New-York tribune., 1901-10-07
CONNELL WAS WARNED.
FEELING IN THE ARMY OVER THE MAS
SACRE IN SAMAR.

THE MILITARY DECLINE TO RECOGNIZE
CIVIL COURT WRIT OF HABEAs CORPUS
Manila, Oct 6.-Ma1or Morris c. Foote. of the
9th United States Infantry who has returned
here from the island OF Samar was in Balangiga
the day before the disaster TO Company C. He
says that Captain ConneI had been fully warned.
and had taken what he Major Foote) consid-
cred every necessary precaution. Information
that plot was brewing among the Filipinos
came to Major Foote from priest, who said
that 1T was in the plans OF the populace at both
Balangiga and Basey to attack the garrisons.
and that the Basey garrison to be attacked
from a cockpit in the of the barracks. Or
ders were Immediately given TO demolish the
cockpit. and extra guards were stationed.
There is intense feeling .hroughout the army
because of the massacre, which would not be
the case to any such extent had it been the work
of ordinary insurgents. The latter might have
been expected to commit such an outrage Feel
ing is particularly intense in military circles be-
cause the authors OF the massacre -ere pacihcos
most of whom had taken the oath OF allegiance
and many of whom. including the president of
Balangiga were actually holding office.
Some Of the after effects already shown
at many points particularly at Baulan (Bauan p
and Caloocan. in the provinces Of Batangas and
Manila, where disaffection is manifesting itself
although 1t is not likely to be allowed to go far
On the other hand the officers and troops at
all the garrisons throughout the archipelago feel
that the disaster conveys lesson to themselves
of the necessity for increased vigilance.
Considerable interest attached 20 the case Of
Oakley Brooks. a military prisoner ordered to
be deported. The Supreme Court recently issued
a writ of habeas corpus directing the production
of the prisoner, but the military authorities re-
fused TO produce him on the ground that the
only tribunal having Jurisdiction of a military
prisoner is the Federal court. While the Phil
ippine courts were established by the war pow
ers of the President, the military authorities
contend that they are to be regarded as provost
courts until Congress has acted.
The members OF the Supreme Court and a ma
jority of the members of the Philippine Commits
sion hold opposite views, but it is understood
that the Attorney General believes the military
contention to be correct. General Chaffee, dis
cussing the matter to-day. said;
Il most deSirouS to sustain the civil courts
In every possible way, but feel that 1t would
be very unwise in the existing circumstances 10
allow the civil courts to interfere in military
military authorities TO act in cases where IL
would be unwise in the interest of the govern
ment to make public at the time tie reasons
for acting. Should the claim now made by the
civil courts be allowed, it would be disastrous
TO the influence Of the army in the island Every
prisoner sentenced by a military commission
would have recourse to habeas corpus proceed
ings. Even Howard (the alleged deserter) Is
awaiting the decision in this case in ord . TO
try to secure his own release by writ Of habeas
corpus"