european theater operations board of review opinions, volume 8
TRANSCRIPT
European Theater Operations Board of Review Opinions, Volume 8BOARD OF REVIEW BRANCH OFFICE OF THE JUDGE ADVOCATE GENERAL
.EUROPEAN THEATER OF OPERATIONS 1umm · VNcLAGs~ r-1~12. ................_
BY AUfHORiTY CF TJAG . . . . ..................... BY.. R.E.~t.Nl±~P..C/11, L~t:.~. :rCo.'=.~ ·· J/l.G._C7 ...C.t.t;:c;:__ON ...'2.6..F..£13...5. 2.
... VOLUME 8 B.R. (ETO)
WASHINGTON, D. C. ! I I
REGRADED....L1At:..ic/JSS.LEl.fa.D ......................, . .T\°'....CIGBY AUJHORlTY OF..... \/11 .... ............. . ....•
BY... R£.~_iNIJ.k. P....C, M.1 LLdi/).J( 0 ..•
R RADED Uw t: L As;, r:; ~D ................ino....
BY AUlHORITY DF it.'A (; ir ~~c;jfJ/jL_p c MtLLC.~ /' .. 'M I'/' r:- . . ~ f,--OL ,,,•.
Holdings and Opinions IJJ:j~l-···c;;:.._J( t=c;, .O ~ -~ [;;f:t=:B .S2 B 0 ARD 0 F REVIEW ..
Branch Office of The Judge Advocate General
EUROPEAN THEATER OF OPERATIONS
Volume 8 B.R. (ETC)
(1944)
Washington : 1946
REGRADED.._LJt.Jct--Lt. 6.Sl FI~D
B ll111Gn!H' GF ......Tt)f) 6 yR~Gt.NAt.,,D c lfJ/.L.t.£ ~ c..<f?C_.
J J ' ' ifK, c -d- .E.XE~- 0 ...~b FFfJ . 5 ~
CONTENTS OF VOLUME 8 B.R. (ETC)
ETC No. CM No.
2?66 270122 2767 27318.3 Z7?6 271871 zm 297459 Z179 275988
2780 2?3825 2?82 2?1870 2?88 293509 2806 Z70ll3 28Z7 Z70ll2 2828 2'70111 2829 Z71872 28.31 270110 2840 269371 2842 269348 2843 'Z77048 2866 297039 2867 301115 2875 'Z"/3177
2885 Z73830 2899 27186.3 2901 'Z"/1869 2904 2??30.3 2905 2?.3293 2908 Z73198 2911 . 2?1867 2921 2??352 2926 2'75728
2951 Z73182 2962 27.3180 2966 273200 2972 293587
Accused
Jared Riddick Kuest Woodson Ely, Harris, Sheldahl Woolsey Jones Coats, Garcia Torpey Schecter Kulaga Newton Kaplan Penson Flowers Pesavento Woodson Cowan Gray, Malveaux, Smith Nuttmann Reeves Childrey, Cuddy Smith Chapman Graham Arndt Span Norman, Greenawalt Pedigo McBee Fomby Collins
Date Page
l?·Jul 1944 l 20 Jul 1944 7 14 Jul 1944 11
2 Aug 1944 17 15 Jul 1944 25
3 Jul 1944 31 15 Jul 1944 35 19 Aug 1944 .39 29 Jun 1944 53 15 Jul 1944 57 20 Jul 1944 61 22 Jul 1944 6? 24 Jul 1944 73 1 Jul 1944 '71 1 Jul 1944 83
28 Jul 1944 87 2 Aug 1944 91
14 Jul 1944 9? 2 Aug 1944 105
15 Jul 1944 lll 19 Jul 1944 123 11 Aug 1944 131 21 Aug 1944 145 9 Aug 1944 155 8 Aug 1944 161
14 Jul 1944 165 6 Jul 1944 173
17 Aug 1944 179
8 Jul 1944 195 29 Jul 1944 201 16 Aug 1944 2C'f7 21 Jul 1944 219
ETO No. CM No.
3004 271811 3042 275319 3044 280154 3046 .. 295823 3056 271873 3062 299655 3Cfl6 299968 3Cfl8 273201
JOSO 303319 3081 282870 3091 278944
3093 283360 3118 277046 314l 29.3083 3147 276061
3153 273827
Nelson Gey llullaney Brown Walker Osther Patterson Bonds, Johnson, Green, Brasher, Thomas, Simpson, Smith, Sykes, Fisher, Williams, Walters Holliday Smith Murphy, Schimpf, Betters Romero Prophet Whitfield Gayles, James,
Page~
12 Aug 1944 2Z1 l4 Sep 1944 2JJ l4 Sep 1944 245 2 Sep 1944 259
16 Aug 1944 273 19 Aug 1944 283 22 Jul 1944 291 25 .lug 1944 2'T/
1 Aug 1944 303 12 Aug 1944 Jl? 18 Aug 1944 327
5 Aug 1944 3Yl 4 Aug 1944 345
27 Jul 1944 351 2 Sep 1944 363
Washington, Ballard, Davis, Feld.ere, Smith Van Breemen 23 Aug 1944 405
r
the order of nature 1tL Eric E. 13eck,
In that• • t l, Taunton, Sorr:erset, Ent).and,
Iove.nber 1943, cOIJJ0.1.i t loniously and·abai~st the
c r'lal connectiou with Eric E. Beck, y rectum.
IDEN IAL
(l) ice of The JUdge Advocate General
wt th the RrsR1 , ... , · European Theater of Operation• L 110£0 ~.vC.i..~f..£.1§:./(............__.
