The New York herald., 1922-06-06
Col. Roosevelt's Precedent
in Signing Round Robin
From Cuba Cited.
PRISONER NAMES FOES
Says He Has Spent $4,000 in
Defending Himself From
Persecution Of Superiors.

Special Dispatch to THE NEw York HERALD
CAMP DIX, n. J., June 5.-Major
Malcolm Wheeler Nicholson. who wrote
to President Harding in February
charging that "Prussianism" exists in
the regular army, was found guilty of
this technical violation of army regu-
Yations by a court-martial at Camp
Dix to-day. On more serious charges
involving his discipline and integrity
Wheeler Nicholson was acquitted on
all specifications.
TIE accused had acknowledged fully
his Endorsement to the Presidents let
ter so that the findings of the court
are regarded by his friends in the
service as a victory.
For violation of the Ninety-sixth
Article of War in writing and publish
ing TIE Presidents letter, Major
Wheeler Nicholson was sentenced to
be put back in the line Of promotion
behind fifty other majors whom he
now ranks.
Threat to His Counsel.
Much of the credit for the acquittal
Isj due to the handling OF the Majors
case by Major Godfrey r. Fowler. Of
the Twenty-sixth Infantry, his military
counsel The suggestion that certain
influential personages in the War De-
partment might hold it against his
counsel for defending him was injected
into the case by Major Wheeler Nichol-
son. who declared a previous counsel had
been dismissed from the service. In his
closing argument Major Fowler declared
he had no fears OF reprisals for having
cone his duty" He said:
Il was ordered to represent the ac-
cused and undertook the task over my
protest / do not believe any officer
OF the American army has anything
TO fear from doing his duty"
The name OF Theodore Roosevelt was
mentioned by Major Fowler to prove
that Major Wheeler Nicholson was not
without precedent in appealing to the
War Department and to the President.
II was recalled that Col Roosevelt COM
rnanding his regiment In Cuba, had at
tached his signature to the famous round
robin protesting against keeping Amer
tcan troops in fever swept Cuban camps.
Accused Major "Reckless."
For the prosecution, Lieut.-Col Allen
j. Greer, trial judge advocate, said the
whole cose OF Major Wheeler Nicholson
could be summed up in the title OF
the song, Everybody out of Step but
jim" He declared the accused's state
n.ents in the letter to the President and
his subsequent utterances showed amaz-
ing recklessness. He said:
According to Major Wheeler Nichol-
atf m rai n ip,
has been tyranny. Any orders applying
to him which he does not like he has
styled Prussianism.' whatever that may
mean. The service at large, apparently,
has meant nothing to him. He magni-
fies continually his own Importance"
Col. Greer said every officer recog-
nized that the army system Is not per-
feet, but that Major Wheeler Nicholson
had not offered single constructive
suggestion. He went on
THE army is not rotten. 1t has shown
in the late war splendid record of ac-
complishment"
The suggestion that Major Wheeler
Nicholson might have been suffering
from shock and nervousness OF a nearly
fatal wound when he wrote to President
Harding was introduced, but surgeons
OF a medical board reported that the
accused was mentally normal. Major
Wneelcr NICHOLSON was SnOl III tne
head last winter when he was mistaken
by guard and fired on.
Did what Conscience Dictated.
As the only witness in HE own de-
Tense the Major admitted writing to
President Harding, but said he felt he
was within his rights. He added:
IT fought out this issue with my con-
science and reached the conclusion that
II was n moral coward wnc would not
point out dangers TO the national de-
Tense There were lot OF things un-
American and dangerous ard I decided
tc get them before the President and
take the consequences"
Tie Major said II was his intention TO
leave the service soon but that he had
refused to go out with a blot on his
military record.
Wheeler Nicholson also read detailed
record of his service since 1912. showing
service in the cavalry with various regi-
noents anc covering domestic. Philip
pine, Siberian. French, German and
Dutch areas Endorsements OF superior
officers attested 10 his fitness and ef-
ficiency.
Saying he had been bounded by higher
officers the Major named Col IT, g.
Dugan and Gen. Frederick Sladen the
latter in line TO command the West Point
Academy. He said his funds had been
reduced by $4,000 in addition to another
$1,000 contributed by his wife to fight
his legal battles in order 10 remain in
the service.