Navy to study conviction in McVay court-martial (12-20-45)

The Pittsburgh Press (December 20, 1945)

Navy to study conviction in court-martial

McVay found guilty on one of two counts

WASHINGTON (UP) – The Navy court which found Capt. Charles B. McVay III guilty of negligence in the loss of the cruiser USS Indianapolis today sends its records and recommended sentence to the Navy Department for review.

Adm. O. S. Colclough, Navy judge advocate general, will study the 170,000-word record of the proceedings to determine their legality. The court’s sentence, which was not made public, will be reviewed later by the Bureau of Personnel.

Capt. McVay was tried on two charges growing out of the sinking of the Indianapolis in the Philippine Sea last July 30 with ultimate loss of 880 men. They were (1) negligence in not ordering the ship on a zigzag course in waters where Japanese subs may have been lurking and (2) failure to issue “timely” abandon ship orders after the vessel was torpedoed.

No formal announcement

The court cleared Capt. McVay of the second charge, holding it was “not proved” that he did not issue adequate orders to abandon ship.

It did not make a formal announcement on the charge of negligence. Under naval court procedure, however, failure to announce the decision on the charge meant it found Capt. McVay guilty. No Navy court can announce a guilty verdict without Navy Department review.

Capt. McVay’s sentence could range from a mere letter of censure to death, although the latter is considered unlikely. He could be reduced in grade, imprisoned, dismissed from the naval service or set back on the Navy’s promotion list.

Lasted 2½ weeks

Should the sentence be dismissal or death, the case would have to be reviewed by the president. The announcement

During the trial, which lasted 2½ weeks, the court heard testimony of more than 50 witnesses. They included Cmdr. Iko Hashimoto, commander of the Jap submarine which sank the Indianapolis.