CROSS EXAMINATION

Q.  Did he place Dr. Cotter�s residence off limits?

A.  Not at the time, he said if they were scheduled to go there that weekend he would not place it off limits.

EXAMINATION BY COURT

Q.  Were either Captain Walsh or Captain Bache reported absent at this meeting?

A.  Not that I remember.  All units were reported present, but in all probability Captain Bache might not have been reported.  To the best of my knowledge there were no absentees reported.

Q.  Do you think that Captain Walsh and Captain Bache were very reluctant in order to evade any discussion concerning this matter?

A.  I felt very uncomfortable on bringing the matter up, but I was very concerned about it regarding me personally.

Q.  Would you say that the accuseds' only alternative, being guest at your house, would have been to answer you or to have left your house?

A.  Yes.

EXAMINATION BY COURT

Q.  Dr. Cotter on or about May 16, did Captain Walsh and Captain Bache enter into any discussion with you pertaining to any instructions that they had been given concerning you?

A.  They did not enter any discussion concerning instructions.

Q.  Dr. Cotter on or about May 16 did  Captain Walsh and Captain Bache enter into discussion of any subject that had been promulgated to them from this headquarters?

A.  I am in no position to say.

H. E. Lawrence, a witness for the prosecution was sworn and testified as follows:

DIRECT EXAMINATION

Q.  State your name, rank, organization and station?

A.  H. E. Lawrence, NX 105440, Captain, 32 Australian Supply Depot Platoon, 1st Australian Army, attached to II Australian Corps.

Q.  Do you know the two accused?

A.  I do.

Q.  Please state who they are?

A.  Captain Bache and Captain John Walsh.

Q.  Are they in the Military service of the United Sates?

A.  As far as I�m concerned they are.

Q.  Where were you on or about May 16, 1943?

A.  At Dr. Cotter�s home in Innisfail.

Q.  Were the two accused there?

A.  Yes sir.

Q.  What subject, if any came up for discussion which particularly concerned Dr. Cotter?

A.  Dr. Cotter informed me that he had been accused of Subversive activity.  That officers of the 503d Parachute Regiment had been instructed not to visit his home after that weekend.

Q.  Did the two accused participate in this discussion?

A.  To the best of my knowledge they did.  I participated in it and they were present.

Q.  Explain briefly to the court just how each of the two accused did enter into the conversation?

A.  That was when Dr. Cotter told me of the matter.  I didn�t take it seriously.  When the statement was repeated I suggested to Dr. Cotter that he either was subversive or that he would go and demand an explanation.  Dr. Walsh then participated in the discussion by saying that my idea was not a good one or words to that effect.

Q.  Was Captain Bache present at the time of the discussion?

A.  Captain Bache was present at the discussion.

CROSS EXAMINATION

Q.  You said that captain Walsh suggested that your idea was not a good one?

A.  Yes.

Q.  Was that all you remember?

A.  That is all I think.  It was quite some time ago.

Q.  As a member of the Military service Captain Lawrence you are aware of things that are considered secret or confidential?

A.  Yes.

Q.  What other information, confidential or secret was disclosed in the discussion?

A.  No other information other than I have given you.

Prosecution Rests:  Any further witnesses.

Defense Counsel:  The accused have been advised as to their rights and they wish to make a sworn statement.

Prosecution:  Do each of the accused understand their rights?

Defense Counsel:  They do.

Captain John K. Walsh, one of the accused, was sworn and testified as follows:

Q.  State your name, rank, organization and station?

A.  Captain John K. Walsh, Medical Detachment, 2nd Battalion, 503d Parachute Infantry, A.P.O. 704.

Q.  Are you accused in this case?

A.  I am.

Q.  Captain Walsh were there always a number of guests at Dr. Cotter�s over the weekends?

A.  On every occasion that I have been there, there have been from two to ten guests present.

Q.  To your knowledge Captain Walsh did Dr. Cotter approach others generally on this matter of his being suspected of subversive activity?

A.  Yes.

Q.  Then you and Captain Bache were not the only two there?

A.  No.

Q.  It has been brought up in the testimony Captain Walsh that your participation in this discussion was suggesting that Captain Lawrence�s idea of seeing Colonel Kinsler was not a good one.  Is this the extent of your conversation concerning the alleged information?

A.  Yes.

CROSS EXAMINATION

Q.  Just how did you enter the conversation?

A.  The question came up the possibility of Colonel Kinsler being sued and I said that it was foolish.  I had been drinking and various aspects of the suit were uttered upon.  That was the part I played.

