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MARK! WITH DESERTION.Defendant Claims Court-Martial Has No Jurisdiction.H«« Ntvtr Rtgititrtd, and Ctntand* That H« it Not a Mambtr of tht Army.What will probably aet a precedent for cases of a similar nature is* that lit present he!ne tried tn a court-martial at Fort Adams. In which)desert3on from the draft army Is being considered by a special court of army ottkirs. The ease. the first of three such. Is thatof Private Theodore Hiller of Pawtucket, who in technically charged withinsertion under the conscription act.' Attorney Thomas Curran of Providence, appearing for Hiller, claimed; that the court-martial had no Juriadie- j tion over the case, saying that the defendant is not «i member of the United States army. The fact# are that HUior ha» never registered, that ho. has bee a arrested for non-registration und indicted by the grand jury in tHo Unhed Slates district court :n Providence, t'hat he iK out on bail on this charge, and that, according to the draft law. lie could not be taken into the army. The draft law states that, in eatse »f nonregistration, an offender will be jmi in .Jail for one year, at the expiration of which time he will be forcibly registered and sent into tbe artny. XJr. Cur-run said Hiller must serve his term of imprison merit before coming under the jurisdiction of the court-martial.Major Franklin E. Kdgec.im y os judge advocate argued against Mr. Curran’s plea, contending that the court had jurisdiction over Hiller. The draft act gave the power to the President, who, in turn, passed it over to-the governors, who delegated it tv. ihe adjutants general.The point wan argued for some lime, mi! finally all three cases were rnu-i innod until Friday, to allow Ur. Curran to secure a certified copy of the civil IndLotmont against his client.
Newspaper Details
Newport Journal and Weekly News
Newport, Rhode Island, US
Fri, Nov 09, 1917
Page 7
Full Page
Clipped by
Anonymous
USA 28 Jan 2023
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