Bolsheviks, Polar Bears, and Military Law: The Experiences of Army Lawyers in North Russia and Siberia in World War I

12 Pages·1998·3.1 MB·English

by  Fred L. Borch III

Bolsheviks, Polar Bears, and Military l aw

The Experiences of Army Lawyers in

North Russia and Siberia in World War I

By Fred L. Barch III
a
November 11, 1918, the "War to End All Wars" ended for some two
million American soldiers and marines in Gen. John J Pershing's American
Expeditionary Force (AEF). But, while the fighting in France was over and
Americans and Europeans alike rejoiced, the war continued thousands of
miles away in North Russia and Siberia. In the area around Murmansk and
Archangel, some 5,500 American soldiers in the American North
Russian Expeditionary Force faced hostile Bolsheviks. Far
away, in Vladivostok, some 10,000 U.S. troops in the AEF
Siberia also confronted Russian revolutionaries. But the
fighting against Bolshevik forces was only part of cam­
paigning; there were polar bears and frigid tempera­
ture of fifty degrees below zero to worry about, too.
In any event, from 1918 to 1920, while most
American fighting men went home to take up
civilian life again, or else stayed as part of the
16,000-man occupation force in Germany,
roughly 15,500 American troops continued the
war in Russia. With these soldiers were three
army lawyers, all members of the Judge Advocate
General's Department.Lt. CoL Edward S.Thurston
was the lone army judge advocate at the American
headquarters in Murmansk. In Siberia, Maj.Albert J
Galen, and later his replacement, Maj. George R.
McLean, were the only army lawyers at theAmerican
headquarters in Vladivostok. This is their story, and as
OPPOSITE: Wbile a judge army-maintained records on these men no longer exist,
advocate in Vladivostok,
it is a story that would be lost were it not for records safe­
Ma). Albert J Galen dealt
witb complex disciplinary guarded at the National Archives of the United States.'
matters, issues of interna­
tional law, and served CiS
lai erde pCreosmenmtaistisvieo no no tfb eP r'i~s l­­ The Role oj Lawyers in the Army
oners ofWar."
RIGHT: Three soldiers of tbe In 1775, only a few days after assuming duties as commander-in-chief of the
Tbird Battalion, 339tb In­ new army, Gen. George Washington insisted that the Continental Congress
fantry, wea'r wbite capes
during a patrol in deep appoint a lawyer to help with the many courts-martial being conducted. Con­
snow along tbe VOlogda gress acceded, and a "judge advocate" joined General Washington's staff. By
Railway front in North
Russia. 1776, this army lawyer, known as the "Judge Advocate General," was person­
lSI
Prologue
ally conducting trials before courts-martial could not sentence a soldier to more than a general court-martial could impose the
and other military tribtmals. He acted not six months in jail, the five officers appointed death penalty.
only as prosecutor but also as legal adviser to serve as jurors or "panel members" in Once the level of court was decided
to the court and as "friend" of the accused. upon, the judge advocate might assist the
By the beginning of World War I, the adjutant or field clerk with drafting the
Judge Advocate General had a "Depart­ charge sheet. With the 1917 edition of
ment" of seventeen military lawyers. the Manualfor Courts-Martial as
By December 1918, however, his his primary reference, the
department had expanded­ judge advocate also advised
along with the rest of the the nonlawyer serving as
American army-to 426 prosecutor or defense
judge advocates. Many of counsel on his duties
these men were promi­ to call witnesses and
nent civilian attorneys present evidence at
who had joined the Offi­ trial. Usually, this non­
cers' Reserve Corps dur­ lawyer was a young
ing the war and thus were infantry lieutenant or
"citizen-soldiers" rather than other junior lirte officer.
career"Regular Army" officers. As there was no military
Regardless of their regular or judge at a court-martial dur­
reserve status, however, the busi­ ing tills era, the judge advocate
ness of these judge advocates was the also advised the senior officer- who
same. Crinlinal law took up most of their acted as the court president-and the
energies. While army lawyers did some­ other officers serving with him as members
Americans adopted tradition.!l Russian trans­
times serve as prosecutors and defense of the court panel. Again, depending on the
portation metbods fOI- tbeir convoys tbrough
counsel in courts-martial, ordinarily they the rolling and twisting roads ofnorthern Rus­ court's experience, the army lawyer would
sian forests.
did not; nonlawyers prosecuted and explain the procedures to follow in con-
defended most soldiers accused of criminal
conduct. In the army of the era, the role of
the judge advocate was more one of an
administrator of the military justice system.
After a report of a soldier's misconduct
came to his commander's attention, the
judge advocate advised this commander on
the propriety of trying a soldier at a court­
martial. If the offense was fairly minor in
nature, the lawyer might advise trial by a
summary or special court, both of which
were limited in the maximum sentence
that could be imposed.Thus, a soldier who
got in a fistfight with a fellow soldier might
be prosecuted at a summary court-martial
and be punished with seven days in the reg­
imental stockade, while a soldier found
"drunk on duty" might be tried at a special
court-martial and sentenced to a month's
confinement.
On the other hand, a serious offense­
like murder, rape, robbery, desertion, or
mutiny- would be tried at a general court­
martial. This court, which could be con­
vened only by a general officer in command,
could impose any lawful sentence. While
Some ofthefifty tbousand soldiers ofthe "Czech Legion" l'ide in sand-bagged railroad cars that they
the "inferior" sU111ffiary or special court captured in their bitter struggle with Bolshevik forces.
182 Fall 1998
Prologue
Soldiers were tried by courts-martial for
violations of the Articles of War. Believing
that the defense of the nation required an
army of virtuous men who obeyed orders
without question, Congress enacted articles
giving commanders broad legal authority to
maintain discipline in the army. The wide­
range ofmisconduct subject to trial by courts­
martial included "civilian" offenses like
murder, rape, robbery, assault, and larceny
and military offenses like mutiny,desertion,
disobedience of orders, disrespect, and
absence without leave. One article, applica­
ble only to officers, made criminal any
"conduct unbecoming an officer and gen­
tleman." Finally, to ensure that nothing was
left to chance, a catch-all article, applicable
to all soldiers, made criminal any act "preju­
Vladivostok's extensive portfacilities and Trans-Siberian Railroad terminus served as the base fat·
dicial to good order and discipline," Such
Alliedforces in Siberia, including the ten thousand American troops that served there until 1920,

