The court proceeded to the trial of WALSH, JOHN K., 0-322587, Captain and BACHE, BENJAMIN A., 0-332400, Captain, both of the 503rd Parachute Infantry, who, on appearing before the Court, were asked by the Trial Judge Advocate whom they desired to introduce as council.  The accused stated that they did desire to introduce as their individual counsel Captain ROBERT F. LAMAR and they desired the services, as associate counsel, of the defense counsel and the assistant defense  counsel.

Techn.  5th  Gr.  JOE. A FERNANDEZ,  Service Company was sworn in as reporter.

Prosecution to the Accused:  Does the accused Captain WALSH desire a copy of the record without cost?

Defense:  He does.

Prosecution to the Accused:  Does the accused Captain BACHE desire a copy of the record without cost?

Defense:  He does.

The trial judge advocate then announced the names of the members of the court present.

Prosecution:  If any member of the court is aware of any facts which he believes to be a ground of Challenge by either side against any member, it is requested that he state such facts.

Court:  No member is aware of any facts that would be grounds for challenge.

Prosecution:  The prosecution does not desire to exercise its right to challenge peremptorily.

Prosecution to each accused;  You now have an opportunity to exercise your rights to challenge any member or members of the court for cause.

Captain WALSH-  I do not.

Captain BACHE-  Yes.  major Gall for cause.

In the month of December last year , my company was to go to the dispensary.  I received an order from Colonel Kinsler to go to another detail.  Major Gall was quite mad and made a statement that he didn�t receive any cooperation from Regimental Headquarters Company or the Company Commander.  He said, �When we enter combat he wished I broke a leg and said that he would get even with me some day."

CHALLENGE WAS NOT SUSTAINED BY COURT.

Prosecution:  Has the defense any pre-emptory challenge against any member except the law member?

Captain WALSH-  None

Captain BACHE-  None

           Each accused were asked if they objected to any member of the court, remaining, present, to which each replied in the negative.

COURT AND PROSECUTION SWORN:

The members of the court and the personnel of the prosecution then sworn.

ARRAIGNMENT:

           The accused Captain WALSH was then arraigned upon the following charges and specifications.

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, 503rd Parachute Infantry, not to speak to anyone concerning the information contained in Section III.  Confidential Intelligence Summary, dated 1 April 1843:, headquarters United States service of supply, base section 2, office 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, 1943: fail to obey the same.

Specification:    In that Captain Benjamin A. Basche, 503d Parachute Infantry, having received a lawful order from Colonel Kenneth H. Kinsler, Commanding Officer, 503rd Parachute Infantry, not to speak to anyone concerning the information contained in Section III.  Confidential Intelligence Summary, dated 1 April 1843:, headquarters United States service of supply, base section 2, office 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, 1943: fail to obey the same.

SPECIAL PLEAS OR MOTIONS :  None by either accused.

Prosecution:  Captain Walsh, how do you plead:

           To the specification of the charge: �Not Guilty�

           To the Charge: �Not Guilty�

Prosecution:  Captain Bache, how do you plead:

           To the specification of the charge: �Not Guilty�

           To the Charge: �Not Guilty�

Prosecution:  Does the court desire any part of the Manual or other publication read?

Court:  No.

Prosecution:   Does the Defense?

Defense:  They do not.

Prosecution:  The prosecution does not desire to make any opening statement.

Colonel KENNETH H. KINSLER, a witness for the prosecution was sworn and testified as follows:

DIRECT EXAMINATION

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

A.  Kenneth H. Kinlser, Colonel, 503d Parachute Infantry, A.P.O. 704

Q.  Do you know the accused.

A.  I do.

Q.  Please state who they are?

A.  Captain Bache and Captain Walsh.

Q.  Are they in the military service of the United States?

A.  They are.

Q.  What are their ranks and organization?

A.  They are both Captains of the 503d Parachute Infantry.

Q.  What was your duty status on or about April 12, 1943:?

A.  Commanding Officer, 503d Parachute Infantry.

Q.  On or about that date did you have occasion to publish to the Regiment any information of a confidential nature?

A.  I did.

Q.  What was it?

A.   A portion of Intelligence Summary from Base Section 2.

Q.  What is this that I hand you?

A.  It is an extract from Intelligence Summary from Base Section 2.

Q.  What part of the Intelligence Summary you previously referred to did you publish to the Regiment?

A.  That part which pertained to Dr. T.J. Cotter.

Subject to objection by the defense the prosecution desired to offer in evidence an extract copy of confidential Intelligence Summary, dated 1 April 1943:, Hqs. USASOS, Base Section 2, Office of the S-2, Issue # 2, Copy #17.

