Evening star. [volume] (Washington, D.C.) 1854-1972, 1919-02-15
FL|MSY EVIDENCE
IN TRIALS CHARGED
Gen. AnseI| Says Courts
Martial in Soldier Cases
Were Often PreiudiCed.
INSTANCES ARE CITED

In resuming his statement today be-
fore the Senate military committee in
support of the Chamberlain bill for a
review of decisions of Army courts
martial. Brig Gen. Samuel T. Ansell,
acting judge advocate general of the
Army, said that too many men have
been tried in Army camps on "fimsy
evidence" without prima facie evil
dence of their guilt. ..s-..,-,.s.
Instances have come to the attention
of the judge advocate generals Office.
he said, when half dozen or more
men have been charged with the same
offenses. After one had been convict
ed the same court martial had tried
all of the others, causing the court to
be prejudiced against them, he said.
THAT would be like trying several
men on the same charge before the
same jury" observed Senator Knox.
Exactly" said Gen. Ansel, "and it
would be impossible for the court to
have an open mind.
Explains Existing System.
Under the existing system, Gen. An
sell told the committee it frequently
happens that the same officer who
acts as prosecutor in trial before a
court-martiaI also passes on the le-
gaIity of what the court-martial had
done.
Under the Chamberlain bill prose-
cutor would be named to conduct the
trials for the government under the
same procedure as in civil cases. and
Gen. AnseU approved proposed
amendment that no trial should pro-
ceed before any court-martial with
out the recommendation of repre-
sentative of the judge advocate gem
erals office that there is sufficient
evidence at hand to proceed He also
suggested that where several men are
charged with the same orense and
tried separately the same court-ma
tiaI shall not hear more than one case.
Questioned by Senator Knox as to
the issue between him and other Of
fcials of the War Department. Gen.
Anseli said that since he began his
agitation against the present system
the department. through the Secretary
and the chief of staff. has seen fit to
set aside judgments of fcourts-martial.
That system, however. is unsatisfac-
tory, as It invariably results in ac-
uuittal of the accused. as there is no
to modify the sentences.
Conflict of Authority Charged.
In the Senate today Senator Smith
of Michigan charged that there is an
absolute conflict" between the De-
partment of Justice and the War De-
regarding the right of sol
diers to wear their uniforms after
being discharged from the service and
that discharged soldiers returning
from France have been arrested in
Detroit one day after arriving there.
Protests to the War Department. he
said have resulted in statements be-
ing made that IL was department of
Justice matter.
He charged that Department Of JUS
tice representatives are hunting
dowht these soldiers" who are being
"prosecuted" for wearing their uni
forms one day after being discharged.
Gen. Mcintyre, the senator said, ad-
nittcd to him today that there were
serious differences regarding this
matter between the two departments.
Senator King of Utah, democrat, in
reply said he had just telephoned
to the Attorney General, and that Mr..
tothe Attorney General, and that Mr..
O'Brjan emphatically denied that the
Department of Justice had given any
ruling. decision or order of the kind
charged by Senator Smith. The de-
partment, according to Mr.. OBrian,
has not taken any position REGARDING
forms. Senator King said possibly
some "bumptious" official in Detroit
had illegally interfered
To Ask Names of Offenders.
The names of Army officers re-
sponsible for the imposition of grossly
excessive sentences by military courts
martial, many instances of which
have been laid before the Senate mill
tary affairs committee by Gen. Ansell,
acting Judge advocate general, will be
demanded of the War Department by
the Senate committee, Senator Cham
berlain, chairman of the committee.
told the Senate yesterday during
discussion of the revelations made by
Gen. Ansell.
Senator Borah began the discussion
by urging that the military affairs
committee take this course.
Senators Norris, Pomerene and
Thomas Joined in the condemnation of
the excessive penalties imposed by
courts martial.