New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-08

Of Colonel Smith It was actually urged
by his counsel that the men had behaved badly be-
cause they had gone forward to take part In the
night the Interest when the senior field on1cera
in spite Of the repeated commands which the men
must all have heard, passed up the line. from or
on behalf Of General Kent, had refused 20 lead
them. Colonel Downs had failed TO take MS men
through the trail and deploy them at the foro:
he failed to take his regiment forward when or.
trail from officer to officer; he failed to lead them
forward when the regular infantry regiments
the fight; he failed even TO accompany his men or
TO follow them. save at distance when they
panies by themselves He has since resigned;
Major whttles case Is almos; as clear He vas
TALON when il forward into the battle but
sa 9e9sd m posve direction nd at 70 come
the front he retired to the rear and stsie there
mel Downs. He also has now resigned.
SMITH IGNoBLY INACTIVE.
The case OF LieutenantrColonei Smith is not %
sharply cut yet think In his case also his neglect
Of duty is clearly established. His defence h that
as lieutena he had nothing whatever TO DO
20 long as the colonel unwounded and was
present He also states that he did not hear the
orders sent up the line 10 Colonel Downs TO move
his regiment forward, but this is absolutely mpcs-
sible II he was exercising proper vigilance ana
alertness. These orders were passed up rom on,
command knew his duty az All ana was eAsress.ns
very moderate amount OF vigilance, IL was no~n
tbst these orders were issued and that his colonel
was showing fnrx sns sr these orders had been
issued and disregarded came the marcn OF the reg
S sht Fs asd shen Re Forward
itself in companies and battaions yet tnrougnout
ali this time Lieutenant-Colonel Smith stayed as
ignoby inactive as his chief, making no enor. 70
get forward into the fight or 70 lead any por,so,n
OF the where they might regain Tor the reg.
ment the reputation which their superior omcers
were fast losing not saf ether 2. IN the youn
teer army or in the National Guard
AUsTINs REPRIMAND.
The case of Captain Austin is more puzzling HIS
own statements before the Court OF Inquiry would
seem 10 condemn him beyond redemption as nav
ing actually refused 10 move forward al 1enerh
Ken,'s order and having failed to take 70 his own
commander General Kent's direction that the resi-
ment should go forward But II appears that SSap-
tain Austin was not as grossly derelet IN ms ogsy
as his words would seem 10 imply, ana tnat re "hs
largely influenced by the fact that al the ,ime "
o, fsI like holding TO the severest accountability
subordinate officer when ne three hsnsst
and shall merely recommend that Captain Austin
be severely reprtmanded -. - o-,o-vr
ing the stern and painful duty OF showing IN its
proper light the conduct OF the three senior oi,cers
une pleasure to turn 10 the conduct OF the puI.
OF the other officers and Of the enlisted men ocs
and OF the enlisted men should not have SHOWN 10 20
sdyantass Was as they moved forward in spite os
the detection OF their proper leaders sno s'VS Sa
summt' shows that the list New York was COM
nosad ~ men worthy OF the ancient renown OF the
regiment OF the State and Of the country men
Mo wanted only proper leadership TO prove 'hem-
selves equal 10 The highest demands that could pe
made upon their courage, their paefio"s" s"~
their sense OF soldlerly duty.
BOUNCING BOARD MEMBERS.
Avery D. Andrews Adjutant- General. winds
this important document UP by saying
The proceedings. finding and recommendatons
n, the Court OF Inquiry are hereby approved
TTha Qualification OF this order II deemed sur
acient reprimand TO Captain Eimore r AusIn
cantain John II. white list Regiment, having re-
sisned his commission in the National Guard since
the recept OF the report OF the Court OF inquiry no
surther action will be taken In his case
TIE commsnder-n- chief believes that the gooo OF
,hs serIice demands that Major Clinton H. Smith.
zist Regiment y O.. " Y. should pursuant 20 the
nrovislons OF Section 81 OF the Military CODE %
ordered before a Board OF Examiners 10 examine
into his moral character. capacity ana general Mt
ness for service In the National Guard as conn
missoned officer. a. s..A-
appointed for that purpose: 49,. $500
'Prieadier-C;eneral Peter c. Doyle, ith Brigade.
Brjgadier-Genera Robert Shaw Oliver. 80 Breao~
Colonel Robert T. Emmett. LIST Regiment.
Major Martin Carey. Judge Advocate ftn bnsanss
e hereby appointed recorder OF the Board. - ..
The Board will meet at headquarters OF the 81
Rr,gade Albany, " Y. Thursday, Aay u, az -
o'clock noon. at which time Major Clinton H. smitn
will report TO the Board for examination.