The New York herald., 1922-04-17
SEMENOFF MURDER
TRIAL HERE BARRED
Hayward Wires Borah That
No Court in U. s. Has Right
to Prosecute.

William Hayward. United States At
torney for this district. sent telegram
to United States Senator William Borah
OF Idaho last night answering the Sena
tors inquiry as to whether Gen. Gregory.
Semenoff, the Cossack leader. is subject
to criminal prosecution for the alleged
murder of American soldiers by troops
under his command.
Mr.. Hayward said that Gen. Semenof
Il not subject to prosecution in the
United States courts. but that he would
be subject to prosecution by any Gov
ernment now or hereafter maintaining
sovereignty over the territory in which
the alleged murders were committed.
The Americans were killed in territory
between the Far Eastern Republic and
that controlled by the Bolsheviki, and it
is unlikely that there is now any stable
Government there which could handle
the case. Mr.. Hayward's telegram to
Senator Borah follows:
II have your telegram asking whether
Semenoff can be held responsible tor
murder OF American soldiers in Siberia.
He is not subject to prosecution in Fed
eral courts OF the United States because
defined limit OF their territorial or adj
miralty Jurisdiction. No State court
could try him, as they all depend for
jurisdiction on the venue of tho crime.
II appears also that military courts are
not empowered 10 try such cxtraterri-
torlal offcnscs as Semcnoff is charged
with.
1.-THE general jurisdiction of military
tribunals extends beyond the army to
S.~~I
namely, camp followers. spies and those
giving aid and comfort to the enemy.
Semcnoff, OF course. falls within none of
these classes. So far as I can learn he
was part of an independent arfny acting
with the contingent of the United States.
III that Is a correct statement OF his
position 1t would seem that he would be
punishable by his own military SUI
periors, but not by our Government.
"If VIC recognized his army as an
Independent unit worthy to- fight with
our soldiers for whatever cause they
fought in Siberia, / assume that the
proper and only course was to protest
TO his superiors at the time and demand
his punishment by them. If we did not
so recognize his army he was then and
there subject to capture. trial and pun
ishmcnt by our military forces as .
guerrilla Therefore ! conclude ro
American court can now try Semcnoff.
Some nations claim jurisdiction and
threaten punishment for certain crimes
committed by q foreigner In foreign
countries. but believe this right has
never been recognized by law of ma
tions. We expressly denied Mexico 5
right in 1886 to try an American citi-
zen for libel committed in Texas and
intervened and demanded his release.
See Cutting case and opinion OF John
Bassctt Moore. In my opinion Semenoff
would be subject to prosecution under
any government now or hereafter MAIN
tanning sovereignty over territory where
the acts were committed and by no
other"
Scmenoffs lawyers, Clark. Prentice
and Rculstonc. viii apply this morning
TO the most available Supreme Court
Justice for a writ Of certiorari and there
by open a rev path OF escape from jail
for the general. They hope In this man
ner to test the legality OF the arrest and
Imprisonment OF the Cossacls ataman.
Mr.. Clark will be in Washington this
morning to represent tiic Scmenon In
terests there. lie plans to produce wit
nesses who will tell Congress and the
courts that the general Is really bcne-
factor of humanity and not a malefactor
in any sense.
That the general is not WITHOUT frlenus
was indicated last night VIXEN one OF his
lawyers issued copies OF q letter sent to
the CossaclS boss by the Volunteer Asso-
citation of Russian Officers or the Army
and Navy The letter reads:
Volunteer Association OF Russian
Officers OF the Army and Navy--At an
extra session held at New Yorls the 18th
day OF April a resolution was passed TO
greet you as a glorious and untIing de-
fender OF Russian mother earth and
country. also the Russian people and the
faith of our Christ The association Is
positive that the assault OF those who
have so grossly assaulted and accostcd
you at the present time will not shake
your steadfast belief for the ultimate
success Of your defence OF our mother
country"
The generals lawyers refused to dis
cuss the desire OF Senator Borah to have
their client indicted for murder.