New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-21
CHARGED WITH COWARDICE
continued from nrst page.
the rear in search Of property OF the

regiment -,
-xor,lv after the regiment entered the trail he
as approached by General Kent. who asked
90, whv the command had not moved forward.
"a who had given an order stationing them
:, ,he side Of the road. He replied that his
commander had. Austin. according to his own
testimony. said Kent had told him to have the
.onnany move to the front. Austin replied
chat he would be pleased to send any order TO
h,s commander. but that ne could do nothing
NTH his company until ordered by his regi-
rrental commander. Austin had made no at
tempt to communicate General Kent's order to
colonel Downs. and in that he was guilty of
neglect Of duty.
Major Buchanan finished his argument by
stating that nothing could be done to punish
Colonel Downs. because he had resigned from
the Guard before the inquiry was instituted.
Smith and Whittle he said should be brought
before a court-martial. and Austin should be
punished for not obeying General Kents order
TO take his company into battle
COLONEL BACON's PLEA
Colonel Bacon contended. first. that the order
from General Kent to Colonel Downs given at
10 o'clock on the morning of July l. to move
along the trail, meant that his column should
rest when It's head had reached the stream, and
that he did not receive any order to cross. He
contended that the position which Downs oc-
cupied was most dangerous, because more bull
let's reached there than any other place.
The Governor disputed this saying that the
two Regular Army regiments which went for
ward after the list, crossed the river and en-
gagged in the fighting beyond, and lost many
more men than had the list
Colonel Bacon. continuing his argument, said
he did not see why the list Regiment and its
officers should be tried for not showing the
hon fhnxv nd fra
me first time. The whole trouble Of the cam
naign was not with the fighting men Of the
Army but with the old fossils at the top. His
tory recorded that the greatest soldiers OF the
world ninched the first time they were under fire;
even Frederick the Great ran from the enemy In
his first battle. The list Regiment would have
gone over the river II it had been ordered to do
so II was composed of brave men. ready to do
their duty and the very fact that II was the
Arst regiment that entered the trail through the
Jungle place where American had probably
never before trodden. and had been shot at
BY sharpshooters who seemed part or the Tor
est showed more bravery than II charge had
been made against an open enemy. 1t was easy
10 drive the Spaniards from a position In COM
parison with the experience OF being shot at by
unseen foes. Lieutenant Colonel Smith should
not be held responsible for any omission TO take
the regiment into action. He certainly was not
Its commander The other officers did what they
considered TO be their duty.
The Governor questioned In turn the three
officers Captain Austin was asked TO explain
the General Kent incident He said he had no
intention Of conveying the inference, which his
testimony seemed to imply, that an order had
been given him by General Kent for delivery 10
Colonel Downs to move the regiment to the
front He said he did not at the time know II
was General Kent, and ne thought that the Cen
erals statements related TO moving the regi-
ment further UP the trail AS the regiment
moved forward shortly afterward. he had neg
lected to say anything to Colonel Downs.
The Governor said his statement explained TO
IL ,af a1t hot ha W a q
at least open to censure for not having told
Colonel Downs what General Kent had said
Major Whittle was next examined. He, admit
ted to the Governor that his battalion became
disorganized: that when he was ordered to take
It forward he had only one company, and that
he did not accompany it. He also admitted
that he had received the order TO take his bat
talon forward from General Kent. and that he
had not obeyed because he would not do so un-
less ordered by his regimental commander.
WHITTLE DENOUNCED.
Major whittle." said the Governor. '1f you
did not obey the order Of your division COM
mander, you are unfit to be even a second lieu
tenant in the National Guard. I can hardly be-
reve the confession you have just made"
Lieutenant Colonel Smith was next placed
under inquiry. He asserted that he had no real
duties in the regiment. except to perform such
special service as the colonel directed The for
the Regular Army regiments In the latter the
Northumberland commanded battalion,
whereas in the volunteer regiments from this
State the three battalions were commanded
each by a major He remained with Colonel
Downs throughout the day, did what he was told
TO do. and felt that he had performed his full
duty He did not think there had been any
order which would have warranted him In TAX
ing the command into action.
To this the Governor replied that there were
more than three times enough orders TO warrant
q movement of the regiment to the front II the
colonel and Northumberland had wished TO
take II into action.
Raising his right hand in the air. Colonel
Smith said: LAS God is my judge am con-
scious only Of having done my duty in CUBA or
! would have resigned my commission when l
returned 10 New-York when ] was asked TO.
Continuing he said he had remained all day
'fn the firing zone. and If the regiment had been
ordered TO do so by Colonel Downs he would
have gone into action with IT,
The Governor said II was common talk among
the other organizations which composed Cen
eral Skaters army that the list Regiment was
in a demoralzed condition during the battle
Two days after the battle two of the under off,
OF the list came to him and said they felt
Inundated at the conduct OF the higher onlcers
and that they felt that the reputation or the
regiment had been sacrificed by cowardce and
incompetency
The Governor told the men present that he
had not fully decided as 10 now ne Woulo dispose
of the cases, but he was Of the opinion that he
would make the conduct of Major Whittle the
subject of an investigation by a military court
10 determine his competency to continue as an
officer in the National Guard. He was unde-
cided as TO the responsibility Of Lieutenant
Colonel Smith. in view Of the peculiar position
which lieutenant-colo occupies In a valun-
teer organization. At the least. he believed his
conduct such to warrant investigation.
He thought a public reprimand SUFFICIENT
punishment for the omission Of Captain Austin.
These statements. however, must not be taken
as his final decision.
PRAISE FOR THE REGIMENT.
The hearing was concluded with the following
statement by the Governor:
II am glad TO feel that the showing OF the en-
listed men and company officers OF the list