The evening times., 1899-11-11
ARMY Death PENALTIES
The President May Not Interfere
in the Philippine Cases.
OniciaIs Expect That the Four Com
demned soldiers VIII he Executed.
Stringent Laws for the punishment
of Offenders Against Military Dis
cipIine-Some Former Convictions.

1t was intimated today that the President
would not interfere in the cases of the
four soldiers who have been sentenced to
death in the Philippines by courts-martial
convened by General Otis, and that the
condemned men would be executed. Three
of these men were convicted of criminal
assault. The names Of the four soldiers
and their companies and regiments are as
follows: William E. Scarborough, Company
B, Third Infantry; Peter McBennett, Otto
Conine. and George Dauphoffer. all of Com
pany B, Sixteenth Infantry. The informa-
tion made public does not state which three
OF the four are charged with assault.
The crimes with which the men are
charged are regarded as being especially
serious. in view of the effort being made
by the Government to convince the Filipi-
nos of its ability to protect their rights.
Judge Advocate General L:eber through
whose hands the papers have passed, will
not discuss the cases, and the possible
extenuating circumstances, if there are
any, are not known
The code of military laws in force in
the regular army is taken largely from the
British, and is practically as it was in the
names the punishment; for the offence
charged against the men reads as follows:
ARTICLE IS. In time of war, insurrection,
or rebellion, larceny, robbery, burglary,
arson. mayhem, manslaughter murder, as
sault and battery with an intent TO kill,
wounding, by shooting or stabbing. with an
intent TO commit murder, rape, or assault
and battery with an attempt TO commit
rape, shall be punishable by the sentence
of general court martial, when COM
mitted by persons in the military service
of the United States, and the punishment
in any such case shall not be less than the
punishment provided, for the like offence,
by the laws of the state. territory or dis
trict in which such offence may have been
committed"
The military laws for the punishment of
various crimes, and the crimes for which
death is imposed, are as follow:
Art. q. Any officer or soldier who. on
any pretence whatsoever strikes his supe-
rior officer. or draws or lifts up any wea-
pom, or offers any violence against him,
being in the execution of his Office or dis
obeys any lawful command of his supe-
ricr officer shall suffer death, or such
other punishment as a court-martial may
direct
Art %. Any officer or soldier who be-
gins eXciteS causes. or joins in any mu-
tiny or sedition, in any troop, battery,
company, party, post, detachment, or
guard, shall suffer death or such other
punishment as a court martial may direct.
Art. 90. Any officer CT soldier who, be-
ing present at any mutiny or sedition, does
not use his utmost endeavor TO suppress
the same. or having knowledge of any in
tended mutiny or sedition, does not, with
out delay. give information thereof to his
commanding officer, shall suffer death. or
such other punishment as court ma ,ial
may direct.
Art 39. Any sentinel who is found
sleeping upon mis- POST, or who leaves it
before he is regularly relieved, shall suf-
fer death. or such other punishment as
a court martial may direct.
'.Art. IL. Any officer who. by any means
whatsoever, occasions false alarms in camp,
garrison. or quarters, shall suffer death, or
such other punishment as a court martial
may direct.
Art AZ. Any officer or soldier who mis-
behaves himself before the enemy. runs
away, or shamefully abandons any fort.
post, or guard, which he is commanded to
defend, or speaks words inducing others to
do the like. or casts away his arms or am
munition or quits his post or colOrs 10
plunder or pillage. shall suffer death, or
such other punishment as a court martial
may direct.
Art. 43. II any commander of any gar
rison, fortress, or post is compelled, by the
officers and soldiers under his command, to
give up to the enemy or to abandon it,
the officers or soldiers so offending shall
suffer death, OF such other punishment as
a court-martial may direct
Art. a. Any person belonging TO the
armies of the United States who make
known the watchword 10 any person not
entitled TO receive it, according 10 the rules
and discipline Of war. or presumes 10 give
a parole or watchwort different from that
which he received, shall suffer death. or
such other punishment as a court-martial
may direct.
Art. i5. Whosoever relieves the enemy
with money. victuals, or ammunition, or
knowingly harbors or protects an enemy,
shall suffer death, or such other punish
ment as a court-martial may direct.
Art. 46. Whosoever holds correspond
ence with, or gives intelligence to. the
enemy, either directly or indirectly. shall
suffer DEATH or such other punishment as
a court martial may direct.
Art. Sc. Any officer or soldier who does
violence TO any person bringing provi-
sions or other necessaries to the camp, gar
rison, or quarters of the forces of the
United States in foreign parts. shall suf-
fer death. or such other punishment as a
court martial may direct.
Art. 81. Whosoever. belonging to the
armies of the United States in foreign
parts, or at any place within the United
States or their Territories during rebellion
against the supreme authority of the
United States, forces a safeguard. shall
suffer death.
Art. AZ. Any officer or soldier who. hav-
ing received pay, or having been duly en-
listed in the service of the United States,
deserts the same, shall, in time of war,
court martial may direct; and in time Of
peace any punishment, excepting death.
which a court martial may direct.
Art. 40. Any officer who. having ten
dered his resignation, quits his post or
proper duties, without leave and with in
tent to remain permanently absent there
from, prior to due notice of the acceptance |
THE WOONC MFDTT