Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1918-04-03

| on sentry duty IN the fFont-une uehch
es in France. may be saved from thu
laws extreme penalty by General Per
shing's action In sending the records
OF their cases to Washington for re
view. General pershing has authorit,
TO carry out the sentence of the court
martial, but 1t is only on foreign sol
that such power lies In the command
ing generals hands, for by an order OF
( December % the war department, al
the suggestion of the president. ruled
that no death sentence In the army
forces In this country could be exc
| cuted before review Of the case by the
department. So far as is known here,
/ the only execution of an American sol
der In France up to the present time
has been that of Private f. Cadue.
! hanged In November for assault and
! murder of French girl.
Punishable by Death.
/ Under the laws of the American mill
itary organization. II offenses-are pun
ishable by death. although these are
variously subdivided. Spies must suf-
fer the death penalty, and theirs is the
only offense for which the death SEN
tence is mandatory. For murder and
rape, punishment must, according TO
the ruling, be either death or life i'm
prlsonment; If the death sentence is
imposed It is by hanging. Spies are
usually hanged also. because. to quote
the manual of regulations. death by
hanging is considered more ignomin-
ious than death by shooting Hang
ing, the rule continues. is the usual
method of execution designated In the
case of spies, of persons guilty of muir
der In connection with mutiny, or
sometimes for desertion In tire face OF
the enemy but in the case of pusely
military offense. such as sleeping on
post, such sentence. when imposed, Is
usually to be shot to death WITH mus
kerry For the sake Of example, and
to deter others from committing like
effenses, the death sentence may,
when deemed advisable, be executed
in the presence OF the troops Of the
command
~ efe~ENhlStt VI Soht A'ats
The other eight offenses, or groups
of effenses. listed as punishable By
death leave the penalty to the discre-
ton of the eourt-martial. death or
such other punishment as the court
martial may direct" Is the usual word
ing Of the army regulation. The Of
lenses are eowardice. In any one of
variety of ways: sleep or drunkenness
on sentry post desertion or the incite-
ment to or assistance in desertion; at
tack upon a superior officer or insub-
ordination; mutiny or sedltion; max
ing known the eountersign; forcing
safeguard; relieving the enemy with
ammunition 'or any other thing" or
harboring or giving intelligence to the
enemy.
In the offense Of neglect Of sentry
duty" which is a betrayal OF respon-
II an almost unforgivable crime against
military law. the letter Of the regu-
lation recognizes no difference between
being asleep and being intoxicated.
The ruling reads: ANY sentinel who
is found drunk or sleeping upon his
post, or who leaves 1t before he is reg
ulafiy relieved, shall, II the offense be
committed In time of war. suffer death
or such other punishment as a court
martial may decree" II is further
provided that ''the fact that the ac-
cused had been previously overtaxed
by excessive guard duty is not de
Tense, although evidence to that effect
may be received as extenuation of the
offense." The point is distinctly made
that the sentry who neglects his duty
has jeopardized no one knows how
many thousands OF his fellows. and
II may be a crucial position to his
country's cause. Whether he was In
toxicated or merely asleep is, In the
letter Of the law. minor matter.
Insubordinatlon.
The rule regarding characterization
is very strict. II reads:
/ ANY person subject to military law
who. on any pretense whatever, strikes
his superior officer or draws or lifts up
any weapon agains' him. being in the
I execution OF his Office, or wilfully dis
/ obeys any lawful command OF his su-
perior officers, shall suffer death or