ESTABLISH1VIENT=W MILITARY' 'USTICE .

83t
Q . You stated that when you became senior assistant and - believing that al l
matters pertaining to the disciplinary division should pass over your desk, yo u
gave instructions to that effect and after that they did pass over your desk?
A. Yes, sir.
Q. Have you any reason to believe that that same result could not have bee n
accomplished if Gen . Ansell had so desired?A . No ; I don't know of an y
reason . In fact, I don't know how the other system grew up . I felt that if I
would be charged with the responsibility of the office I should know what wen t
out of it, therefore I permitted nothing to go out expressing the opinion of th e
office except over my signature or in important cases, Gen . Crowder's signature .
Q . There was no objection made to that when you made the proposition?A .
No ; Gen. Crowder was at that time occupied at the Provost Marshal General' s
Office so that he did not have very much time to be at the Judge Advocate Gen-
eral's Office .
Q . Upon the return of Gen . Ansell from Europe, did he automatically assum e
the duties of senior assistant, or did he receive any special orders so far a s
you know?A . So far as I know he automatically assumed his duties .
Q . You do not know of any specific instructions which he received relative t o
the scope of his duties?A . No ; I probably would not know unless he told m e
and I do not remember him saying anything about it .
Q. Do you recall the cases of Ledoyen, Fishback, Sebastian, and Cook of th e
American Expeditionary Forces, known as the four death cases of France?
A. I remember those cases ; yes, sir .
Q . Do you recall the circumstances connected with the review of those case s
in the office of the Judge Advocate General?A . They were reviewed and th e
death penalty was sustained as I remember. I am speaking of the original
review.
Q . The cases were originally reviewedI am speaking now of what the evi-
dence shows and the examination of recordsby Maj . Rand and then they
passed over the desk of the chief of the division, who was Maj . Davis, to your
office (Gen . Ansell's office) and finally to the Judge Advocate General, and the n
from the Judge Advocate General there were a lot of ramifications, there wa s
a memorandum submitted by Col . Clark, and finally went to Gen . Ansell, etc .
Do you recall what action was taken in Gen . Ansell's office on those paper s
when they originally passed from the division of military justice to Gen .
Crowder?A . I believe that my recollection is clear to this extent : Gen . Ansell
was not there when those reviews came in and I passed those records to Gen .
Crowder concurring in the reviews . The reviews I think recommended the
execution of the death penalty . I concurred in that view . Then when Gen.
Ansell came back Gen . Crowder asked him to review it . Gen . Ansell read the
reviews and did not concur . Now, as to whether he disagreed in all the case s
I am not sure, but the memorandum he filed at that time would show what hi s
holding was .
Q . Do you recall whether or not, prior to being called upon by Gen . Crowde r
to review these cases, he had expressed himself verbally regarding the advis-
ability of carrying out these sentences?A . I am quite sure there was n o
change of view . I base that conclusion upon this : Gen . Ansell and I were i n
the same office and when these cases were turned over to him to read he im-
mediately took the view that he afterwards maintained . I do not believe there
was any change in his views . That idea may have grown up from the fac t
that they were sent to Gen . Crowder by me concurring in the imposition o f
those death sentences . Ansell and I differed on those cases and I am sur e
that Ansell was not here when they were passed to Gen . Crowder . I woul d
like to say there that I approved the death penalties in those eases in vie w
of the law as it now stands . I may say that I doubt the necessity of permit-
ting the death penalty be imposed in all such cases ; however, I was charge d
with the administration of the law as I found it and I therefore favored th e
execution of the sentences believing that they were flagrant cases such as wa s
contemplated by the statute in authorizing the death penalty ,
Q . I think you stated that Gen . Ansell was called upon to review those ease s
after they had gone up and that was what led to his view?A . Yes, sir .
Q. How long were you in the office after Gen . Ansell returned from Eu-
rope?A. Not over a week because I went on leave and then departed imme-
diately .
Q . Have you any knowledge or do you recall anything with regard to th e
-report which he submitted on his trip to Europe?A . No ; I don't think that i t
had been submitted when I ceased to have an interest in the office because 1