774 ESTABLISHMENT OF MILITARY JUSTICE .

ExH1aIT 5.

WAR DEPARTMENT,
OFFICE OF THE JUMP ADVOCATE GENERAL,
Washington, October 30, 1917 . :
Memorandum for The Adjutant General .
Subject : Trial of Pvts. Clarence Maheu, Calvin Kunselman, Ralph K . Green ,
Wilfred Kight, John J . Poryanda, Frank J . Adamik, John Van De Vooren ,
Orel Perrier, Andrew J . Brown, Wilburn L . Monson, Henry C . Park, Willia m
F . Hess, Roger Graves, and Rupert P . Orndorff, all of Battery A, Eighteent h
Field Artillery .
1. The men named above were tried by a general court-martial at Fort
Bliss, Tex ., September 17, 1917, for violation of the sixty-sixth article of war .
There was but one specification under the charge, in which it is alleged tha t
these men " acting jointly and in pursuance of a common intent did, at Cam p
Firt Bliss, El Paso, Tex., on or about the 22d day of August, 1917, voluntarily
join in a mutiny which had been begun in Battery A, Eighteenth Field Artillery ,
against the authority of First Lieut . Harry A . Harvey, the commanding office r
thereof, and did refuse to assemble for drill . "
The first eight of the accused were sergeants at the time of the commission
of the alleged offense and the remainder were corporals, but between the dat e
of the charges and the date of trial a regimental order had been issued reduc-
ing all of them to the grade of private. A copy of this order was introduce d
in evidence and made a part of the record, and they were found and sentence d
as privates. The court found Pvts.. Maheu, Kunselman, Green, Kight, Por-
yanda, Adamik, Van De Voren, Brown, Graves, and Orendorff guilty a s
charged, and found Pvts. Perrier, Monson, Park, and Hess not guilty . The
court pronounced sentence as follows :
Pvts. Maheu, Kight, and Adamik " each to be dishonorably discharged th e
service, to forfeit all pay and allowances due or to become due while in con-
finement under this sentence, and to be confined at hard labor at such plac e
as the reviewing authority may direct for seven years . "
Pvt . Poryanda to be dishonorably discharged, to forfeit pay and allowance s
as above, and to be confined at hard labor for five years .
Pvts . Kunselmn, Green, Van De Vooren, Brown, and Orndorff to be dis-
honorably discharged, to forfeit pay and allowances as above, and to be con -
fined at hard labor for four years .
Pvt. Graves to be dishonorably discharged, to forfeit pay and allowance s
as above, and to be confined at hard labor for three years.
Pvts : Perrier, Monson, Park, and Hess were acquitted .
The reviewing authority approved the finding, sentences and acquittal, an d
designated the United States Disciplinary Barracks, Fort Leavenworth, Kans. ,
as the place of confinement (G. C. M . O . No . 1174, Headquarters Southern
Department, Fort Sam Houston, Tex., Oct . 16, 1917) .
2 . A simple narrative, gleaned from the record, of the events leading up t o
and constituting the alleged mutiny may be stated as follows : On the evening of
August 21, 1917, Capt . Harry A . Harvey was the commanding officer of Battery
A, Eighteenth Field Artillery, the organization to which these men belonged .
About 7 .15 or 7.30 of that evening Capt . Harvey in passing through the street s
of his battery noticed, as he states, that practically all of the men present in th e
battery at that hour were congregated around a " crap game" in the batter y
street. The number of those actually playing does not appear ; neither does it
appear that there was any disturbance or disorder as a result of the game. H e
stopped this game and ordered all the men then present in the battery to go t o
bed and put out their lights . He further placed, not only these men, but al l
other men of his battery in arrest, whether present or not, and appears to hav e
directed that as fast as the men returned to camp they should be directed t o
report to their tents in arrest . The only justification found in the record fo r
this extraordinary action on the part of Capt . Harvey is contained in thi s
statement, made by him while testifying as a witness :
" The reason wasI would like to change that last . There were two reasons :
First, that I might get the battery together and have all the men present th e
next day, and, second, to prevent a recurrence of a rather general disorder an d
fight which had occurred two nights previous to this between mine and th e
adjoining battery, which had required the personal attendance of the officer
of the day and the commanding officer of Battery B, which kept the latter up