Q.  Did they discuss any phase of this information other than that of suing the Colonel?

A.  Evidently they must have because as I entered that was when the question was repeated.

Q.  Were you present at the beginning of the conversation?

A.  No, I was not.

EXAMINATION BY COURT

Q.  Captain Walsh on your visit at Dr. Cotter�s house on May 16th, did you in any was discuss or allude to Confidential Intelligence Summary, dated April 1, 1943,  Hqs. USASOS?

A. I most emphatically did not.

Captain Benjamin A. Bache, one of the accused, was sworn and testified as follows:

EXAMINATION BY DEFENSE

Q.  State your name, rank, organization and station?

A.  Captain Benjamin Allen Bache, Headquarters and Headquarters Company, 503d Parachute Infantry, A.P.O. 704.

Q.  Did Dr. Cotter speak of the confidential matter to you?

A.  No.

Q.  Did you hear him speak to anyone of the confidential matter in the house?

A.  I couldn�t say whether he did or he didn�t.

Q.  As far as you know the subject was not brought up?

A.  It was brought up I think.

Q.  Was the confidential matter brought up in connection with this organization?  Was it in connection with the lecture in which the Colonel read the extract?

A.  Not to my knowledge, no.

Q.  Just how in your own words did you say the subject was brought up?

A.  I entered the room which was filled up with people drinking and in any number of conversations and any number of subjects.

Q.  One of the subjects under conversation was concerning this confidential information?

A.  I heard that alluded to.

Q.  Did you take any part in that conversation?

A.  I did not.

Prosecution:  The prosecution has nothing further to offer.  Does the court desire any witnesses called or recalled, or any evidence produced at this time.

President:  The court wishes to recall Dr. Cotter.

EXAMINATION BY COURT

Q.  Dr. Cotter on or about May 16, 1943 you stated in prior testimony to the effect that a certain individual advised you to see higher authorities regarding the alleged concerning yourself?

A.  Yes I brought up this matter of the alleged order and said that I wanted to clear myself and what I should do.  Captain Lawrence advised me to get in touch with General Morehead.  Captain Bache said that if he were in a position like that, he would take up the matter with higher army authorities.

Q.  Dr. Cotter you made the statement that during the conversation it was remarked that if he were involved in a matter as you are that he would go to higher headquarters.

A.  He was worried about the allegation which I mentioned to him.  That was the action that he would take under the circumstances.

Q.  An allegation of what?

A.  An allegation that I was alleged to be under suspicion of subversive activity.  The discussion was as to what I should do.  Captain Walsh told me to drop it that there was nothing to be done.

Q.  Dr. Cotter at the time of the discussion that you mentioned what other people were present.

A.  Captain Lawrence.  I was not certain that there were any other people present at the discussion.  There were other people in the house but at that time we were in kitchen and there were numerous discussions in my house prior to this.

Q.  You stated that you knew from 6 weeks to 2 months before you met the accused that you were under surveillance.

A.  I said I was under suspicion not under surveillance.

Q.  Six weeks to 2 months?

A.  Very definitely.

Q.  Did you at any time speak of the subject under question with either of the accused? (Defense Objected on the ground that specifications read on or about May 16.)

OBJECTION NOT SUSTAINED BY COURT.

A.  Yes

Q.  When?

A.  About 4 or 5 days after I had first learned from other people that an order had been out I brought up the question to Captain walsh.

Q.  What was the date?

A.  About 6 weeks or two months before.

Q.  In what way did you bring up the subject?

A.  Captain Walsh came into my house for a few minutes and I said, do you believe I am a spy.

Q.  What was the rest of the conversation from there?

A.  Captain Walsh said, I don�t.

Q.  Did you tell him the information you had on the subject?

A.  Yes.

Q.  What did he say to that?

A.  I don�t know.

Q.  At any other time did you have any other discussion wit the accused concerning this matter.

A.  I don�t remember, at least on one other occasion.

Q.  Did  you say the subject one upon which you and the accused were on familiar speaking terms?

A.  No.  It is an obsession with me of being suspected of subversive activity.

Q.  On or about May 16 did you talk with the other accused on this subject?

A.  I am not certain whether I did or not.

Q.  Dr. Cotter when this discussion that you said prior to May 16 took place with Captain Walsh was it after you had been informed of a certain order.

A.  Yes.  After being informed that it had been promulgated.  A few days later, about 3 days later.

DEFENSE

Q.  Dr. Cotter in these parties is there considerable drinking going on?

A.  Yes, always.

Prosecution:  Does the court desire any witness called or recalled at this time?

President:  The court desired to recall Captain Bache.

