834 ESTABLISHMENT OF MILITARY JUSTICE .

particularly in view of the fact that the charges are, or should be, thoroughly
investigated before he was brought to trial. From my experience on the presen t
board of review I feel that if there is evidence of any want of protection o r
of any miscarriage of justice in any case that it is possible to detect by thi s
office. There are certain standards by which a case may be determined ;
whether it was poorly or well tried . A well-tried case is one in which the prose-
cution made at least a prima facia case and counsel has done for his client al l
that it appears could be done under the circumstances . This appears from
every record of trial as it comes to the Judge Advocate General's Office, and I
believe that if the convening authority in the first instance is discreet I don 't
see how a serious error involving the protection of the accused could happen .
There are only three elements to a well-tried case, if the court proposes to sus-
tain the findings that is apparent from the face of the record . If the court
neglects to duly advise the accused of his rights, the effect of his plea of guilty ,
or makes erroneous rulings in other respects ; if counsel for the accused does
not give protection to the client, it may or may not be discovered from the
record. It is not discovered if certain facts were not brought out, as for in-
sance, the history of the accused, or possibly the immediate cause of his com-
mitting the offense ; the matter of humanity, and if that is not developed t o
advise the court properly why the accused committed the offense, it might no t
be discovered here . This office can not read anything not in the record . Tha t
would be an error of .omission rather than commission on the part of the
accused .

EXHIBIT 29.

Q . What is your name?A. John S . Lyon.

Q . And your duties?A . I am in charge of the General Court-Martial See-
tion of the Judge Advocate General's Office.
Q . I have here a copy of an office memorandum dated April 10, 1918, givin g
an office organization . Can you tell me whether this circular simply con -
firms an organization which was * in existence at the time of its issue or
whether it puts into effect a new organization? This question has reference,
, particularly, to subparagraph A, paragraph 11. A . I think I have seen this
or something similar to this . a time ago. I think it was run off, of course
after the office began to increase in volume of work . They did get up a
memorandum of this kind with instructions as to how to be handled . I think
that that carries about the usual way of the work now as since the war com-
menced . That one particular section is all that I am speaking about .
Q . You doubtless are familiar with the facts connected with the controvers y
which is going on with respect to the Judge Advocate General's Office?A .
Well, I have seen a little in the papers and heard of it ; yes .
Q . Were you on duty in the Division of Military Justice between the perio d
November, 1917, and April, 1918?A . Yes, sir. -
Q. And prior to November?A. Yes, sir ; have been in this office - 17 or 18
years.
Q. Was there any material difference in the character of the duties per -
formed by the senior assistant in the office subsequent to November, 1917, an d
prior to that date?A . Well, I can not say about that - part of it myself.
Q. You handled the papers?A. I know they went through the office and
I am under the impression that he signed them during that time, but I coul d
not be positive whether or not they went to him . I would look at the las t
paragraph which would give me all the information I wanted, and I am unde r
the impression that Gen . Ansell signed them .
Q . Had there been at that timeNovember, 1917any radical change in th e
system of handling these papers? Would it not probably have impresse d
you?A . Well, if there had been any radical change I should have noticed it .
Q . You are not cognizant of any radical change?A . No, sir .

EXHIBIT 30 .

_ WASHINGTON, D. C ., April 21, 1919 .

Col . James J . Mayes, Judge Advocate General's Department, appeared befor e
Maj . Gen . J . L . Chamberlain, Inspector General, and being duly sworn, testi-
fied as follows :