New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-05-08
COWARDS FOR OFFICERS.
REPORT OF COURTS FINDINGS IN SEW
ENTY-FIRsT REGIMENT INQUIRY.
GOVERNOR ROOSEVELT REVIEWS THE
SHAMEFUL EVIDENCE AND is NOT
sPARING IN CAUsTIC COMMENTS
UPON THE DELINQUENTs.


UPON THE DELINQUENTs.
At last the public has the complete story OF
the shameful evidence produced against certain
officers OF the list New-York Volunteers re-
garding their cowardly conduct during the bat
tie Of San Juan. The whole ng-deferred mar
rative Is contained in General Orders No L. IS
sued yesterday by Adjutant- General Avery D.
Andrews Readers Of The Tribune are already
familiar with the general features of the case
and with the designations Of Colonel Downs
and Major Whitte. the reprimand OF Captain
Austin, and the appointment Of a bouncing
Board" to deal with Major Smith: but the fuli
details of the investigation have never before
been available.
THE FEARLESS COURT.
General Orders No begins by saying that
at the request of Major Clinton II. Smith ana
Captain John II. Whittle, n court OF inquiry
was convened in New-York December 10. lo9o'
consisting Of the following officers:
Colonel Samuel NJ. Wech, jr., 65th Regiment.
Colonel Franklin Bartlett 22d Regiment
Colonel James II. Lloyd. I'd Regiment.
Major Charles J. Buchanan, Judge-Advocate
Third Brigade. Judge-Advocate.
The court was directed to make full invesu-
CATION as to the truth OF certain statements
made in the public press in regard to MAJOR
Smith and Captain Whttle, and Of their geherai
conduct while In the service of the United states
during the Cuban campaign. and WIS directed
to express its opinion upon the evidence ad-
duced and to report what further action, II any
in its opinion, should be necessary.
BY direction of the Commander-n- Chief. the
scope of inquiry by the court was extended so as
to include complete inquiry in regard to the
conduct Of the list Regiment, NewYork Voun-
teers, during the Cuban campaign.
FINDINGS OF FACT
It then sets forth the charges made by Cap
tans Meeks and Bleecker. which were pubilsheo
in all the newspapers at the time, and next gives
the findings Of fact by the court, after hearing
the evidence. Among these findings are:
At the junction of the. main road and the nrd trai
Colonel Downs met Brigadier-G Genera ., on and
Kent who commanded the First DIVISION anu
claims that General Kent then and there orderen nI
him to take MS regiment drd n t @g and there
deplOy. ecord. page ll5l Major Wniie HsaFe coo
mel rMi' Downs ordered company B. the leading COM
pany of the st Battaion to form an IN aSYan Whe
moved into the trail with the remaining com,
panies OF his battalion and after passing Col0he'
CRecord, page 1,2SsJ The 1st Battalion advanced
along the trail until within short distance Oh @ Ine
for the deployment of the battalion. and the order
given by General Kent was not obeyed by him
Colonel Downs proceeded into the trail with The M
battalion in Major Whitte seated himself on the
LEFT side Of the trail Record' pages 2s 22l' 223
talon after entering the trail and gave II no atten-
and and after Major White had located himself as
above found, Colonel Downs sent him an or't>r by
him ewhttie to take his Battalion into action at
once. Such order was delivered 10 Major Whttle
such order Major white " disobeyed % the order
and did not take his battalion into action or
Downs. (Record. pages 2o5. $780, 3sl. @5)
WHITTLE KEPT OUT OF RANGE
Immediately prior to the time the aforesaid or
der was given by Colonel Downs to Major Whittle
through the medium of Lieutenant Masln. Cap
tain Anthony j. Bleecker OF Company c. had been
ordered by Colonel Downs TO take his command
into action. In the execution OF said order he
marched his company past the point where Major
Whittle seated above stated. Major
Whittle inquired of Captain Beecker; Captain
Bleecker, where are you going with your com
the front" Major Whttle then asked by whose
o@rders? And Captain Bleeeker replied; by
said Major Whittle do you know that this is
the last company OF your battalion to go to the
RecOrd. pages 22l. 2zs} The entire Isl Battalion,
with the exception Of Company G. which de-
tanned in the trail by order of Colonel Downs,
and some stragglers moved out of the trail some
Colonel Downs. and took position San Juan
bnny m unsr paHs Of GsP"S d6r IF S
not retoin his battalion until after dark on the
SGnPs Juan of Hill lily asT 3 ISL mP0f0n M
After Major Whittle entered the trail he saw at
fantry pass through the trail on their way to the
front; he saw portion OF his battalion pass him
that all of his battalion. with the exception Of
ford and moved toward San Juan Hill Record,
shortly after.
he entered the trail he became aware that battle
follow his Battalion into action, and did not seek
to take part In said battle; and after entering said
trail he in all respects failed and neglected to do
and perform his duties as commanding officer OF
his said battalion.
SMITH SOUGHT THE REAR.
On the morning Of July Lieutenant-C Colonel
Smith knew that General Kent had ordered Colonel
Downs to take the regiment up the trail until its
right reached the ford Of the stream and there
deploy and Northumberland Smith in
structed to a show two
rear battalions where TO go, which he did page
1S), entering the trail with the third battalion
Necord pages 49, Il and l5) After entering the
trail Colonel Smith remained therein until about 7
o'clock In the evening, when he went to the rear
to ascertain the whereabouts of { -tain property
the entire regiment with the exception OF Colonel
Downs Major Whitte and certain other officers
and Company c. having previously crossed the
travelled to the rear until ne reached point two
miles from San Juan Hill. where he found the
chaplain, quartermaster and n number OF enlisted
men. Caecord. pages A-23) He remained at this
point IN the rear under the plea OF illness. all the
following day, July 2 and until carly In the
ing of July 3, when he finally assembled San Juan
Hin and rejoned his regiment. Fecord. pages q;
% g. 30, 81 3, and 3S) From the time Colonel
Smith entered the tra!l the morning OF July
until he left It ne made no effort TO ascertain
whether the services OF the regiment required
at the front or the firing line: made effort
to go into action with the regiment. although he
was aware that a battle was in progress and ne
knew from personal observation that least three
regiments OF Regular infantry had passed through
(ReCOrd
pages l to 1) Although second In command OF
the regiment. which numbered about one thousand
men he made no appllca ton to his commanding
officer any time on July TO go to the front or
participate in the battle then pending, but instead
made application to 90 TO the In search OF
property and rations.
WHAT THE OTHERS DID,
Then follows the Courts recommendation that
cnaith and NNhlttle he nrdared hnfnre n exnmln-