APO 871 BY AUZffORrTY OF. TJ It G
.. ············ 1't JUL 1944 BY ..RE.blNit.I.-. p C.JA1.iL-t:fil..,.(b /
Jlr_GC~t:"xl:~,,_JIH ~f~a s-L s ) SOUT.HERN BASE SF.CTIO.~, SERVICES
) OE' SUPPLY. now·desii!lated SOUTBERN ) BASE SECTION,. COMMO!UC.A.TIONS zcm:. ) EUROPEAN' THEATER OF OPERATIONS•
PHIL o. ) ) • Quarter- ) Trial by GCM. convened at TaUD.tOJI.,
erma ter ) Somerset, ~aild, 11•12 ~ril pot G-3J. ) 1944• Sentence: Dismissal, total
) forfeitures, and confinement at ) hard labor for one year. Eastern. ) Branch, United States Disciplinary ) Barracks, Greenhaven; New York.
OLDING by the BOARD OF REVl»Y • • CII'EN, HILL and SLEEPER, Judge ~vocates
r
in , to Off ~e of ':'he Jud
cord of trial in the case of the officer naJ:md above has J' t Boa.rC of Review and the Board submits this, i ta hold
be .Assistant :udge .M.vocate General in charge of the Branch e .Advocate General with the European Theater of Opera
r1ed upon the fol.owinG charges and specifications,
of the 93rd Article of War. Second Lieutenant Phil c. ;.;ection, General Depot
c~ Hotel, Salisbury. or about 29 November 1943, 1
by feloniously havin~ carnal
a 2766 - l
CONFIDENTIAL
(2)
Specification 3• In that • • • did at the Corner House Hotel, Taunton, Somerset, England, on or about 6 Deceni>er 1943, cOlllmit the crime of sodomy, by feloniously and'a~ainst the order ot nature hB.vi!l(; carnal connection with Eric E. Beckt a minor, by rectum.
Specification 4• In that • • • did at the County Hotel. Taunton, Somerset, En;;land, on or about 14 December 1943, cOIIl!lli t the crime of sodomy, by feloniously and against tha order' of nature havin& carnal connection with Eric E. Beck. a minor, by rectum.
CHARGE IIs Violation of the 95th .Article of War. Specification l. In that • • • did at the Mill Race
Hotel, Salisbury, Wilts, England on or about 29 November 1943• commit the crime of sodomy, by feloniously and B{;;ainst the order ot nature having carnal connection with Eric E. Beck, a minor, by rectum.
Specification 2. In that • • • did at the County Hotel, Tauntcn, Somerset, Ent;l.and, on or about JO November 1943, colllllli.t the crime ot sodomy. by feloniously and against the order of nature havin~ carnal connection with Eric E. Beck, a minor, by rect~
Specification 3• In that • • • did at the Corner House Hotel, Tai.m ton, Sonerset, England, on or about 6 December 1943, commit the crime of sodomy, by feloniously and a~ainst the order of nature having carnal connectio:a. with Eric Ee Beck, a minor, by rectum.
Specification 4• In that • • • did at the County Hotel, TaU!lton, Soimrset, Enii,;land, on or about 14 December 1943, commi. t the crime of sodomy. by feloniously end ae,ainst the order of nature havinf;; carnal connection with Eric E. Beck, a minor, by rectum•
.ADDITIO:-J.AL CHARGE I: Violation ot the 93rd .Article of War.
Specification, In that• • • did at Taunton, Somerset, Enii;land, between 8 December 1943 and 20 December 1943, feloniously embezzle.by fraudulently converting to his own use. British money in the amount of Forty-four Pounds, four shillint;s aM two pence half-penny (f544-4s-2fd) equivalent value in United States ooney of One Hundred Seventy Eie;ht dollars, thirty nine cents ($178.39), the property of the United States, entrusted to him in the performance of his duties as Officer in char~e of the Officers and Nurses Clothin" and .Accessories Sales Store, Taunton, Somerset, En~B.Dd • 2766
CONFllJElfH~L
of 'ilar. Specification. In that • • • did at Taunton,
So.iooraet, Ene;l.e..'1d, between 8 Deceuber 1943 and 20 December 1943, without proper leave, absent himself from his station at General Depot a-..50, Taunton, Sonerset, England, from about 1600 hours, 18 Deceillber 1943 to about 1300 hours, ~O December 1943•
He i:>le aded not a.'Uil ty to and was found ~uil ty of all cbari,;ea and specifi cations. No evidence of previous convictions was intrOa.uced. He was sentenced to be dismissed the service, to forfeit all pay and allowances due or to become due, and to be confi.rled at herd labor, at such place as the reviewin.;.: authority may direct, for one year. The reviewin" authority, the Commandinb General, Southern Base Section, Services of Supply, European Theater of Operations, approved the sentence and for warded the record of trial for action pursuant to Article of War 48. The co1lfirmin& authority, the Commandin~ General, European Theater of Opera tions, confirmed the sentence, desii,,nated the Easter::i Bra.'1ch, United States Disciplinary Barracks, Greenhaven, IIew York, as the place of con finement and withheld the order directing execution thereof pursua.'1t to the provisions of .Article of War ..Sot•
3. The evidence for the prosecution is swruna.rized as follows,
(a) Vfi th reference to Specifications 1, 2, 3, and 4, CbarGes I and II, the pathic, a 17-year old boy, testified to each act of perver sion charted {:R29-41,46); the accused's SiUJ.ed confessions of each offense, made after due war:iini:,, were introduced in evidence (R49 1 .52; Pros.~s.G arid H); and e:.ployees of hotels 11here ti1e offe:ises i:i g_ues tion were com:rdtted testified that accused a;.-id pathic occupied a sin{).e room jointly Oil the respective occasions (Rl.0-18).
