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

him that he would debouch across the river about
where he would be wanted with his brigade so Gen
ment to the lower ford and cross II and join his
him also that that would deliver him at the lower
ford where he wanted him TO cross and retoin his
II am informed that 1T will place you about where
fhdiBBR it ~A T. the brigade commander e'0rd Tx
; ORDERS NOT CARRIED OUT.
After receiving this order, Colonel Downs proceed
ed into the trail with the 1s Battalion Of his regi-
ment, leaving Lieutenant-Colonel Smith standing at
the forks with orders 10 direct the I'd and 90
Battalions into the TRAIL they having been separated
from the regiment short distance back In the roac
The regiment marched into the trail until the right
! reached point near the ford, where 1t halted and
the officers and enlisted men lay down and sought
At this time Colonel Downs gave no order
TO the regiment or any portion thereof the
ford or to go TO the front and he never at any time
made any effort to carry out the orders OF General
emy's fire about half mile before reaching the
! trail. This fire continued after 1t entered, and
wounded the Court has no proof as to the exact
number having been unable 10 obtain II. While the
scattered along trail-that is say. either in
the trail or on the side Of the trai.hve regimen5s
United States Infantry passed through the trail and
or between s the w 5odes Of hs Sase
regiments Of Regulars were passing through me
officers and privates OF the list Regiment. Joined
various bodies Of Regulars and assisted in making
pages 81 292 1905, l723 l732-Si. l74l-2 l7O 1890
trail. General Kent asked Captain Emo-e +. Aus
IN commanding the "a Company OF me "a bd AZ
down" ard after some further conversation, Gen
era Kent then asked Captain Austin II Major
Keck had given this order to him personally. Cap
tain Austin answered. NO. sir. he gave II to me
III foTt can't get T this regiment 70 60 forward viii
Tin n
Captain Austin told General Kent that ne would
oficer and that he would so wherever his com
handing officer ordered him. Record pages 1,153-4.
or this CONDENSATION TO Major Keck or TO Colonel
Downs. did not take his company forward or 90
ONE OFFICER CRAwLED OUT
First Lieutenant and AdJutsnt Edward f. Koch
Ter OF the 9th United States Infantry who was
acting on the first day OF July staff officer OF
the Third Brigade. rode up the trail, pursuant to
orders from General Kent who ordered Lieutenant
Koehler in going back through the trail. TO do
what he could to get the list Regiment out in the
road and order them the front. and to give them
his order as division commander for the regiment
to come out Of the bushes and move TO the front
at once. (Record. page 1920 Lieutenant koehler
rode up the trail and found the men Of the list
Regiment lying down. He called out and asked for
an officer OF the list. and said that he had just
, come from the division commander and had orders
for the list TO come out OF the bushes and move
forward at once. and stop firing Lieutenant
Koehler stopped about five times going up the
He saw but one officer. whom he met
coming out OF the bushes partially on his knees
the road where Lieutenant Koehler was, but said
that he was officer Lieutenant or hoeher ond
that IL was the order OF General Kent to come out
81 me Koebler told the officer to go to his
commanding officer and deliver that order. yHe &c
! 7lst Regiment who were seen by Lieutenant Koch
Ter lying along In the rSad Tho I b6 was son mo
Of them were out with their heads; some Of them
in the underbrush and their legs in the trail. SO
that he rode along he had to call TO tnem 70
move out OF the way or ride over them 'KecSSrtu:
was not obeyed This order was given by Lieu
tenant Koehler about noon on the hTst DAY OF Juy;
but It was not obeyed by the isl regiment VI ~
any part thereof
OFFICERS DEAF TO APPEALS
! General Emerson II. Liscum Northumberland OF
the Path United States Infantry, who succeeded Gen
eral William s. Worth in the command OF the Third
| Brigade on July /. was subsequently wounded ana
assisted to the After having been wounded ne
| crossed the lower ford OF the San Juan River and
went through the trail where the list New-fork
was lying. On his way through the trail General
IAscum saw a field officer OF the list New-fork
| standing leaning his sword with his head drop
| ming forward General Liscum addressed him and
said 10 him that he should go to the front with his
men, that they were very much needed at the front
The officer made reply whatever 70 this request
Then General Lscum saw on the other side OF the
trail a cluster OF five more officers belong
ing to the regiment and he addressed himself 10 this
cluster in almost the idental language ne had used
10 the field officer (Record. pages 220D, telling them
that that they We're needed there very much The Of
cers made no reply good many Oh the bn men v OF
| on their feet and approached General Liscum and
! in beseeching manner held out their hands as II
they We're going to come to him and take hold OF
him. and they said to him, We want TO- go TO the
pases SaH 9 General scum looked at the fed
| officer on his right and looked at the group OF
! listed men: Men. cannot understand any such
condition OF affairs as you tell me Of II you are
front without, your officers II they won't go with
you" (Record pages 2,2iO-222
DOWNS REFUSED TO ADVANCE.
After the entire regiment had entered. and before
any OF the Regular regiments had passed through
/ the trail an order was passed from the OF the
| column 10 Colonel Downs directing him TO move
his regiment forward. The reply was returned.
| purportng TO come from Colonel Downs 10 the
effect that he could take his regiment no further
| After such reply was received at the rear OF the
! column such order repeated and passed up
the column and substantially the same reply re-
| turned to wit that Colonel Downs could take MS
regiment further The Court 1dS that TINS ms
list Regiment out OF s, a an sdes anr ~
in ne cenfo ri with the order given by General
| Kent TO Colonel Downs previous 70 the entry OF
me me nbaVe order was given by General Kent IN
nc comS s hat a sndh oTder
D ~ nv TYecnivnd BY Colonel Downs, but was not
/ "beved hy him. (Record. pages 6S-s, ia az-S
r57e so1 . 64-5 1857, 1878, 1924 lSsi-6 ZOf-S'
| 23Ji-5, 1920 49, r,o,,,oro q, >, C,olonel
Colonel Wallace A. Downs did
not cross the ford and proceed to the crest OF san
| 2Regiroent mentioned in Finding No 5. Colonel
Wallace A. Downs reached the top OF san Juan t
ITiIl obo,i; O'Clock In the evening or July nav
| ing been ordered 10 report there by General ).
Ford Kent Lieutenant Colonel Smith, at about the
81 iork In
/ Downs and received from him permission 10 go 10
| the rear 10 look after some property He went 10
! rotnt on the main road between Slboney and
Santiago. about two miles from San Juan Hi; and
renoared al such place under the plea OF illness,
~ OF LIIlN & when he