offenses included "abusing a public ani­
ducting the trial, the proof necessary to a finding of gUilty might be disapproved on mal"; wearing unauthorized insignia, medals,
convict a soldier of an offense, and the the basis of legal error and a sentence or decorations; "disloyal statements"; and
legality of considering certain testimony or reduced for reasons of clemency. Interest­ drinking liquor with a prisoner"
evidence. ingly, the commander's authority to take While a judge advocate spent the vast
if a soldier were convicted at a court­ such action basically was unlimited­ majority of his time administering the
martial, a judge advocate reviewed the pro­ except that he could not take any action army's criminal legal system, his duties also
ceedings to ensure that the rights of the increasing the punishment. required him to provide personal legal
Ma). Gen, William S. Graves commanded theAmer­

ican ExpeditionatJI Forces in Siberiafrom 1918

through 1920,

accused soldier had not been violated. He
recommended corrective action, if neces­
sary, As no court-martial had legal effect
until its judgment was approved by the
commander who had convened the court,
a judge advocate might suggest to this com­
mander that part or all of the fmdings of
gUilty be disapproved, or that the sentence
Tomsk Bolshevik offiCials, after capture by the Czechs at Ekaterinburg, included (from left) the
be modified in some manner. Consequently, town secretary, chiefjttstice, town commissaire, and stenographer. They were soon executed.
Army Lawyers in Russia 183
Prologue
assistance to soldiers. An army lawyer pre­ advised that if more troops were sent to and fight for the liberation of their home­
pared powers of attorney or wills for those Murmansk,and if one of the counterrevolu­ land, the Czechs learned that Leon Trotsky
needing them. He administered oaths or tionary movements were to overthrow the had declared that they would be disarmed
acted as a notary. Where the government Bolsheviks, a new government might be per­ and absorbed into the new Soviet Red Army.
was at fault, a judge advocate might also suaded by the presence ofAllied soldiers to The Czechs rebelled, overpowered their
assist a soldier in filing a claim that would renew the war against the Germans. Red Guard escorts, seized their weapons,
compensate hin1 for damages to or loss of In any event, more British and some and took control of the Trans-Siberian Rail­
his property. French units were sent to Murmansk in the road. Realizing that the Czechs were a force
summer of 1918. In August they occupied around which non-Communist, or "White,"
Archangel, joined by the first of 5,500 Russian political and military organizations
Reasons for the Allied Intervention
American troops of the American North might coalesce, the British, French, and Jap­
Just as the experiences of judge advo­ Russian Expeditionary Force. By mid-Sep­ anese decided to encourage such a devel­
cates in Russia are better appreciated if one tember,these U.S. soldiers had been rushed opment in the hope that proViding support
understands the role of the judge advocate to the front as the spearhead of an anti­ to the non-Communists would sweep the
in the army of that day, the experiences of Bolshevik offensive launched by British Bolsheviks from power and perhaps open a
Colonel Thurston and Majors Galen and Maj. Gen. Frederick C. Poole, the senior Al­ new eastern front.
McLean must also be seen in the context of lied commander in North Russia. Although While at first resisting Allied entreaties to
the reasons for Allied- and thus An1eri­ the operation was poorly conceived and send American soldiers to Siberia, President
can- intervention in Russia at the end of badly supplied, Poole did advance about Woodrow Wilson relented in July 1918. Sol­
the First World War. four hW1dred miles on a front about one diers of the Twenty-seventh and Thirty-first
m September 1918 U.S. troops of the hundred miles wide before being stopped Infantry Regiments arrived in Vladivostok
An1erican North Russian Expeditionary Force by the new Soviet Army, led by Leon Trot­ the next month, having sailed to Siberia
arrived in Archangel. That same month, sol­ sky, and the approaching winter. directly from their home posts in the Philip­
diers of the Twenty-seventh and Thirty-first By the end of the winter of 1918-1919­ pine Islands.These three tl10usand infantry­
Infantry Regiments came ashore in Vladi­ and months of bitter cold, ice, and snow­ men, joined by another seven thousand
vostok in Siberia. While both groups were the anti-Bolshevik position had weakened soldiers from California, were tl1e American
joining Allied troops originally sent to pro­ in Russia, and the revolutionaries were gain­ Expeditionary Force, Siberia. Under the com­
tect equipment and supplies, the soldiers ing firm control. Realizing that tlns meant mand of Maj. Gen. William S. Graves, the ten
eventually found themselves fighting the that opening a new front was impossible, thousand Americans were charged, along
Bolshevik forces. the Allies decided to withdraw. The An1eri­ witl1 the Japanese, British, and French con­
