Military Justice Administration Insights
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EsLebeDeutschland838 ESTABLISHMENT OF MILITARY JUSTICE .
divorced myself from the office when I found I was going to Europe . Of course ,
I talked with him, but I never read the report . I had no time nor opportunity .
Q . During the period that you were on duty in the office with Gen . Ansell
do you recall any recommendations of an important nature made by him wit h
respect to the administration of military justice which were not adopted? I
except now all recommendations pertaining to the interpretation of section 1199 ,
Revised Statutes.A . I do not recall any . Of course, in an office of the sor t
there are a great many recommendations and discussions that are hard to iso-
late. I don't recall anything particular now . There may have been.
Q . In France you have been in the office of the judge advocate of the Ameri-
can Expeditionary Forces,?A. Yes, sir .
MAY 7, 1919 .
Q . Referring to the question of the four death cases in France can you tel l
me in a general way what Gen . Ansell's views were with respect to men who
would go to sleep on post in the face of the enemy?A . I can not affirmatively
state that he ever told me what his views were, but I think it is quite pos-
sible that he may have. I base this statement upon the fact that I have hel d
to the view that where a soldier was found sleeping , on sentry duty in the
front line he should receive the most severe penalty authorized for that offense ,
which is death unless there was some very mitigating explanation of his con -
duct . I have held to this view because a sentinel in such position holds th e
lives of his comrades in his hands . Having stated my opinions I will say tha t
I do not remember of Gen. Ansell ever disagreeing from that view . His dis-
agreement on the four cases from France was upon the sufficiency of thos e
cases and not upon the principle . I can not say that Gen. Ansell ever said
anything to me about this, but it is very probable, in fact extremely probable ,
that we have discussed the abstract proposition as I have outlined above .
Q . Was Gen . Ansell in the habit of expressing his views on subjects gener-
ally, freely and forcibly?A . He was .
EXHIBIT 31 .
APRIL 29, 1919.
Referring to this matter, Mr . Earle L. Brown, who at the time was stenog-
rapher in Gen . Ansell's office, states :
" You ask me if I can recall any discussion on the four death cases in France.
I can't recall any definite discussion . I do think, though, that when thos e
cases were first discussed that Gen . Ansell, before reviewing the cases at all ,
had really expressed himself that the conviction ought to be sustained, but I
know that after he reviewed the eases and found the circumstances of them,
or rather when the circumstances showed those men had, as I recall it, bee n
exposed to so much fatigue and long duty, that on that ground his opinion wa s
altered . I can't say anything definite, but that is my impression . "
MAY 5, 1919.
Q . Do you recall that when Gen . Ansell returned from Europe he wrote a
report of his observations over there? Did you write that report for him?
A. Yes, sir .
Q . Do you know what disposition was made of the original of that report?
A . In the first place it was written coming over on the boat, and I don' t
know what became of it, but I know it was turned into Gen . Crowder, and my
understanding was that report was made, through Gen . Crowder, to the Secre-
tary of War.
Q . Do you know for certain that the original report was given to Gen .
Crowder, or is that merely a presumption?A . It is a presumption stron g
enough to satisfy me, but I can't say I saw him hand it to Gen . Crowder ; but
I think Gen . Ansell submitted it with a supplemental report of his persona l
observations, and I believe I can say with certainty that Gen . Crowder dis-
cussed that with him .
Q . Did you write that supplemental report also?A . Yes, sir .
Q . Was that written coining over on the boat or after your arrival?A . I
think it was written on the boat .