El Paso herald. (El Paso, Tex.) 1901-1931, 1916-02-07
SOLDIER TRIED
IN MANY COURTS
10Th Infantryman's Case is
Carried to U. S. Supreme
Court; Acquitted.

Sixteenth infantry, mas ndu the most
remarkable career in the matter Of
court decision. of any man connected
with the United States army
About him gathered all those factors
and elements of law that make for
test case and through an act of his and
decision on that act, the court of
final resorts. the supreme court of the
United States, rendered a decision that
q soldier or an officer may be tried be
fore a general courtmartial if he Is
performing his duties. The decision,
however failed to define the status
of a citizen of the Philippine Islands.
and to this day the Filipino who hap
pens to have a clash with soldier
does not know whether he has final
legal redress or not.
Tried When n Private.
Grafton on July a. 1901, was a
private in the army of the United
States and was tried before a court
martial convened by Brig. Gen. Carter,
commanding the department of the
Visayas, Philippine islands, upon the
following charge and specification;
Charge: Violation OF the 62nd ar
ticle of war, in that Pvt Homer +.
Grafton. Company G. 18th infantry, be-
ing sentry on post, unlawfully killed
Florentino Castro. a Filipino. by shoot
ing him with a U. S. magazine rifle.
This at Buena Vista landing. Guimaras,
2 L, July "a. 1904; also that Pvt.
Homer f. Grafton, being a sentry on
post. did unlawfully kill Felix Villa
nueva, Filipino, by shooting him with
a L. 5. magazine rifle. This at Beuena
Vista"
Civil Prosecution.
The general courtmartial having ac-
quilted Grafton in the latter part of
August, 1904 on November /, 1904 the
court of first instance, United States
district No. 2, began a civil prosecu-
ton Of Grafton under the Spanish law.
This court rendered a verdict against
Grafton of 1 . years and one day on the
charge Of manslaughter.
BY this time the case was heralded
broadcast throughout the United States
army and in the civilian press. The
Army and Navy journal championed
the cause of Grafton in the expectation
that n decision would eventually be
given by the highest tribunal, ia which
offenses committed by soldiers and Of
ficers would be subject to trial by
courtmartial, provided the action was
brought in the martial court Nearly
$1,000 was raised by subscription on
the part of the American soldiers.
To Supreme Court.
The case OF Grafton was then car
ried 10 the supreme court of the Phil
ippine islands and in November. 1905
the six justices Of that court arrived at
a tie decision. In April, 1906. justice
Tracy, of New York. was called to the
the seventh judge. Justice Tracy cast Z
his vote with the three Filipino judges. !
and affirmed the decision OF the lower /
court
More money poured into the fund for |
the defendant and the case was carried |
to the supreme court Of the United |
states. when on May %. 1907, justice {
Harlan reversed the Judgment. with the I
directions to the supreme court OF the !
Philippines to order the complaint to |
be dismissed and the plaintiff dis |
charged from custody
Justice HarIan's Decision.
In his decision justice Harlan said:
1T appears to be settled that the civil /
tribunals cannot disregard the judg-
mentS Of general courtmartial !
against an accused officer or soldier.
if such court has the Jurisdiction TO ?
try the offense set forth in the charge I
and specifications: this, nOtwithstand- !
ing the civil court, II it had first taken /,
hold of the case, might have tried the 1
accused for the same offense or even /
one Of higher grade arising out Of the |
same facts"
Rights Of Army Courts.
AS the matter now stands the su-
preme court OF the United States gives
TO the general cOurtmartial the right |
to try an offender for all the crimes |
cited in article IS in times of war and /
insurrection; and tentatively gives to 4
the general courtmartial the right to /
try soldier in times of peace for an 4
act committed while performing his /
duties. 1t does not however, extend
the jurisdiction Of the courtmartial to I
the soldier or the officer in a criminal
act perpetrated while not performing
n military service.
Like Old Church Cases.
The points involved are quite old and I
have peculiar precedent in the early
between the ecclesiastical !
courts and the general courts of Europe
The church held that she had the right /
alone TO try members of the clergy for
pubic crimes and offenses and for
many ages successfully maintained /
that position As time went on. how
ever, public offender became a pub
lie offender whether he be churchman
or layman and soon the ecclesiastical
courts became concerned alone with
matters.
GraftOn's History.
Corp. Grafton went TO the Philippines |
with vthe Ninth infantry from Pekin.
China. in 1901 In 1902 he returned to
the United States and was stationed at
he Madison Barracks in New York City. I
lie then left the army until 1904. when
IN March OF that year he joined the
18th infantry in Salt Lake City. He 4
was then moved with his regiment to J
The Philippines for service. when in |
July the shooting Of the two Filipinos
He later returned to the /
United States and put in two years
With the 18th regiment at Fort Niagara,
\. Y, and three years with the 26th
infantry at Fort aWyne. Mich. Next he
vas three years with the 21st infantry
n Vancouver, Wash. On October IS,
1905, he Joined the 10Th infantry.
Distinguished Lawyers.
He was defended in his trial by three |
lawyers. Capt. Clarence
: Nettles, judge advocate Of the United
states army, arguing the case orally
,efore the United States supreme court. |
nhe other two attorneys were John H /
ATWOOD Of Kansas City, Mo, and Fred
}. NJ Mckinney of Washington, D. c.