Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1922-04-16

Arthur a. Hclm,cke. former San
l'enitn man. sentenced to five years M
hard labor 10y "A court martial at Fort
Brown several weeks ago after being
found guilty by the court on charge
e dcs"riion from tie army. will be Civ
IN his freedom in the next ten days
unless addtioi al government evidence
IS introduced IN the United States court
at Houston. IIelIaecke is now i'm the
guard house at Fort Brown.
Federal Judge j. g. Hutchcson. Ir..
at Houston Friday handed down he
cisinn in the habcas corpus application
filed 10y attorneys fer IIclmeckc. de
ciaring that the constitutional rights Of
. CIVILIAN To remain civilian cannot be-
taken from him simply on evidence that
card had been stamped mailed
Judge llutchcScn. in lcnthy opinion
defining the rights of the military auth
critics. held that lIclmecke was never
soldier.
The case has aroused the greatest in
tcrcst IN military circles in Fort Brown
AMI IN American Legion circles III
ksaasassi sis.s s-sso-fsss III
SOM quarters il is believed that the dc.
cision of Judge Ilutclrcson may have
FAR r'arhing effect in the trials of other
men held on charges similar to those
preferred against Ilclmcckc. ID II also
said that there are many men now ser
wing terms in prison whose convictions
were secured on evidence similar To that
iRtroduced Ia the llemcckc ease.
Judge Ilutchcscn held up his opinion
f..r. a..
give the government time to submit al
ditional evidence on its cInim that IIri-
mccke was inductcd into the service.
The habeas corpus proceeding at IIous-
ton before Judge llutcheson was hagdl-
cd by Major Crcsson of the Judge adj
vocatc generals department 1T Fort
Sam Ii uston and ~ Lieutenant Dan
i'll T.. kcane. ndjuiant at Fort Brown
liclmeckc WIS defended nj Fort Brown
by Captain Rocmer of the Twelfth Cav
airy and by Judge J. &. George of
brownsville. Judge George handled the
habeas corpus proceedings before Judge
fIutrhesou.
Judge lIutcheSon. i'm his opinion de-
clares that the entire ease against Hell
mecke centcrs around the question ~
whether the adiutant general actually
mailed llrlmccke notice that he was in
durtcd into the service under the draft
act during thew ar. The governments
evidence was that the adiutaut gercral's
records showed that such notice had
h"eu mailed This the court holds t.
be- insufficient evidence.
The court declares:
For the court 10 hold that the
authority of the court martial i'm this
case is established on this kind of proof
would be tantamaunt Ia holding that
the adiutant general and his force If
assistants could. by industrinusly max
ing a-d stamping cards nailed have
placed the whole of the population in
the military service AMI brought them
nj. under the odious status of desert
~"
Tie prosecution cnntendrd that II
would bc unreasonable ~ expect a clerk
in The adjutant generals office To re-
member every letter that he had mailed
and that the office records were the
only kind Of evidence available in sup
port of the claim that The notice had
been nailed.
Ilrlmccke M the time Of the draft
was an automobile dealer at IA. Ben
ito. lie registered fer the draft. and
later is said 20 have left San Benito.
not returning until late last year Amer
lean TeTioncrs M San Hcnito are sail
~ iiarc investigated his case and event
ually brought asout his arrest on u
charge ~ failing Ia resnond to the call
for military service. He claimed to
have served in 'l~ army duri, the war
but was said 10 have been unable to eN-
hibn his Ir'pcrs when called upon IN
10 su hy the San llenito former ser