"COURT-MARTIAL"
_________________
 

Appendix 1 Vol 1
Page 1 of 3

 

 

 

RECORD OF TRIAL

 BY

GENERAL COURT-MARTIAL

OF

CAPTAIN JOHN K. WALSH, 0322587, MC

 503d  PARACHUTE INFANTRY

AND

CAPTAIN  BENJAMIN A. BACHE, 0332400, INF.

503d PARACHUTE INFANTRY

AT

 A.P.O.  704

 

 

 

A.P.O. 704
13 June 1943

 

CERTIFICATE

 

                       On April 12, 1943: I was the Commanding Officer of the 503d Parachute Infantry.  On that date I read to the assembled officer of the 503d Parachute Infantry the following classified information:

                       From Confidential Intelligence Summary date 1 April 1843:, HQ USASOS, BASE SECTION 2, OFFICE OF THE S-2, copy number 17 of Issue Number 2.

 “III.  INDIVIDUALS

    A.  DR. T. J. COTTER, CIVILIAN MEDICAL PRACTITIONER,  INNISFAIL, QLD.

                       It has been reported to this office that Dr. Cotter has been entertaining many American Officers with parties at his home in Innisfail.  It has been stated that Dr. Cotter will only entertain officers.  As this person has been suspected of subversive activities over a long period of time, it is requested that any American Officers who visit Dr. Cotter, use caution to prevent him from gaining and information of military value.  It is also requested that any additional information on Dr. Cotter be forwarded to this office.

                       Intelligence Officers whose units are within 70 miles of Innisfail should advise officers of their command regarding Dr. Cotter’s questionable loyalty.”

                       Upon completing the reading of the extract quoted above, I stated in substance the following:  A word to the wise should be sufficient.  If any officers present have any engagements with Dr. Cotter this weekend do not cancel them because I doing so such cancellation would arouse suspicion.  You are forbidden to speak of this matter to anyone, even between other officers of this command now present.

                       I noted the presence of Captain John K. Walsh at the reading of the extract mentioned above and my order stated above, for I had knowledge that a state of friendship existed between Dr. Cotter and Captain Walsh.

                       I do not remember specifically the presence of Captain Benjamin A. Bache, however on that date Capt. Bache was on full duty status and attendance to this officer school was mandatory.

 

KENNETH H. KINSLER

Colonel, 503d Parachute Infantry

COMMANDING

 

Captain John K. Walsh did not desire to call this witness or to exercise his right to cross-examine Col. Kenneth H. Kinsler.

 

 

JOE. S. LAWRIE

Lt. Col., 503d Parachute Infantry

Investigating Officer

 

 

*  *  *  *  *  *  *  *  *

   
   

Innisfail, Queensland

20 June 1943:

 

STATEMENT OF DR. T. J. COTTER, INNISFAIL, QUEENSLAND

 

                      I, Dr. T. J. Cotter, known Captain John K. Walsh.  He had been to my home in Innisfail frequently.  It is difficult to remember the exact date or dates of his visits but I would say his last visit occurred about two and one half weeks ago.  At that time as happened in some of the other visits of Captain Walsh to my home a discussion arose as to my being suspected of being suspected of subversive activities.  The start of these discussions probably occurred during the last of April or the early part of May.  About three or four weeks ago I invited and started the discussion with Captain Walsh.  In fairness to captain Walsh I must state that he did not start any of these discussions but he, Captain Walsh did concur in the allegation that I had been suspected of subversive activities.  Captain agreed and concurred to the fact that it had been announced by orders that I was suspected of subversive activities, and that if any officers had made plans  for any social calls on me on the weekend following the publishing of the order that these officers should go ahead and fulfil them.  Captain Walsh stated to me that he had heard the order when given.

                       At these discussions there were other persons present.  Captain Lawrence, Capt. Bache, and myself are the only ones that I will mention at this time.  I will not divulge the names of the others at this time.

