Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-06-16

over Tile case OF ARMY 0peclallSL
American CT sits unpublished in
If he is hanged land there
Pvt. Orvis L. c. Boone, "a. of G
United States soldier so executed
of forces" agreements recpgniz-
ing foreign courts Jurisdiction
over American troops.
That Boone's crime and SEN
tence have aroused neither the
Japanese nor the American pub
lie is taken by the Pentagon as
evidence that the Girard affair
has been ballooned out of pro-
portion by politicians here and
abroad.
BY logic, the Japanese should
be, more outraged at Boone.
While Girard is charged with /.
Turing a Japanese asant
woman onto a firing range and
then killing her with a shot fired
for fun and to scare her, Boone
has been convicted of two bruts:
murders, robbery and arson.
Was AWOL
An AWOL from his Japan
stationed Army unit, Boone in
1856 started a crime excursion
with his native girl friend, She
geco Sasaki. First Miss Sasaki
lured another American, Edward
X. Maunakea Of Honolulu. into
q dark alley. where Boone robbed
and killed him. Then the pair
allegedly broke into a japanese
home, robbed and killed a
woman and burned down the
house to conceal their crime.
Tried first by a United States
Army court-martial for 1.-THE
Maunakea killing. Boone was
convicted and sentenced to life
imprisonment. He was then sur
rendered to the Japanese au-
thorities and both he and his
girl accomplice were sentenced
to hang for the second murder.
At present, Boone's case is be-
ing appealed, and the Japanese
prosecutor has recommended to
to the appellate court that his
sentence be commuted to life
Imprisonment.
THAT" a Pentagon spokesman
stated. sis in line with the con-
sistent policy of foreign govern
ments. They do not like long i'm
prisonment of American soldiers
and none of them wants the I'M
pleasant prospect Of executing
one"
Other American Case
The only other case of an
American serviceman who came
close to foreign execution was
that of a CT who was actually
sentenced to hang by a British
court. Fatal stabbing of a British
national was the charge.
Prior to execution, however,
the CTS defense counsel discov-
cred that the victim died, not
directly from the stab wound
but from an improperly admin
istered dose of antibiotics. So
informed. the British court dis
missed all charges and freed the
soldier. In the end his only pun
ishment was by an Army special
court-martial that convicted him
of carrying a switch knife with
q 3-inch blade in violation Of
regulations and sentenced him
to 80 days imprisonment.
Certainly" the Pentagon
spokesman said. that soldier
would have been more harshly
treated if he had never been
turned over for British trial. A
colurt-martial under the same
circumstances would have prob
ably found him guilty Of the
lesser offense of assault with a
deadly weapon and given him
o long prison term"
Lenient Treatment Accorded
Statistics show that. world
wide. American soldiers on duty
in 70 countries get generally
lenient treatment from foreign
courts.
A years compilation Dec. 1,
1855 through last November)
shows 14.394 cases. in which
foreign courts could have
claimed jurisdiction over Ameri-
can servicemen. civilian en-
ployes. or dependents. In 9.6l4
cases 1857 per cent? the foreign
power waived its right.
OF the 4,780 cases where the
foreign power kept jurisdiction
the records of cases closed
shows: 275 acquittals. 178 Jail
sentences suspended. 108 actu-
ally confined in foreign jails,
and $500 let off with fines.
The worldwide figures list
nine murder charges against
United States servicemen and
one against a civilian worker for
the Army. OF those, four Boone
included) were listed as awaiting
trial. five had been acquitted,
and one given a suspended jail
sentence.
The Japanese breakdown
shows 5,544 Americans 4,799
servicemen, $40 civilians and 1856
dependents) charged with Of
lenses where Japan had juris-
dictional rights. OF these. Japan
waived jurisdiction on all but
1875.
To date, Ill Of the 135 have
been tried and all were convicted.
The courts fined 81 of them,
suspended jail sentences on AZ
and jailed is.
mild" Sentences
The Jail sentences were gen.
orally milder than those given
by military courts.
Two Of the is jailed in Japan
last year we're convicted Of rape:
one got a 3la-year sentence and
the other three years. The other
Is we're convicted Of serious rob-
berries and larcenies. One got