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Board of Review; Holdings, Opinions and Reviews, Volume XI

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Judge Advocate General's Department OOARD OF REVIEW Holdings, Opinions and Reviews Volume n including CM 215630 to CM 218166 (1941, 1943) LAW Office of The Judge Advocate General Washington: 1944 01952 CONTE.l'JTS OF VOWME XI CM No. · -~:· Accused Ihte Page 215630 Romero 21 May 1941 1 215729 Lamons, Holmes 19 Nar 1941 29 215734 Rush 22 Mar 1941 35 215787 Reed 16 Apr 1941 43 215788 White 22 Mar 1941 53 215861 Tomalenas 16 Apr 1941 61 215881 Madrid 5 Apr 1941 65 215996 Burton 8 Apr 11.)41 67 216004 Roberts, Miller 29 May 1Y41 69 (Dissenting Opinion) 31 May 11.)41 76 216028 Nix 23 Apr 1941 87 216021.) Brown 12 May 1941 91 216046 Roff 25 Apr 1941 99 216098 Weinrerg 19 Apr 1941 105 216143 Gaines 2 May 1941 109 216152 Wells 5 May 1941 111 216192 · Riggan, Zem.sky 29 Apr 1941 121 2lb239 Gibson 21 May 1941 123 216297 Snyder 3 May 1941 127 216316 Thomas 15 May 1941 129 216.361 Weber 6 May 1941 133 216397 Fleming 28 May 1941 139 2167Cf7 Hester 10 Jul 1941 145 216708 Lockhart 19 Jun 1941 163 216764 Harris 26 Jun 1941 171 216890 Aud 23 Jun 1941 179 216904 Frankie 28 Jun 1941 183 216927 Essex 27 Jun 1941 191 217051 Barton, Boothe 7 Jul 1941 193 217059 Clark 18 Jul 1941 195 217098 Hauptman 8 Aug 1941 207 217104 Bradley 2 Sep 1941 217 217172 Rosenl:aum 15 Jul 1941 225 217207 Barker 24 Jul 1941 229 CY No. Accused Date Page 21?282 Scanlan 31 Jul 1941 233 217283 Collings 2 Sep 1941 239 217383. Nelson 9 Aug 1941 245 217429 Busch 8 Aug 1941 255 217538 Kell7 20 Aug 1941 257 217580 Kane 22 Aug 1941 265 21?590 Lamb 12 Sep 1941 275 217636 Nichols 10 Sep 1941 285 217681 Walker ? Oct 1941 301 217788 Allen 29 Aug 1941 J2J 217842 Sierer 17 Sep 1943 325 217868 Schiedinger 29 Oct 1941 329 217904 Dutra 15 Sep 1941 341 217931 Jenkins JO Sep 1941 349 217945 Tepsic 28 Oct 1941 359 218143 Panetta 4 Oct 1941 373 218150 Hinman 7 Nov 1941 3'71 218157 Beadle 7 Nov 1941 381 218158 Sten.rd ? Nov 1941 385 218159 Thornal 7 Nov 1941 389 218166 Hosler 7 Oct 1941 393 VlAR DEPARTMENT In The Office of The Judge Advocate General Washington, D. c. (1) Boa.rd of Review CM 215630 M ~y 2 l 1il11 UNITED STATES ) PHILIPPINE DIVISION ) v. ) Trial by G.C.M., convened at ) Fort William McKinley, Philip­ Captain RUFO C. ROMERO ) pine Islands, November 7, 8, 9, (0-13350), Philippine ) 10, 12, 13, 14, 15, 16, 18, 19,. Scouts (CE), 14th ) 20, 22, 23 and 25, 1940. Dis­ Engineers (PS). ) missal and confinement for fifteen (15) years. OPDION of the BO.ARD OF REVIEW IIIIJ.., TAPPY and Van BENSCHOI'EN, Judge Advocates. 1. The record of trial in the case of the officer named above has been examined by the Board of Review, and the Board submits this, its opinion, to The Judge Advocate General. 2. The accused was tried upon the followi."l.g Charge and Specifica­ tions: CHARGE: Violation of the 96th Article of War. Specification 1: In that Captain Rufo C. Romero, Philippine Scouts, (CE), 14th Engineers (PS), an officer having access to secret maps pertaining to the national defense, to wit: Corregidor and Mariveles Vicinity (File No. 31 NE Copy No. 25); Tactical disposition of troops on Bataan, (File No. HI 7552 - 0176 Copy Numbers 3Cfl, 322, 424 and 452); Entrance to Manila Bay (File No • .31 Copy No. 1023); 'l'raffic Circulation Map of Bataan (Copy No. 18) and Overlay No 1 showing Defense Plan (File No. ODE 1228 Copy No. 40), did, at Fort William McKinley, P.I., on or about October 15, 1940, "Will.fully and un­ la,vfullJr communicate the said maps to Mariano Cabrera and Anis Y. Gepte, persons not entitled to receive such information. Si:ecif'ication 2: In that Captain Rufo c. Romero, Philippine Scouts, (CE), 14th Engineers (PS), did, at Passy, Rizal, P.I., on or about October 16, 1940, unlawfully reproduce certain official maps, marked "SECRET", of military in­ stallations, to wit: Corregidor and Mariveles Vicinity (2) (File No. 31 NE, Copy No. 25); Tactical disposition of troops on Bataan (File No. HI 7552 - 0176 Copy Numbers 3(17, 322,424 and 452); Entrance to Manila Bay (File No. 31 Copy No. 1023); Traffic Circulation Map of Bataan (Copy No. 18) and Overlay No. 1 showing Defense Plan (File No.OIE 1228, Copy No. 40), without first obtaining permission from the Commanding General, Fort William McKinley, P.I., or higher authority, said maps having no clear indication thereon that they had been censored by proper