                       Captain Walsh during these discussions was in full control of his mental faculties.  We had imbibed some alcohol, I am prepared to state that he was fully responsible for his actions, and very sincere in his answers.

                      

THE FOLLOWING ARE QUESTIONS ASKED BY CAPTAIN WALSH AND DIRECTED TO DR. T. J. COTTER FOR ANSWER.

 

1.  You agree that I never introduced the subject in question to you?

ANSWER:  Yes, I do agree to that.

2.  Did not my participation in the discussion mainly center around the background of why you might be suspected, that is to say, that you might have some enemies here in Innisfail and they forwarded such suspicions through Australian military channels?

ANSWER: Yes, the first discussions we had did center around that.

3.  Did I ever make the statement that such an order had been read?

ANSWER: Yes.

4.  Did I ever divulge the contents to you of such an order?

ANSWER: Yes.

5.  Where there any witnesses present when I am supposed to have divulged the contents?

ANSWER: Yes.

6.  Will you name them?

ANSWER:  I will not name them under any conditions.

7.  Did I mention any name as to who is supposed to have published this order?

ANSWER:  Yes, the last time that you were here.  During the discussion I asked you and you mentioned that either Col. Kinsler or Col. Jones had read the order, later I asked Lt. Kirkpatrick and he mentioned Col. Kinsler or Col. Jones, I cannot state which one of you stated which one of them read it.  later on in the kitchen I asked you both when we were together and you stated that it must have been one of them.  Your answer only made me more suspicious.

8.  Do you remember the exact phrasing I used?

ANSWER:  No.

9.  Do you remember whether I said that Colonel Kinsler was the responsible party or not?

ANSWER:  Yes, I do remember that you said that.

 

 

(Signature)

DR. T. J. COTTER Hon Capt. R.A.A.M.C

Rankin Street

Innisfail, Queensland

 

Witnessed :    (Signature)

               Joe S. Lawrie

               Lt. Col.  503d Parachute Infantry

 

ADDED STATEMENT BY DR. T. J. COTTER

                       In fairness to Captain Walsh and Captain Bache they were not the first members of the parachute regiment who informed and discussed with me the allegation that I was under suspicion for subversive activities and that this had been announced to an officers meeting of the parachute regiment by either Colonel Kinsler or Colonel Jones.

                                             

               

(Signature)

DR. T. J. COTTER Hon Capt. R.A.A.M.C

Rankin Street

Innisfail, Queensland

 

 

   
   

STATEMENT OF CAPTAIN H. E. LAWRENCE  NX105440, 32 AUSTRALIAN SUPPLY DEPOT PLATOON, 1ST AUSTRALIAN ARMY, attached to II AUSTRALIAN CORPS.

 

I, Captain Lawrence, know Captain John K. Walsh.  I have seen him at the home of Dr. T. J. Cotter on occasion.  It is difficult to remember the exact date of the last visit but I would say that is was about three or four weeks ago.  At that time I did not hear or see Captain Walsh enter into any discussion on the matter that Dr. Cotter was suspected of subversive activities.  On a previous visit, about five or six weeks ago, such a discussion did take place.  Captain Walsh, Captain Bache, Dr. Cotter and myself and possibly some others I am not sure, did discuss the matter.  The discussion arose when Dr. Cotter said that it had been posted or published to the officers of the 503d Parachute Infantry that I have been suspected of subversive activities.  From this “round table” discussion I learned that such a notice had been posted in what I call “routine orders” and that officers were not after the weekend following the publishing of such order, to visit Dr. Cotter.  This discussion went on at some length, while I can not remember any definite statements that Captain Walsh made I do recall that Captain Walsh did concur and enter into the discussion, and that such facts as to the posting were true.  I believe that Dr. Cotter first stated that such a notice had been posted.  Captain Walsh felt that it was ridiculous that Dr. Cotter was suspected.  Captain Walsh was fully in control of his mental faculties and in my opinion he was responsible for his actions.

