New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-23
MAJOR W'HIT7TE MA Y RESIGN.
REPORT THAT HE WILL FOLLOW THE
EXAMPLE OF COLONEL DOWNS
THE FRIENDS OF LIEUTENANT COLONEL SMITH
AND MAJOR AUSTIN. OF THE SEVENTY
FIRST THINK THEY HAVE GOOD CASES.

THE FRIENDS OF LIECTENANT-COLONEb sMiih
AND MAJOR AUSTIN. OF THE SEVENTY
FIRST THINK THEY HAVE GOOD CASES.
The proceedings of the Court of Inquiry which
was convened by Governor Roosevelt TO investigate
the conduct of the list Regiment were guarded with
extreme and little or nothing Of the testimony
was given to the public. 1t was well known That
the who made the charges which caused Lieu
tenant-Colonel Smith and Major White to ask
for al investigation would do all In their power to
make good their damaging accusations. AS no re-
Elections hah been cast on the regiment as whole
in the controversy which followed the original
charges. 1t fair TO suppose that the list Reg-
ment would go through the ordeal OF investigation
without injury.
The report has been In Governor Roosevelts
hands for several weeks. and in order TO be fair
toward the officers whose conduct is criticised by
the Court Of Inquiry the Governor held hearing
on Thursday, when the public had its first peep
into the document which prepared by the
court. The hearing lasted several hours. and Lieu
tenant-Cofbnei Smith and Major Whittle were al
lowed 10 give their side of the story and TO plead
their through counsel. 1t is believed that the
case of Lieutenant Colonel Smith was benefited by
the hearing. He told in straightforward way
that he had no command on the day of the battle
of San Juan Ill., and that he remained where he
was because his superior officer had ordered him
to remain there. The regiment had three majors
who each commanded battalion. and Colonel
Smith had no function beyond remaining with the
Colonel and receiving from him such instructions
as he might wish to give. This Colonel Smith did.
according to his testimony before Governor Roose-
welt. He declared solemnly that he conscious
OF no neglect Of duty. and he challenged the judge
advocate Of the court to point out an incident
which could be construed Sinking duty. He
appealed to Governor Roosevelt 1t has been said.
and asked
IF the Northumberland Of your regiment had
gone away from the position which you had ordered
him to occupy. and had led the regiment forward
without your orders. what would you have done?
Il would have had his scalp before night an
swered the soldier Governor and the accused lieu
Colonel Smith said that il he had felt guilty. IL
he had had any idea that careful investigation
he would nave resigned When the list Regiment
returned. but he courted inquiry. and II the report
aiming board he would face it.
resignation will probably stop further inquiry;
The report published exclusively in The Trb.
Gn A sh snsa N6o wa captain b the
list Regiment. would also be included In the list OF
report unfsvorably was verified at the hearing, and
the statement that he YOU'D be reprimaaaded Tor
received with mingled surprise and indignation by
the officers friends. I'm all the testimony which
was brought out said an officer and friend CT
on his conduct. No one believed for moment that
he under q cloud. and he went on the stand
to tell what he knew of the position and action OF
the regiment In the course OF ms testimony ne sa re
him and General Kent. and the strength of the
mans own testimony Major Buchanan tries now
to make out against worthy officer: go
Major Austin, like Lieutenant-ColOnel Smith, Will
not resign.
The publication of the proceedings Of the hearing
before Governor Roosevelt gave many people the
false impression that charges had been preferred
against the officers. No charges have been pre-
ferred and none will be, no matter what the tesi-
| mony NAV show. IL the Governor approve the
report Of the Court of Inquiry an examining board
viii be appointed which according to the code code
five general or field officers. This Board-known IN
military circles as bouncing board'-has right
to send for persons and papers. and the officers
summoned before 1t may appear by counsel as they
would before court-martial IL this Board mas
an officer unfit or unworthy. the officer Is dis
charged from the service. Before Lieutenant Colo
mel Smith Major Whittle or Major Austin can be
dropped he will have right 10 tell his story
before bouncing board" Smith and Austin may
be heard from in that direction but unless reports
on that score are false, Major White will follow
the example of Colonel Downs and place himself
heyond the danger line by resigning.