Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-07-02
LOOTING IN PHILIPPINES
GENERAL MACARTHUR EXPRESSES
HIS VIEWS.
Records of Courts-Martial Received
and the Comments ON the Findings
by the Reviewing Omcer.

The records of two court-martial cases in
the Philippines have been received at the
War Department. In one case Capt. Geo. T.
Mcconnell, 46th Volunteer Infantry, was
tried at Slang, Luzon, by a cosirt of which
Col. w. s. Schuyler, 46th Volunteer In
fantry, was president, on the charge of
conduct to the prejudice to good order and
military discipline. 1t was specified that he
permitted men of his company to enter
houses of peaceable residents of Mindez
Nunez, and by his negligence enabled them
to take the personal effects of said peace
able natives to the value of about $40: also
that he accepted from an enlisted man
sfiver-handle whip belonging to a native.
The court acquitted him of the charge.
The reviewing authority. Gen. Macarthur,
said he was unable to fully approve of the
findings of the court. IN this case" he
says, ut appears that no positive warming
was given to the men before entering the
town, and the omission to take some extra
precautioh, whether due to forgetfulness or
Indifference is immaterial. manifestly re-
suited in one or more houses of the peace
able natives being looted. and in absolute
failure tG detect and punish the perpetra-
tors of the crime Capt. Mcconnell hav-
ing been acquitted, was released from ar
rest.
The other court-martial case was that of
Capt. I. H. Backer. 10th Volunteer Infan-
try. He was tried at Slang, Luzon, on the
charges of disobedience of orders and of
conduct to the prejudice to good order and
military discipline. 1t was alleged that he
destroyed the order of his superior officer
Maj. W. H. Johnston, 46th Volunteer In
fantry, and permitted and directed enlisted
men of his company to enter and search
houses in the city of Alfonso. 1t was also
alleged that neglecting orders. he permitted
and enabled men of his command to loot
the houses of certain peaceable natives in
Alfonso. by which property to the value
of about $40 was stolen. He was found
guilty of the charges. except wherein 1t was
was sentenced to be reprimanded by his
regmental commander. In reviewing the
case Gen. Macarthur said:
The orders as set forth in evidence ap-
pear to have been em!nently proper ones,
and the necessity for their enforcement
fully recognized by the battalion comman-
der who issued them Though the investi-
CATION covers a wide range, nothing appears
OF record of a substantial character to ex-
cuse an officer from taking all necessary
precautions to prevent abuses of every kind
and thus fully comply with the spirit of
ORDERS on the subject. Whatever may have
been the previous Interpretation of the ac-
cused officer of orders No 6 of January 20
1900. prohibiting enlisted men from entering
houses, that prohibition was in effect re-
newed and emphasized by a clause in the
identical order No. IS of March / 1900. and
the action of the court excepting orders No
q In its finding of guilty under the first
specification of the second charge is there
fore disapproved. If exigency arises re-
curing that houses be entered and searched
positive precautionary orders should be
given on the spot. and the duty carefully
conducted and rigidly supervised by proper
authority to prevent looting and other
abuses; and upon complaint or other evil
dence OF neglect or disobedience prompt ac-
ton should be taken to insure just repara-
ton to the injured party and bring the
guilty to punishment. In this case it APP
pears that no such positive warning was
gwen to the men before entering the town
OF ALFONSO, and the omission. in the face of
d renewed order, to take some extra precau-
ton OF this kind manifestIy resulted in one
or more houses of peaceable natives being
looted. and absolute failure to detect and
PUNISH the guilty. The unqualified finding
OF not guilty of the second specification of
the second charge is therefor disapproyed
Subject to the foregoing remarks and ex
ceptlons, the proceedings and finding are
approved; The action of the court in SEN
ttenclng the accused to be reprimanded by
ms reglmentai commander is irregular and
unauthorized and the sentence is disan
proved. sap
rest" ioih ar