Captain Bache upon being recalled was informed that he was still under oath.  Captain Bache testified as follows:

EXAMINATION BY COURT

Q.  Captain Bache did you have any discussion with Dr. Cotter on matter contained in Confidential Summary, dated 1 April 1943, hr. ASASOS, or did you allude to the subject with Dr. Cotter at any time subsequent to April 12 and up to including May 16?

A.  At no time did I reveal the contents of that order or discuss it.  The nearest approach was one afternoon, Dr. Cotter said, �I am in a pickle with the military.  What would you do.�  I said the only proper thing to do is to handle it officially and see the proper authorities.

Q.  Did he go into detail as to what he meant when he said he was in a pickle.

A.  We passed each other in the living room, I was going one way and he was the other, but at no time did I reveal the contents or discuss it.

Prosecution :  Does the Defense desire to make any argument in the case?

Defense:  It does.

                             The prosecution has failed to prove the specifications.  It has been shown by prosecution witnesses that neither Captain Bache  nor Captain Walsh at any time spoke of the information contained in the circular with reference to the other discussion which allegedly took place between Captain Walsh and Dr. Cotter.  According to Dr. Cotter himself, this discussion was at least �Six weeks to two months prior to May 10,� at which time Captain Walsh was not under orders to not speak of this matter.

Defense:  The defense rests.

Prosecution:  The prosecution wishes to point out to the court that the order as it was actually given was not to discuss this subject with anyone not even with other officers of the regiment.  It has been proven by both witnesses, Dr. Cotter and Captain Lawrence, that both of the two accused did actually enter into a discussion and no matter how remote the discussion was, at least it pertained to this particular subject, and that it was in direct violation of the order.

President:  The court will be closed.

The court was opened and the president announced that both Captain Walsh and Captain Bache were acquitted upon all specifications and charges.

Examined by Defense Counsel before

authentication (par. 450, G.C.M.

( initials of Def. Counsel)

AUTHENTICATION

(Signature George M. Jones)

  Lt. Col., 503d Prcht Inf.

President 

(Signature)

Capt. 503d Prcht Inf

Trial Judge  Advocate.

GENERAL COURT-MARTIAL

HEADQUARTERS I CORPS

ORDERS NO.19

APO 301   15 Aug 43

Before a general court-martial which convened at APO 704, pursuant to paragraph 1, Special Order No. 62, Headquarters  I Corps, 26 Jun 43 was arraigned and tried:

                             Captain John K. Walsh, MC, 0322587, 503d Parachute Infantry, and Captain Benjamin A. Bache, 0332400, 503d Parachute Infantry.

As to Captain John K. Walsh:

                            CHARGE: Violation of the 96th Article of War.

                             Specification:  In that Captain John K. Walsh, Medical Detachment, 503d Parachute Infantry, having received a lawful order from Colonel Kenneth H. Kinsler, Commanding Officer, 503d Parachute Infantry, not to speak to anyone concerning the information contained in Section III, Confidential Intelligence Summary, dated 1 April 1943, Headquarters United States Army Service of Supply, Base Section 2, Officer of the S-2, which information was made known to the said Captain Walsh by the said Colonel Kinsler on or about April 12, 1943, the said Colonel Kinsler being in the execution of his office, did, at Innisfail, Queensland, Australia, on or about May 16, 1934 fail to obey same.

PLEAS

To the Specification  and Charge:       Not Guilty.

FINDINGS

Of the Specification and Charge:         Not Guilty.

As to Captain Benjamin A. Bache:

                       CHARGE:  Violation of the 96th Article of War.

                             Specification:  In that Captain Benjamin A. Bache, Headquarters and Headquarters Company, 503d Parachute Infantry, having received a lawful order from Colonel Kenneth H. Kinsler, Commanding Officer, 503d Parachute Infantry, not to speak to anyone concerning the information contained in Section III, Confidential Intelligence Summary, dated 1 April  1943, Headquarters  United States Army Services of Supply, Base Section 2, Officer of the S-2, which information was made known to the said Captain Bache by the said Colonel Kinsler on or about April 12, 1943, the said Colonel Kinsler being in the execution of his office, did, at Innisfail, Queensland, Australia, on or about May 16, 1943 fail to obey the same.

PLEAS

To the Specification and Charge:         Not Guilty.

FINDINGS

Of the Specification and Charge:         Not Guilty.

                            The acquittals were announced in open court on July 24, 1943.

By command of Lieutenant General EICHELBERGER:

C.E.BYERS
Brig. General, GSC
Chief of Staff

OFFICIAL :

CHARLES A. WILLIAMS

Capt, AGD

Asst AG