Fourth International Publications

The International’s English-language periodicals: World Outlook, Inprecor and their companions, 1958–1994

Fort Hood Three Set Firm Example at Court-Martial

World Outlook Vol. 4, No. 27, 16 September 1966 · pp 9-10 · 446 words

Vietnam and Indochina Armed forces and soldiers

EXAMPLE AT COURT-MARTIAL

The case of the Fort Hood Three is attracting considerable _ attention in the United States as the first instance during the Vietnamese war of American army recruits refusing orders to go to Vietnam. Courts-martial for the three opened September 6 at Fort Dix, New Jersey.

The first to be tried was Pvt. Dennis Mora, a 25-year-old Puerto Rican. He based his refusal to obey orders on the plea that the war was illegal and immoral, violated the precepts of the International Law Commission of the. United Nations and was "a crime against humanity." -

The court of ten officers, presided over by Col. Robert F. Maguire, refused to hear the contention of..the defense as to the illegality of Johnson's war in Vietnan, found Mora guilty, and on September 7 sentenced him to three years in prison at hard labor, plus a "dishonorable" discharge and loss of. pay.

A second panel | of ten. officers next. tried Pfc. James A. Johnson Jr., a 20-year-old Negro. He, too, charged that U.S. involvement in Vietnam was illegal and a crime against humanity. He was declared guilty and sentenced to a "dishonorable" discharge, loss of pay and: five years in prison at hard labor.

In the third case, : Pvt. David A. Samas, a 20-year-old ¢ draftee from Modesto, California, testified that "The Nuremberg trials established that soldiers: have the obligation to use their consciences in following orders.

The ten officers who heard him immediately declared him "guilty" and handed out the same sentence as in the case of Johnson, the maximum.under Article 90 of the Uniform Code. of Military Justice.

samsé was reportedly surprised at the two five-year press

after Mora had. been given three years. However, he told, the press_ that they had. thought the. maximum sentence might be fifteen years” if they refused to go to Vietnam. "We were prepared to serve fif-

teen years," he said.

“Among the supporters of the defendants, Bertrand Russell : said that the three privates "had the respect and ardent support of people throughout the world." |

David Frost, who is seeking the senatorial candidacy of the Democratic party in New Jersey, said that the three “Should be decorated for their courage.

The defense plans to appeal the sentences. While the army system of "justice" will probably disdain listening to the legal arguments, which are very strong, it is hoped that the case can eventually be heard in a civil court.

The ultimate court of appeal is, of course, the people of the whole world. In this court, which long ago condemned Johnson as a war criminal, the Fort Hood Three are already considered heroes. -

BOMB

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