New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-21
CHARGED WITH COWARDICE
rvo OFFICERS OF THE sEvENTY-FIRsT
NAY BE TRIED
s,rrH AND wHITTLE UNDER MOST sERI.
ous ACCUSATIONS - AUSTIN TO
BE REPRIMANDED.

-hich AZ the direction of the Commander-in-
chief investigated the conduct Of the list
perinent in the Santiago campaign. The re-
,ort Of the court is now In the hands OF the
governor and the'hearng was given at the re-
Guest Of Colonel Alexander s. Bacon of Brook
,vn counsel for certain officers of the regiment
There we're present at the hearing Adjutant-
General Andrews. Colonel s. NJ. Welch. OF Buff
,alo who was a member Of the court; Brigadier-
General George Moore Smith, OF the Fifth Bri-
eade: Major Charles J. Buchanan. OF this city.
who was Judge acknowledgements of the court;
Colonel Bacon and Majors Il. f. Austin. Clin-
90, y Smith and J. II. Whitte, of the list
Regiment.
The hearing disclosed the fact that the Court
~ Inquiry found that Major Smith, who was
,artenant- colonel Of the volunteer regiment;
Cantain Whttle. who was major In tnat com-
mand. and Major Austin. of the staff or Briga-
d,sr-C;eneral Smith. who commanded company
,n the regiment were guilty OF lack or courage
and NJ Incompetency. The hearing which was
,r the form of a general discussion continued
,or nearly three hours. and at its conclusion
,ha Governor announced that, while he had not
made ND his mind definitely what he would DO
u was most likely that he would submit the case
of Major Whttle to a military court to deter
mine his competency and fitness to remain an
officer OF the National Guard: that he was un-
decided what should be, done in the case OF
Colonel Smith, and he would severely reprimand
Captain Austin in general order
REPORT NOT GIVEN OUT.
When the hearing opened Colonel Bacon, who
noted as counsel for these three officers stated
that it was unfair for the hearing to continue
unless his clients had been served with a copy
of the findings of the court. The Governor
said he could not furnish the desired document
and vould not make it's contents known until he
had reached decision as 10 what he should do.
Is II fair" said Colonel Bacon. ITO summon
these men before you for a hearing when they
don't know what has been found against them"
They have been charged" returned the Gov
ernor. with conduct which, on it's face. seems
70 render them unfit to hold commissions in the
United States Army and the National Guard.
Under those circumstances your decision
seems TO have been already made up" replied
Colonel Bacon. why then are we asked to
come here?"
This hearing" replied the Governor, "is given
at your request. It is out OF the usual proceed
ure 1t is given because of the peculiar circum-
stances surrounding the conduct Of the officers
against whom charges have been made. 1t Is
my purpose TO reach a just conclusion. and
am giving the fullest opportunity to you TO ex-
nIajn the conduct of the officers. In your brief
YOU make a series OF charges against every
one connected with the Court of Inquiry. and
many of the United States officers who were
connected with the campaign at Santiago.
we accuse certain people in the major gen
erals office ] can prove what stated in my
brief If have an opportunity to do So" said
Colonel Bacon.
You shall have ample opportunity" retoined
the Governor "if you desire it,"
Colonel Bacon then said that Colonel Smith
and Major Whittle had asked for the Court OF
Inquiry to be appointed because charges of COW
ardice had been made against officers OF the
regiment II anything had been found by the
Court Of Inquiry which reflected on them or any
other officers of the regiment. he desired to
know IT was
SUBSTANCE OF THE FINDINGS.
The Governor said in substance that the court
had found that Lieutenant Colonel Smith and
Major Whittle had shown cowardice and in
efficiency on July l. when the regiment had been
ordered into battle, and should be ordered before
a court-martial or court of inquiry to be ex-
smined as to their fitness to remain officers OF
the National Guard. and that in relation to
Captain Austin It had found that he had ex-
hibted incompetency in failing to communicate
AT once to Colonel Downs commander Of the
regiment, a verbal order from General Kent,
VINO commanded the division. TO take the list
Regiment 10 the front.
The hearing then took formal turn. Major
Buchanan. who acted as judge-advocate of the
Court Of Inquiry. addressed the Governor, stat
ing that the allegations which had been made
that favortism and prejudice had Influenced the
court without the slightest foundation.
They were ridiculous. The findings Of the court
had been solely upon the testimony presented.
The testimony of Colonel Downs showed that
General Kent had ordered him TO enter the trail
through which that regiment afterward passed
and move forward until his right rested on the
San Juan River. and then deploy toward the
enemy. That meant that he should cross the
river and carry on operations In the open be-
fore San Juan HILL Instead Of that he had
halted his command on this side of the river in
protected seclusion, had permitted it to become
disntegrated. and he and other officers had re-
nained behind when the regiment in detached
order had moved forward to San Juan Hill.
Testimony was given before the court which
showed that Colonel Downs and other officers
had made no effort to ascertain whether they
were to remain in that position or to go for
ward in action. great deal Of testimony has
been given which showed that. notwithstand-
ing the fact that the list Regiment was needed
at the front and had been ordered there. II
remained idle throughout the day and was the
object Of ridicule from the men Of other organi-
cations who passed 1t on the way TO the front.
One General swore that the men entreated him
as he passed with: 1--WE want TO go forward.
but our officers will not go with US What shall
we do?" The General said he told them to go
anyway and leave their officers behind
THE DAYS EXPLOITS.
Major Wnittle had declared that he heard OF
General Kent's orders to- Downs to move for
ward. The Major had also admitted that he