New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-11-24
Civilian, Jailed
By Court Martial,
Gets Civil Writ
Brooklyn Man Refused to
Act as Lookout on
u. S. Transport

A writ Of habeas corpus, regarded by
the Department of Justice as the most
unusual in this district in many years,
was granted yesterday by Judge Angus
tus n. Hand to Charles Z. Gerlach. of
Brooklyn, who is serving fve-year
sentence at hard labor on Governors
Island.
Gerlach, who claims he is a civilian
and not subject to tria! by court mar
tial. recently was convicted by mill
tary court of having refused to serve
as lookout for submarines on the army
transport FL Occidente while the YES
sci was steaming in the vicinity OF the
Azores last September.
Through his counsel, Silas B. AXtell'
of Broadway, Gerlach presented pc
tition which satisfied Judge Hand that
he was entitled to a writ of habeas
corpus. which would assure him hear
ing in the Federal Court on Monday.
The prisoner in his petition stated
that he was a civilian passenger whenn
ordered to do lookout duty. and as
such was not amenable to the Jurisdlc-
ton of court martial.
A Passenger on Transport
He had gone east on the United
States transport Mcclellan as second
officer. and without having been DIS
charged from service on that YES
col was sent home as a passenger on
the Ell Occidente.
He maintained that he was not
voluntary passenger and was beng SEM
nome against his will. when tne silip
US off the Azores, on September 20
cerlach was requested by Captain ~ "a
WiIcox. the transports quartermaster'
to lake a station as lookout. In the
rrosence of Captain Patten, master OF
ibe shin: Chief Naval Officer kedneia
snd Chief Engineer Bennett. Gerlach
refnsed. and persisted IN refusing 10
obey the order. -..I - chic
MORT Cerlach was tried by court mar
tial and was found guilty of violation
n the Ninety-sixth Article OF war
Tho specification, in substance, was
tbat he was "a person accompanying
Tie army of the United States IN tne
field. and. being in the employ OF thes
Irritod States in time of war. refused
10 assist in safeguarding the ship wnliee
nassing through the danger zone ana
that this was done to the detrlment OF
the welfare and safety OF the snip ana
all persons aboard"
Holds Sentence Excessive
In his petition, Gerlach stated that
tho eentence of the court martial Is
excessive, Illegal and void; that the
,1iIitarv court is absolutely without
| -uriediction and that the sentence IS
| contrary to and violation of the Con-
/ stitution Of the United States.
Cerlach claimed that at the time OF
/ the alleged offense he was cltlzen o.
/ the United States and on board =
/ Occidcnte as passenger OF the UnlteC
States Government and, as such a civil
ian, was not amenable 20 the Jurisdlc
tior of the court martial.
q He maintained that he was not {
' person accompanying an army IN the
field. as such term is generally under
stood in the opinion Of the Attorney
General, and the courts. Therefore
he said, he was not subject 10 thu
orders of the quartermaster or thu
master of the ship for military duty.
The writ procured by Gerlach directs
that Major Henry G.. Stahl, in charge
Of tho Disciplinary Barracks at For
Jay, surrender the prisoner to the Fed
oral Court that he may receive wha
the law may direct