(b) '.'Ii th reference to tbe specifications, A'.ldi tional Chart;es I and II, the eviJ.ence shows that accused was r:ia:n.at:;;er of the Officers' Sales .Store, General Depot a-..50, from its opeainb date 8 December until 21 Decem'oer 1943, durinL which period he was in char(;.e of all operations and was both accountable and respo:1Sible for the safekeepin~ of the stock and all cash receiveri, and for keepiae; accountinL records of the store (R62-64). Each sale was reg_uired to be reccrded on a sales slip a.:1d his cash receipts turned over to the Finance Officer at the close of each day's busi:iess, accused retainin~ not ~ore tha:l $200.00 over ni~ht (R69,103). Sales slips and cash were kept in the safe, to which accus ed bad the key until 13 or 14 Dece~ber when he delivered it to his senior non-commissioned officer, from whom he obtained it two days or three days later, at which time he took a few pound notes out of the safe, rernarkine; as he did so, •I know this_is not rijl.t"• Simultaneous ly, he borrowed a pencil and made a notation on a slip of paper {Rl04, 106-107, 112,116). On another occasion he transferred several pound notes from the safe to his pocket (Rl27-128) • r.Ioney \7as customarily
2766 - 3
CONFIDENTIAL
GONFIDENTJAL
taken from the safe to make chane,e and a notation of the arwunt taken put in its place, but once or twice accused took notes to the bank for chan~e (Rll7-118). The cashiers bad no previous experience with British 100ney, and the first daily check, a day or two after the store opened, revealed a cash shortabe of one or two pounds (Rll0,115)• There were no daily checks made of the sales slips 8';ainst the cash on balld for 15, 16 or 17 December 1943 (Rl05)• Accused was absent without leave from 4i00 p.m. 18 December to liOO P•m. 20 December 1943, which period he spent in London with his fellow pervert (1121,32.62-631 Pros.Exs• D and H). On 21 December 1943 the store was closed and an inventory and audit made. The sales slips covering the period. of accused's ma.nabement were checked agiinst accused's deposits with the Finance Officer and the money in the safe, revealing a shortage unaccounted for of receipts shown by the sales slips amountinis; to ~4-4--2t (R93-l00) •
4• The evidence for the defense shows that the officers 1 store was opened while construction was still in proil'ess and operated for well over a week with carpenters, painters and electricians still at work on the build in{;, causi~ inevitable con.t;estion and confusion (Rl38-139). On 8 January 1944, a sanity board examined accused and found him to be sane and responsible althoUf;h a sexual pervert or a true socio.mist, possessing an inherent constitutional defect, renderin~ him not susceptible to ordinary hu:nan motives actually influeucin~ the normal control of his actions (Rl40). The defense tendered and the court refused to admit as evidence War Depart:roont Circular 11b. 3, 3 January 1944, entitled •Homosexuals•; also a stipulatio:1, which prosecution acreed was true but contended.was irreleva:1t, that on 4 ~ril 1944, defense counsel, on be half of accused, tendered ~--4s-3d to the Finance Office, a-50, and that it was accepted (Rl4l-144)•
:5• .After accused's rights were duly explained to him, he elected to be sworn as a witness a."ld testified in substance as followsi
He did not have time to instruct his em,ployees in handling British IIPney and the shortages could have occUITed as a result of their inexperience in making change (Rl45)• On several occasions he personal ly supplied from his own pocket the difference between the am0unt shown by sales slips and cash on hand, as well as chane.,e necessary in makiD.i: cash sales. .!t times he also took notes from the cash drawer or safe to the bank to obtain necessary chall{.-e for use in the store. He used the expression 'This is not right• on many occasions with reference to various phases of the store's operation (Rl46). He undertook, unsuccessfully, to account ·for the source of his admitted disbursements during the period of his operation of the officers' store by showing that on 29 November 1943, he had $15.00 or $20.00 personal funds and received $110.00 and iJ.3 perscnal funds between that date and 20 December 1944• Out of this a~egate of $183.50 or i.45• 9s. he made, during the period. in question, the following disbursements,
2766 .. 4
1',52. 2.6
These were all unusual expenditures, incurred in counection with his af fair with Beck, and do not take into account his routine livin~ expenses durirl,6 the period (Rl49-168).
6. The uncontradicted evidence establishes commission by the accused of each of the scdomies per anurn described in the specifications. Char~es I and II, each offense L~ violation of Article of War 93 and Article of War 95, wilich latter •article includes acts ma.de punishable by any other .Article of War, provided such acts amount to conduct unbecoming an officer and a gentleman" (I1C:.1. 1928, par.151,p.186). His absence without leave, allebed in the Specification, .Additional Char€e II, is proved by clear and competent evidence and is admitted by accused. The circumstantial evidence of the embezzle:oont charged stronb].y supports the inference of built as allebed, unwee.kened by accused's unconvincin~ denial and the showin(:; of confusion inevitably attendant upon the 011eninG of the officers' store before the construction thereof was completed. .An officer in charse of trust funds who fails to account for them on proper del!Bnd cannot complain if the natural presu.:u~tion that he embezzled them outweichs any uncorroborated explanation he may make, especially if his expla-iation is inadequate and co:.:iflicting (CM 123492, Di&• Op. JltfJ, 1912 1940, sec.451 (17). p.317). On appellate review the court's findin~s will not be disturbed (ETO 1631, Pepper).
