The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1953-09-16
One Bullet Fired In Korea Kicks Up Legal
Storm Over Power OF Air Force Over Vets

&c Over Vets
Thomas l.. Kinder. n. of cieve.
Land. Tenn.. and a.. George c.
sehreiheF. n, cf hollywood. III.
The ofIiciaI EtoFy waa that Kin-
Der was on guard duty VIXEN he
caught Bong ~ he restricted area
and Tcth. TIE sergeant 81 TIE
guard. paatni.whlpped the Korean.
Thea. TIE stoFy eontinnes. sehrei.
Der. the olficer on duty. said some
thing ahoug getting rid" a Bong.
which Kinder later testified be IN
derxtood az 80 order b have the
man shot. Sehreihsr denied issuing
any sneh ordsr.
And the official story concludes
that Togh ard Kinder drove BONG
away IN . ieep ard Kinder took
him aside and shot him 10 death.
A eourt martial sentenced
Sehrelber 10 lie lmpFisanmens and
gave Kinder . similar sentenee
which later waa reduced 70 two
years. Both eases are now under
review.
But 10th never went on trial.
A few days after his arrest. an
attorney for 10th charged the Air
Force had denied 10th bis con.
atitational rights 10 q preliminary
hearing and benefit Of counsel. A
federal court was asked 70 free
Tcth from Air Force custody.
On the other side, the Air Force
commended Il acted merely In &C.
eordance with me laws approved
BY CongreAs-and that 10th was
given every legal consideration
under the uniform code Of military
justice. He was not arrested. the
Air Force said. until the action was
approved by the secretary ~ the
Air Force alter a careful review
ut nc tagt1.
The Air Force cited an article
Of the code as authority Cor Toth's
arrest and his transportation TO
Korea 20 stand trial. This article.
part Of the revised uniform code
81 military justice which became
effective in July 1851, provides:
ANY veteran Is subject % arrest
and trial BY military eourt--even
after an honorable discharged he
Il charged with having committed
while IN uniform > crime punish.
able By five years or more In
prison. However. this action Is
authorized only in eases where the
accused cannot be tried In . US.
clvll court.
Ever since 1855 the Armed
Forces have had authority 20 or.
rest and Try ex-servicemen for any
frauds committed against the gov.
ernment while they were IN uni.
form.
Four years ago Congress began
considering ways % close looph0les
through whlch ex-servicemen have
escaped trial Tor major crimes be.
cause neilher military or civil
courts had Jurisdiction in their
eases.
Us. Dist. Judge Alexander Holt.
soit. after listening 10 arguments
on both sides. said; 1T seems
appalling 10 the court for the Air
Force 10 seixe q civilian In Pitts.
burgh and immediately transport
him to Korea for trial without q
hearing Of any kind" lie termed
the action VERY drastic and some.
what arbitrary" aud said Il shows
the danger Of arbitrary power"
Hollzoff gave his ruling Sept. !
In freeing 10th under 81. 900 bond
pending an appeal 10 higher courts
BY the Air Force.
Holtzoff's ruling. IN granting
10th . writ Of haheas corpus. vas
limited % the question Of whether
the Air Fierce had authority 20 take
10th 70 such . distant point a
Korea for trial. lie said the Law
did not specifically authorize such
an action.
But the Air Force contends that
4 q has authority 10 move q man
one lnch--then II has authority %
move him io.000 mics.
In any case the Supreme Court
likely viii have 10 make the final
decision. And there Ia some sensi.
ment % change the Law under
whach 10th was arrested and taken
90 Korea.
In life. Bong sodn XII was not
. man Of importance. The military
has not yet been able 10 find any
next Of hin. But his death nav
have is place IN history as the
start of a legal tangle mat could
be unraveled by Congress and the