New Britain herald., 1922-01-10
Charles E. Fox Of Rich- mond Testifies Before Senate Investigation Committee-FearedT To Make Complaint
Accompanying Letter Says Man Was Running Away at Time and Officers Action Was Justified.

Washington, Jan. 10.--Charles E. Fox, of Richmond, Va, testified be- fore q senate Investigating committee that he saw Major Hierome l.. Opie, of Staunton, Va. shoot a soldier in the back north of Nerdun in 1918.
 "The man shot was wearing the American uniform" said Fox. 'I was 50 feet away. As the boy was shot he threw his hands in the air and sop pied over. I do not know if the man died. Sergeant Kane also saw the shooting"
 Fox declared the soldier was within six feet of the major when the shoot ing took place, that he had approach ed the officer and was moving off.
 Do you know Opie?" Chairman Brandegee asked.
 Positive It Was Opie.
 "I was positive it was Major Opie. There was much talk in the company Go. B, 18th infantry. The men wondered why the boy had been shot, but they were afraid to ask about it."
 You made no complaint"
 "No sir; I was afraid"
 Asked why he did not report the case to Lieut.. Moring of Richmond Fox said:
 That guy would shoot me: he wouldn't take any foolishness."
 Letter Is Read.
 Fox gave Chairman Brandegee a letter from Moring written from Cas- per, Wyo., saying he was sorry to hear about Major Opie.'
 EOy did I, pt wont all tho laftnr, ,ooJ saying it contained some rough stuff D
 "I am used to rough stuff in this case" the chairman said
 The letter quoted Moring as saying he had heard the soldier was running away and that Opie mad a right to shoot, and advised Fox not to say any thing about the case unless you act ually saw the shootng,' adding that rumors did not stand up in court.
 Witness Is Certain.
 Banging the table, Fox shouted that he saw Opie shoot.
 "I saw it with my own eyes,"
 "From Moring's letter he believed that Opie was justified" said the chairman.
 Well, l don't" Fox declared.
 Assai!s Lawyer
 When John A. Cutchins of Rich mond, Va, counsel for Major Opie, took the witness stand, Fox went right after the lawyer.
 II know what you want to do" he exclaimed, shaking his finger You are trying to make a fool of me. You can't do it."
 Cutchns tried to fix the exact day of the alleged shooting.
 How do you know so much about this,' Fox shouted. You were back at headquarters, 30 miles away"
 'I was where duty sent me-" said Mir. Cutchins, who was attached to the 29th division headquarters.
 Why were you behind the lines that morning,p Cutchins asked.
 By orders. I had been ordered to get back and destroy grenades."
 Other Testimony
 Complete records in the cases of American soldiers hanged after court martial in France were cabed immediately 10 the war department, Col. Walter Bethel, assistant judge advocate general in the army testi- fled.
 Names of mon hanged were not given to the press out of consideration for relatives, the witness said
 Touching on the case of Benjamin King, of Wilmington, N. C., who ac- cording to previous witnesses was killed by orders of Hard Boiled" smith, an officer in charge of a prison guard, Col. Bethel reiterated that available war department records ''indcated' that King was killed in action or died of wounds. No evi- dence he said had been obtained to support the charge that King was murdered and information to this ef- feet has been conveyed to his family There were several references to Frank H. Hard Boiled" Smith, who Col. Bethel said had been sentenced to three years imprisonment for cruelty to prisoners
 Senator Watson asked that Repre- sentative Johnson, republican, South Dakota, who had stated in the house 1t probably was true that soldiers at the front had been shot by their of fcers because they had become de- mented or showed cowardice be sum- moned.
 Col Bethel said that while he had no personal knowledge of such shoot ing, it may have happened"