7• The char&e sheet shows that accused is 27 years of 8{.,;e. He was inducted 20 February 1941 and discharbed l hlay 1943 to accept commission. On 2 May 1943, he was temporarily appointed Second Lieutenant (AUS) and ordered to extended active duty for the duration of the war plus six months. The only prior service shown is one enlist..oont 9 February l9Jl, terminated by disch£.r~e 8 February 1934•
8. The court was let.ally constituted a'1d had jurisdiction of the person and offenses. Ho errors injuriously affectinL:; the substa'1 tial riL;hts of accused were collUJi tted duri:.:it., the trial. The Board of Revie\v is of the opinion that the record of trial is le~ally sufficient to support the findinLS of ~uilty and the sentence. Dismissal of an officer is mandatory upon conviction of a violation of Article of War 95 and is authorized upon conviction of a violation of Article of War 61 or 93.
9. The designation of the Eastern Branch, United States Discipli nary Barracks, Greenhaven, New York, as th0 place of confineioont, is authorized (.AH 42; Cir.210, \'ID, 14 Sep 1943• sec.VI, as amended).
Jud{;.'9 Aivocate
2766 Jude,e Advocate
1st Ind.
tO • .Bl·a.1ch Office TJAG, with ETOtsA. l 7 JUL 1944 T01 Cominanding Generel. I;"rOt"SA. JiPO 887, u.. s. A;rmy.
1. In the case of Second Lieutenant PHIL c. JARED {0-2041+475)1 Ruartermaster Corps, ~uartermaster Section, General Depot G-50, attention is invited to the fore~oing holdin~ by the Board of Review. that the record of trial is le~ally sufficient to support the findill£s of ~uilty and the sentence, which holdin~ is hereby approved. Under the provisions of Article of War _9)!-, you now have authority to order execution of the sentence.
2 • When copies of the published order are forwarded to this office they should be accompanied by the forec.;oin.; holdint;; and this indorsement. The file number of the record in this office is ETO 2766. For con venience of reference please place that nuI11ber in braclrets at the end of . t:ie order: {ETO 2766) •
/(/?!~· t' ~. c. J&;lllaI., ( .
Bri~adier General, United 3.t""'ates ~my, .Assistant Jud•e ,Advocate oeaeral.
U>cmtence ordered executed. GCMO 56, ETO, 22 Jul 1944)
CONFIDENTIAL
with the Europea1 Theater of Operations
APO 871
ZO JUL 1944ETO 2767
UNITED STATES ) B..liSZ .AIR DE?OT .AREA, .AIR SERVICE ) co:.i:.:Ai'.ID. UHTED S'r&rn:&S STRATEGIC
v. ) AIH FO:ctCES :EJ EUROPE. )
Private LL-;1/00D L. RJDDICK ) Trial by GCIJ, co:wened at Leicester, (31195784), 1962nd Ord~ance ) Leicestershire, En!.).a.i.d, 2 June Depot Com;ia;.iy (Aviatio:1), ) 1944• Se:itence: Disho!lorable dis Combat Support WbL; (Prov.). ) cbar.:.,e, total forfeitures, and con
) fi!le.;Jent at hard labor for five ) years. Federal ReforL'.lB.tory, ) Chillicothe, Ohio.
HOLDTIJG b~r the BOARD OF REVIER V&.J BE:JSCIIOTE::.r, HILL and SLEEl~, Jud.Le .Advocates
1. The record of trial in the case of the soldier named above bas been exan:i.ned by the Board of Review.
2. .Accused was tried upon the following cb.arGes and specificationsr
CaARGE: Violation of the 92nd .Article of 'ilar. (Finding of Hot Guilty)
Specificationt(Fi:n.diD{; of Not Guilty)
.ADDITim.AL CH.J.RGEz. CHARGE IIt ·violation of the 93rd Article of War. Specification: In that Private Linwood L. Riddick,
then Sergeant, 1962nd Ordnance Depot Co. (.A.vn.), Combat Support Will€ (Prov.), AM' 581, Jt:PO 635, did, at or near Syston, Leicester shire, Ene:;land, on or about 30 ~ril 1944, commit the crime of sodomy by feloniously S..i.d ao:iinst the order of nature havinb carnal con nection, per os, with Private Lily Jacques, ATS, British Army.
He pleaded not t;,-uil ty and vras found not auil ty of Chart;e I and its Speci fication, and guilty of .Additional Char&e II and its Specification. Ho evidence of previous convictions was introduced. He was sentenced t0 be dishoncrably di3char~ed the service, to forfeit all pay and allowances due or to become due and to be confined at hard labor, at such pJ,_aQe_as the reviewing authority may direct, for five years. The revi~~i~b ( ?6 7
authority a_p~.:roved the se:i. tence, tlesit;1ated the Federal Reformatory, Chillicothe, Ohio, as the place of confinei;1ent and :i:'or•rarded the record o.f trial for actio:: ~mrsuant to the provisions of Article of Viar 50!.
3• The uncontraclicted evidence, i:icl udini_. the testi.:aony of both accused an~ prosecutrix, establishes the com:ill.ssion by accused of the offense allee;ed i:l the Specificatio:i, .Addi tio:l.01 CharL-e II, i:1 violation of .Article of ./ar 93•
"Sodoray consists * * * i:i sexual connection, by rectwa £!: _£l ~· by a LlB.n with a human beint;." (l.r::M, 192C, sec.149,!s.. p.177, under scori:1i.... su:.;iplied). Sodo.-ay per ~ is ccndemed by Articlo of ~1ar 93 (Cl.I STO 24, !&lli; c;.r ETO 339, Ga;:.;e; c:.i ETO 612, Sucl(OW; c;.r ETO 174.3. Be~u.on; c;,! ETO 2695, i/hi te).
4. The chare_:e sheet shows that accused is 22 years two months of ac;e. He was i:1ducted at r::artford, Connecticut, 20 Octol)er 1942• ~
had no ~rior service.
