The New York herald., 1922-01-05
MAJOR OPIE DENIES
SHOOTING HIS MEN
Virginia Commander Faces
AccuSers in Watson
Investigation.
WITNESS BREAKS DOWN
COllapses Under Examina-
tion by Counsel for
Officer.
EMBALMER TESTIFIES
EMBALMER TESTIFIES
New York Man Says He Found
Black Caps and Moose on
Three Bodies.

WASHINGTON, Jan. 4.-Accuser and
accused faced each other to-day be-
fore Senate committee investigating
charges that American soldiers had
heen hanged without trial in France.
Near the close of seven hour ses-
sion Major Heroine L. Opie Of Staun-
ton. Va, commander of the Third Bat
talon, 116th Infantry. overseas, went
on the stand to deny charges by for
mer service men that he had shot
battlefield.
Responding to his name when the
Opie charges were taken up, Grayson
II. Withrow Of Baltimore, still In his
early twenties, stepped to the front
and testified that he saw the officer
seize a gun from q private and fire
at a man in his command
Shells were falling, he said, and
there was tremendous excitement but
Withrow swore that from his retreat
in a shell hole he peeped out and saw
tho man fall as the Majors gun
barked. But he could not say whether
Opie had killed him, declaring the SOL
der, standing out in the open, was
within arms reach Of half dozen
officers when the shot was fired.
Names Four Witnesses.
AS withrow left the stand, william
F. st. John, a young man from Lynch
burg, Va, suffering from nervous
troubles resulting from service overseas.
accused the Virginian Of shooting down
q runner at the front. because he
failed to heed after thrice being ordered
to halt
Four other men saw the killing, he
declared, but he refused of his own ac-
cord to give their names. on the ground
that he had not been able to confer
with them and that 1t would not be
just to him ii they should appear and
mot back up" his charges. One OF
them, he said had developed cold feet.
and was unwilling to come.
Reminded by Chairman Brandegee
that the names must be submitted st.
John complied. mentioning first the
cousin Of one OF Major Opie's counsel.
sitting across the table. It was while
st. John was being cross-examined by
John A. Cutchins of Richmond, Va,
Major Opie's counsel, that he lost con-
troll OF his shattered nerves and dra-
matically shouted that he was dealing
with bunch of fanatics who "are try
ing to prove am nutty." Mr.. Cutchins
promptly disclaimed such an intention.
Seeing that the young man was worn
out by excitement. Senator Watson,
whose charges of illegal executions are
under investigation, declined to ques-
ton him. Tomorrow Major Opie will
testify in his own behalf.
Moose and Black Cap.
Starting out with the testimony OF
Rufus p. Hubbard of New York. who
as an embalming assistant with the
American Graves Registration Service
declared he found a moose and black
cap on the bodies OF three American
soldiers dug up in the little French
cemetery at Bazoilles. the committee
permitted the inquiry to run its course.
Right after the testimony Of Hubbard
another witness, who assisted in a legal
execution, declared that the body was
buried. moose and black cap intact. In
the same cemetery where Hubbard said
three so marked had been found.
GHubbard's New York address was
given out In Washington as 507 West
169th street. He Is not known thereJ
A farm boy from Georgia, who frankly
but pathetically announced he could not
read or write, cleared up his recent
statement concerning the shooting of a
soldier because he had sneaked away
from his command to quench his thirst
at little spring. 1t developed that the
command was trying to conceal its posi-
tion from the enemy and that all hands
lad been warned that the first man at
tempting to walk out in the open would
be shot The soldier walked fifty yards
beyond the deadllne, refused to half
when ordered. and they shot him In his
tracks.
There was much testimony relating
to executions at Is-sur-Tille. none or the
witnesses being able to say whether tho
victims had been tried, beyond the claim
of some to the contrary as the tran was
sprung. War Department records. con-
tanning the list OF eleven legal hangipgs.
listed two at Is-sur-Tflle.
Quite inadvertently a member of the
committee brought out during the ex-
animation of q former soldier that since
the war he had served fourteen rnontba
In the Georgia Penitentiary for stealing
an automobile. No attempt was made
however, to discredit his testimony an
that account. It related solely to eye
tutions conducted publicly with soldiers
drawn up as witnesses. In accordance
with military regulations.
Mr.. Hubbnrd's Testimony.