ESTABLISHMENT OF MILITARY JUSTICE .

83 1

on his behalf can make and do make applications for clemency and leniency ,
and I can say from my own positive knowledge that in the exercise of clemency ,
even during the period of the war, while I was in this office a fair and libera l
attitude was exercised toward prisoners, and of course since the return o f
conditions approximating those of peace a more liberal attitude has naturall y
been adopted .
Q. In your judgment, how does this protection compare with the protectio n
which accused prisoners get in the civil courts?A . I would say on the whol e
that the prisoner is afforded as careful protection of his substantial right s
when his ease has finally passed through the Judge Advocate General's Offic e
to the Secretary of War or the President as afforded him in the civil criminal
courts of this country . I do not mean by this answer to intimate that no change s
whatever should be made in our court-martial procedure . For instance . I
believe that the presence of a Judge Advocate learned in the law at each
general court-martial trial would be advisable and that his duty would b e
similar to that of the judge in the criminal case who would charge the cour t
as the criminal judge charges the jury, as to the law applicable in the cas e
and that the law as so laid down by the Judge Advocate must be accepte d
by the court. Again I feel that perhaps the power of the reviewing authority t o
reconvene a court and send back the case for reconsideration after the court ha s
acquitted the accused is one that is of doubtful expediency and perhap s
subject to some abuse .
Q . What, in your opinion, has been the effect, if any, upon the morale o f
the office of the Judge Advocate General of this controversy which has bee n
going on in the public press?A . Of course, I think that the so-called contro-
versy has had a somewhat unsettling and disturbing effect upon the member s
of the Judge Advocate General's Office . I think as a whole the men have fel t
that the work under Lieut. Col . Ansell, as well as under Gen . Crowder and
Gen . Kreger, has been well done by an exceptionally able staff of lawyers ,
if I may be permitted to say so, and they further feel that perhaps not in-
tentionally but none the less inevitable the public has received a wholly wron g
impression of military justice as administered under the Judge Advocat e
General .

EXHIBIT 26 .

MARCH 26, 1919.

Q . Give your full name, rank, and present duties .A . Col . William S . Weeks ;
judge advocate ; executive officer, Judge Advocate General 's Department.
Q . How long have you been on duty?A. About the 1st of August, 1918
somewhere between the 1st and middle of August .
Q . At the time the question of amendment of General Order No . 7 was unde r
consideration in the office, did you have any part in the discussions or in th e
preparation of this amendment?A . No, sir .
Q . Were you present at any of the discussions pertaining to that amend-
ment?A . I think not, sir ; I have no recollection of having been present a t
any discussion of that matter at all . It was all taken up in the Division o f
Military Justice and was discussed by those officers . I have nothing to d o
with that work .
. Q . Explain definitely what has been the status of Gen . Ansell in the office o f
the Judge Advocate General since you became executive officer and up to th e
present time?A . When I first went to the office I acted as assistant to Col . .
Morrow . At that time Col . Mayes was senior assistant, under Gen . Crowder ,
and Col . Morrow was executive officer . That lasted for about a month . Dur-
ing that time Gen. Crowder was in charge of all matters pertaining to depart -
ments and personnel, and went over all the important cases . After Gen.
Ansell's return to the office Col . Mayes was ordered to France and, as I re
member, that was about the last of August, or 1st of September . Shortly there-
after Col . Morrow was also ordered to France . After Gen. Ansell's retur nn
the running of the office remained about the same as when Col . Mayes was i
charge . Gen . Crowder, as I understood it, retained charge of the appointmen t
of all officers. I' know that all recommendations were approved by him and i t-
was my understanding that matters of policy were referred to him . That con
tinued, in a general way, up to sometime about the middle of January, when
Gen. Crowder came back and took charge of the office .