The Londonderry sifter. (South Londonderry, Vt.) 1883-19??, 1907-03-14
PECULIAR ARMY CASE.
Claimed Soldier Shot Filipino in Self
Defense-Court Sentenced Him to
IL Years in Penitentiary'

A legal case of great interest in
army circles will be tried in the
United States Supreme Court in
Washington March II, 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 private
soldier, Homer Grafton, to twelve
years in the renitentiary, was upheld
by the supreme court of the islands.
The case is of special interest to Yer
monters because the action of Judge
Henry c. Bates, formerly of ST..
Johnsbury, is severely criticised.
The case is peculiar one and in
wolves many very important legal
points. The story is told by The
Leavenworth, (Kans.), Post as fol-
lows:
"Homer Grafton, private in
Company G of the Twelfth United
States Infantry, was, on the Oath
day of July, 1904, doing sentry du-
ty in the little Bario of Santa Ros-
ario, Iloilo, P. 1. 1t was Sunday
and the natives seemed unusually
restless and troublesome and boat
loads of the women of the village
had been departing all day. The
small company of soldiers in charge
of the Bario were a little nervous
and Private Grafton, contrary to
custom, loaded his Krag and kept
his eyes open.
Towards evening he noticed tw c
Filipinos slouching towards him in q
suspicious manner and saw one OF
them draw long bolo knife and slip
it up his sleeve. Grafton, not desir-
ing to have any trouble with them
crossed the street and the two men
also crossed over so as to meet him
The soldier waited then until the two
men were very close to him, when
he claims he saw the man with the
knife make an action which warrant
ed immediate action so he raised his
rifle and fired, killing the man with
knife and quickly reloading his gun
fred and wounded the other man
before he could make many steps
"The result of the shooting was &
great outcry among the natives who
demanded the life of the soldier
Judge McCabe, of the court of first
instance, refused to handle the case
stating that it was strictly military
case and out of his jurisdiction. A
"nnrt-martial was accordingly con-
vened and board of army officers
found Grafton not guilty of murder
and he was freed from arrest
"The natives were far from salts
fed and the matter assumed huge
political significance among the isl
anders, and civil appointees and
Judge Henry G. Bates and JUS
tice of the peace named Ross, to-
gether with some natives, got up a
complaint accusing the soldier OF
assassination. The case was tried
before Judge Bates and Capt. Clar-
ence Nettles of the United States
army defended the soldier. He
challenged the jurisdiction of the
court and insisted on trial by jury
and was overruled in both. Every
white witness was for the soldier
an the only witne sses against him
were two natives who, according to
the testimony taken previously, had
denied any knowledge of the facts
in the case. Grafton was found
guilty of manslaughter and sen.
fenced to twelve years in the peni.
Tertiary. 1t was argued that the
native with the bolo was using it tc
clean his finger nails.
"The case was carried to the SUI
preme court of the Philippines and
was upheld by bare majority. The
testimony taken by the army makes
a volume of several hundred pages.
"The case promises to be very
interesting one from legal stand
point as there are some big problems
involved. 1t has long been rumored
that there is bad blood between the
civil authorities sent to the Philip
pines and the military and it is ex
pected that this case will develop
strong evidences of carpet bag gov
ernment"
The Army and Navy journal con-
tains the following:
"Private Grafton's position is one
of extreme embarrassment. A sol
dier of excellent record, he is in
prison in Manila under sentence of
twelve years imposed by civil court
for acts which, in the judgment of a
court-martial, were performed in line
of duty.
"The United States government,
whose servant he was, has done and
will do nothing to place his case be-
fore the United States Supreme
Court, the tribunal which, it is be-