Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-03-11
BALKS AT CIVIL
COURT SENTENCE
Army Circles Interested In
Case Before Supreme
Court
Special to Evening Teller.

Special to Evening Teller.
WASHINGTON, D. c., March H.
Army circles are greatly interested in
a case to come before the United
States supreme court this week., when
that tribunal will be asked to set aside
a verdict of the supreme court of the
Philippines, wherein the action of a
minor court, sentencing a private SOL
dier, Homer Grafton, to IL years in
the penitentiary, was upheld by the
supreme court of the islands. The
case is a peculiar one and involves
many legal points.
Homer Grafton, private in Com
pany G of the Twelfth United States
infantry, was, on July "a, 1904, doing
sentry duty in the little village of
Santo Rosario Ilo 10, P. 1.
/ 1t was Sunday and the natives SEEM
ed unusually restless and troublesome
and boat loads of the women of the
islands had been departing all day
leaving only the men at home The
small company of soldiers in charge
Iof the village were a little nervous ana
/ Private Grafton loaded his rifle and
kept his eyes open.
Towards evening he noticed two
/ Filipinos slouching towards him in a
suspicious manner and saw one of
them draw large bolo knife and slip
1t up his sleeve Grafton, not desiring
to have any trouble with them, cross
ed the street and the two men also
crossed over so as to meet him.
Saw Man With Knife.
The soldier waited then until the
two men were very close to him, when
he claims he saw the man with the
knife make a motion which warranted
immediate action so he raised his
rifle and fired, killing the man with
the knife, and quickly reloading his
gun, he fired and wounded the other
man.
The shooting caused trouble among
the natives, who demanded the life of
the soldier Judge McCabe, of the
court Of first instance, refused to han
die the case stating that it was strict
ly military case and out of hts juris-
diction.
Court Martial Ordered.
A court martial was accordingly
convened and board of army officials
found Grafton not guilty Of murder
and he was freed from arrest.
The natives were not satisfied and
the matter assumed political signtfi-
canoe among the isaMpders and civil
appointees, and Judge Henry C. Bates
and justice OF the peace named Ross,
together with some natives, got up o
complaint accusing tAat soldier OF as
ssassination,
The case was tried before Judxo
Bates and Captain Clarence Netties
of the United States army defended
the soldier. He challenged the. juris-
diction of the court and insisted on q
) both. Every. white witness was fw
the soldier and the only witnesses
against him were two natives who, ac-
cordhg to testimony taken previouasv,
had denied any knowledge OF the fasss
: in the case. Grafton was found guilty
OF manslaughter and sentenced to IL
years in the peniaentiary. 1t was
argued that the native with the boio
was using it to clean his finger nails.
Case Is Appealed.
The testimony taken by the army
makes a volume of several hundred
pages. Major Boushton. chief OF the
law department Of tAs general service
and stan college at Fort Leavenworth,
has taken a deep interest in the case
and with the assistance of others aaa
raised funds with which to prosecute
the case in the supreme court Of the
United States.