Evening star., 1917-12-25
D. c. SOLDIER GIVEN
8 YEARS FOR CRIME.
Private Ward Sentenced for
Staying Andrew J. Cooper
While on Sentry Duty.
TRAGEDY AT CAMP MEIGS

Private Jerry Ward, Company A. 1st
Separate Battalion, District National
Guard. who shot and killed Andrew j.
Cooper, an elderly carpenter, at Camp
Meigs, the quartermaster training camp,
5th street and Florida avenue north
east, on the morning of October IL, will
ebe confined at hard labor for three years
In the United States penitentiary at
Atlanta, Ga.
The military court-martial which
tried the soldier based it's sentence on
the theory that he was guilty of in
voluntary manslaughter, the penalty
for which offense in time of peace is
fixed by the articles of war at three
years Imprisonment at hard labor.
Brig. Gen. Eli d. Hoyle, commanding
she Eastern Department, the reviewing
authority, however. held that the SEN
tence was wholly inadequate" for the
offens. committed. regardless of
! whether it was voluntary or invo1un-
.tary manslaughter. and approved it
only in order that the accused should
not escape well deserved punishment"
Trial Held Here.
The trial was held at Washington
barracks. The court was composed al
most entirely of officers of the En-
gineer Corps. Capt. William II. Hol-
Capt. H. L. Robb, the judge advocate,
and Second Lieut.. George Fs Young, the
assistant judge advocate. Second Lieut..
Ernest c. Dedicks was counsel for the
accused.
The charge on which Ward was tried
was violation of the 93d article of
war" and the specification was that
ut the time and place indicated above
lawfully kill one Andrew J. Cooper
by shooting him in the body with
service rife" The accused pleaded
mot guilty" to the charge and speci-
In taking testimony and hearing the
arguments Of the Judge advocate and
the counsel for the defense.
The witnesses examined were Capt.
c. c. 81. Davis, First Lieut.. Benjamin
d. Boyd. Sergt. Eugene Davis and
Corps. Raymond Minor, Ernest Graves
and Charles E. Hughes of the list Sepa-
rate Rattalion and the following named
Dunntng and DR.. Charles Fischkan.
It was shown that as there was
money In the auartermaster's ofiice.
: asssy sssss = had been p1ssse Rs.ass ass.
the reservation except Through the
presidsd With bsil cAftfidssh vita
lines and caution any one attempting
to epter, elsewhere than at the main
entrance. before resorting to the gun.
that Cooper tried to enter the grounds
a1 aea sbsnHment ns en -b SS PrSate s'vs Ward and
told to- 60 through the main entrance.
but that he climbed back again and
started ahead, when he was shot by
the sentinel
Victim an Old Man.
II was testified that Cooper was an
old man with defective hearing and
that he was merely trying to make a
short cut to his place of work. and also
that he was unarmed.
The accused testified that after he
had showed Cooper down the embank-
/. ment Cooper said. That's all right, I'll
get YOU. and came back with his hand
behind him "as if to draw weapon,
and wheeled around and shot him
The court found Ward guilty" of the
charge and of the specification guilty
excepting the words feloniously and and
substituting therefor the words in the
to use other available. adequate and
less violent means of performing said
duty. and did by the use OF undue force !;
Of the excepted words not guilty and Of
the 8u0St1Iuteo WOT0S kuilty.
The sentence imposed was that the ac-
cused ''be dishonorabIy discharged the
service, to forfeit all pay and allow
ances due or to become due while in
confinement under this sentence, and TO
be confined at hard labor at such place
as the reviewing authority may direct
for three years"
Declares Sentence Inadequate.
Gen. Hoyle in his review of the case
said:
.The court. having been directed to re-
convene because its sentence was regarded
as inadequate and the offense as one OF
voluntary rather than involuntary man
slaughter. It met informally and return
ed the charges by Endorsement. in
which 1t in effect requested further in
formation as to why its findings and
sentence should be revised and stated
that the record had not been received.
''The president of the court should
have telegraphed or written for the rec
ord and the proceedings on revision
had in due form. On further reference
the attention of the court was called to
the fact that whether the manslaughter
in this case was regarded rs voluntary
or involuntary. the sentence was re-
garded as inadequate.
The court adhered to its original
findings and sentence for the reasons
that 1t had no information on which 1t
could change its opinion that the Of
ISuSc was DldHsiduS ntcf
and that owing to the normal peace
time conditions at the scene OF the
crime, 1t could see no reason at present
10 make the punishment greater than
that deemed adequate by the President
In time of peace.
The reviewing authority is unable
TO agree with the court in its view OF
this case: There was no necessity for
the accused to resort to the extreme
measure he took in enforcing his or
ders and the sentece is regarded as
wholly Inadequate: but IN order that
the accused may not escape well de-
served punishment. 1t is approved and
will be duly executed. The United
States penitentiary at Atlanta. Ga. is
designated as the place of confinement
hut pending further orders this general
prisoner will be held at Washington
barracks, d. C."
American Fighters Visit Naples.
ROME. December 25-Several hundred