OCR Text |
Show discretion of the court-martial c.pon ! anyone who "attempts to create, be-' gins, onuses, excites, or Joins in" mutiny mu-tiny or sedition, but the liability to the extreme punishment does not stop there. Anyone who, being present at a mutiny or seditious outbreak, does not "do his utmost to suppress it," may be punished by the execution of the death sentence, as If he had been an organizer of the sedition himself. Also, anyone who has reason to believe be-lieve that a mutiny is about to occur or that sedition is bta'ng stirred up must report the mutter in full to hi superior odicer on pain of incurrini! the same punishment us an actual mutineer. mu-tineer. "Making known the countersign" and "forcing safeguard" are purely military offenses for which the death penalty may be imposed. "Relieving the enemy" may cover a number of military crimes against one's country, I and "harboring the enemy" or "direet-j "direet-j ly or indirectly" giving him any sort of intelligence is punishable by death at the discretion of the court-martial. Many Touching Stories. The tragedy of sleeping on post has furnished some of the most famous and touching stories in the history of our own and other lands. Everyone has heard the story of Lincoln's forgiveness for-giveness of the country boy who, tired by a long campaign, slept at his sentry sen-try post. An English soldier, writing of his experiences in this war, tells how he found a young sentry asleep in an Important point of watch, and of the agony of mind that preceded his decision that he must report the youth whose neglect of duty might have had terrible consequences for his comrades com-rades and the army's position. Apropos of the war department's order that death sentences passed upon up-on soldiers in this country be referred to it for review, it is recalled that Lincoln in 18G1 ruled that no army death sentence should be executed until un-til he had personally examined all the circumstances and facts in the case. ELEVEN OFFENSES PUNISHABLE BY DEATH IN UNITED STATES ARMY Sentence of Sleepy Sentries With the Army in France Calls Attention to Offenses Which May Be Punished by Hanging or ShootingDeath Shoot-ingDeath Sentence Is Mandatory Only in Case of Spy Many Touching Stories. the manual of regulations, "death by hanging is considered more ignominious ignomin-ious than death by shooting." Hanging, Hang-ing, the rule continues, "is the usual method of execution designated in the case of spies, of persons guilty of murder mur-der in connection with mutiny, or sometimes for desertion in the face of the enemy; but in the case of a purely military offense, such as sleeplrg on post, such sentence, when imposed, is usually 'to be shot to death with musketry.' mus-ketry.' For the sake of exaaple, and to deter others from committing like offenses, the death sentence may, when deemed advisable, be executed in the presence of the troops of the command.' " Washington. Four American soldiers, sol-diers, sentenced to death for sleeping on sentry duty in the front-line trenches trench-es in France, may be saved from the law's extreme penalty by General Pershing's Per-shing's action in sending the records of their cases to Washington for review. re-view. General Pershing has authority to carry out the sentence of the court-martial, court-martial, but it is only on foreign soil that such power lies in the commanding command-ing general's hands, for by an order of December 29 the war department, at the suggestion of the president, ruled that no death sentence in the army forces In this country could be executed exe-cuted before review of the case by the department. So far as is known here, the only execution of nn American soldier sol-dier In France up to the present time has been that of Private F. Cadue, hanged in November for assault and murder of a French girl. Punishable by Death. Under the laws of the American military mil-itary organization, 11 offenses are punishable pun-ishable by death, although thene are variously subdivided. Spies must suffer suf-fer the death penalty, and theirs Is the only offense for which the death sentence sen-tence is mandatory. For murder and rape, punishment must, according to the ruling, be either death or life Imprisonment; Im-prisonment; If the death sentence is imposed It is by hanging. Spies are usually hanged, also, because, to quote At Discretion of Court-Martial. The other eight offenses, or groups of offenses, listed as punishable by death leave the penalty to the discretion discre-tion of the court-martial. "Death or such other punishment as the court-martial court-martial may direct" is the usual wording word-ing of the army regulation. The offenses of-fenses are cowardice, in any one of a vnriety of ways; sleep or drunkenness on sentry post; desertion or the Incitement Incite-ment to or assistance in desertion ; attack at-tack upon a superior officer or insubordination; insub-ordination; mutiny or sedition; making mak-ing known the countersign; forcing safeguard ; relieving the enemy with ammunition "or any other thing," or harboring or giving intelligence to the enemy. In the offense of "neglect of sentry duty," which is a betrayal of responsibility respon-sibility whose seriousness has made it an almost unforgivable crime against military law, the letter of the regulation regu-lation recognizes no difference between being asleep and being intoxicated. The ruling rends: "Any sentinel who is found drunk or sleeping upon his post, or who leaves It before he Is regularly reg-ularly r.elieved, shall, If the offense be committed in time of war, suffer death or such other punishment as a court-martial court-martial may decree." It Is further provided that "the fact that the accused ac-cused had been previously overtaxed by excessive guard duty is not a defense, de-fense, although evidence to that effect may be received as extenuation of the offense." The point is distinctly made that the sentry who neglects his duty has jeopardized no one knows how many thousands of his fellows, and It may be n crucial position to his country's cause. Whether he was intoxicated in-toxicated or merely asleep is, In the letter of the law, a minor matter. j Insubordination. The rule regarding Insubordination is very strict. It reads: "Any person subject to military law who, on any pretense whatever, strikes his superior officer or draws or lifts up any weapon against him, being In !!ie execution of his office, or wilfully disobeys dis-obeys any lawful command of his su-j su-j perior officers, shall suffer death or such other punUiunent as a court-mnr-j tlal may direct."' It is explained, however, that this does not apply to (ho striking of an officer "In legitimate self-defense,'' and, of course, an officer who strikes a man under him Is liable to severe punishment. pun-ishment. Itules regarding punishment for mutiny mu-tiny or sedition are Inclusive. The death penalty may be Impose;! at the I |