.
The majority replied. with the idea
that there should be with each divi-
sion. brigade and perhaps regiment.
a thoroughly trained military law
yer with the rank perhaps OF lieu
tenant colonel. who should serve
either as presiding judge or as ad-
visor at all courts martial"
The minority members also ia
vored having a lawyer on courts
martial. saying that presiding
tudCe-advocates should he appoint
Cd by the president with the rank
~ motor ar higher who should he
lawyers OF suitable qualifications