The sun., 1919-08-28
CITESCAVELL CASE,
URGING LAW CHANGE
Minority of Military Commit
tee Of Bar Association Empha-
sizes Shooting of Nurse.
OPPOSES DEATH PENALTY
Entire Body in Accord on the
Question of Putting Law
yer OH All Boards.

yer OIL All DOdEuS.
BALTIMORE, Aug. 27.-The putting to
death 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 civilized
warfare" according TO minority report
of the committee OH military law OF the
American Bar Association, made public
here to-day Both majority and minor
ity reports were prepared by the COM
mittee, which was appointed to investi-
gate courts-martial 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 was concurred in by William p.
| Bynum of Greensboro, N c., the other
minority member, in advocating aboli-
ton of the death penalty for women
convicted of infringing military law.
In his report Mr.. Gregory said:
"a careful consideration of the case
of Miss Edith Cavell. 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 that she was ex-
ecuted In accordance with the laws ana
usages of what we are pleased COM
monty TO refer TO as civilized warfare
Points Out Inconsistency.
This being so It has seemed to me
quite inconsistent. with our condemna-
ton 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 duplcity
which commonly marked the exercise OF
military power by the German command
does not alter this aspect of the case.
This is not a subject upon which l de-
sire to reason at any length, for 1t Ia one
as to which the impulses of the heart
can much better be relied upon than any
sophisticated and artificial reasoning.
For US to take any other course. 1t
seems to me, Is to impeach our sim
| certify and go0d faith in criticising 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 responsible
for it, as well as sympathy for good
and worthy woman, than any well con-
sidered judgment IN the matter"
The majority members Of the COM
mittee, Andrew A. Bruce OF Minneap-
oils Martin Conboy of New York and
John Hinkley of Baltimore, wrote that
they could not concur in the suggestion
of Mr. Gregory, that there should be a
, provision prohibiting the death penalty
| in the case of woman spies"
at would certainly be inadvisable
| unless such n provision were in the
| codes of all the nations with whom we
| would be likely to be at war" they said.
I'VE could not afford to be thus handi-
capped. We agree thoroughly that the
penalty should not be inflicted except in
| the most extreme cases, but that 1t
should be abolished entirely we cannot
agree Experience has shown that on
| account of the sex lure women are the
| most dangerous Of all spies, and our
| chivalry toward some should not allow
US to jeopardize the national cause or
the lives Of thousands Of the sons of
others"
The majority also declined to concur
| In recommendations of the minority that
| enlisted men sit on courts-martial and
that special counts be abandoned. The
! majority report asserted that although
I'VE believe some changes should
! be made, We are satisfied that the
| errors which were committed during the
recent war and the excessive penalties
which were 10 doubt often imposed
were due largely to the lneXperience of
those in control and to the fact not
only that we had of necessity to train
an officer class over night for our VOL
unteer army, but that our practice IN
the past Of scattering our regular army,
! divided into battalions, companies and
even smaller units over the country. had
| made II impossible TO train properly
even our West Point officers.
| we are thoroughly in accord" the
majority report continued, with the
idea that there should be with each di-
vision, brigade and perhaps regiment
thoroughly trained military lawyer,
with the rank perhaps Of Lieutenant
| Colonel, who should serve either as n
| presiding judge or as adviser at all
courts-martial."
The minority members also favored
having a lawyer or courts-martial. say
ing that president judge advocates
should be appointed by the President
with the rank of Major or higher. who
should be lawyers Of suitable qualifica-
tons"
The majority makers report recon-
mended that more care should be 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 adequately de-
Tended and that the eXtenuating circum-
stances were not properly brought out.
The majority members of the com
mittee also urged that greater efforts
be made to cut down the time taken In
bringing prisoners to trial in order to
IL ssen their period of confinement in the
suardhouse. I'VE are satisfied that their
associations in the guardhouse have
ruined many a fine soldier" they said.
Messrs Bynum and Gregory advo-
Gated that the President within four
years from the time any judgment OF a
general courts-martial and any final or
der of a medical, efficiency or other re-
firing board has heretofore been en-
tered, be empowered to review. revise.
modify and reverse in whole or In part