The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-02

orders to interfere with the action of the
military courts in the performance of their
regular and lawful acts in dealing With
military affairs and with military Offend
ers. l do not believe the civil courts viii
attempt to interfere with the Governor in
the discharge Of executive duties.
at would be a most serious matter for
the civil courts to interfere with the pro-
ceedings OF the duly authorized military
tribunals"
In reply to Mr.. CDFnes argument Colonel
Bacon said that he did not contend that
the civil courts had the right to interfere
with the discretionary acts OF the Cover
nor but he did insist that the act of the
Governor based on improper evidence or
on no legal evidence could be reviewed by
the civil courts by writ of certiorari.
at is a mistaken idea that Governor
can dismiss a. military officer" said Colonel
Bacon. 1t is q mistaken idea that the
President of the United States can remove
a military officer without the instrument
tally OF a court-martial. military off,
Ger either under the State government or
the United States Government has Just
as fixed position as has your honor
Colonel Bacon then branched out into a
discussion of the battle of San Juan Hill
and exclaimed;
''The Seventy first Regiment did not send
its adjutant back to exploit the acts OF its
colonel and its lieutenant colonel
II object" said Mr.. Coyne. Colonel
Bacon has put in his moving papers cow
ardly insinuations against honorable men.
He has done so for the purpose of making
false statements against honorable men"
Il will confine myself to the fact9 and
to my papers," retorted Colonel Bacon.
Il have not put anything into my papers
that is not fact"
He referred to the Governor as Ibis au-
gust majesty and insisted that Smith did
not know today the charges that were
made against him. Colonel Bacon then
discussed the action of Smith at San Juan
Hill He said that Smith faced the enemy
for hours and was shot at for hours.
Major Smith and the Seyenty-first Reg
iment." shouted Colonel Bacon. were shot
at and did not hide behind hills. as did
the Rough Riders: The Rough Riders were
shot at oh. yes; BUT the Spaniards had
to shoot at them through two hills. The
Rough Riders did not come up TO the front
until the soldiers OF the Regular Army had
put the enemy to flight. Major Smith did
what he was ordered to do at San Juan
Hill. He was shot at for many hours. a
soldier fell dying from the enemy's shot
on Major Smiths breast, yet he does not
wear hat turned up on one side"
A COwardiy Proceeding.
Turning his attention to the court Of en-
quiry that reported against Smith, Colonel
Bacon waved his arms about his head and
fairly yelled:
THAT was the most cowardly proceeding
ever held in the United States"
The lawyer said that the court of en-
quiry held only one session and remarked:
Major Smith was present wheE that
court met. but he was excluded as soon as
the court said 1t was going to take testi-
uony. After fifteen minutes Of a secret
session the court of enquiry sent TO Major
Smith his coat and his hat and said the
court had adjourned. When Major Smith
asked for a hearing he was told that he
would be heard at the next session Of the
court. but there was no next session; only
that one secret session. and then Major
Smith was dismissed"
Colonel Bacon then took his seat and Mr..
Coyne arose and said:
Il am sorry that Colonel Bacon is so
poorly informed as to the facts about the
appointment of the court of enquiry.
'sThe fact is. said Mr.. Coyne, that after
the officers Of the Seventy-frst Regiment
had charged Major Smith with being
coward. III WlillhSr
that a court Of enquiry be appointed to in
vestigate his conduct at San Juan HILL
Mr. Coyne then turned and faced Smith
who was seated beside Colonel Bacon, ard
with emphasis On every word, deliberately.
as though watching the effect on Major
Smith. said:
And that court of enquiry reported that
the men of the Seventy-first Regiment, had
they not been led by cowaTdly officers,
would have fought as honorably and as
hraVeiy as did the other soldiers cf cur
army on that occasion. That court O. en-
quiry. appointed at the request OF Mcjor
Smith, exonerated the men of the Seventy
first Regiment, and found that the oficei
of that regiment were towards
THAT'S not So" exclaimed Smith, wto
had evidently had difficulty in controlling
himself. "and 1 defy you to show me any
thing of that kind in the findings or re-
port OF the court of enquiry"
TITS all there" calmly replied Mr..
Coyne.
"And you are cowardly liar when you
say So" retorted Smith.
Justice Giegerich's gavel came down
upon the bench with a bang, and Mr.
Coyne deslsted from replying to Major
Smith. The major arose and apologlzed to
the court for his conduct. Then the jus
tice took the papers in the case and re-
served decision.
Union Pacific Interest Paid.