Q.  Will you please read this to the court?

Dr. Timothy J. Cotter, a witness for the prosecution who was sworn under protest, testified as follows:

DIRECT EXAMINATION

Q.  State your name, occupation and residence?

A.  Timothy J. Cotter, Civilian Medical Practitioner,  Innisfail, Qld.

Q.  Do you know the two accused?

A.  Yes.

Q.  Please state who they are?

A.  Captain Bache and Captain John Walsh.

Q.  Are they in the Military Service of the United States?

A.  Yes.

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

A.  In my house at Innisfail.

Q.  Were the two accused there?

A.  I am not absolutely sure that they were there on that particular date but that they were there a week before or a week after I am sure.

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

A.  I was aware that an order was alleged to have been promulgated at an officers meeting of the 503d Parachute Infantry, substance of which, was that I  was under suspicion for subversive activity.

Q.  Did the two accused participate in this discussion?

A.  Yes.

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

A.  I was very concerned about this matter and did my utmost to obtain as much information as possible from these officers as I previously did from a number of other officers I had met.  Captain Walsh asked me if I had any enemies.  I answered Australians.  He said that if any information of that nature had reached army authorities, it was possible that the authorities were trying to needle me.  I asked Capt. Walsh who would read an order of that nature.  He said Colonel Jones, and he told me that he was responsible for such an action.  I brought up the question, what should be done.  Captain Bache advised me to get in touch with some higher authority of the American Army to see if that matter could be cleared up.  They couldn�t help discussing this matter because they had no other alternative.

CROSS EXAMINATION

Q.  Dr. Cotter at any time did Captain Walsh or Captain Bache disclose the contents  of any military orders?

A.  I couldn�t say that they did.

Q.  Are they the ones who informed you?

A.  Definitely not.

Q.  You had prior knowledge?

A.  Six weeks to two months before then.

Q.  In the course of time we have been here how often did they visit your place?

A.  Captain Walsh went to my house on numerous occasions.  Captain Bache on several occasions.

Q.  What generally was their reaction to their introduction of this matter to you?

A.  We were concerned as good friends and as to how I was feeling and trying to see if they could help me clear the matter up.

Q.  At any time Dr. Cotter, specifically, immediately prior to the time this question was being investigated by Colonel Lawrie were you feeling any ill will towards Captain Walsh and Captain Bache.

(The prosecution objected  on the grounds that the matter was irrelevant and immaterial)

The objection was sustained.

Par. b, page 126 GCM manual requested to be read by Defense Council.

A.  Yes.  (Appended as Exhibit �A�)

Q.  What order if any did you give upon the completion of the reading of this on or about April 12, 1943:?

A.  I said those present would not repeat this even to those present at the meeting, that it was not to be discussed at any time after the meeting at which time the information was given.

Q.  Were either of the accused present at the reading of Exhibit �A� and the issuance of the order you just mentioned?

A.  I noticed the presence of Captain Walsh because I knew he was a good friend of Dr. Cotter, but I didn�t notice the presence of Captain Bache.

CROSS EXAMINATION

Q.  At any time did you put the residence of Mr. Cotter off limits?

A.  I didn�t particularly put the residence of Mr. Cotter off limits at that time because some of the officers had previous appointments but after that they were not to return to the house of Dr. Cotter.

Captain Francis X. Donovan, a witness for the prosecution was sworn and testified as follows:

DIRECT EXAMINATION

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

A.  Francis X. Donovan, Captain, 1st Bn. Hq. Co., 503d Prcht Inf., A.P.O. 704.

Q.  Do you know the accused?

A.  Yes.

Q.  Please state who they are?

A.  Captain Walsh and Captain Bache.

Q.  Are they in the military service of the United States?

A.  Yes. 

Q.  What is their rank and organization?

A.  Captain Bache, Regimental Headquarters Company and Captain Walsh, Hq. Co. 2nd Bn, Medical Detachment.

Q.  What was your duty status on or about April 12, 1943:?

A.  At that time I was Regimental Adjutant.

Q.  What was your duty in connection with the officers school on or about April 12, 1943:?

A.  My duty was to take the report of the units present.

Q.  What did you do in this connection on or about the night of April 12, 1943:?

A.  I took the report as customary.

Q.  What, if anything impressed you that came up at this meeting of the officers school?

A.  Colonel Kinsler read a paper that he had in his possession that Dr. Cotter was under surveillance and that the information would not be discussed by the officers or conveyed to Dr. Cotter.