Military Justice Establishment Insights
Uploaded by
EsLebeDeutschlandMilitary Justice Establishment Insights
Uploaded by
EsLebeDeutschland790 ESTABLISHMENT OF MILITARY JUSTICE .
not to the Secretary of War . I do not remember to have ever seen that report
and know he never personally submitted it as he did the informal report . It is
true that up to that time it had never been forwarded to the Secretary of War .
Q. In connection with the publication of the order of November 8, designatin g
Gen . Ansell as Acting Judge Advocate General, were you, upon any occasion,
present during interviews between the Secretary of War and Gen . Biddle?A.
I have a little difficulty in answering the question . My difficulty arises fro m
the fact that I am unable to say whether the Secretary of War repeated to me
some conversation that he had with Gen . Biddle, or whether I talked directl y
with Gen. Biddle. I do recall that I heard about this time that Gen . Biddle
said that Gen . Ansell had represented to him that we were agreed that the
order should be issued and when he was asked more particularly he remarked ,
" That is the impression I have carried with me all this Hine ; but if Gen. Ansell
should say he did not use language of that kind I would not be in a position to
dispute him ." I dismissed the thing from my mind after I saw the monorail-
Aunt Gen . Ansell handed Gen . Biddle and which contained what Gen . Biddl e
had seemed to recollect.
Q . That, then, was Gen . Biddle ' s explanation presumably of why he passed
that order without bringing it to the attention of the _Secretary of War?A .
Yes .
Q . What connection had Gen. Ansell with the revision of the Articles o f
War?A. I was appointed Judge Advocate General on February 15, 1911 . I
do not remember just when Gen . Ansell came to duty in the office, but I thin k
in 1913 . The first revision was submitted, I think, in May of 1913, but it wa s
in the course of preparation for probably a year before it was submitted . Dur-
ing that time if I had any correspondence with Gen . Ansell it ought to be o n
the files of the office or he may have copies of it . I have no recollection of th e
correspondence to which he refers . It would be quite natural for me to con-
sult him, for his legal abilities had attracted may attention even prior to th e
date of my appointment . If he has the correspondence it ought to answer you r
question . I have not it. I have two or three memoranda that he submitted
to me upon articles which we were considering for incorporation in the code .
I have them put away in a file in which I keep all of the official memoranda j
receive from Gen . Ansell that do not become finalof which there are a large
numberjust as for every other subordinate in my office . I have looked them
over to see what evidence they contain and find two or three memoranda o n
two or three different Articles of War . I have asked questions of the men i n
the office at the time whether they heard these views of Gen . Ansell's respectin g
the scope of revision . I have not learned of any expression he made at tha t
time of dissent from the revision on account of it being lacking in scope an d
fundamentals . I think I have covered your question . He never was aggres -
sive in making suggestions and had the most ample opportunity, because no t
until 1916 did we get the revision through . Perhaps he has memoranda whic h
would elucidate the subject further .
Q . In that connection can you give the names of the officers of the Judg e
Advocate General's Department who were especially engaged in the revisio n
of those Articles of War?A . Gen . Kreger took a more active part than anyon e
else. He helped on them while yet acting judge advocate of the Departmenyt
of Colorado. Later, when he entered upon duty in the office, he frequentl
was consulted thereon . The office was a small one in'those days and I do nott
instantly recall the names of others, but perhaps I could with the aid of M
records . Gen . Kreger ought to be asked about this, because his recollections
would be better than my . own .
. EXHIBIT 11.
MARCH 15, 1919 .
Questions by Gen . CHAMBERLAIN .
Q. 'Give your name and rank .A, James Easby-Smith, colonel, judge advo-
cate, at present on duty in the office of the Judge Advocate General .
Q . How long have you been on duty?A . I was commissioned a majo r
July, 1917 ; on account of being chairman of the district hoard of the Distr}eui
of Columbia I did not accept same until September 20, 1917, and was tho
ordered to report to the Judge Advocate General personally for assignment. t o
duty . Was ordered to duty in the Office of the Provost Marshal General, rah l
remained on duty in that office until November, 1918, when I went abroad,, anal
on my return from abroad, the latter part of February, 1919, I was verbally as-