5. The court was let,ally constituted a:.i.d had jurisdiction of the person end offenses. :Io errors i:.i.juriou::>ly affectint:. the subs tantial ri;_;ht3 of accused were…
.EUROPEAN THEATER OF OPERATIONS 1umm · VNcLAGs~ r-1~12. ................_
BY AUfHORiTY CF TJAG . . . . ..................... BY.. R.E.~t.Nl±~P..C/11, L~t:.~. :rCo.'=.~ ·· J/l.G._C7 ...C.t.t;:c;:__ON ...'2.6..F..£13...5. 2.
... VOLUME 8 B.R. (ETO)
WASHINGTON, D. C. ! I I
REGRADED....L1At:..ic/JSS.LEl.fa.D ......................, . .T\°'....CIGBY AUJHORlTY OF..... \/11 .... ............. . ....•
BY... R£.~_iNIJ.k. P....C, M.1 LLdi/).J( 0 ..•
R RADED Uw t: L As;, r:; ~D ................ino....
BY AUlHORITY DF it.'A (; ir ~~c;jfJ/jL_p c MtLLC.~ /' .. 'M I'/' r:- . . ~ f,--OL ,,,•.
Holdings and Opinions IJJ:j~l-···c;;:.._J( t=c;, .O ~ -~ [;;f:t=:B .S2 B 0 ARD 0 F REVIEW ..
Branch Office of The Judge Advocate General
EUROPEAN THEATER OF OPERATIONS
Volume 8 B.R. (ETC)
(1944)
Washington : 1946
REGRADED.._LJt.Jct--Lt. 6.Sl FI~D
B ll111Gn!H' GF ......Tt)f) 6 yR~Gt.NAt.,,D c lfJ/.L.t.£ ~ c..<f?C_.
J J ' ' ifK, c -d- .E.XE~- 0 ...~b FFfJ . 5 ~
CONTENTS OF VOLUME 8 B.R. (ETC)
ETC No. CM No.
2?66 270122 2767 27318.3 Z7?6 271871 zm 297459 Z179 275988
2780 2?3825 2?82 2?1870 2?88 293509 2806 Z70ll3 28Z7 Z70ll2 2828 2'70111 2829 Z71872 28.31 270110 2840 269371 2842 269348 2843 'Z77048 2866 297039 2867 301115 2875 'Z"/3177
2885 Z73830 2899 27186.3 2901 'Z"/1869 2904 2??30.3 2905 2?.3293 2908 Z73198 2911 . 2?1867 2921 2??352 2926 2'75728
2951 Z73182 2962 27.3180 2966 273200 2972 293587
Accused
Jared Riddick Kuest Woodson Ely, Harris, Sheldahl Woolsey Jones Coats, Garcia Torpey Schecter Kulaga Newton Kaplan Penson Flowers Pesavento Woodson Cowan Gray, Malveaux, Smith Nuttmann Reeves Childrey, Cuddy Smith Chapman Graham Arndt Span Norman, Greenawalt Pedigo McBee Fomby Collins
Date Page
l?·Jul 1944 l 20 Jul 1944 7 14 Jul 1944 11
2 Aug 1944 17 15 Jul 1944 25
3 Jul 1944 31 15 Jul 1944 35 19 Aug 1944 .39 29 Jun 1944 53 15 Jul 1944 57 20 Jul 1944 61 22 Jul 1944 6? 24 Jul 1944 73 1 Jul 1944 '71 1 Jul 1944 83
28 Jul 1944 87 2 Aug 1944 91
14 Jul 1944 9? 2 Aug 1944 105
15 Jul 1944 lll 19 Jul 1944 123 11 Aug 1944 131 21 Aug 1944 145 9 Aug 1944 155 8 Aug 1944 161
14 Jul 1944 165 6 Jul 1944 173
17 Aug 1944 179
8 Jul 1944 195 29 Jul 1944 201 16 Aug 1944 2C'f7 21 Jul 1944 219
ETO No. CM No.
3004 271811 3042 275319 3044 280154 3046 .. 295823 3056 271873 3062 299655 3Cfl6 299968 3Cfl8 273201
JOSO 303319 3081 282870 3091 278944
3093 283360 3118 277046 314l 29.3083 3147 276061
3153 273827
Nelson Gey llullaney Brown Walker Osther Patterson Bonds, Johnson, Green, Brasher, Thomas, Simpson, Smith, Sykes, Fisher, Williams, Walters Holliday Smith Murphy, Schimpf, Betters Romero Prophet Whitfield Gayles, James,
Page~
12 Aug 1944 2Z1 l4 Sep 1944 2JJ l4 Sep 1944 245 2 Sep 1944 259
16 Aug 1944 273 19 Aug 1944 283 22 Jul 1944 291 25 .lug 1944 2'T/
1 Aug 1944 303 12 Aug 1944 Jl? 18 Aug 1944 327
5 Aug 1944 3Yl 4 Aug 1944 345
27 Jul 1944 351 2 Sep 1944 363
Washington, Ballard, Davis, Feld.ere, Smith Van Breemen 23 Aug 1944 405
r
the order of nature 1tL Eric E. 13eck,
In that• • t l, Taunton, Sorr:erset, Ent).and,
Iove.nber 1943, cOIJJ0.1.i t loniously and·abai~st the
c r'lal connectiou with Eric E. Beck, y rectum.
IDEN IAL
(l) ice of The JUdge Advocate General
wt th the RrsR1 , ... , · European Theater of Operation• L 110£0 ~.vC.i..~f..£.1§:./(............__.
