ESTABLISHMENT OF MILITARY JUSTICE .

78 5
as to whether the officers of the A. E . F . had given these newly enlisted sol i.
diers instructions as to the gravity of these two offensesdisobedience of
orders and sleeping on post . Later, I submitted the case to Gen . Ansell, ex-
pressing to him the feeling that I had about the execution of these sentences,
and asking him to submit me a memorandum . This he did in rough form,
which is now in the hands of the Inspector General, and which speaks fo r
itself. My recollection is that he submitted this memorandum on the 15t h
day of April, 1918, and that on the following day I submitted a supplementa l
memorandum on these eases incorporating what I thought was the essentia l
part of Gen . Ansell's memorandum to me . My recollection is that the Chie f
of Staff had not reported on the cases and that when he did report he re -
ferred . not only to my original memorandum but to my supplemental mem-
orandum .
In addition to what is stated here I had more than one conference with th e
Secretary of War as to the final action to be taken upon these cases in respec t
of clemency . My recollection is that there were three such conferences and
that in the last conference between us the Secretary of War stated that hi s
mind was made up not to execute the death penalty, notwithstanding Gen . Persh-
ing's urgent request for authority to carry the sentences into execution .
Q . After his return from France Gen . Ansell issued certain written instruc-
tions to the boards which were operating in the department . Did any reaso n
exist whereby he could not have issued those instructions or similar instruc-
tions in regard to any matters in the office, except during his absence?A . No ;
as I was consulted on the orders he issued.
MARCH 17, 1919.
Q. Do you know the source of the article which appeared in the New Yor k
World on January 19?A . I do not, but I do know personally the man unde r
whose name it was published, Roland Thomas . He called at my office with the
Secretary of War's visiting card, and asked to see a limited number of records ,
which I do not think exceeded six . I gave him access to the records and i n
the course of an hour, and I think in less than half an hour, he returned
with two court-martial orders in his hand . At that time Col. Reed, the hea d
of the Section of Military Justice, was in my office conferring with me . Mr.
Thomas said, "Here is a confirmation of what the papers are saying, namely ,
that there is grave inequality of punishment . I have in my hand," he said, " two
court-martial orders showing proceedings in two cases tried in two courts a t
Camp Dix, N. J., both trials for desertion . In one case the man is sentenced
to 25 years ; in the other to six months ." Col. Reed said to him, "Let me
see those orders ." Thomas passed them to Col . Reed, who looked at the m
and handed them back . That ended the conversation and Mr . Thomas went
out and a few days thereafter there appeared the article in the New Yor k
World, occupying the entire first page of the editorial section of the Sunda y
edition, January 19, and invaded two or three interior columns . I thin k
the total length of time he was in my office did not exceed an hour, and I fee l
it did not exceed half an hour .
Q. What were your conclusions relative to the preparation of that article?
A. That it was prepared by some one who had access to the records of my office .
Q . You stated that you had no knowledge as to the identity of the perso n
who prepared it?A. Absolutely not .
Q . Is there anyone in your office who would be in a position to possess tha t
information?A. Every officer on duty in the office would have access to thos e
records and they would be particularly available to officers at work in th e
Section of Military Justice and in the clemency section .
Q . Then an article of that kind could be prepared by any one of those officer s
without it being apparent to anyone else that they had prepared same?A . I
should say so ; and add that it might be prepared by any clerk who had th e
ability to write such an article.
Q. It appears in the evidence that at the time Gen . Ansell was appointe d
brigadier general, and by virtue of such appointment became senior assistan t
in the office of the Judge Advocate General that he received certain verba l
orders of the Secretary of War regarding his duties . Have you any knowledg e
regarding that subject?A. I do not recall ever having heard of such order s
being issued, but would not undertake to recollect every conversation I ha d
-at that time .
Q . In the order, which was issued on November 8, assigning Gen . Ansell t o
duty as Acting Judge Advocate General appears this statement : " The verbal
13226519rr 7--6