The times., 1899-11-12
SOLDIERS MAY BE SHOT.
Four of otis Men Under Sentence of
Death for Grave Crimes.

Four of Otis Men Under Sentence of
Death for Grave Crimes.
The four soldiers who have been con-
demned to death by General Otis, after
trial by court martial in the Philippines,
it is believed. will be executed Their
cases were referred to President Mckinley
some time ago. and at the time there was
a general belief that the execution of the
death sentence would be stayed by him.
il was intimated yesterday. however, that
the President had practically decided not
to interfere in the matter.
Three of the condemned soldiers were
convicted Of criminal assault, and in view
Of the effort being made to convince the
Filipinos Of the ability of this Government
TO protect their rights, the carrying out of
the sentence is thought to be necessary.
The names of the four soldiers AM their
companies and regiments are as follows:
William Z. Scarborough. Company B, Third
Infantry; Peter McBennett. Otto Conine.
and George Dauphoffer all of Company B,
Sixteenth Infantry. The information made
public does not state which three of the
four are charged with assault.
Judge Advocate General Lieber, through
whose hands the papers have passed. viii
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, ana is practically as it was in the
days of the Revolution. The article which
names the punishment for the offence
charged against the men reads as follows:
article 5S 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 a 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" F"
The military laws for the punishment of
various crimes and the crimes for which
death is imposed, are as follow:
Art. p. ANY officer or soldier who on
any pTetenCe whatsoever, strikes his supe-
rior officer. or draws or lifts up any wea-
pon, or offers any violence against him,
being in the execution of his Office, or dis
rior 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 sediton. in any troop, battery,
company, party, post, detachment. or
guard. shall suffer death or such other
punishment as a court martial may direct.
r Art g. ANY officer or soldier who, be-
inc at tiny rl-E pdi
not use his utmost endeavor 10 suppress
the same, OF having knowledge of any in
tended mutiny or seditioH, does not, with
out delay. give information thereof TO bis
commanding officer shall suffer death or
( such other punishment as a court -m8r.Ial
may direct.
Art 90 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 A. 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 y. Amy officer or soldier who mis-
I behaves himself before the enemy, runs
away, OF shamefuly abandons any fort
post or guard which he is commanded TO
( defend or speaks words inducing others 70
Go the like. or casts away his arms OF am
munuion, or quits his post or colors 10
plumber or pilage shall suffer death OF
such other punishment as a courtmartial
may direct.
Art 43. If any commander Of any gar
Tison, fortress. OF 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 or such other punishment as
a court martial may direct
Art "A. Any person belonging TO the
armies of the United States who makes
/ known the watchword 70 any person not
! entitled 70 receive 1t, according TO the rules
and discipline OF war, or presumes 10 give
/ a parole or watchword different from that
which he received, shall suffer death, or
/ such other punishment as court-martial
/ may direct
Art 45. Whosoever relieves the enemy
with money, victuals. or ammunition, or
knowingly harbors or protects an enemy,
shall suffer death, or such other punish
meut as "a cOurt-martial may direct.
Art. 40 Whosoever holds correspond
| ence with. or gives intelligence TO- the
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