APO 871 BY AUZffORrTY OF. TJ It G
.. ············ 1't JUL 1944 BY ..RE.blNit.I.-. p C.JA1.iL-t:fil..,.(b /
Jlr_GC~t:"xl:~,,_JIH ~f~a s-L s ) SOUT.HERN BASE SF.CTIO.~, SERVICES
) OE' SUPPLY. now·desii!lated SOUTBERN ) BASE SECTION,. COMMO!UC.A.TIONS zcm:. ) EUROPEAN' THEATER OF OPERATIONS•
PHIL o. ) ) • Quarter- ) Trial by GCM. convened at TaUD.tOJI.,
erma ter ) Somerset, ~aild, 11•12 ~ril pot G-3J. ) 1944• Sentence: Dismissal, total
) forfeitures, and confinement at ) hard labor for one year. Eastern. ) Branch, United States Disciplinary ) Barracks, Greenhaven; New York.
OLDING by the BOARD OF REVl»Y • • CII'EN, HILL and SLEEPER, Judge ~vocates
r
in , to Off ~e of ':'he Jud
cord of trial in the case of the officer naJ:md above has J' t Boa.rC of Review and the Board submits this, i ta hold
be .Assistant :udge .M.vocate General in charge of the Branch e .Advocate General with the European Theater of Opera
r1ed upon the fol.owinG charges and specifications,
of the 93rd Article of War. Second Lieutenant Phil c. ;.;ection, General Depot
c~ Hotel, Salisbury. or about 29 November 1943, 1
by feloniously havin~ carnal
a 2766 - l
CONFIDENTIAL
(2)
Specification 3• In that • • • did at the Corner House Hotel, Taunton, Somerset, England, on or about 6 Deceni>er 1943, cOlllmit the crime of sodomy, by feloniously and'a~ainst the order ot nature hB.vi!l(; carnal connection with Eric E. Beckt a minor, by rectum.
Specification 4• In that • • • did at the County Hotel. Taunton, Somerset, En;;land, on or about 14 December 1943, cOIIl!lli t the crime of sodomy, by feloniously and against tha order' of nature havin& carnal connection with Eric E. Beck. a minor, by rectum.
CHARGE IIs Violation of the 95th .Article of War. Specification l. In that • • • did at the Mill Race
Hotel, Salisbury, Wilts, England on or about 29 November 1943• commit the crime of sodomy, by feloniously and B{;;ainst the order ot nature having carnal connection with Eric E. Beck, a minor, by rectum.
Specification 2. In that • • • did at the County Hotel, Tauntcn, Somerset, Ent;l.and, on or about JO November 1943, colllllli.t the crime ot sodomy. by feloniously and against the order of nature havin~ carnal connection with Eric E. Beck, a minor, by rect~
Specification 3• In that • • • did at the Corner House Hotel, Tai.m ton, Sonerset, England, on or about 6 December 1943, commit the crime of sodomy, by feloniously and a~ainst the order of nature having carnal connectio:a. with Eric Ee Beck, a minor, by rectum.
Specification 4• In that • • • did at the County Hotel, TaU!lton, Soimrset, Enii,;land, on or about 14 December 1943, commi. t the crime of sodomy. by feloniously end ae,ainst the order of nature havinf;; carnal connection with Eric E. Beck, a minor, by rectum•
.ADDITIO:-J.AL CHARGE I: Violation ot the 93rd .Article of War.
Specification, In that• • • did at Taunton, Somerset, Enii;land, between 8 December 1943 and 20 December 1943, feloniously embezzle.by fraudulently converting to his own use. British money in the amount of Forty-four Pounds, four shillint;s aM two pence half-penny (f544-4s-2fd) equivalent value in United States ooney of One Hundred Seventy Eie;ht dollars, thirty nine cents ($178.39), the property of the United States, entrusted to him in the performance of his duties as Officer in char~e of the Officers and Nurses Clothin" and .Accessories Sales Store, Taunton, Somerset, En~B.Dd • 2766
CONFllJElfH~L
of 'ilar. Specification. In that • • • did at Taunton,
So.iooraet, Ene;l.e..'1d, between 8 Deceuber 1943 and 20 December 1943, without proper leave, absent himself from his station at General Depot a-..50, Taunton, Sonerset, England, from about 1600 hours, 18 Deceillber 1943 to about 1300 hours, ~O December 1943•
He i:>le aded not a.'Uil ty to and was found ~uil ty of all cbari,;ea and specifi cations. No evidence of previous convictions was intrOa.uced. He was sentenced to be dismissed the service, to forfeit all pay and allowances due or to become due, and to be confi.rled at herd labor, at such place as the reviewin.;.: authority may direct, for one year. The reviewin" authority, the Commandinb General, Southern Base Section, Services of Supply, European Theater of Operations, approved the sentence and for warded the record of trial for action pursuant to Article of War 48. The co1lfirmin& authority, the Commandin~ General, European Theater of Opera tions, confirmed the sentence, desii,,nated the Easter::i Bra.'1ch, United States Disciplinary Barracks, Greenhaven, IIew York, as the place of con finement and withheld the order directing execution thereof pursua.'1t to the provisions of .Article of War ..Sot•
3. The evidence for the prosecution is swruna.rized as follows,
(a) Vfi th reference to Specifications 1, 2, 3, and 4, CbarGes I and II, the pathic, a 17-year old boy, testified to each act of perver sion charted {:R29-41,46); the accused's SiUJ.ed confessions of each offense, made after due war:iini:,, were introduced in evidence (R49 1 .52; Pros.~s.G arid H); and e:.ployees of hotels 11here ti1e offe:ises i:i g_ues tion were com:rdtted testified that accused a;.-id pathic occupied a sin{).e room jointly Oil the respective occasions (Rl.0-18).