QUESTIONS BY CAPTAIN WALSH TO CAPTAIN LAWRENCE FOR ANSWER

1.  Do you remember that I suggested that there was a possibility that someone had it in for Dr. Cotter here in Innisfail and had forwarded such information through Australian channels and that might be the explanation  for such suspicion of Dr. Cotter?
ANSWER:  I don’t remember your question, I do recall that someone in the course of the discussions did bring it up but I can not state whether or not it was you or Captain Bache mentioned that the substance of the routine order might have come from Australian sources.

2.  Do you remember any direct reference I made to the order?
ANSWER:  No.

3.  Do you remember my divulging the contents of such order?
ANSWER:  No.

4.  Do you remember my participation in the discussion on the possibility of suspicion of Dr. Cotter starting from Australian sources?
ANSWER:  No, however I do recall it having come up.

(Signature)

H. E. LAWRENCE NX105440
 

 

   
   

Subject :  Report of Investigation

To :  Commanding Officer, 503d Parachute Infantry, APO 704

 

1.  In the case of the United States vs Captain John K. Walsh the following report of investigation is submitted.

2.  The accused was informed of the offense charged against him; the names of the accuser and the witnesses, as far as they were then known to me; the fact that charges are about to be investigated ; his right to cross-examination witnesses against him, and to present anything he may have desired in his own behalf, wither in defense or mitigation; his right to have the investigating officer examine available witnesses requested by him; and his right to make or submit a statement in any form subject to the risk of having such statement used against him.

3.  My recommendations are as follows:

a.  That the specification be changed as follows; delete the words “on or about May 29, 1943:” and substituting the words “within a period from April 12, 1941 to May 31, 1943:”

b.  That the accused be brought to trial before a General Court-Martial.

4.  There is no ground for the belief that the accused is, or was not at the time of an offense, mentally defective, deranged, or abnormal.

5.  Substance of testimony taken is included.

6.  Captain John K. Walsh did not desire to make a statement.

7.  With the specification changed as recommended the elements of proof are evident in the substance of testimony taken that such an offense did occur.  The indication that Captain Walsh may or may not have been the first to commit such an offense was not considered as extenuating circumstances by the investigating officer.

(Signature)

JOE S. LAWRIE

Lt. Col., 503d Parachute Infantry

Investigating Officer 

 

   

 

Subject :  Report of Investigation

To :  Commanding Officer, 503d Parachute Infantry, APO 704

 

1.  In the case of the United States vs Captain Benjamin A. Bache the following report of investigation is submitted.

2.  The accused was informed of the offense charged against him; the names of the accuser and the witnesses, as far as they were then known to me; the fact that charges are about to be investigated ; his right to cross-examination witnesses against him, and to present anything he may have desired in his own behalf, wither in defense or mitigation; his right to have the investigating officer examine available witnesses requested by him; and his right to make or submit a statement in any form subject to the risk of having such statement used against him.

3.  My recommendations are as follows:

a.  That the specification be changed as follows; delete the words “on or about May 29, 1943:” and substituting the words “within a period from April 12, 1941 to May 31, 1943:”

b.  That the accused be brought to trial before a General Court-Martial.

4.  There is no ground for the belief that the accused is, or was not at the time of an offense, mentally defective, deranged, or abnormal.

5.  Substance of testimony taken is included.

6.  Captain Benjamin A. Bache did make a statement. Statement is included herewith.

7.  With the specification changed as recommended the elements of proof are evident in the substance of testimony taken that such an offense did occur.  The indication that Captain Walsh may or may not have been the first to commit such an offense was not considered as extenuating circumstances by the investigating officer.

(Signature)

JOE S. LAWRIE

Lt. Col., 503d Parachute Infantry

Investigating Officer 

 

   
   

A.P.O.  704

20 June 1943:

 

 

SWORN STATEMENT OF CAPTAIN BENJAMIN A. BACHE

 

After having been duly warned as to his rights of making a statement in any form and that such a statement might be used against him if he is brought to trial Captain Benjamin A. Bache elected to make a sworn statement which follows:

Reference statement made by the two witnesses, Dr. Cotter and Captain Lawrence, that I visited the home of Dr. Cotter about two or three weeks ago is false testimony.