The material in Archangel and Murmansk cans left Murmansk in June 1919; the Brit­ tingents, with guarding the Trans-Siberian
had been shipped by the British to its Impe­ ish in October.' Railroad; they also were to assist the Czechs
rial Russian ally earlier in the war.Once the Meanwhile, some five thousand miles to reach Vladivostok.
new revolutionary government started ne­ away in Siberia, some ten thousand An1eri­ Although a cOlU1terrevolutionary group
gotiating for peace with Germany, however, can troops had joined the small British and in central Siberia headed by Adm. Alexan­
the Western Allies, worried about German Japanese forces who had landed at Vladi­ der Kolchak tried to get An1erican support,
soldiers being shifted from the eastern vostok in April 1918, ostenSibly to take General Graves avoided giving it as he fol­
front to the western front, secured permis­ charge of military supplies there. What lowed President Wilson's directive to stay
sion from Lenin to send troops to the Mur­ brought the An1ericans to Siberia, however, neutral in the Russian civil war. American
mansk-Archangel area. These troops would was a crisis caused by the revolt of approx­ troops firmly demonstrated their neutrality
protect the supplies from German or dissi­ imately fifty thousand Czech soldiers by fighting off a number of random attacks
dent Russian elements. The Allies also known as the "Czech Legion." These former byWlnte Russians as well as Bolshevik troops.
hoped that the soldiers' presence would soldiers of the Austro-HlU1garian army had In the end, however, the Allied deployment
stiffen Russian determination to continue been captured or had deserted to the Rus­ ofsome 160,000 troops to Siberia could not
fighting, or at least prevent the Germans from sians earlier in the war and, after being prevent the Red Army from crushing the
using the ice-free ports as U-boat bases. formed into the legion, then fought for the cOlU1terrevolutionaries. By February 1920
In March 1918 some British naval detach­ Russians. After the Bolshevik takeover,how­ the Communists had a secure hold on the
ments landed at Murmansk. No one was en­ ever, the Czech Legion found itself at odds Russian government and most of Siberia.
tirely sure what was happening in Russia, with the new Communist, or "Red," govern­ That same month, by agreement with the
but as Germany and Russia had already ment. As a result, the legion immediately Soviets, most of the Czechs had been evac­
signed a peace treaty, the most in1illediate proclaimed its allegiance to the Allied pow­ uated from Vladivostok and transported
problem was that fighting had stopped on ers.Then,while traveling on Bolshevik-con­ back to their own newly independent
the eastern front. Some believed that noth­ trolled trains to Vladivostok to be shipped country. An1erican troops left Siberia in
ing could be done about this, but others out and join the Allies on the western front June 1920'"
184 Pall 1998
- --~------------------- ~ - -- - ---- -
•
----------
~ - - -
Prologue
Co lonel Thurston in North Russia
Arriving by ship in Archangel on Jan­
uary 13, 1919, Lt. Col. Edward S. Thurston
reported immediately for duty as "Judge
Advocate of the American Troops in North­
ern Russia."A 1901 graduate of Harvard law
school, and an experienced lawyer who
had been a professor of law at Indiana Uni­
versity, George Washington University, and
the Universities of Illinois and Minnesota,
Thurston had spent some time as an
infantry captain at the beginning of hostili­
ties in 1917. Given his legal background,
however, he requested a transfer to the
Judge Advocate General's Department.This
was approved, and Thurston was commis­
sioned a major in November 1917.
Perhaps he hoped to serve in France, but
this was not to be; Edward Thurston spent
the war in Washington, D.C. Now, however,
he found himself as the only army lawyer in
theAEF-North Russia or, as it was also known,
the "Expedition to the Murman Coast.'" Lt. Col. Edward S. Thurston served as armyjudge advocate in Murmansk.He reviewed mOt'e than
250 cases between August 1918 andApril 1919.
Thurston brought with him "from Wash­
ington a library of about 100 volumes and a dark blue shoulder patch picturing a the enemy." Apparently, self-inflicted gwl­
from London typewriters and other office polar bear on an iceberg. shot wOlmds were not the only method
equipment." He also brought three legal But if winter was harsh,there was plenty used to avoid combat: Pvt. Charles F. Kingan
clerks: Sgt. Major Harry H. Weigandt, Sgt. to be done in the way of legal work. was convicted of contracting "a venereal
Emmett T. Corrigan, and Cpl. Charles E. Colonel Thurston and his staff had their disease through neglect thereby unfitting
Riordan. Colonel Thurston reported on hands full, with courts-martial taking prior­ himself for active military duty against the
April 9, 1919, " [t]hese men have proved to ity. The most serious case was that of Pvt. enemy." Some seventy men were convicted
be competent and are performing their sev­ Henry P. Jones, a soldier in the 339th In­ of this last offense; almost all received three
