New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-08
policy to be pursued with reference TO the list
Regiment ~ g.. N. Y.
JUDGE ADVOCATES REPORT.

General Orders No. then gives the report
OF the Judge Advocate, William w. Ladd. IT,,
on the Courts findings. He says. In part:
While there is no entire uniformity in the tes-
tmony OF the witnesses as 20 the terms OF the or
Ssr given BY Ken, e Down from wasn
main road into the trail. st the great preponder-
fact as found by the Court. that the order as un-
derstood by Captain White and Major Smith, was
@ i reached ne the
there "depoy."
Captain whitte and Major Smith each admits
that he was present and heard General Kent give
this order 70 Colonel Downs
Captain white had command OF the LIST Bat,
talon. He moved IT into the trail and proceeded
until short distance from the ford. when he
order for the deployment of the battalion II Is
undisputed that the regiment instead OF proceeding
through the trail 10 the ford and deploytng, matted
In the trail and remained there for considerable
time. at least several hours, during which FIVE regi;
their way to the front. The fact Is also fully
established that when later in the day the ,lst
Whttle did not accompany his battalion, although
formed Pn that il was proceedng TO the front under
orders. He continued to remain In the traii ana
l. when It had reached the top OF San Juan Hill.
DAMAGING TESTIMONY.
Major Smiths own testimony is that he was
standing at the head OF the regiment when General
Kent gave the order TO Colonel Downs TO take II
into the trail Q3). that he remained at the junction
OF the trail and road until after the I'd and Sd
battaons had entered: that he was with the 90
Battalion IAN hour or two" OS and then went TO
the I'd Battalion for maybe an hour or two Qs);
that the Colonel sent for him and told him that he
had no orders except TO keep in touch with him
(2M: that he remained in the trail until about I
o'clock In the evening. when he started BACK 70
find some property and rations bs) These ne ioun S
~. That night he was taken III and remained IN
ba rpftfr nod n he res
The testimony OF Adjutant Abeel IL that Coion n
Downs ana ne b aETsT 'ne out OF the
rail and left Colonel Downs himself ana y MAJOR
s Sas po ID BY Se th ra codne qo
It is testified 70 by Captain Go,dsoorousn ,SSs S
Lieutenant pai et Mcleod (74~snd the evidence esab
fishes the fact-that while the regiment was IN me
srant t a move the regiment forward as far pos
slble and that the reply came back, purporsins 70
nov 20 any further forward and that Immediately
after this the regular troops began to pass through
the trail
SAFE BEHIND BLANKETS.
Captain Meeks testified that while the regular
troops were passing one officer said TO the colonel:
"Ar'n't there any God-damn officers In this place
whc-can take this regiment outT (6ls He also les
titled 10 seeing Major Smith lying down behind
nile OF blankets for considerable space OF time
The testimony Of Captain Austin. now engineer
OF the Fifth Brigade 10 that he was standing by
a
was staying in the trail Q.l45. LAD He says that
Major Smith told him that he wanted 10 go 70 the
front and that he went back and saw the Colonel
and returned and said NO, cannot go. have
got TO stay with Colonel Downs" Ql4s. The wit.
ness states that he heard General Kent say, If
this regiment cannot go 10 the front, will send
a regiment that can" Q,l5D
in the trail regular officer came back and urged
the men TO 20 up the hill G549. He said What the
hell are you men sticking upon here? We want YOU
to take this hill; We need you, every man OF you.
II you are afraid TO give us your ammunition,
we need that" Q55O) and he replied that he would
be glad to go II any one would show the way. and
some OF the men did go forward G,5O. l.552 and he
went back later and in the trail was stopped by
Captain White. who asked him where the regi-
ment Q55s).