804 ESTABLISHMENT OF MILITARY JUSTICE.

public were only made acquainted with the fact that the mere imposition of a
sentence means practically nothing, it would aid, it seems to me, in placin g
the office in a very much better position . I went to Gen . Crowder and expressed
myself as I have expressed myself to you . I asked him for permission
to make public a memorandum prepared by Col . Wigmore on the subject o f
the administration of military justice, and was told it might be used . Afte r
taking up the matter with the correspondent of the New York Times, Gen .
Crowder concluded that the memorandum had better be made public by Senato r
Chamberlain .
Q. Was that memorandum prepared by Col. Wigmore sent to Mr . Chamber-
lain?A . Yes ; it was sent to the Secretary, and by the Secretary sent to Mr.
Chamberlain .
Q . That ali was made public?A. It was put in the Congressional Record ,
but otherwise not made public.

EXHIBIT 16 .
MARCH 17, 1919.
Q. Give your full name, rank, and the duties upon Which you are engaged .
A . William H. Kirkpatrick, major, a member of the board of review, Judg e
Advocate General's Office, second division .
Q. How long have you been on duty in the Judge Advocate General's Office?
A. I was commissioned August 27, 1918, and reported on September 6, 1918 .
Q . Have you been on duty during this period continuously in the division o f
military justice?A . I have .
Q . Under the military code as it now exists does the organization of th e
Judge Advocate General's Office, in the division of military justice operate effi-
ciently and effectively in guarding the rights of officers and enlisted men?A. I
should say that it does ; without the slightest question .
Q. The protection which the present system gives compares how, in you r
mind, with the protection given in cases tried by civil courts? I am speakin g
now of the appellate end of it .A . Speaking merely from the standpoint of th e
appellate authority, I should say that the accused receives fuller protectio n
under the present system than does the accused in the civil courts . The only
restriction that I meant to make was that I was confining what I say to the
appellate end of the proceeding.
Q . State briefly what you have in mind .A. I think that the entire system o f
military justice as administered within my experience, works more efficientl y
and more successfully than justice as administered in the civil courts, for th e
reason that it has removed a great many of the technical protections, so called ,
which the accused in civil court proceedings may avail himself of, and thereb y
frequently defeat the ends of justice .
Q . In your observations has this controversy in any way reacted to affect th e
morale or efficiency of the division of military justice of the Judge Advocate
General's Office?A . The controversy has, of course, created differences o f
opinion in the office, but so far as I have observed has not resulted in lowerin g
the morale or creating dissent .
Q. Have these differences in opinion and discussions resulted at all in per-
sonal unpleasantness in the relations of the officers, between themselves or th e
officers and either Gen. Crowder or Gen. Ansell?A . Only to this extent, sir :
That I believe there is some feeling that the published reports of Gen . Ansell's
testimony did not do justice to the work which has been done by the officers o f
this division . I say the published reports, because every time I hear it discusse d
it has been with the reservation that Gen . Ansell, in his actual testimony, ma y
have actually done full justice to the work of officers in the division . I don't
think that at any time Gen . Ansell has been charged with the full newspaper
reports.
Q . You say justice has not been done to the officers on duty there . What is
the office general opinion as to whether or not justice has been done to th e
functioning of the office?A . If you please, General, I (lid not say that i n
my mind justice has not been done, but that discussions were based on the
fact that the newspaper reports did not do justice to the work, according t o
Gen . Ansell's testimony . What I mean to say is not to the officers themselves ,
but to the work which they have done . in that the newspaper reports have, of
course, dwelt upon the crudities of the actual court-martial proceedings an d
did not make anything of the corrective action taken in the office here .