eral duties faithfully and welI:'6 fantry Regiment. On October 21, 1918, Jones months conFInement at hard labor to dis­
After arriving by ship from London, shot a fellow soldier, Corporal Campbell, in courage such behavior in the future.
Thurston and his staff set up their living the back and killed hinl.Jones claimed that Of the more than 250 cases prosecuted
and working arrangements in Archangel. he was trying to shoot himself, but that his under Colonel Thurston's supervision be­
Normally a city of some 40,000, the influx suicide attempt had gone awry. The mem­ tween August 1918 and April 1919, the
of American and Allied troops and White bers of the court-martial looked to Colonel more typical court-martial involved ab­
Russian refugees had increased its popula­ Thurston for guidance. He advised them sence without leave (35 cases) and drunk­
tion to some 100,000 inhabitants. The win­ that Jones had no excuse or justification, enness (23 cases). Criminal behavior,
ter weather was horrendous: below zero since " [t]he killing of another person result­ however, was not confmed to enlisted men.
temperatures and much ice and snow. ing directly from an attempt to commit sui­ Capt. Kenneth]. Boyd, an engineer officer,
Additionally, as the sun is rarely seen from cide is murder." Jones was found guilty and was court-martialed for being dnmk in wli­
December through February, most soldiers sentenced to "hard labor for life."7 form. He was found not guilty. But Capt.
already were referring to North Russia as a While this prosecution for murder was Louis C. Coleman, an infantry officer, was
"frozen hell." But the American soldiers also atypical, Colonel Thurston handled other found gUilty of misappropriating and then
saw magnificent white bears and, impressed courts-martials that were not routine. For selling six sacks of flour- 840 pounds­
with these creatures, began calling their example, tlle constant danger of attack and of"having a Russian woman occupying
mission the "Polar Bear Expedition" and from Bolshevik forces caused a number of the same room with him for several days, to
referring to themselves as the "Polar Bears." soldiers to intentionally wound themselves the scandal and disgrace of the military ser­
Additionally, many U.S. troops, particularly for the purpose of evading service at the vice." Coleman was sentenced "to be dis­
in the 339th Infantry, the regiment to front; these men were court-martialed, as missed from the service." Colonel Thurston
which most men belonged, started wearing was a soldier guilty of "misconduct before reviewed Coleman'S case in February 1919
Army Lawyers in Russia 185
American officers of Co. Ii 339th Infantry, visited the marketplace at Emetskoe, outside Archangel. The villagers offered clothing as well as food that
included horsemeat (on wooden scale), carrots, and potatoes.
and advised that the fmdings and sentence killed. The death sentence- execution by
contained no "prejudicial errors."Thurston tiring squad- was never carried out. As the
recommended that the findings and sen­ convicted man was being marched down a
tence be approved as adjudged. But because road to the place where he would be exe­
only General Pershing, the commander in cuted, a passing American soldier raised his
chief of the AEF, had the authority "to con­ rifle and shot the man dead.The records of
firm" Captain Coleman's plmitive discharge, the Judge Advocate General do not reflect
Colonel Thurston further advised that the why this soldier shot the condemned man­
entire record of trial be forwarded to him in although vengeance seems a likely motive­
France.8 nor what happened to the American.
Americans were not the only ones court­ In addition to his work with military
martialed; there was at least one prosecu­ criminal law, Colonel Thurston also gave
tion of a captured Bolshevik. In the heat of legal opinions and advice on a variety of
battle, a number of atrocities were commit­ personal matters, including real estate,
ted- by both "Bolos" and the White Rus­ insurance and allotments, and domestic
sians. Both sides would sometimes force relations. He also prepared wills and pow­
captured prisoners to dig their own graves, ers of attorney for those AEF personnel
then force them to sit in them while they who wanted them.
shot them. Colonel Thurston reviewed the
court-martial record of a captured "Bolo"
Majors Galen and McLean in Siberia
who had been tried and sentenced to death Soldiers of the Thirtyjirst Infantry Regiment
for forcing a u.s. soldier to dig his own adopted a shoulder patch featuring a black In Vladivostok, some five thousand miles
bear with an "5" (for Siberia), to distinguish
grave, although the American had not been themselves from AEF units in North Russia. distant from Colonel Thurston, Maj. Albert].
186 FaU 1998
_.P _ ____- _ __
"T"""- -
-
Prologue
Galen had set up the "Office of the Judge of the headquarters staff at No. 38, Svet­ Galen also had some intriguing cases. On
Advocate" for the Headquarters, AEF, Si­ lanskaya Street, Vladivostok, reviewed the September 14, 1918,Pvt.Edward H. Grubbs,