(b) '.'Ii th reference to tbe specifications, A'.ldi tional Chart;es I and II, the eviJ.ence shows that accused was r:ia:n.at:;;er of the Officers' Sales .Store, General Depot a-..50, from its opeainb date 8 December until 21 Decem'oer 1943, durinL which period he was in char(;.e of all operations and was both accountable and respo:1Sible for the safekeepin~ of the stock and all cash receiveri, and for keepiae; accountinL records of the store (R62-64). Each sale was reg_uired to be reccrded on a sales slip a.:1d his cash receipts turned over to the Finance Officer at the close of each day's busi:iess, accused retainin~ not ~ore tha:l $200.00 over ni~ht (R69,103). Sales slips and cash were kept in the safe, to which accus ed bad the key until 13 or 14 Dece~ber when he delivered it to his senior non-commissioned officer, from whom he obtained it two days or three days later, at which time he took a few pound notes out of the safe, rernarkine; as he did so, •I know this_is not rijl.t"• Simultaneous ly, he borrowed a pencil and made a notation on a slip of paper {Rl04, 106-107, 112,116). On another occasion he transferred several pound notes from the safe to his pocket (Rl27-128) • r.Ioney \7as customarily
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GONFIDENTJAL
taken from the safe to make chane,e and a notation of the arwunt taken put in its place, but once or twice accused took notes to the bank for chan~e (Rll7-118). The cashiers bad no previous experience with British 100ney, and the first daily check, a day or two after the store opened, revealed a cash shortabe of one or two pounds (Rll0,115)• There were no daily checks made of the sales slips 8';ainst the cash on balld for 15, 16 or 17 December 1943 (Rl05)• Accused was absent without leave from 4i00 p.m. 18 December to liOO P•m. 20 December 1943, which period he spent in London with his fellow pervert (1121,32.62-631 Pros.Exs• D and H). On 21 December 1943 the store was closed and an inventory and audit made. The sales slips covering the period. of accused's ma.nabement were checked agiinst accused's deposits with the Finance Officer and the money in the safe, revealing a shortage unaccounted for of receipts shown by the sales slips amountinis; to ~4-4--2t (R93-l00) •
4• The evidence for the defense shows that the officers 1 store was opened while construction was still in proil'ess and operated for well over a week with carpenters, painters and electricians still at work on the build in{;, causi~ inevitable con.t;estion and confusion (Rl38-139). On 8 January 1944, a sanity board examined accused and found him to be sane and responsible althoUf;h a sexual pervert or a true socio.mist, possessing an inherent constitutional defect, renderin~ him not susceptible to ordinary hu:nan motives actually influeucin~ the normal control of his actions (Rl40). The defense tendered and the court refused to admit as evidence War Depart:roont Circular 11b. 3, 3 January 1944, entitled •Homosexuals•; also a stipulatio:1, which prosecution acreed was true but contended.was irreleva:1t, that on 4 ~ril 1944, defense counsel, on be half of accused, tendered ~--4s-3d to the Finance Office, a-50, and that it was accepted (Rl4l-144)•
:5• .After accused's rights were duly explained to him, he elected to be sworn as a witness a."ld testified in substance as followsi
He did not have time to instruct his em,ployees in handling British IIPney and the shortages could have occUITed as a result of their inexperience in making change (Rl45)• On several occasions he personal ly supplied from his own pocket the difference between the am0unt shown by sales slips and cash on hand, as well as chane.,e necessary in makiD.i: cash sales. .!t times he also took notes from the cash drawer or safe to the bank to obtain necessary chall{.-e for use in the store. He used the expression 'This is not right• on many occasions with reference to various phases of the store's operation (Rl46). He undertook, unsuccessfully, to account ·for the source of his admitted disbursements during the period of his operation of the officers' store by showing that on 29 November 1943, he had $15.00 or $20.00 personal funds and received $110.00 and iJ.3 perscnal funds between that date and 20 December 1944• Out of this a~egate of $183.50 or i.45• 9s. he made, during the period. in question, the following disbursements,
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1',52. 2.6
These were all unusual expenditures, incurred in counection with his af fair with Beck, and do not take into account his routine livin~ expenses durirl,6 the period (Rl49-168).
6. The uncontradicted evidence establishes commission by the accused of each of the scdomies per anurn described in the specifications. Char~es I and II, each offense L~ violation of Article of War 93 and Article of War 95, wilich latter •article includes acts ma.de punishable by any other .Article of War, provided such acts amount to conduct unbecoming an officer and a gentleman" (I1C:.1. 1928, par.151,p.186). His absence without leave, allebed in the Specification, .Additional Char€e II, is proved by clear and competent evidence and is admitted by accused. The circumstantial evidence of the embezzle:oont charged stronb].y supports the inference of built as allebed, unwee.kened by accused's unconvincin~ denial and the showin(:; of confusion inevitably attendant upon the 011eninG of the officers' store before the construction thereof was completed. .An officer in charse of trust funds who fails to account for them on proper del!Bnd cannot complain if the natural presu.:u~tion that he embezzled them outweichs any uncorroborated explanation he may make, especially if his expla-iation is inadequate and co:.:iflicting (CM 123492, Di&• Op. JltfJ, 1912 1940, sec.451 (17). p.317). On appellate review the court's findin~s will not be disturbed (ETO 1631, Pepper).
7• The char&e sheet shows that accused is 27 years of 8{.,;e. He was inducted 20 February 1941 and discharbed l hlay 1943 to accept commission. On 2 May 1943, he was temporarily appointed Second Lieutenant (AUS) and ordered to extended active duty for the duration of the war plus six months. The only prior service shown is one enlist..oont 9 February l9Jl, terminated by disch£.r~e 8 February 1934•
8. The court was let.ally constituted a'1d had jurisdiction of the person and offenses. Ho errors injuriously affectinL:; the substa'1 tial riL;hts of accused were collUJi tted duri:.:it., the trial. The Board of Revie\v is of the opinion that the record of trial is le~ally sufficient to support the findinLS of ~uilty and the sentence. Dismissal of an officer is mandatory upon conviction of a violation of Article of War 95 and is authorized upon conviction of a violation of Article of War 61 or 93.