 

(Signature)

Benjamin A. Bache

Captain, 503d Parachute Infantry

 

 

 

 

This is sworn to before Lt. Colonel Joe Lawrie

 

 

 

 

 

 

   
 

A.P.O  704

18 June 1943:

 

CERTIFICATE

 

           I, Lawson B. Caskey, Captain 503d Parachute Infantry, remember the meeting of all officers of the regiment during which Colonel Kenneth H. Kinsler, the Commanding Officer of the Regiment, read from a document which in substance was as follows:

            That Dr. T. J. Cotter actions had been under surveillance for a long time and that his custom was to only invite officers.

            The Commanding Officer, Colonel Kinsler , ordered that this matter would not be discussed among those present or between ourselves or anyone else.

            As far as I know all officers of my company, Headquarters and Headquarters Company, 503d Parachute Infantry were present.  I am second in command of the company and I did not on this school session report to the regimental adjutant as to the present or absent status of the officers of my company.  While I am unable to state definitely that Captain B.A. Bache, the company commander, was present or not, I know that had he been absent I would have made the required report to the regimental adjutant.  I remember very distinctly that I did not make the report.

 

Signature)

Lawson B. Casket

Captain, 503d Parachute Infantry

 

Captain Benjamin A. Bache did not desire to call this witness nor to exercise his right of cross-examination.

 

                                    Signed by Lt. Colonel Lawrie

 

   
   

Innisfail, Queensland

20 June, 1943:

   

 

 

 

There follows a statement here by Captain H. E. Lawrence which is much like his statement about Captain Walsh.  After the statement was read Captain Bache did not wish to question Captain Lawrence; however, upon reconsideration he asked the following:

1.  Did I indicate that such an order was published?

ANSWER:  I can not recall whether you indicated you were present or not when such an order was published but that you did enter into the discussion.

2.  Was your judgment impaired by your drinking?

ANSWER:  I do not think so.

 

                                   

Signed by Captain Lawrence

 

 

 

 

 

   
 

SPECIAL ORDERS)

Hq I CORPS, US ARMY

 :

APO 301

NO 62)

26 June 1943:

               

1.  A GCM is aptd to meet at APO 704 at 0900, 28 June 1943:, or as soon thereafter as practical, for the trial of such persons as may be properly brought before it.

 

DETAIL FOR THE COURT

 

 

LT. COL. GEORGE M. JONES, 019965, 503d Prcht Inf

LT. COL. JOHN J. TOLSON, 020826, 503d Prcht Inf

MAJOR JOHN L. ERICKSON, 0342364, 503d Prcht Inf

MAJ. CAMERON KNOX, 0323645, 503d Prcht Inf

MAJ. JOHN W. BRITTON, 0304945, 503d Prcht Inf

MAJ. JAMES W. IMHOFF, 0404780, 503d Prcht Inf

MAJ. MONROE B. GALL, 0311165, 503d Prcht Inf

CAPT. EMIL R. KELLY, 0292620, 503d Prcht Inf

 

CAPT.CHARLES S. GALBREATH, 0372084, 503d Prcht Inf, TJA

1ST LT. LUTHER L. SEXTON, 0412842, 503d Prcht Inf, Asst TJA

 

CAPT.  EUGENE C. PADGETT, 0314533, 503d Prcht Inf, DefC

1st LT. WILLIAM D ZILLER, 01284972, 503d Prcht Inf, Asst DefC

 

By command of Lieutenant General EICHELBERGER:

  

 

C. E. BYERS

 

Brig. Gen, GSC

 

Chief of Staff

 OFFICIAL:

(Signature)

CHARLES A. WILLIAMS

Captain, AGD

Asst AG   

 

   

                 Lt. Col. John J. Tolson III was on leave of absence.