beria. Born and raised in Montana, Galen records of trial in every general and special a soldier in the Twenty-seventh Infantry,
was no stranger to cold weather but, while courts-martial. It was a considerable task. In was tried for defrauding a man of seventy­
no doubt accustomed to ice and snow, the four·month period from September five dollars. The accused had "unlawfully
Albert Galen could not have seen many until December 1918, for example, more pretended to Luka Koun, a Russian Citizen,
polar bears. He was, however, ideally suited than 750 soldiers were prosecuted, includ­ that a certain paper issued by the Confed­
for duty as the lone judge advocate for a ing 207 for being absent without leave and erate States of America was legal currency
force of ten thousand soldiers. Major Galen
was exceptionally well educated, having
law degrees from both the University of
Notre Dame and the University of Michi­
gan, and had considerable experience,
having served as the Attorney General of
Montana from 1905 to 1913. After accept­
ing a commission as a major in the Judge
Advocate General's Reserve Corps in 1918,
Galen served for a few months as the judge
advocate for the Eighth Division at Camp
Fremont, California. When General Graves,
then commanding the Eighth Division, was
selected to command the new AEF, Siberia,
it was only nanlral for Major Galen also to
be chosen to serve as the expedition judge
advocate.
Consequently, on August 13, 1918, Major
Galen was relieved from his duties at the
division and "directed to proceed on first
available transportation to Vladivostok,
Tbe Allied forces in Siberia were composed Of Britisb, Frencb, American, Japanese, and Czecb
Siberia." Galen sailed from San Francisco troops. Many of tbem boped for a non-Communist victory in Russia.
aboard the U.S. ArmyTransport Thomas on
August 14, 1918, and after arriving in Vladi­ 248 for disobedience of orders. And, as in of the United States of America." Although
vostok, assumed duties as "Expeditionary North Russia, officers also were in trouble, knowing that this Confederate currency
Judge Advocate" on September 3, 1918.9 with two being court-martialed for dnmk­ had no value, Grubbs had "fraudulently ob·
For the next nine months, until he left enness ''lmder such circumstances as to tained the sum of five hundred roubles" ­
Vladivostok in May 1919, Galen and Regi­ bring discredit upon the service."lo about seventy-five dollars. Private Grubbs
mental Sgt. Maj. Edmond G.Toomey, a legal Like Thurston in North Russia, Galen ad­ was convicted and sentenced to hard labor
clerk who had sailed with Galen on the vised on a number of very serious cases. In for one year, with the sentence to be served
Thomas, handled all legal matters for the December 1918, for example, he advised at the military disciplinary barracks onAlca­
American forces. Like Colonel Thurston in General Graves in the court-martial case of traz Island, California. One has to wonder
North Russia, they also experienced a harsh Pvts. Karl A. Stromborn and Frank P. Alves, how worthless paper money from the Civil
winter, with howling wind, bitter cold, and both soldiers in the Thirty-first Infantry. On War came into Grubbs's possession- and
long winter nights. December 7, 1918, these men were prose­ how it got to Siberia.
12
Like the soldiers stationed in the Mur­ cuted for breaking into a Russian woman's Courts-martial for rape or for fraud using
mansk-Archangel area, the men of the home in Vladivostok and then "forcibly and Confederate currency, however, were un­
Thirty-first Infantry Regiment also were feloniously" having carnal knowledge with usual. Most courts-martial were fairly rou­
enamored with polar bears and began call­ her. The soldiers also were charged with tine, involving drunkenness, disrespect,
ing themselves the "Polar Bears" and wore a stealing eighteen hundred roubles (about disobedience, and assaults. In August 1918,
shoulder patch with the bear's image. This $225) from the woman. Stromborn and for example, Cpl. Samuel]. Hazell was con­
bear, however, had an "S" (for "Siberia") em· Alves were acqUitted of all charges, and victed of being "drunk and disorderly in
blazoned on it- no doubt to distinguish it although General Graves probably was not Camp" and a number of offenses arising out
from the polar bear worn by troops in too pleased with this result, Major Galen of this intoxication. He had behaved in an
North Russia. advised him to approve the "not gUilty" ver­ "insubordinate, insulting, and disrespectful
Major Galen, working alongside the rest dicts." manner" toward a lieutenant by saying to
Army Lawyers in Russia 187
Prologue
him, "I refuse to soldier, I wish there was a
Commanding Officer here who would run
this outfit. I don't give a danm for rank."
Hazell disobeyed this officer's orders to
QUESTIONNAIRE FOR THE JU]X;E ADVOCATES RECORD OF THE liAB.
stay out of a railroad station and, while
drunk, had encouraged junior soldiers to
visit a nearby town, even though he knew 1. Rank. name, post office address,. ~
.ll2~~ ~~~ R~~Je....... / W~- /c14/VU./ ~~

