The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-07-02

From Infantry, Joined Cavalry,
ana Served n YeaRs-SolA1efs In
Army wAo Deserted Trea Navy.
WASHINGTON, June 10-The war with
Spain has resulted in several interesting
cases before the war department. inyolv-
ing the status of enlisted men OF the army
who deserted from one branch OF the serv-
Ice TO Join another. Already several OF
these cases have been acted upon. but lit
tie leniency has been shown men who have
been tried for desertion- Only recently
private of Battery A. Seventh artillery.
was tried By court-martial at Fort Siocum.
n. Y. and found guilty Of desertien and
fraudulent enlistment in the Thirteenth
infantry. under the name OF Thomas Law
less. He was sentenced to be dshonor-
ably discharged, forfeit all pay and al
lcwances and one years confinement at
hard labor. Gen. Merritt. in reviewing the
case, said that the sentence was made
quate to the offenses Of which the prison.
er was convicted, but In order that the
prisoner might not escape punishment en-
tirely the sentence was approved.
There are several interesting cases now
pending before the war department, In
volving similar circumstances. One Is
that Of Otto Volt. who enlisted in the Thir-
teenih infantry on December l. 1854. and
deserted after about fifteen months serv-
ice. He enlisted for fve-year term as
Frank May In the Seventh cavalry. ten
months after his desertion. and was hon
orably discharged at the expiration Of
this enlistment. He re-enlisted for anoth-
er five-year term. and after serving about
one year he surrendered as q deserter.
taking advantage of a proclamation OF the
president granting pardon to deserters
under such circumstances. He was COM
PEELED to complete the balance OF his three
year enlistment, to do which he was trans
ferred to the Seventh cavalry. and served
continuously 81 years months and IL
days. Volt made application for retire
ment. which at first was rejected by the
war department, but later granted. This
action against his retirement was based on
curious theory that a soldier who served
in one regiment while a deserter from an
other organization had not served. In
this the war department was not sustained.
and . retirement was granted Volt.
Then another difficulty arose. BY decid-
ing that Volt did not serve the six years
he did serve In the Seventh cavalry be-
fore surrendering as q deserter. 1t was
made necessary to hold that he did not
complete his FIVE years service until he
had served two years after he had COM
pleted the three-year term from which he
deserted. He had completed, however this
three-year term after he surrendered, but
he did not complete the additional two
years until October 8. 1877. The depart
ment held that. as he did not serve the
six years he did serve In the Seventh cav
airy while a deserter from the other or
ganization, he was not entitled to the ex-
ira pay per month which Is allowed to
men on re-enlistment. He had received
this extra money, however, and before he
iii IA
refund to the government all Of his addi-
tional pay drawn by reason OF continuous
service. Volt has now applied to the gov
eminent to have this money refunded to
him on the ground that his service was
continuous and valuable to the govern
ment.
An equally interesting case relating to
an elisted man of the army has just been
called 10 the attention Of both the navy
and war departments Nearly twenty
years ago a youth ran away from home
and enlisted in the navy as an appren-
tice. A few days before the expiration
of his term Of enlistment he deserted.
Some time lated he enlisted in the army
under a fictitious name. and now holds q
responsible position and has since married.
He would like to resume his proper name.
but is deferred from doing SO because of
the fear that by disclosing his proper
name ne will unfold the fact that he is a
deserter from the navy. An unofficial in
auiry has been made with view to Sc
curing some Information respecting tho
manner to be pursued by the soldier to
resume his right name without injury to
his present position. Inquiry at the navy
department has ELECTED the Information
that he need fear no criminal prosecution
because OF his desertion from the navy.
II is held that the statute OF limitations
provtdeS against criminal procedure
against deserter where he made no spe-
cai effort at concealmeut and has not
been apprehended within three years after
desertion. 1t Is held. however, that a
charge of desertion stlll appears against
him as a part OF his record OF his enlist
ment In the navy. the fact of his having
enlisted in the army not operating TO con-
done the offense. The declaration paper
signed and sworn TO by MIN prior to his
army enlistment does not question an APP
piieant about any previous service in the
navy. although 1t does inquire about pre-
vious service In the army. According to
this form OF declaration II is believed that
he is not guilty of fraudulent enlistment.
because Of concealing the fact that he de-
serted from the navy. and is therefore
guilty of no ofense against the laws and
regulations of the army.
IL is a question not yet decided whether
a man is guilty OF any offense by enlist
aDS utiNSE an asSusHsu name. IN the or
flee Of the judge advocate general of the
army the opinion has been expressed that
this does not constitute fraudulent en-
listment. The officer in question has been
informed that he can probably change his
name without injury TO his position In
the army. He has been advised OF several
ways in which this can be done Should
he write 10 the war Department making
his request and give sufficient reasons for
the change, there is little doubt that his
request will be granted and no further
questions asked On the other hand
should he pursue this course the charge
OF deserton will still tie against him on
the records OF the navy department. To
clear himself Of this charge he has been
advised to write 10 tie Judge advocate
general OF the navy. setting forth in full
the fact of his dssertioH and explaining
his excellent record Of nearly twenty years
In the army, and request through the navy
de partment that the president be asked
to pardon his offense- IL is not unlikely
IN view Of his long service. that he viii
pursue the latter course as the navay
department * inclined 10 look with favor
upon his request IN v!ew 81 his long SER