Evening star., 1949-09-03
Sailor Awaits
Court Martia|'s 5
Guilty Verdict
Ryan to Leurn on
Tuesday if Finding Is
AWOL or Desertion
By jones J. CulIinone

SoAAioo' 'i1oLeA yAAoA Who JoIicO
the peacetime Navy after he was
honorably discharged from the
Army and was "shanghaied" into
another war as bazooka man in
the French Foreign Legion, is
sweating out" a general court
martial conviction today.
Ryan was convicted yesterday
by a board of five naval officers
who for two days had presided
over general court hearing
charges of desertion against him.
But, because of the long holi-
day weekend. the slender young
sailor will not be able to learn
before Tuesday whether he was
convicted Of desertion. or the
lesser charge of unauthorized abb
sence from his ship.
Questions asked by court men,
bers during the trial strongly in
dicated they were inclined to dis
miss the charge of desertion,
which carries maximum penalty
OF two years imprisonment and
a dishonorable discharge, in favor
of conviction on the less charge
of unauthorized absence from
duty. The latter charge carries .
maximum penalty of six months
imprisonment, and the court may
recommend a dishonorable dis
charge, if it sees fit.
The verdict of the general court
was sealed and transmitted to the
Commandant of the Potomac
River District for review. Only
members of the court and the
trial judge advocate general were
aware of the verdict and the sug-
gested penalty when the court
martial proceedings ended after
two full days of hearings.
Guilty Finding Disclosed.
The court made known its ver-
dict of guilty on one of the
charges when Ryan was called
before the five officers and asked
whether he wanted to offer any
mitigating evidence or statements.
He said he did not.
Under naval court martial pro-
cedure. a verdict of acquittal
would have been announced i'm
mediately.
Although Ryan was arraigned
before the general court on q
specific charge of deserting his
ship in the Italian port of San
Reno on July 8, 1947, the court
had leeway to find him guilty on
the lesser charge of unauthorized
absence.
Ryan's youthful face paled
when the court indicated it had
reached a verdict of guilty. but
he showed no other emotion.
Afterward he told reporters:
Il am innocent of the deSertion
charge. I know I had previous
charge of unauthorized leave, and
that was OK: but this was an
accident. I didn't desert the ship.
and I risked my life trying to get
back to surrender to the Navy.
But, no matter: now I'm waiting
for some of that Navy justice"
Outlines Possible Verdicts.
The trial judge advocate gen.
eral, 1t. Comdr. r. H. Kroetz, told
the court. in his closing argument,
that if the five judges believed
Ryan's story in full. they should
acquit him.
Called for DesertiOn Conviction.
Or, said, Comdr. Kroetz, II the
judges believed only that part Of
the story about Ryan being picked
up by Foreign Legion military po-
lice and forced into the Legion
against his will. they should con.
vict him only of unauthorized abb
sence.
But Comdr. Kroetz demanded
conviction on the desertion
charge, contending that Ryan
missed his ship at San Reno. Italy.
as a result of his own misconduct
and that, after he found the ves-
sci gone, he decided to enlist vol
unfairly in the Legion.
But after he got in the Legion
he found it was more rugged than
he expected" Comdr. Kroetz ar
gued, land he began thinking OF
that good Navy bunk and the good
Navy food he had left. and he
wanted out. So he appealed to
the Navy to help effectuate his re-
lease from the Legion; but that
does not minimize the fact that
he deliberately deserted.
Appeals for Mature View.
Defense Attorney Walter H.
Norman in a dramatic sumnla-
ton of Ryan's defense appealed to
the Judges as colder more mature
men" to recognize the "old story OF
the come -on" with a pretty girl as
the bait and knock out drops,
which so often is practiced on
young American sailors in foreign
ports"
Mr.. Norman said the evidence
disclosed that the United States
Government had made only a
faint effort" to obtain Ryan's re-
lease from the Legion following
the frantic appeal for help he sent
to Washington in a letter mailed
from North Africa in August. 1947.
Somebody dropped the ball with
respect to getting this boys re-
lease" Mr.. Moorman said. al
though the Navy did all it could
when it asked the State Depart
ment to intervene"
Enlistment Held Voluntary.
While the closing arguments
were under way, the French En-
bassy sent a note to the State De-
partment containing information
from officials in Indo-China on
the Ryan case.
Aceordipo IN the French version