such visits were prohibited by written
orders. Corporal Hazell was convicted and 2. Place and date of birtht J(
sentenced "to be reduced to the ranks, to tU~-IrJcVV2.c./~~,,/ -f~ :2.1/"/ /6'73 .
be confmed at hard labor for six months,
General eduoation:
and to forfeit two-thirds of his pay for six
months."As he was an eighteen-year veteran (a) \,llen and where obtained, -C' JC) d.........:.

1871-/3yo; L'o..J.<>-rc:f(A; CY~~ (.~ /~ ~

with a good record, General Graves decided (b) "ention any College degroes reooived, giVing name of institution,
that leniency was warranted. Consequently, daa.t e/s3,. , e.tto'.a f7 c:az ca~r", /J'"9lf.
Hazell's sentence was reduced to three
months in jail and three months of forfei­
4. Pro£aBBiOnh~ educntion and preparnt10n:
tures. But Graves also wrote that
(a) \,hen and where obtalned: . 'ff/~ T,~" .I-,..,Co l' .fL4~.
[d)nmkenness of a member of this com­ ISj'$-ItfJ'(,/ u-d.",. /--~J!.f ~/ LV£.<.U.--' -P. ///".{'-, .. "I)._J/.
mand is a grave offense, meriting severe (b) Mention any oollege degreea reoeived. giving name of institutlon, •
penalty. Under conditions incident to for­ da·tes. eto.
ethigen l isfee rovfi cmee, mdrbuenrkse onfn tehsess em faoyr ceensd, aanndg eirt 5. BCr--1..eGf, . s~Yll.•o Ip.Psiys' ~o.f .p;r.o.f e~ss,io.=fl ~ca r-ee:~ ·a~a~I~ (''"~~ ~'1 ~~4....e..:... .a:..tL... .C -:::f- Ni .:~f1.,
wini ltlh dee estyreosy o tfh eo ugro Aodll ieres,p aunted othf uosu rcAonrsmtiy­ (~'-.~1~/t ./1.'.j'1. :-'--;.). 1 10'/' .u? ?hr?...~.. ..k~... Ji .-"J;v.-<.'.a a~j.(/~' J~'---.':-...~..../ ..I 'fZ/.., ~/; Jp.... "~""7J~./ 1'!.r..t/r77'' S'.­ ~
tute an impediment in the achievement ~.....--J ~-~ 1-~/'~.r....:c- ... ~....,
of success by this command. It will not 6. State any speoial experienoe or praotice in any partioular brnnch or subjeot
be tolerated. \, OJ.-,the ~rofe6eion• .a nd extent of such speoialization. . .
r;;...:....~-Ir--'- !7 -4...!.'?~ "4l .e.r·.L 4..~ ...J '7-..-..&1 C--......I ...... (!'7"....J...-.......
Despite the serious nature of most crimi­ ?k....:7[;U. 7'.G. ~ .,4.v. /,L.v<41 ­
nal cases, a review of judge advocate rec­ 7. State any publioe office held, how long, ~ 1 Q1'.e&..J CO..........L, U/tf;r:...,. .~Il~

ords for the Siberian expedition shows that I Sr1-1901. r~ 'IoI''':fvo-L-.. (il---7/ P""-'--7 ~/ /7c/-/7~

at least a few prosecutions have an almost 8. Mention all honorary degrees reoeived from educo.t1onnl institutions,' naming

comical aspect. In January 1919 Pvt. Panfile institutions and dates.

