Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-08-20
MACART THU RS VIEWS
THE GENERALS ENDORSEMENT IN
THE CASE OF COL. PETIT.
Findings Disapproved - CareIexSncss
and Negligence Shown-Accus-
eel aSertored to Duty.

eel asertored To Duty.
Because of the prominence of the officer
| involved and the unusual character of the
/ charge against him. there has been con-
siderable gossip in military circles over the
case of Col. James S. Petit. commanding
| the 31st Volunteer Infantry, fun details of
/ which have just reached the War Depart
ment. The Slst Volunteers is known as the
Presidents regiment from the fact that it
was recruited from his former constitu-
ents in Ohio, and from the further fact
| that the President personally selected all
4 OF its principal officers. Among the nuu-
! Der was Lieut.. Col. Webb c. Hayes son OF
| ex-President Hayes
Colonel Petit was tried at Manila i'm June
| last by a court-martial. of which Gen Rob
! ert H. Hail was president and Mai. w A.
| Holbrook. 3Sth Volunteer Infantry, was
! judge advocate. The charge against him
! was conduct to the prejudice of good or
| der and military discipline, in violation OF
| the e2d Article of War In that he, a cap
tain. lst Infantry. being in command of
the district of Mindanao and Jolo, F. L.
with headquarters at ZambOanga, Mnda-
mao and having I'm his custody and under
his protection in the guard house at Fam
boanga Mndanao, as prisoner one Juan
Ramos, native and reputed insurgent he
the said Colonel Petit. did. in deliberate
disregard of the protection due the endan-
gered life of said prisoner. of which danger
the said Colonel Petit had information and
knowledge, permit, cause and direct the
said prisoner Ramos to be turned over to
one Isidoro Midel, presidente of Zamboan-
ga, Mindanao IA civil officer under the i'm
mediate control of the said Colonel Pettit)
and passed beyond the outposts of United
States troops. where he. the said Ramos
being a defenseess prisoner, tied and
bound was shot and murdered by the said
Midei and party. This at Zamboanga Min
danao. +. L., on or about the 18th day of
December. 1899.
Gen. MacArthur's Indor~ement
The accused pleaded not guilty to the
charge and the specification and the court
acquitted him of both. The record of the
court, having been submitted to Mai Gen
Macarthur, was Endorsed by him as fol-
lows:
In the foregoing case of Col James s.
Petit, 3lst Infantry, t. s. v. the findings
of the court cannot, in the form in which
they are expressed, be approved
The admissions made by the accused in
his letter of February /. 1900, which letter
was received in evidence without objection
established the fact that the prisoner. Juan
Ramos. was on or about December -, 1889
captured by Isidoro Midel, then presdente
of Zamboanga. Mindanao and turned over
by the said Midel to the military custody
of the accused as commander of the district
of Mindanao and Jolo: that thereafter the
said Midel requested the accused to turn
over the said Ramos to him for punish
Ilelit IOE StiITIliS up anu lot
other past offenses and that the accused
in compliance with the request and for the
reason, as stated in his own words, that
it was necessary to make an example of
the first offender. This man was dangerous
and said to be an agent of Aguinaldos. is
sued appropriate orders to the officer Of
the guard to turn over the said Ramos to
the said Mfdel. which orders were duly
executed 1t thus definitely ascertain
ed from the accused's own statements that
the said Ramos was turned over To the
said Midel for punishment, and the only
important question which was left to the
court for determination was whether or not
the accused was at the time chargeabie
with knowledge of the particular kind of
punishment which the evidence shows
awaited the said Ramos, to wit, summary
and Illegal execution.
There is evidence of record to the effect
that the said Ramos was turned over IN
pursuance of an express agreement between
the accused and Midel that he should be
killed by the latter but the court seems to
have properly rejected this extreme view.
1t is however, conciusively established that
Midel had on previous occasion and prior
to United States occupation of Zamboanga,
invited one Calixto, who, like Ramos. was
an insurgent leader. to his town and there.
under pretext of turning out the guard in
his honor ordered the said guard, at
opportune time, to fire upon Calixto. which
was done, and Calixto killed. 1t is es,ab-
lished that the facts as to the killing of
Calixto We're a matter,of general report and
common knowledge in the community, and
edge of the accused. These and other facts
appearing of record. were sufficient to put
a reasonable man upon his guard as to the
probable fate of Ramos should he be turned
over to the said Midel, but the accused
notwithstanding. seems to have issued his
instructions in this case carelessly and neg
ligently, without regard to their probable
consequences, which do not seem to have
been considered appreciated by him until
confronted with the results of the execution
of his orders.
Under the facts narrated above the ac-
knowledge at the time he gave these orders
that the life of said Ramos was to be sum-
marily and irregularly taken. but he is, by
his admission, ehargeable with the
knowledge that the man was surrendered
TO uncertain punishment to be inflicted
by civil official rather than by military
tribunal, regularly convened by the proper
authorities.
1.-The prisoner was received by the accused
into military custody, charged with stirring
up instruction and other offenses. Not
Withstanding the alleged character of some
guerrilla or outlaw, he was. neyerthe-
less, entitled to protection and to have his
guilt determined in the regular way by war
tribunals. This fact Is so elementary that
its statement seems unnecessary and under
the most lenient view permissible of this
case. the accused is guilty of issuing and
causing to be carried into effect orders
which disregarded these elementary rights
and which resulted in the Illegal taking of
human life. The fact that such orders
were thoughtlessly and negligently given
cannet. as seems to be held by the court,
relieve the accused of responsibility.
THE findings and acquittai are disap-
proved. Col Petit will be restored to duty
with his regiment