Evening journal., 1918-02-25
ARMY CAPTAIN Gets
A 25-YEAR Sentence
OF German Descent, He Tried
To Resign Soon After
War Was Declared
WAS UNWILLING TO
FIGHT HIS KINDRED

NEW YORK, Feb. 2J.-Capt. David A.
Henkes, Sixteenth Infantry, L. 5. A..
has been sentenced to dismissal from
the service and confinement at hard
labor for % years by a general court
martial held at Governors Island.
lIonkes. who is Of German descent. en-
deavored to resign his commission, say
ing he did not care to fight against rela-
tives and friends.
Calpain Henkes, who was stationed at
san Antonio. Texas. wrote last May TO
the Secretary of War urging him 10
accept The resignation, which be had al
ready submitted, and giving reasons
which, he declared, would no longer al.
low him 90 serve as an officer Of the
American Army.
Further service as a commissioned
officer must sooner or later take me to
Europe. and there bring me In conflict
with my relatives and friends, although,
for the time being my legal enemies,
Captain Henkes wrote. "Nly father came
from Germany. My mother was born
here shortly after the arrival OF her par
ents We have many other relatives and
friends there.
81 cannot force myself 10 the convic-
ton that ] am capable Of making war
on my kindred upon their soil in a man
ner that would become my duty and sta
tion. ] earnestly request that ] may
not be required TO undergo this ordeal
/ seriously doubt my ability 10 with
stand it, and would avoid, in the inter
est Of my country, family and friends,
what at last appears the probable conse-
quences."
Captain Henkes suggested as an alter
native that he be given service I'm some
other field, although he expressed the
belief that the best course would be the
immediate acceptance Of his resigna-
ton.
Captain Henkes soon after be had sub
miiled his resignation. was ordered 90
France with the American Expedition
AIRY Forces, and from his quarters there,
June %, 1917, wrote to the Adiuiani-
General in Washington calling attention
90 the fact that he had resigned, and de-
claring that his battalion commander
the department quartermaster and the
commanding officer Of the Southern De-
partment had approved his action. In
his letter he repeated the reasons given
Co the Secretary Of War for desiring 90
quit the service.
Again on October 30. while still on
duty In France, Captain Henkes wrote
another letter 10 the Adiutant-General.
I'm which ne urged acceptance Of his
resignation. and said he did not find oc-
casion 10 add TO or alter the views he
had already expressed.
"The underlying facts are unaltera-
bic" he declared.
Captain Henkes was then ordered 60
this country and summoned before a gen'
eral court-martial at Governors Island
where he was formally charged with
violation Of the Ninety-flfth Article
OF War. This charge recited that "hav-
| ing taken an oath OF ofllce in which,
among other things. he swore to sup
port and defend the Constitution Of the
United States against all enemies, for
eign and domestic and that he would
bear true faith and allegiance 20 the
same. De had written the letter con-
corning his resignation. The same
charge was made in connection with
the other letter.
The courtmartial found him guilty,
and. the findings having been reviewed
by the ge-Advocate-General, the SEN
tence Of the court. dismissal from the
service and confinement at hard labor 70
% years, was ordered carried out. The
United states disciplinary barracks at
Fort Leavenworth, Kan, was designated
as the place Of Imprisonment, and It was
declared that Capt David A. Henkes,
Sixteenth Infantry, ceases TO be an Of
/ ncer Of the army from February %,
1918"
The report was signed by Mai-Gen.
William AZ Mann. commanding the De-
partment of the East. and by Col. w A.
Simpson retired, adjuiant