The sun., 1919-07-21
SOLDIER SENTENCES
CUT 10000 YEARS
One Man Alone Thus Reduced
Findings Of Unjust Courts
Martial.
BRUTAL CASES ARE CITED
Powers Of Commanding Cen
eral Blamed by Former
Official Reviewer.
BRUTAL CASES ARE CITEI
Special Despdteh to TEE SUI.

States soldiers can find a witness who
"knows" things II It will call Fred w.
Ashton of Grand Island. Ashton, VINO
is an attorney Of this city, has just heen
discharged from the service and arrived
in Grand Island last week. lie was
Major in the Judge Advocates depart
ment in Washington and for months ne
devoted his entire time TO investigating
cases against soldiers who had been
sent to prison for long terms on .ne
most trivial charges. Mr.. Ashton sue
ceeded in getting 10000 years cut Oft the
prison life Of the soldiers whose cases
he Investigated.
When Fred Ashton went to Washing
ton to undertake the work OF invesuga-
ton he was a conservative. To-day he
Is decidedly radical. made 80 by MS
review of so many cases OF miscar-
rage of Justice wherein military courts
had doomed private soldiers to long
years in prison for slight infractions OF
army rules.
Too much authority is placed in the
hands Of a commanding general says
Mr.. Ashton. Where this official was
harsh and severe sentences that ex-
ceeded reason and fairness were given
Here's case of which Mr.. Ashton
could tell the Congressional committee.
1t is one Mr.. Ashton Investigated and
reviewed.
Never Warned of Rule.
JEFF Henderson was charged with
desertion. Although found to be
ignorant his employers in civil life spoke
well of him. Evidence disclosed he had
never been warned Of the seriousness
OF staying out without leave. His case
was poorly tried. Hearsay evidence and
much incompetent evidence was admit
ted. Inexcusable errors on the part OF
counsel for the prosecution in attempt
ing to prove by Capt Halves the con-
tents Of the company records without
introducing the record itself or a certi-
fed copy thereof. and In the introduce
ing of testimony of the same witness as
to. statements made by Henderson
amounting to r confession without show
ing that Henderson had been warned of
the seriousness of such admissions or
OF his own rights In the matter, marked
the trial.
Henderson's counsel was negligent in
permitting this testimony to go in with
out objection and in permitting unjust
cross-examination. The reviewing board
confessed the testimony should not have
been admitted, but dismissed the matter
with a statement that 'Serious as the
failures appear to be. they have been
waived by the accused by his failure to
make objections thereto"
Henderson was sentenced to twenty
years Imprisonment. The clemency
board RENTED seventeen and one-half
years from this term after Ashton in
vestigased the case
Here's another case Ashton investi-
gated:
John William Randall was accused Of
stealing an envelope and contents
There was no charge that the contents
gnarial There
violation OF a postal law. 1t may have
been a letter from girl to her sweet
heart. He was sent to prison.
Jess Conway was accused of desertion
and escape. He pleaded guilty to both
and was sentenced TO twenty years i'm
prisonment and total forfeiture OF pay.
The board found Conway to be an
imbecile with the mental age OF four
and half years. He was dismissed.
Sentenced to BE Shot.
Benjamin Garskl was found guilty of
disobedience OF orders. He was SEN
fenced to be shot. The President COM
muted the sentence to fifteen years in
prison The clemency board, on ex-
animation, found that Garsk! had been
Illegally indicted into the army and
recommended that his sentence be re-
mitted.
Here Is a case where the interference
of the commanding officer was respon-
BILE for a verdict of guilty after the
court-martial had declared the accused
to be innocent. Thomas L. Harrison
was accused OF desertion. He was found
not guilty. The commanding officer or
dered the court to reconvene and II
revoked its former findings and the &C
cused was given sentence OF hve years
with a dishonorable discharge. The
court took its second step because It did
not wish to incur the displeasure OF
the commanding officer.
Still another case: John NJ. Frazier
was a farmer. He had been turned dowr
for overseas service and was discouraged
He received a pass for a week and went
home. Here he found his live stock was
going 10 ruin in his absence. After
tending the stock he had no money &c
get back to the post. He got a job
near by and continuing TO wear his uni
form, freely told that he was going bach
10 camp as soon as he got money enough
10 pay railroad fare. When he got thu
money he started for camp, but was ar
rested before he got there, The court
martial gave him twenty years.
"YerbaI Desertion"-25 Years.
Is Floyd Maley, C. NJ. No. 1e23o9, aget
= az years, moron, mental age IL
years, talked in rambling. disconnected
manner apprehended for failure to reg
lister. He was accused OF desertion. tn,
desertion consisting OF saying. 1T do no.
want 10 be a soldier" He was sentenced
to twenty-five years and dshonorabl'
discharge.
John Ritchey. C. NJ. No. 1880, aget
IS. He was at Camp Perry, Ohio. fol
seven weeks in August. September anC
October, 1917. The prisoner asked fo
permission to visit his aunt in Toledo
who was not expected TO live. Tn,
permit was refused and he left CAM
Perry without a permit and went 4
Toledo. thirty-fve miles away. intending
to return the next day. He found hi
aunt dying. She begged him to sta!
with her and he remained for one week
when the aunt died. His mother cam'
from Bryan. Ohio, for the funeral AM
was taken seriously i'll, Ritchey tool
her back TO Bryan. She begged him Il
stay with her until she got better. Sh'
had been looking after the stock ant
the farm. Ritchey remained until sh,
got better.
Meanwhile his company had gone t,
France. and Judge Scott. county judg,
OF Williams county. Ohio. secured none,
enough for Ritchey and gave it to him
Ritchey went to France by himself snt
reported to his company at Vaux lie
Petite. He brought with him a lette
from Judge Scott 10 his Captain.
Ritchey was tried and found no
guilty OF desertion but guilty OF alb
sence' without leave. Major Me
noher. reviewing authority. returned tn