military authority. Specification 3: In that Captain Rufo C. Romero, Philippine Scouts, (CE), 14th Engineers (PS), an officer having access to secret maps pertaining to the national defense, to wit: Corregidor and Mariveles Vicinity (File No. 31 NE, Copy No. 25); Tactical disposition of troops on Bataan (File No. HI 7552 - 0176 Copy Numbers 'J(f], 322, 424 and 452); Entrance to Manila Bay (File No. 31 Copy No. 1023); Traffic Circulation Map of Bataan {Copy No. lS); and Overlay No. 1 showing Defense Plan (File No. OIE 1228 Copy No. 40), did, at Pasay, Rizal, P.I., on or about October 15, 1940, conspire with Mariano Cabrera and Ignacio Agbay to unlawfully canmu:nicate the said maps to Anis Y. Gepte, a person not entitled to receive such information and to effect the object of said conspiracy did, thereafter on said date, in company with the said Anis Y. Gepte, visit the building at Fort William McKinley, P.I., in l'lhich the said maps were stored. , Specification 41 In that Captain Rufo C. Romero, Philippine Scouts, (CE), 14th Engineers (PS), did, at Pasay, Rizal, P.I., on or about October 15, 1940, conspire with Mariano Cabrera and Ignacio Agbq to unlawful~ reproduce certain official maps, marked "SECRETlf, o.t military installations, to wit: Corregidor and :Mariveles Vicinity (File No. 31 NE, Copy No. 25)J Tactical disposition of troops on Bataan (File No. HI 7552 - 0176 Copy Numbers 'J(f], 322, 424 and 452); Entrance to Manila Bq (File No. 31 Copy No. 1023); Traffic Circulation Map of Bataan (Copy No. 18); and Over­ lay No. 1 showing Defense Plan (File No. ODE 1228, Copy No. 40), without first obtaining permission from the Com­ manding General, Fort William McICinley, P.I., or higher authority, said maps having no clear indication thereon that they had been censored by the proper military author- 1ties, and to effect the object of said conspiracy, did, on or about October 16, 1940, remove said maps from their place of Ettorage at Fort William McKinley, P.I., to his home in Pasay, Rizal., P.I. I -2- (3) 3. Upon arraignment the defense stated that the accused had no speci&l. pleas to offer but moved (R. 11) that the court conduct an inquiry into the mental condition of the accused 'With a view to de­ termining whether the accused was competent to conduct or cooperate intelligently in his defense and 'Whether at the time it is alleged the offenses were committed, he was able concerning the particular acts charged both to distinguish right from wrong and to adhere to the right. !:• The defense submitted testimony- in support of the motion substantial.zy" as follows : (1) A sister of the accused, 'Who cared for him for about fol.ll"teen yea.rs from the age of one year and seven months until he gradu­ ated from grade seven testified that as a small child he was hot-tempered (R. 14, 24). At seven years of age, 'When he was sick six weeks with maJ.aria, he shouted, ran and. fell downstairs, was unconscious, and his nose and head bled pro.fusely. One night he poured kerosene on the floor and lighted it. He asked for a live cow, and when a boy refused to go to get a cow with him, he beat the boy. Four or five years ago in com­ ing from Capas he"threatened to shoot a man who told him he was very fat (R. 24-25). Once he shouted in the roadwey because she did not bring a brother to him from Manila. At another time in the midst of a peaceful conversation he ,rould b·ecome very angry and call her names. As a small boy he was under a doctor I s care for eight months because of the extraordinary actions he exhibited (R. 30-31). His actions are very different from ordinary men of his age. He can distinguish be­ tween right and ,vrong in his actions. 1'When his head is on the right wa;r• he can adhere to the right "but when that abnormal mentality strikes him, he cannot tell" (R. 32-33). (2) A housegirl "Who worked for accused for eighteen dqs before he was arrested (R. 40), testified that every time the telephone rang, accused ran dollllstairs and hid in the dark room. When som,thing did not please him at the table he threw food and plates on the floor ani spilled glasses of milk and of coffee. He beat the children llithout cause and then cried. He would enter the bathroom for a bath and pour water on himself without taking o:rr his clothes (R. 40-42). He did not talk over the telephone at all, but when it rang, Y«:>uld set the telephone on the noor and run downstairs (R.
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