Military Justice Review Process Explained
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EsLebeDeutschlandMilitary Justice Review Process Explained
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EsLebeDeutschlandESTABLISHMENT OF MILITARY JUSTICE . 827 .
with the suggestion that there should be incorporated in all four review s
rather than in only one the full text of the recommendation of Gen . Pershing.
The reviews were rewritten conformably to the suggestion and were returne d
through Col . Davis to Gen . Ansell and Col. Mayes . From there they mus t
have gone to the desk of Gen . Crowder. Up to that time I had understoo d
that the office was to recommend the execution of these sentences. Prior t o
this time I had discussed the cases with Maj . Rand and perhaps one or tw o
other officers and had expressed my dissent from the conclusion that the sen-
tences should be carried into execution . The records found their way to the
desk of Gen . Crowder for his approval and signature, after having passe d
through the hands of Gen . Ansell and Col . Mayes with the recommendation tha t
the sentences be carried into effect . It was on this point, and some time after
the middle of March, 1918, that Gen. Crowder called me into his office an d
stated, among other things, in substance, that these records had come to hi m
for his approval, that he was disturbed about the cases, and he requested m e
to take the records, make a careful study of them, and write reviews ampli-
fying the statement of facts with a view to setting forth a complete histor y
of each case in the review. He also requested me to study the records i n
similar cases coming in from the same and other divisions in France with
the view of determining whether or not the sentences imposed in other and lik e
cases bore any relation to the sentences upon which the office was then abou t
to act. I prepared a full review in each case, concluding with the statemen t
that there was some evidence which, if believed by the court, would support
the verdict of conviction and that there were no jurisdictional errors . The
reviews prepared by me did not contain any recommendation as to action t o
be taken . They were submitted to Gen . Crowder about April 10 . At the same
time I submitted a lengthy memorandum discussing these four cases and givin g
the history of a number of similar cases arising in France, and concludin g
with a strong expression of my views as to the disposition to be made of th e
cases, viz, that the death sentences should not be carried into effect . About th e
time these reviews and this memorandum were handed to Gen . Crowder, I
think on the same morning, I had my last talk with Gen . Ansell concernin g
these cases. He asked me, in substance, " I understand that you are not in
favor of carrying the death sentences into effect upon these men convicte d
in France," and I told him that I most emphatically was not and that I wa s
satisfied that if he would take the reviews which I had prepared for Gen .
Crowder and the supplemental memorandum and study the whole situation
carefully that he would agree with me that these sentences should not be
carried into effect . This occurred about a month and a half after the record s
came into the office and at least a month after Maj . Rand had prepared his
reviews recommending that the sentences be carried into execution . A few
days later, I understand, Gen . Ansell was requested by Gen . Crowder t o
submit his views to the latter upon the cases, and he prepared a writte n
memorandum for Gen . Crowder. All of the facts that he sets forth in hi s
memorandum, both concerning the death cases and other like cases, the char-
acter of the convicted men, etc ., were taken entirely from the memorandu m
which I had laid before Gen . Crowder on April 10 . I understand that there
was a formal recommendation added to the reviews prepared by me . The
exact character of that recommendation I do not know, as I never saw th e
reviews after they left my desk . Under date of April 16 Gen . Crowder, i n
connection with the records and reviews, transmitted to Secretary Baker a
long memorandum . I have seen a copy of that memorandum . It embodied i n
very large part the text of the memorandum which I had submitted to hi m
under date of April 10, and in addition amplified views of his own . It like-
wise embodied, in substance, the views which Gen . Ansell had expressed in
his memorandum to Gen . Crowder under date of Anril 15. This memorandum,
signed by Gen . Crowder, went to Mr. Secretary Baker with the records and
reviews, and in very large measure furnished the basis for the communica-
tion which Mr . Secretary Baker wrote about two weeks later to the President ,
transmitting the records and the reviews, and which, after a presentation o f
the facts and the history of each case, recommended that the death sentence s
he not executed .
Q. During the interview which you had with Gen . Ansell on this occasion did
Gen . Ansell give expression to his views as to whether or not the death sentenc e
should be executed?A . Not upon this occasion .
Q . Did you upon any occasion hear him express his views upon this subject?
A. Yes, sir.