The times., 1899-06-10
THE LAW OF DEsERTION.
Interesting Cases Before the Wnr
md Navy DEPARTMENTS

nnd Navy Departments.
The war with Spain has resulted in sew
eral interesting cases before the War De-
partment involving the status of 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 leniency has been
shown men who have been tried for de-
sert:on. Only recently a private OF Bat
terry A Of the Seventh Artillery was tried
by court martial at Fort Slocun. New
York, and found guilty of desertion and
fraudulent enlistment in the Thirteenth
infantry under the name of Thomas Law
less. He was sentenced to be tlishonora-
bly, discharged, forfeit all pay and allow
ahces.and TO one years confinement at hard
labor. General Merritt in reviewing the
case. remarked that the sentence award
ed was inadequate to the offence of which
the prisoner was convicted But In order
that the prisoner might not escape pun
ishment entirely the sentence was ap-
proved.
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-
teenth Infantry December l. 1864 and de
He enlisted for a five-year term as Frank
May, in the Seventh Cavalry, ten months
after his desertion. and was given an
honorable discharge at the expiration of
this enlistment. He re-enlisted for an
other hye-year term and after serving
about one year he surrendered as a de-
serter, taking advantage OF a proclama-
ton CT the President granting pardon to
deserters under such circumstances He
was compelled to complete the balance of
his three-year enlistment, to do which he
was transferred to the Seventh Cavalry
and served continuously thirty-one years.
three months. and thirteen days. Volt
made application for retirement. which
at hrst was rejected by the War Depart-
ment, but later granted. This action
against his retirement was based on Gu
rious theory that soldier who served in
one regiment while deserter from another
organization had not served In this the
war department was not sustained and
'oit was granted retirement. Then an
other difficulty arose. BY deciding that
Volt did not serve the six wears ba d;d
serve in the Seventh Cavalry before sur
rendering as deserter, it was made nee
essary to hold that he did not complete
MS hVe years service until he had served
Two years after he had completed the
three-year term for which he deserted. He
mad completed however. this three.year
term atter he surrendered but he did not
complete the additional two years until
octooer .. 1877. The department held that
ne dld not serve the six years he did
serve in the Seventh Cavalry while de-
serter from the other organization. that
ne was not entitled to the extra nav per
month which is allowed men on re-enIist-
ments.
he mad been paid this extra money. how
ever. and before he was allowed To retire
was compelled to refund to the Govern
mnt all OF this additional pay drawn by
reason OF continuous service during that
tiihe- Volt mas now applied to the Gov
ernment to have this money refunded 70
him on the ground that his service yaS
ment- '"e "oSefh-
An equally interesting case relating to
ehiisted men of the. Army has lust been
called TO the attention Of both tho Navy,
and War Departments. @''
Neariy twenty years ago a Youth ran
away from home and enlisted in the Nav
as an apprentice. A few days before tbe
expiration of his term of enlistment he
deserted from the Navy. Some time later
ne enilsted IN the Regular Army under A
~ nvtitious name and now holds a RESPONSE
DIE position and has since married. u now
appears that he would like to resume his
proper name, but is deferred from doing
so because of the fear that by disclosing
MS proper name he will unfold the fact
that he Is deserter from the NAVY
An official enquiry has been made with
view 10 securing some information re-
spectlng the manner to be pursued by the
soldier to resume his right name without
injury to his present position Enquiry at
the Navy Department has elected the in
formation that he need fear no criminal
prosecution because OF his desertion from
the Navy. 1t is held that the statute of
limitations provides against criminal pro-
cedure against deserter where he has
made no special effort at concealment and
has not been apprehended within three
years after his desertion. 1t is held how
ever, that the charge of desertion still ap-
pears against him as part of his record
OF enlistment in the Navy, the fact of his
having enlisted in the Army not operating
to cOndone the offence. 1t appears that
the declaration paper signed and sworn to
by him prior to his Army enlistment does
not question an applicant about any pre-
vious service in the Navy although it does
enquire about previous serice in the Army
According to this form of declaration it is
believed that he is not guilty of fraudulent
enlistment because of concealing the fact
that he deserted from the Navy. and is
therefore. guilty of no offence against the
laws and regulations of the Army 1t is
question not yet decided whether man
| is guilty of any offence by enlisting Under
an assumed name. In the Office of the
Judge Advocate General of the Army. the
opinion has been expressed that this Goes
not constitute a fraudulent enlistment.
The man 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
to the War Department making this re-
quest and give sufficient reasons for the
change there is little doubt that his request
will be granted and no further question.
asked. On the other hand, should he pur-
sue this course the charge of desertioI
will still be against him on the record.
| of the Navy Department. To clear himself
of this charge he has been advised 10 write
to the Judge Advocate General of the Navy
setting forth in full the fact OF his deser
ton and explaining his excellent recorC
OF nearly twenty years in the Army, anC
request. through the Navy Department
| that the President be asked to pardon hi!
offence. 1t is not unlikely. in view Of Lii
| long service that he will pursue the latte
| course. as the Navy Department is inclined
! to look with favor upon his request IL
view of his long service in the Army.
GOVERNOR GAMBLER GRATIFIEI
He Sees the End of the Lynchinr
Fever in GeOrgia.