9. The designation of the Eastern Branch, United States Discipli nary Barracks, Greenhaven, New York, as th0 place of confineioont, is authorized (.AH 42; Cir.210, \'ID, 14 Sep 1943• sec.VI, as amended).
Jud{;.'9 Aivocate
2766 Jude,e Advocate
1st Ind.
tO • .Bl·a.1ch Office TJAG, with ETOtsA. l 7 JUL 1944 T01 Cominanding Generel. I;"rOt"SA. JiPO 887, u.. s. A;rmy.
1. In the case of Second Lieutenant PHIL c. JARED {0-2041+475)1 Ruartermaster Corps, ~uartermaster Section, General Depot G-50, attention is invited to the fore~oing holdin~ by the Board of Review. that the record of trial is le~ally sufficient to support the findill£s of ~uilty and the sentence, which holdin~ is hereby approved. Under the provisions of Article of War _9)!-, you now have authority to order execution of the sentence.
2 • When copies of the published order are forwarded to this office they should be accompanied by the forec.;oin.; holdint;; and this indorsement. The file number of the record in this office is ETO 2766. For con venience of reference please place that nuI11ber in braclrets at the end of . t:ie order: {ETO 2766) •
/(/?!~· t' ~. c. J&;lllaI., ( .
Bri~adier General, United 3.t""'ates ~my, .Assistant Jud•e ,Advocate oeaeral.
U>cmtence ordered executed. GCMO 56, ETO, 22 Jul 1944)
CONFIDENTIAL
with the Europea1 Theater of Operations
APO 871
ZO JUL 1944ETO 2767
UNITED STATES ) B..liSZ .AIR DE?OT .AREA, .AIR SERVICE ) co:.i:.:Ai'.ID. UHTED S'r&rn:&S STRATEGIC
v. ) AIH FO:ctCES :EJ EUROPE. )
Private LL-;1/00D L. RJDDICK ) Trial by GCIJ, co:wened at Leicester, (31195784), 1962nd Ord~ance ) Leicestershire, En!.).a.i.d, 2 June Depot Com;ia;.iy (Aviatio:1), ) 1944• Se:itence: Disho!lorable dis Combat Support WbL; (Prov.). ) cbar.:.,e, total forfeitures, and con
) fi!le.;Jent at hard labor for five ) years. Federal ReforL'.lB.tory, ) Chillicothe, Ohio.
HOLDTIJG b~r the BOARD OF REVIER V&.J BE:JSCIIOTE::.r, HILL and SLEEl~, Jud.Le .Advocates
1. The record of trial in the case of the soldier named above bas been exan:i.ned by the Board of Review.
2. .Accused was tried upon the following cb.arGes and specificationsr
CaARGE: Violation of the 92nd .Article of 'ilar. (Finding of Hot Guilty)
Specificationt(Fi:n.diD{; of Not Guilty)
.ADDITim.AL CH.J.RGEz. CHARGE IIt ·violation of the 93rd Article of War. Specification: In that Private Linwood L. Riddick,
then Sergeant, 1962nd Ordnance Depot Co. (.A.vn.), Combat Support Will€ (Prov.), AM' 581, Jt:PO 635, did, at or near Syston, Leicester shire, Ene:;land, on or about 30 ~ril 1944, commit the crime of sodomy by feloniously S..i.d ao:iinst the order of nature havinb carnal con nection, per os, with Private Lily Jacques, ATS, British Army.
He pleaded not t;,-uil ty and vras found not auil ty of Chart;e I and its Speci fication, and guilty of .Additional Char&e II and its Specification. Ho evidence of previous convictions was introduced. He was sentenced t0 be dishoncrably di3char~ed the service, to forfeit all pay and allowances due or to become due and to be confined at hard labor, at such pJ,_aQe_as the reviewing authority may direct, for five years. The revi~~i~b ( ?6 7
authority a_p~.:roved the se:i. tence, tlesit;1ated the Federal Reformatory, Chillicothe, Ohio, as the place of confinei;1ent and :i:'or•rarded the record o.f trial for actio:: ~mrsuant to the provisions of Article of Viar 50!.
3• The uncontraclicted evidence, i:icl udini_. the testi.:aony of both accused an~ prosecutrix, establishes the com:ill.ssion by accused of the offense allee;ed i:l the Specificatio:i, .Addi tio:l.01 CharL-e II, i:1 violation of .Article of ./ar 93•
"Sodoray consists * * * i:i sexual connection, by rectwa £!: _£l ~· by a LlB.n with a human beint;." (l.r::M, 192C, sec.149,!s.. p.177, under scori:1i.... su:.;iplied). Sodo.-ay per ~ is ccndemed by Articlo of ~1ar 93 (Cl.I STO 24, !&lli; c;.r ETO 339, Ga;:.;e; c:.i ETO 612, Sucl(OW; c;.r ETO 174.3. Be~u.on; c;,! ETO 2695, i/hi te).
4. The chare_:e sheet shows that accused is 22 years two months of ac;e. He was i:1ducted at r::artford, Connecticut, 20 Octol)er 1942• ~
had no ~rior service.
5. The court was let,ally constituted a:.i.d had jurisdiction of the person end offenses. :Io errors i:.i.juriou::>ly affectint:. the subs tantial ri;_;ht3 of accused were…