The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-06-11
DESERTIONS IN THE ARMY.
SOME INTERESTING CASES BEFORE
THE VAR DEPARTMENT.

One Il That of n Man Who Deserted from
tho Infantry, Joined the Cavalry and
Served ~ Years-A Soldier in the Army
Who Deserted from the Navy in His Youth
WAsHINGToN. June l0-The war with Spain
has resulted in several interesting cases be-
fore the War Department. In 7olving the status
IF enlisted men Of the army who deserted from
one branch Of the service to Join another. Al
ready several Of these cases have been acted
upon. but little eniency has been shown men
who have been tried for deserton. Only re-
Gently a private of Battery: A. Seventh Artil-
lery. was tried by court martial at Fort Slo-
cum. y. Y. and found guilty Of des.rton and
fraudulent enlistms In the Thirteenth Infan-
try under the name of Thomas Lawless. He
was sentenced to BE- dishonorabyIdischa
forfeit all pay and allowances and enc years
confinement at hard labor. Gen. Merritt. In
reviewing .the case. said that the sentence
was Inadequate to the offences OF which the
prisoner was convicted but in order that the
prisoner might not escape punishment entirely
the sentence was approved.
There are several interesting cases now
nendine before the War Department involving
similar circumstances. One is that OF Otto
Volt. who enlisted in the Thirteenth Infantry
on Doc /. 1854. and deserted after about NJ
teen months service. lie enlisted for five-
year term as Frank May in the!Seventh Cav
airy. ten months after his desertion. and was
honorahly discharged at the expiration Of this
enlistment. He re-cnlsted for another Ave-
year term. and after serving about one year he
surrendered as n deserter. taxing advantage
OF a proclamation OF the President granting
pardon to dessrtsrs under such circumstances.
He was compelled to ON pete the balance OF his
three veal enlistme nt to dowhich he was trans
ferred to the Seventh Cavalry and served con
tinuously 81 years months and - days. Volt
made application for retirement. which atflrst
was rejected by the War Department. but later
granted. This action against his retirement
| was based on a curious theory that a soldier
who served in one regiment while dssertsr
from another organization had not served, In
this the War department was not sustained
and n retirement was granted Volt:
Then another difficulty arose. BY deciding
| serve in the seventh Cavalry before surren-
d-ring as deserter it was made necessary TO
service until he had ed two years after he
| had comp!etel the & lree-year tenn from which
this three year term atter, he syrrenLered.
| but he did not cumnlete the additional TWO
years until oct =. 1871. The denartmeqt he'd
serve In the seventh Cavalry while n deSerter
from the other organization. he was not en-
| titled to the extra pay per month which is al
lowed TO men on re.cnlietment. He had re-
! ceived. this extra money. however and before
he was allowed to retire vas compeled to re;
fund to the Government all of his additional
| nay drawn by reason Of continuous service
| Volt has now APPLIED to the Government to
! have this money refunLrd.tn hims he ground
| that his service was continuous and valuable
| to the Government.
| An equally interesting case relating 10 an
| enlisted man OF the army has lust Deun called
| to the attention OF both the Navy and War de-
partments Nearly twenty years ago u youth
ran away from h)me aud enlisted IN the navy
as an apprentice. \ lie. day- before tn" eXUi-
| ration Of his term OF enlistment he deserted.
| Some time later he enlisted in the army uH-
| der "A fictitious name, and nos h'ldS Il Irsuun-
| sihe POSITION and has since married. IL"
| would like to resume his prOrrr name. bur i
deferred ftum.'dolng' 50. because Of the: fear
| that by disclosing his proper name he Will I'M.
fu,d the fact that he Is "A deSerter from the
navy I'm unofficial Inquiry hns been made
with a Wow to securing some Information re.
! suoCtlng the manner 10 he pursued By the ~u.-
dior to resume his right name without injury
to nj, present postiou. Inquiry at the Navy
| Department has elected the Information that
he need fear 10 criminal prosecution because
OF his deSertion from the navy.
IL is held that the statute OF limitations pro-
vides against rriminal. procedure against II de-
sPrtar where he made no special ciIort AT CoG-
ceament and has not been .aureGcnded with
in three years after his deserts IL is mel |.
however. that charge OF deserion still an
pears against him as a lart Of his record of his
enlistment in the navy. the fact NJ his having
enlisted In tn. army not operating to condone
the offence. The dsclaratl0 papor signed aud
sworn to ly him prior to .bis. army enlistment