a.my ei''i'7&Jtz C.HJ...,.f.../ 15'7J'"·
Dandrea, while on duty as a cook at Ulysses
Bay, Siberia, "feloniously" struck Wagoner
Victor]. Lucier "on the head with a dipper."
The record of trial shows that the men in
10.
the dining room were anxious to be fed,
and that they were shouting at the over­
worked cook, Private Dandrea. As Dandrea, 11.
who had immigrated to the United States
from Italy some five years earlier, explained
in his court testimony:
12. Attach 0. phot.grnph of yoursolf, in uniform,
My tongue get twist [sic) ... they just get
me so sore holler [sic) at me trying to get If a oopy of the book is desired. a draft for $5.00, payable to the order
ef "Col. W. S. Weeks, Exeoutive Offioer", should be enolosed,
my goat every day I went wild. I don't
know what I said. I just take that dipper 14, If you have not a photograph, procure one at the ear11est mo!oont and let it
out. I didn't try to hit nobody with dip­ follow.
per. Accidently I get Jim [Lucier) in the
head.That's as much as I remember.They
all the time was hollering, "Let's go, Let's
go"... like a bunch of wild men. I got dis­
gusted and I got mad.
The court saw it slightly differently; hit­
ting Lucier with a dipper earned Dandrea
Maj. George McLean's biograpbical questionnaire rec01·ds botb bis extensive military and legal
three months hard labor. \4 experiences. He succeeded Major Galen in May 1919.
188 FaU 1998
--- --
---
--------
--
Prologue
Major Galen also was called upon "to give a lawyer and soldier made him ideally of routine courts-martial. Many involved dis­
a large number of opinions, both oral and suited to be Galen'Sreplacement in Siberia, respectful language or deportment toward
written, covering a great range and variety for the legal work was demanding. The superior officers. John Speer, an infantry
of subjects." In Galen's words: number of commanders who could con­ private in the Twenty-seventh Infantry, was
vene courts-martial had more than dou­ prosecuted for "contempmously throwing
[My] attention has been directed to
unusual questions of international Law bled-from five in December 1918 to his rifle and bayonet"at the feet of his supe­
and of conflict of jurisdictions between thirteen by June 1919. According to Mc­ rior officer "and saying to him, 'I'll be
the Military and Local Authorities. In the
Lean's report, tlus was the result of "the dis­ damned if I can stand it any longer and you
absence of a recognized government,our
position in dealing with the local author­ integration of the [AEF Siberia] command can give me six months or a year I don't
ities with respect to the application of
local laws, has been somewhat unique,
and much patience has been required." HEADQUARTERS AMERICAN EXPEDlTIONARY FORCES.
SInERIA.
Galen also performed a variety of other
legal duties. He served on the board of offi­ GENEHAL COURT-MARTIAL } Vladivostok, Siberia.
cers appointed to investigate and adjudi­ OltllEltS No. 105 Augnst 21, H119.
cate claims made against the United States.
Before a general court-martial which convl}ned at Verkhnie­
This allowed local Russians whose prop­ Udinsk, Siberia, p1lrsuant to paragraph 2, Special Orders No.
erty was damaged by AEF personnel to get 165, Headquarters American Expeditionary Forces, Siberia, July
21, 1919, was arraigned and tried:
compensation. Major Galen also served as
Private, First Class, John Speer, (3:!4251) Company "M,"
General Graves's representative on the "Al­
2ith Infantry.
lied Commission of Prisoners ofWar."A large
Charge 1: Violation of the 63rd Article of War.
number of captured German and Austro­
Specification: In that Private, Jst Class, John Speer,
