The times. [volume] (Washington [D.C.]) 1897-1901, 1900-08-02
ATTACKS ROUGH RIDERS.
Views of c. II. Smiths Counsel on
the San Juan Hill Fight.
Dismissed officer of the Seventy
first New York Volunteer Rcgi-
ment Resumes His Legal Battle
with the Military Officers of the
Stnte-Harsh words Used in Court.


with the Military Officers of the
Stnte-Harsh Words Used in Court.
NEW YORK, Aug. Clinton A. Smith,
late major in the Seventy-first Regiment,
undismayed at the previous defeat he had
sustained in the civil courts, renewed in
Special Term Part I, of the Supreme Court.
today his legal welfare with the military
officers OF the State.
Smiths case came before Justice Gieg-
erich today on tho return of an order is
sued by Justice Dugrb, in the Supreme
Court. last week. directing Smith to APP
pear and show legal cause why d previous
order, issued by Justice McAdam, direct
ing the proper military officers to explain
why writ of certiorasi should not issue
to review the proceedings of the court
OF enquiry, which reported against Smiths
fitness to be an officer in the National
Guard, should not be vacated. The court
of enquiry, which passed upon Smiths fit
ness, was appointed by Governor Roose-
welt, and 1t was said that much of the
testimony given before the court related
to the alleged cowardice Of Smith at the
battle Of San Juan Hill:
In his petition to Justice McAdam for
the issuance of the order to show cause
why he should not have a writ ofcertioTa-i,
Smith asserted that the court of enquiry
came to its decision at the personal re-
quest OF Governor Roosevelt ard General
Roe, and Smith also said that before the
board met two members of it had ex-
pressed the opinion that he Smith should
be discharged from the National Guard.
He complained that he had not been per-
mitted to put In evidence of this alleged
prejudice against him. He said that he
was still in ignorance as to what the real
| charges were that were presented against
him before the court of enquiry. In re-
gard to his conduct at the battle of San
Juan Hill, Smith, in his affidavit. said:
A Charge OF Injustice.
THAT these conclusions Of the court of
enquiry of all reviewing officers are grossly
| unjust, as during the entire so-calied bat
| tie at San Juan your petitioner fMajor
SMITH was in one of the most dangerous
| positions. One man was shot dead ,shile
reclining on your petitioners person, and
others were killed and wounded in his i'm
! mediate presence, and the position oceu-
pied by the Seventy FIRST Regiment On the
so-cailed bloody trail was that into which
they were ordered by their division COM
Inander, with instructions to remain there
for further ORDERS which orders never
came. as the division commander himself
testified before the court of enquiry, and
| they obeyed orders strictly throughout the
entire day and displayed military qualities
in marked contrast with the well-known
ineapacity of the generals in command and
the self-adyertised acts of the Governor
whose ignorance of military matters made
him the laughing stock Of regular officers
throughout the entire Santiago campaign"
Special Deputy Attorney General E. p.
! Coyne began the argument today by say
| ing that Justice McAdam did not have
Jurisdiction TO issue the order that he did
issue. He said that Justice McAdam's Or
der was not made retEnable at any GER
tain place or in any specified court.
Col. Alexander Bacon, on behalf Of
Smith, exclaimed:
The order was made returnable in Al
bany County and should not be made re-
'turuat1.e here % 100 "a EOS. SAB
4 Il don't see that it is made returnable
anywhere" remarked Justice Giegerich,
after he had examined the order in ques-
ton.
This is the proper place for the argu-
ment," said Mr.. Coy This man was
dismissed by the Go,-zrnor after the court
Of enquiry had reported against him 1t
would cost several Thousand dollars to
obey Justice MeAdam's order to file re-
turn Of all the proceedings, and there is no
appropriation for that purpose. Besides
that. the Supreme Court has no right TO
review the action OF the Governor Of the
State by such proceeding.
''The order made by Justice McAdam,"
exclaimed Colonel Bacon. was directed
to the clerk of Albany County. and is re-
turnable there This officer Major Smith"
said Colonel Bacon, was dismissed by a
star chamber proceeding. The court tina.
reported against him held only one meet
ing. It lasted but about fifteen minutes.
1t was a secret hearing II that kind of
proceeding is legal and is to be sustained
by the courts we might as well move to
Russia
Fair Fight Wanted.
I'VE are willing to meet men in the
open" fairly shouted Colonel Bacon. but
we object to being shot in the back We
object to being shot at from ambush. We
object to the bushwhacktng methods that
We have been subjected to in this case
Il am willing to argue this case before
any branch of the Supreme Court, here,
in Albany, or anywhere else, said Mr..
Coyne, but / object to such statements
DIS NOHAlSti 10 llidhlH6 Oi iHlS PIE
liminary objection to the argument being
heard here.
II have no words at my command"
shouted Colonel Bacon. with which to ex-
press my contempt for the men who, after
a star-chamber proceeding lasting but fif-
teen minutes. dismissed from the National
Guard an officer
Justice Giegerich interrupted Colonel
Bacon and suggested that, he would take
the law papers in the case under advise
ment OH the preliminary objection raised
by Colonel Bacon.
But want to be heard on the merits
of the case" insisted Colonel Bacon.
"WiH you waive your technical prelimi-
nary objection?" enqnlred Mr.. Coyne-
II viii not" retorted Colonel Bacon
Then / decline to go on with the argu-
ment on the merits said Mr.. Coyne
II will take the papers on the prelimi-
nary objection" remarked Justice Giege-
rich.
Colonel Bacon and Mr.. Coyne then left
the court room. They returned within ten
minutes and Colonel Bacon withdrew his
preliminary objections and the argument
proceeded.
Mr. Coyne reviewed in detail Smiths
military history and his connection with
the Seventy first Regiment. He then dis
eussed the dismissal OF Smith from the Ma
tional Guard.
Mr.. Coyne asserted that Smith was pres
ent both in person and by counsel before
the court of enquiry. He said that the
| Governor approved the finding of the court
| Of enquiry and that resulted in the dis
- Mot. ha al