818 ESTABLISHMENT OF MILITARY JUSTICE .

matter with Gen . Crowder about those death cases? " I explained to him tha t
he had Col . Clarke at work reviewing these cases, and he seemed very anxiou s
to be sure of his ground before making definite recommendations, and tha t
Col. Clarke had come to the conclusion that the sentences ought not to b e
executed. To this Gen . Ansell replied that he did not agree with Col. Clarke
that he thought the sentences ought to be executed, and he further stated tha t
Gen . Crowder had directed him to make a review of the cases himself .
Those two events stand very clear in my mind, and there is no possible con -
fusion between them .
Q. To the best of your recollection, was Col . Mayes present at that time?A.
I do not recall whether or not Col Mayes was in the room at that time . There
were other people in the room, but I have no recollection that Col. Mayes wa s
there . I am sure he did not converse . He may have been there, but I would
not state so positively .
Q. Up to the time of that conversation have you any knowledge as to wha t
part, if any, Gen. Ansell took in connection with these proceedings?A. I hav e
no direct knowledge ; no, sir ; but I know that the rule of the office presuppose d
that everything that went to Gen . Crowder passed through Gen. Ansell first.
Q . You have no affirmative knowledge?A . No, sir ; I have not .
Q . You don't know, then, whether or not, when the papers originally passe d
through his office to Gen . Crowder, he personally examined the cases?A. No,
sir ; I have no affirmative knowledge on that point, but I am quite sure he wa s
in the office on the occasion that Col . Mayes turned the cases over to me, with
the suggestion that Gen . Pershing's letter be embodied in each . The impres-
sion I received was that this was the only change they wanted made in the
reviews.
Q . After that change had been made, do you recall whether you took th e
papers in yourself, or did they go in in the routine way?A . I have no distinct
recollection of that ; I suppose, though, that they went in the usual routine way . .
Q . Do you remember the circumstances of the circular which went out alon g
in March, 1918, relative to joint trials? Was that over your signature?A . I
think it was over Gen . Crowder's signature, but I prepared the paper .
Q . Do you recall whether or not Gen . Ansell or Col . Mayes had any connec-
tion with that paper at all Did they make a protest?A . I think they did no t
That is, they made no protest . Whether or not they had anything to do with
the paper or not I do not know . My recollection of it is that I turned it ove r
to Col . Spiller, the executive officer, for office approval, before sending it out ,
and I am quite sure that it bore the signature of Gen. Crowder, when finall y
published. After it was published, and some cases came in which showed tha t
judge advocates misunderstood the purpose of the circular there was, I think ,
some criticism by Col . Mayes, but none before, as I recall .
Q . Was that circular the cause of any special trouble or embarrassment?
A. A misunderstanding of that circular, I think, resulted in faulty trials i n
several cases which were criticized by the department ; and the results, I think,
were set aside . To that extent ; yes . I don't know to what extent it was th e
subject of embarrassment . It was misunderstood by some judge advocates in
the field, and they applied it in cases where it was not intended that it. should
be applied .
The reason for the publication of the circular was as follows : There were
several cases which came to the department in which joint defendants ; that is
to say, men who participated jointly in the commission of crime, had been sep-
arately charged and separately tried ; tried each of them by the same court.
Now, it was perfectly obvious that the members of the court, after trying on e
defendant, would have a perfectly clear idea as to the other defendants . We
sent this circular out with the idea in mind'of informing judge advocates tha t
when a situation of that kind arose, the practice should be to try them jointly .
Q . Referring back to the four death cases in France, do you recall the cir-
cumstances under which those cases first came to your desk? Were they re -
turned by you for correction?-A. I don't recall that ; but if that was the situ-
ation, I probably did, because I would want each case complete in itself. I
don't even recall that there was a letter from Gen . Pershing with them ; I ha d
so many cases on hand at that time .
Q. You don't recall the circumstance of returning them?A . No, sir . It is
probable I did if that situation existed .
Q. Was this (luring Gen . Ansell's absence?A . I think he was absent durin g
all of that . I don't think those cases were called to Gen . Ansell's attention
until after they had been sent to Gen . Crowder .