The Washington herald., 1907-05-28
SOLDIER GOES FREE
GraftOn's Life Cannot Twice
Be Put in Jeopardy.
SLEW WHILE ON DUTY
United states Supreme Court Over
rules Verdict of Island Tribunal.
Year Standardization an Impor-
tant One-Other Case Decided.

No case that has been before the SUI
preme Court for years has so inter
ested the enlisted men OF the army as
that of Homer Grafton, which was de-
cided yesterday.
Grafton was a private In the Twelfth
Infantry, and while on sentry duty al
Buena Vista Landing. Guimares. 2. l.
shot and killed two natives, one Of whom
attempted to rush" him with a bolo
He was tried by court-martsl and ac-
quilted, but the civil court afterward
tried him and convicted him. sentencing
him 10 twelve years Imprisonment fol-
homicide In killing the unarmed native
The interest Of the soldiers in the case
arises from the fact that under that de.
cision they would be liable to punishment
for doing their duty. and would be prac.
ticaily denied the protection OF the flag
which previously had been held 10 cover
the actions OF the enlisted men where
ever they were serving.
The appeal 20 the Supreme Court was
prosecuted on small contributions from
thousands o. soldiers in the Philippines
and in this country, who were greatly
disturbed by the ruling Of the Philippine
courts.
Harlan Gives Opinion.
Justice Harlan. in delivering the court,
opinion. reversing the lower courts and
ordering Grafton released from custody
touched upon only one OF the questions
raised, namely that Of double Jeopardy
upon which the case was decided; the
other claims. as 10 right to trial by jury
and the Jurisdiction Of the civil court,
over offenses committed on a military
reservation. being passed over.
The extension TO the Philippine Islands
by Congress or the constitutional prOhibi
ti0n against placing person twice fl
jeopardy for the same OfenSe. said thc
opinion. applied 10 this case IL the court.
martial had jurisdiction.
II 10 had. 10 is lndisputahle that Us
judgment would be accorded the same
tinality and conclusiveness as 10 the iS
sues involved that attended the judgment
Of civil court. and civil tribunals under
prior decisions Of the court. could not dis
regard the judgments of general court
martial against an accused officer or sol
dieT. As % Jurisdiction. the articles Of
war, he said. gave c1urts-WartIal control
over alI ofenses except capital cases.
There was sonic question as % whether
the eourt-mgTtlal and The civil courts
tried Grafton for the same offense. he
being tried I'm the latter for assassination
while I'm the former it was for maUslaugh-
ter. The identity OF the 0ffenses. how.
ever was 10 bp determined by the facts
Cannot BE Twice Tried.
THE express prohibition of double
jeopardy for the same offeuse means %
Justice Harlan said, that wherever such
prohibition Is applicable. either by opera
tion Of the Constitution or by action Of
Congress. no person shall twice Doe put IN
Jeopardy Of life or limb for the same Of
fcrsc. Consequently, a court proceeding
under the authority Of the United States
cannot withhold from am officer 0r soldier
of the army the full benefit of that
guaranty after he has been tried I'm n
military court 0f competent jurisdiction
vision. has the power 20 prescribe rules
for the government and regulation Of the
army. but those rules must be interpreted
In connection with the prohibition against
d mans being put twice in jeopardy for
the same offcuso The former provision
must not be so interpreted as 20 nullify
the latter
"If. therefore. a person he tried Tor
an ofense in a tribunal deriving its juris-