Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-02-25
SENTRY. is. NOT GUILTY..
Court Martial Acquits Soldier Ihs1
Shot american is:5 q + /
FULL STORY Of. IHiPolTlNl|ii :ClsGs


sncs to Orders From Ri. islpsrisrs:;
and Did Only What HssHid .Bssns
Told to Do. I. :31:;.s u.
A finding OF not guilty has been
rendered by the oourtmartiai which
tried Tosshigora. ogasawara; the isel..:.
try who shot Lieutenant .Iangdon.5 nf:
the United States u. s. S. Albany at (
Vladivostok last month, it was Off;
cially announced by the tChineaei war
department last Tuesday, according to-
a Tokyo dispatch. The trial, was on
the charge Of accidental murder. a.yf: =:
The Judge in the case explains that /
the accused was serving as: guard aEss
headquarters. of!the Eleventh dtyfsfdns
and: that. lat 4 O'Clock iny the Hlorntng
of. January, 8 he. assumed the. ientryt
ship in front of; the main .entraIcs y9ss;
the: headquarters. All, ,thess;S
lamps in the streets were zailt ands
everything was quiet and IN! Hsolltts! :!
darkness. ~, & i: :,ii 2 ~ e =.
At 40: o'clock the Judgment; cpn.;
tinues, the sentry's attention iHa1y yHE-A
rested by a fashliSht: and hes ma adssl
out a pedestrian, approaching 91n Gtfs5si
other side OF the street lighting his
way. with q pocket lamp, !: < I.
AT that time.", the document knss +
on several wires, including lthehe 4
used by the Japanese tropns. had: been
found broken and Hanging down IA.
such way that they might eaaily .bs
touched by passstby: Natnraal ~.
accused suspected! that the! pedestrian J
might intend to cut wires, s :, I f..
Lamp Goes. Out. IS \ j',s Is, ~: !.
AS he reached the place, wbsY6 the
wires were, the pedestrians aai4p
ceased to shine. The sentryE; sas
cion was enhanced. He $left: ;hiaEaIp6st
and challenged three times IN; Rhsaan,
but !. the man continued as Il. :.hea hid
heard: nothing. & ~ 81 Nit.,tl !.
pursued the man as FAR aaI Itha
:crossway,, challenged; twice and 5ths:
man stopped. The &sentry, aAksds !iJS
Russian whether the pedsstgjaR Nsl a
Russian or an American, 4; The: paaH (
answered; but the sentry did not iili -S,
derstaIid. ;;ia M s:it.;, 4 rs go:
4. ."As the coat ,,of the man ndicate4s
::nbthing he3pful--to g aahtts sa% st::.
first glance the: sentry .in. 4sHt:h Hob
i6bf 6bf gettfffei! ~ T. better io5fs EffsMf
seize the pocket lamp. The nilt AafsN
the lamp back and at the tame hmt
approached the sentry, With his 5tg9t
hand thrust in his pocketi The sehSs :,
try hastily concluded that he intended
to. assault him with reyolVtr. =.
out Of fear the sentFY. withdrew
a few steps and made himself ready
for self defense. The man turned 'fpd
walked away few steps. The ssn-
try was not completely trained, md:
because sentries have been 'RfEfed
against neglect OF duty on account
frequent assaults on; JAPANESE. Eet,t
tries, which are inevitable III: the, ,.dtS:
turbed conditions Of Siberia the sehs::
try believed he could resort TO- tArnf
against whomsoever dis6beyed his: or
ders, and fired at the man from behind
him, with the word: II you run aMay
you will be shot -.
"As he tottered the man fired two !.
shots at the sentry, wherelipon %ths
sentry fired again. Subsequently,, ths
man was identified as an iInaerical
officer .iss':. -
Justification Under LAW.
The Judgment declares that !ac-f
cording to Japanese military law zel,-.
tries are justified in resortins4o arms
under the following conditions:
First, when necessary to self :tde.
fense; second, when there ts mo other
means Of suppressing outrases: third,
when there is no other means OF; pro-
tecting: life and property. :. ~ J.
I'm shooting an American officer
the Judgment continues, 'thss 5sutty,
came under none of the above Gopdi:
tions, and therefore cannot be regarded
as having discharged his dutiesp spsoper. !.
ly. To all intents and purposes he would
appear to be guilty but an important
fact that should not be overlooked y
that the sentry had never undergone
perfect training necessary to- a ssgtry
and therefore when he fired at ::ah
American officer he was under the
impression that he was perfectly ful-
filing his duties -, -? { - ~.
What he did, therefore, was With.
out intent to violate the army Irsgu-
lations. At the same time 1T could pot
be regarded as an action arising sole.
ly by accident. - s:
I'm these peculiar circumstances
under which the shooting occurred md
because Of the absence Of any speotN
provisions justly applicable to- the
present case. the courtmartisl hn1
given judgment as above -. -