New Britain herald., 1919-12-24
DISL0YAL CAPTAIN
 FREED FROM PRISON
Because of German Percentage He
 Wouldn't Fight Huns

Kansas Clt[, Dec. 24--leSal req tape has brought liberty to David A. Henkes, an American son of 8 for America, although he was an officer in the United States army and had been since 1901. Henkes was or dered released from the disciplinary barracks at Fort Leavenworth, yester- day, after Judge John C. Pollock, of the federal court on the Kansas side, sustained his application for & writ of habeas corpus. Hen>e's bond was appearance should the government now reviewing the case, decide on m appeal to the United States circuic court of appeals. This is very likely, , Fred Robertson. district federal at torney on the Kansas side, said yes- terdaN.
 Henke's appeal for d writ of Ina be- as corpus was based on the claim tha his trial by court martial was illegal because the officers constituting the court had been retired. His release automatically restores him to the rank of captain in the army and if his case is sustained in the court of ap-
  tial proceedings will be brought against him. Henl1es was originally sentenced to serve twenty-five years but that was reduced by the presi- dent to five years. He has been in the disciplinary barracks since Feb. ruary 27, 1918.
 Henkes is native of Iowa. He saw service in the Spanish -Am erican n nd in sion in the army. He was commis- stoned a captain in 1907 and sent to the Mexican border with the 18th 1n- fantry. He was there when. war with Germany was declared.
 In May, following the declaration of War, Henkes, then stationed at Fl Paso, Tex, wrote the secretary of war asking that his resignation be accept ed. In his letter he stated: "My faith CT came from Germany. My moth 1T was born here shortly after the ar rival of her parents I cannot force myself to the conviction that, I am capable of making war on n,y kin dred in manner that would become my station. I earnestly request that l may not be required to undergo this ordeal"
  sent to France and from there he wrote the adjutant general at Wash inSton repeating his request to re- sign adding that his wife came from Austria
 "1f my services will not be dis pense1 with,' he continued in that letter, II request duty in another field, or sucn duty as will not require me to. participate actively against my own blood or personally direct other to do so. I am willing to do trans port duty in the submarine zone or other duty of a similar nature, all of which I w1ll perform to the best of nay ability.''
 Shortly afterwards Henlles was or dered to America for trial before court martial. He was charged with failing to keep his oath ito support and defend the constitution of the United States against all enemies, for eign or dom estic' and with attempt ing to avoid service under said oath, and demonstrating disloyalty to, the government and sympathy with it's enemies.' He pleaded not guilty to all of the charges but was found gull ty and sente1 ced to twenty-five years confinement.
 AL 1llS tIldl GNlbSllCo "uS lulIOuucCu against Henkes showing he was in touch with German agents, contribut- ing to NOn .BernStOrlf's propaganda funds and working for peace at any price Both Henkes and his wife were said to be strongly pro German, and lhe apparently had no hesitancy in making his personal feelings known. His wife was said to be even more outspoken.
 Af;er his intpris Cnment if developed that fIenl1es had used a portion of his army r5y to purchase German war bonds.