New-York tribune., 1922-06-06
Maj. Nicholson
Is Found Guilty
OF Misconduct
Court Martial Orders Him
Denoted Fifty Files for
Action Unbecoming an
Officer and a Gentleman
Other Charges Fall Down
Defendant Tesiifies Gencr.
al Sladen Inspired Plan
TO Dust Him From Army

CAMP DIX. y. j.. June 5.--Maior
Malcolm Wheeler Nicholson, who has
been on trial by court martial mere.
charged With writing TO President
Harding that Prussianism existed In
the American army, being absent with
out leave and making false statements
70 obtain passes. was found guilty this
evening OF conduct unbeeoming an
officer and a gentleman.
He was sentenced 10 a reduction of
fifty hles, which means that hfty off,
GERS junior 10 him In the service will
be eligible for promotion ahead OF him.
He was found not guilty on the charges
OF absence without leave and making
false statements.
As 70 the remaining charge, that o.
writing 20 the President that Prus-
sianism existed in the army, Major
Nicholson eheerfully acknowledged the
fact. but insisted that he was within
his rights and was acting for the best
interests OF the national defense. His
counsel argued also that Major Niehol-
son was within his constitutional
rights, but Lieutenant Colonel Allen j.
Greer trial judge advocate replied that
when a soldier took the oath OF allegi-
snce he waived his constitutional
rights.
Ready to Take Consequences
IL fought out the issue with my
conscience" said Major Nicholson on
the witness etand. "and reached the
conclusion that IL was moral coward
who would not point out dsngers 70
the national defense. There were lott
/ OF things that we're un-American and
| dangerous, so I decided 10 get them
before the President and take the con-
sequences"
Major Nicholson testified that IL was
/ his present intention 70 leave the
service. but that he would not do so
while there was a blot on his record
His friends regard the finding Of the
court as a victory for him.
An effort was made 70 prove that
Major Nicholson. who was shot in the
head BY accident AZ Camp Dix about
year ago, never had fully recovered
/ from the effects o. the wound. but the
medical commission which examined
him reported that he was in perfect
mental health, had a very high type
OF intelligence" and was very thor
oughly responsible
/ Major Nicholson testified that Major
General Frederick Sladen inspired q
cliaue which endcavored TO force him
out Of the army. General Sladen was
I his commander az Coblenz and Major
/ Nicholson said he had trouble with him
and was reduced in consequence from
/ Glass A 70 Class B. An army board az
Washington reinstated him IN Class A
I he said. but subsequently he was re-
daced TO Class 3 and then 20 CLASS 1
Served in Philippines
He has been an officer since 1912 and
vas in the Philippines with the stn
Cavalry when the United states en-
tered the war. He was sent TO Siberia,
with General Graves. He remained
there for several weeks and then was
ordered back 20 the United states.
After the armistice' he served in
France. Germany. England and Scot
land. He held the rank OF major IN
Siberia, ana when he returned to the
United States from Coblenz was re.
duced 10 that Of captain, being restored
70 the rank Of major when the army
was reorganized in June, 1920.
His counsel dwclt upon ms r'ght o.,
free speech and referred 20 the round
robin which Colonel Roosevelt signed
in Cuba. The trial Judge advocate
asserted that Major Nicholson was an
obstructionist and never made con-
structive suggestion.