Hungarian soldiers had been shipped by
(324251) Company "M," 27th Infantry, did, at Posolska.ya,
the Russians to Siberia, and the commis­ Siberia, on or about the 14th day of June, 1919, behave himself
sion, which met three times a week, deter­ with disrespect to'Ward Second Lieutenant Paul W. Kendall,
2ith Infantry, his superior officer, by contemptuosly throwing
mined their status under the Hague
his rifle and bayonet at his (Lieutenant Kendall's) feet and Eay­
Convention Respecting tbe Law and Cus­ ing to him, "I'll be damned if I can stand it any longer and YOI1
toms on War on Land. Tlus international can give me six (6) months or a year I don't gjve a damn
which," or words to that effect.
treaty, signed in 1907, required the Allies,
as Signatories, to determine the status of all
Pfc. John Speer's court-martial for disrespect toward his superior officet' resulted in one month of
captured enemy persOimei and then re­ hard labor.
quired certain treatment for all those com­
batants and noncombatants determined to into relatively small units and detachments give a danm which.'" He got six months in
have prisoner-of-war status. Galen's partici­ stationed at various points, widely apart, jail and lost two-thirds of his pay for sLx
pation on the conunission ended when it along the Trans-Siberian Railway in conse­ months, too.
was disbanded and the Japanese and Amer­ quence of the undertaking of the United As in North Russia, where relations be­
icans agreed to care for all prisoners of war States military forces to guard certain sec­ tween the American troops and local citi­
located in Siberia. 16 tions thereof."For McLean as the expedition zens became more friendly as the months
On May 31, 1919, Galen, recently pro­ judge advocate, this meant advising thir­ passed, there were prosecutions for failing
moted to lieutenant colonel, left Vladivos­ teen different commanders on their rights to take precautions against veneral disease.
tok for San Francisco. The day before, Maj. and obligations in adnunistering military Requests for Major Mclean's legal advice in
George R. McLean arrived in Vladivostok as justice. It also entailed reviewing a large the matter of social intercourse, however,
his replacement. McLean, a forty-six-year­ number of crinlinal cases. In a six-month soon went well beyond criminal law. For,
old Pennsylvania native, had some twenty period between January 1 and June 30, as the AEF presence in Siberia lengthened
years experience as a corporate attorney 1919, for example, Major Mclean and Ius in time, American soldiers were falling in
before being comnlissioned as a major in staff of three enlisted men handled eighty­ love, and a large number were deciding that
the Judge Advocate General's Department seven general courts-martial. Fortunately they wanted to marry their Russian girl­
in July 1918. But this seasoned lawyer also for Mclean, Regimental Sgt. Maj. Toomey, friends.In the U.S.Army of the day, a soldier
had considerable nlilitary experience, hav­ who had arrived in Vladivostok with Galen had to obtain his commanding officer's per­
ing soldiered as an infantry officer in the the year before, agreed to stay in theater to mission to marry. Apparently this permis­
Pennsylvania National Guard and served as assist McLean with legal operations. This sion was freely given, and the resulting
an aide-de-camp during the Spanish-Ameri­ ensured continuity in AEF legal opera­ marriages meant a number of legal ques­
can War. tions.'­ tions for the expedition judge advocate.
Major McLean's breadth of experience as Like Galen, McLean had a large number Could an army chaplain lawfully marry a
Arm)' Lawyers in Russia 189