The sun., 1919-02-14
'SASSED' LIEUT.,
GOT 40 YEARS
Army Private Refused to Hand
Over Cigarettes at Order
Of Officer.
GEN. ANSELL CITES CASES
Another Soldier Received 30
Years for "French Leave"
to See Dying Father.
GEN. ANSELL CITES CASES
Specia' Despatch 70 Tns srS.

SpecidI Despatch 70 Tns SrS.
WASHINGTON. Feb. l3.--Told to stop
smoking in the company kitchen. a
private in the National Army refused
and added that the sergeant could go
to hell" The private had been in the
army only few days and had no real
comprehension Of military discipline.
So green was he that when a Second
| Lieutenant appeared and demanded
that he surrender his package of Gig
arettes he refused
For this a court martial sentenced
him to serve forty years in a military
prison.
Another private of the National Army
deserted camp on hearing of the fatal
illness of his father He departed for
his fathers home. taking French leave.
and remained away until his fathers
death. Without awaiting even the fu-
neral the boy came back to camp and
surrendered voluntarily. He was tried.
convicted and sentenced to thirty years
in a military prison
Brought Out at Hearing.
These were but two of, several score of
examples related to-day by acting Judge
Advocate General $, T. Ansell before the
Senate Military Committee 10 prove his
contention that tine court martial system
obtaining in our army is trayesty upon
justice.
The committee had under considera-
tion Senator Chain beriain's hill to re-
Fnr ha rti tia1 "a.
giving the privilege OF review of all
sentences TO the Office OF the Judge
Advocate General. Under the eX-
isting system as construed by Judge
Advocate General Crowder. in which
view that official has the support OF
Secretary of War Baker the power to
review is denied tho Judge Advocate
General.
In his examina:i lion Gen. Ansell cited
instances OF the grossest injustice and
harshnoss of sentences imposed for in
fr a ctions Of military law The offences
technically grave but actually unim-
rortant had resulted in sentences from
twenty 10 forty years, dishonorable dis
charge and the brand Of criminal being
fixed upon men waose impulse to the
wrong committed had been that of the
angry youth, green from the country
and the small town. subjected for the
, army discipline.
Senator Frelinghuysen N. JD man
aged to bring In the extraordinary len
iency displayed by Secretary Baker
toward the conscientious objectors. who
had been pardoned out of prison. had ro
ceiNed honorable discharges. back pay
and wearing apparel while the boys
who were willing 10 fight. ready 10 go
out and die for the country and whose
offences constituted only recalcitrancy
had been sentenced to protracted terms
| of imprisonment.
query by senator.
What is your opinion. General. with
| regard to the attitude of the Secretary
| of War on the question Of these consci-
entious obtectors whom he equips with
a bank roll, wearing apparel and then
| pins bouquet in their buttonholes and
gives an honorable disCharge:" asked
! Senator Frelinghuysen.
81 would rather be excused from an
swering that, Senator" replied the Gen
eral. at would he exceedingly embar
! RAISING for me to answer IT,"
| Don't worry" interposed Chairman
! Chamberlain, I'VE can ask Secretary
| Baker himself about that"
"May he he too has some conscientious
! objections interjectcd Senator Knox
! (Pa-).
Gen. Ansell urged the necessity of re-
vising the law to admit OF tho Judge
| Advocate General becoming the review-
| ing officer. in point of fact the court OF
! appeals In courts martial. He told the
committee that until this was accom-
plished the unfair and unusual cruelty
| OF some of the trial officers could not be
| circumvented.
Other cases cited by Gen. Ansell.
without names being mentioned, were
! as follows
The death penalty was imposed on
an American soldier in France who
| pleaded guilty to charge OF refusing
| to obey an order TO drill. The soldier
! said he was i'll and unable TO obey. The
military authorities in France insisted
or execution of the sentence, but the
man was saved by executive clemency.
A court martial in this country or
dered the death penalty inflicted on n
soldier who went to the bedside of his
| dying father without leave. He re-
turned to duty as soon as his father
died. The man was saved by interfer-
euce from Washington.
| A private who went home without
leave TO see his wife and sick baby in
| destitute circumstances was sentenced
to fifteen years imprisonment Later
this was reduced to three years.
! Dishonorablo discharge. forfeiture Of
nay and forty years imprisonment. af-
terward reduced 10 ten years. was the
sentence of a man for absenting himself
without leave.
Two men in France were tried for