Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-08-04
Continued From First Page

Continued From First Pagl
before the court, in a close
session, fixes the penalty.
/ Sergt. McKeon received tn
verdict with frozen calmnes
| but his wife fled from the court
room in tears.
Glad It's All Over
I'm glad it's all over" tn
sergeant breathed as friends ant
well-wisherS crowded around hin
after the verdict was announced
ITS a pretty fair deal"
Mr.. Berman, whose fiery AM
long ranging battle for the &C
cused was credited with Keeping
the book" from being thrown
at him. had this to say:
/ "I'f he's kept in the Marin,
Corps. I'm not appealing any
thing"
/ But dark haired Betty, VIII,
has been steadfaSt in her pres
ence during IA days of the trial
cried tearfully: I'm stunned
She found fleeing refuge on ;
couch in a side room assigned tt
the defense. BY the time Sergt
McKeon pushed his way into tn,
room. she had composed hersel
a bit.
She came into his arms ant
kissed HIM. Looking over he
head. the tall sergeant, his lip
trembling, said. This is the cir
that helped keep me up"
Face Reveals Anxiety
! With that Betty's tears cam,
again, rolling down cheeks draw
by weeks of anxiety. Gropin!
her way to a corner, she turned
her face to the wall as the ser
geant tried to comfort her.
In another corner, Mrs. Thorn
as Costello of New York, tn
sergeant's sister, was crying
too. Someone, at last, shcoe,
everyone out and left them t,
their sorrow.
The sergeant was tried unde
four charges. The first was VIC
lation of Article 90 of the Uni
form Code of Military Justice. O
specifically the violation of ;
general order prohibiting tn,
possession or use of an alcoholic
beverage sin barracks housing
single enlisted personnel"
This charge was unuontestet
by the defense as Sergt. McKeol
admitted drinking vodka on tn
day of the fatal mach with tw,
other noncoms-Sergt. Elwyl
B. Scarborough, a rifle coach
and Corp. then Sergt0 Richar,
j King. a junior instructor Will
the accused in Platoon II.
Could Get 2 Years
The guilty finding on thi
charge could carry a penalty O
two years in prison. But it wa
expected that Sergt. McKeol
could not be melted out a severe
penalty than was given the othe
two sergeants. That was a fin
and loss of a stripe. and tn
sentences were suspended.
The second charge was viola
ton of Article SO of the cod
involving oppression of troops
This apparently was tossed GU
by the court on the grounds a
outlined by the law Officer Nav,
Capt. Irving N. Klein of Ney
York. In his instructions. Capt
Klein emphasized that a findin
of guilty on this charge must b
based on unjust and excessiv
use" of power and not the "mer
doing of an act, and tn
sergeant's leading Of his mel
seemed in advance of the court
finding to rule out this charge.
I 1t also was included as a speci
lflcation under the third charg
of manslaughter by culpabl
negligence and a finding of no
guilty was automatic after tn
second charge had been rasset
upon.
In reducing the first specifica
ton of the manslaughter charge
the court substituted the wolt
simple" for "culpable" ant
changed the charge from viola
ton of Article SO of the code t,
violation of the catch-all Articl
1874.
This is a general order cover
ing a variety of acts that woulC
be prejudicial to the armed serv
ices. and it was under this orde
that the sergeant was accused q
the fourth charge of drinkin,
in the presence of a recruit.
A maximum penalty of on
year in prison could be imposed
on the negligent homicide charge
However, Maj Charles B. Sewer
the prosecutor, said he knew O
no cases in which the maximum
had been given.
This finding of simple negli
eence indicated the court wa
not swayed by evidence of vodki