DID NOT FOLLOW NAVY REGULATIONS I Martial Court-Martial in Schofield Case Fail Failed d to Observe Proper Rules in Trial CRITICISED BY NEWBERRY i Secretary Censures S the lime Members Mem 1111 hrs hers Who Tried Commander of l' l er Washington May 0 fa 1 10 Assistant Assistant Secretary of ot the Navy No Newberry wherry to toda today today to- to da day sharply criticised the members of the court martial which recently tried I Lieutenant John A. A Schofield for neglect of duty In failure to take proper soundings and permitting the torpedo boat destroyer Winslow to torun torun torun run upon a n shoal Schofield pleaded guilty guilt to permitting permitting permitting permit permit- ting the vessel to run upon the shoal and antI to having failed to take soundIng soundIng sound- sound Ing ings to tako take note of ot the standard compass to keep a record of ot the distance distance distance dis dis- tance steered and to take bearings s but he plea pleaded ed not guilty guilt to the charge of neglect of duty dut in connection connection tion lion with these failures The judge advocate general sent sem ent back lInck to the court Its findings that found all the charges eJ l but through h negligence prove proved It reprimand EI Eight ht of or the nine mem- mem of the court sl signed nc a recommendation to clemency based upon the peculiar circumstances of th the case the Inadequate supply of ot navigation navigation navigation navi navi- gation In Instruments furnished antI and the fact that he was the only commissioned commissioned commis commis- on board and anti had been on watch for thirteen hours excepting two intervals of or twenty mInutes each cadI Not ot Guilty of ot X Negligence II In recommending that the thc proceedings proceedings proceed proceed- In ings s be approved but that the plain violation of the court to follow follo the regulations of ot the department be lie dl disapproved dis dis- approved the Judge advocate general genera finds The findings as recorded amount to a declaration on the part of ot the court that an officer who ho disregards substantially all the precautions prescribed by the regulation relating to the handling of ot a naval na vessel li In proximity to dangerous shoals Is no not guilty guilt of or negligence It will ili be re il seen that justice goes b by default w le entrusted to a court that can cnn with such plain facts before It arrive at nt such a weak and Impotent conclusion conclusion sion The assistant secretary of the tho navy in ordering Lieutenant SchofIeld re released ro- ro leased lense from arrest and antl restored to duty says of or the court martial of Court COUlt Martial It is dl difficult to understand the display of obstinacy or thus presented Inasmuch as ns the cour court thereby assumes assume's assumes to put Its own Interpretation in interpretation interpretation in- in of regulations and de de- de- de originally established am and rendered by th the department above the Interpretation placed thereon bj lIy bythe the department Itself For the failure of ot Justice which thereupon ensue ensued and the Injury which the discipline o or of orthe the service must necessarily arll suffer at nt atthe atthe the hands of those to whom It Is entrusted entrusted entrusted en en- trusted and by whom it should be most zealously guarded the court Is responsible The fact tact that an nn officer clearly guilty of ot ver very serious negligence hasby has by the strained and Illogical conclusIon conclusion conclusion sion reached by the court escaped punishment for tor his offenses Is of less consequence than the permanent InJury Injury injury In- In Jury which would result to the selIce service service ser ser- vice Ice should tho the department allow the action of this court to stand as a precedent The department considers It timely to advise martial courts that neglect on the part of ot members of naval courts to uphold the regulations governing governing gov gov- the navy Is a grave rae neglect of or In Its In InjurIous Injurious injurious In- In duty dut and as reaching far jurious effect upon the service as asne ne neglect lect or violation of those regulations regulations regula regula- by officers while In positions of or responsibility 0 I I to ty No 0 Precautions Exercised E It It does not appear that or ordinary seaman-like seaman precautions were exercised exercised exercised exer exer- In the navigation of the vessel and such neglect Is unqualifiedly disapproved dPi dis approved b by the department The publication of ot the following following- remarks in the general court martial ord order r in inthis inthis inthis this case will be a a. sufficient compliance compliance com corn with the sentence of the court The Time department cannot Impress s too strongly upon this officer the necessity necessity sit sity for tor his revising his idea Ideo of dut duty An officer who at the tho outset of his career reer presumes to decide that tIle the regulations of ot the navy do not ref refer r to him can hardly anticipate a successful suc sue naval career and the tho actions of ot this officer have gone far tar toward Impairing the confidence In him which should bo be placed bv by the department in officers of ot the tho navy and he should feel teel most keenly the disgrace of haing having hav ha- In ing his shortcomings published to I ha the service with adverse comment