The Leader, enterprise and press. (Fitzgerald, Ga.) 1915-1921, 1917-05-14
E,ANY COURTMARTIAL CASES
DUE TO FEAR

Paris, May 12.-Twothirds of the
courtmartial cases at the war front
and Immediately behind the front
lave developed from either drunken
ness or fear, sometimes from both, &C
cording to Monsieur Rene de Plan
hol, who has had more than two
years experience as counsel for the
defense in such cases. Drum-head
courtmartials, with summary execu-
tons of spies and deserters, have
been far less frequent than might be
imagined Not only have sentences
OF death been infrequent, but, extra
ordinary as it appears, the verdicts
Of justice at the front are seldom ex-
ecuted
The general in command of the
sector has the power of suspending
all courtmartial sentences until the
end OF the war, and he exercises
that perorogative nearly always. even
in cases OF second offense. The only
penalties Immediately applied are
those of death and punishment that
involves military degradation. Even
in these cases the condemned man
usually begs to be sent back to the
battle line and his request is some
times accorded after certain lapse
Of time
Sentences to prison and hard labor
are few. 1t is considered absurd to
lodge in prison rugged soldiers whose
misdeeds would thus have the effect
OF relieving them from fighting while
well-behaved soldiers ARE risking
their lives. That is why military jur-
isdiction at the front has become es-
sentially a jurisdiction of honor.
pension OF sentences for first oHenses
was not obligatory but was simply a
matter Of discretion on the part of
the general commanding. Amend
ments passed by parliament in the
course of the present war makes such
extensions OF sentence obligatory for
all cases excepting those of capital
ofense.
Drunkenness, the most frequent of
all infractions OF law and discipline,
! is punished by imprisonment from
two months upward.
A frequent and effective means OF
license invoked by counsel for ac-
cused soldiers is the citation for gal
liant conduct on the battlefield II
often happens that soldier refrac-
tory to army discipline is a great
lighter and, between courtmartials
accumulates honors and decorations
that it is difficult to ignore.
One of the most obstinate drinkers
and most insolent men of his repi.
ment when under the influence oil
liquor, went back to the front by ia
vor OF suspended sentence and won
the signal honor of an individual cita.
lion in an engagement in which his
regiment was collectively cited. He
appeared before the courtmartial with
a new bar on his war cross ribbon
and>his judges couldn't refuse his re-
quest for another chance at the Ger
mans"
Cases of desertion with downright
tear as the cause are not uncommon
and Monsieur de Planhol concludes
that very few soldiers are totally ex-
empt from fear Men who have
fought bravely in numerous actions
he says, finally give way to what he
calls nerve wear" their moral cour.
age is no longer sufficient to over.
come physical fear and they run away
from danger. Their number, though
lis small in comparison with those
who forget their duty in the stupe.
fication of excessive drinking. Ever
these, considering the millions O.
men modified, are so small a per
Icentage as to constitute no reflection
on the army as whole.
Anyone from private to a colone
may act as a defender of the court
martialed soldier. Civilians also arr
allowed to represent them and some
eminent French lawyers, such as Mai
tire Pelletier, and Maitre Henri Ger
and have acted as counsel for the de
Tense of soldiers at the front