New-York tribune., 1901-11-15
GOOD TREATMENT NOT EXPECTED
MAJOR c. H SMITHS FRIENDS THINK HE
WILL BE MADE TO FEEL HIS POSITION.

MAJOR c. H SMITHS FRIENDS THINK HE
vy11J.RF, MADE TO FEEL HIS POSITION.
Major Clinton H. Smith. who has been reinstated
as Major of the list Regimert-which reinstatement
was foretold by The Tribune about week ago
said Yesterday that he had not had time TO consult
with counsel since the decision Of the Appellate
Division Of the Supreme Court. and declined to
discuss his plans He said he did not Know "heh
he would report his regiment for duty
..I never doubted that such decision Wouid De
reached - he said 81 do think that the Amerl-
can people would allow man to be railroaded OUT
OF position and such serious charge without
a fair hearing. The court martial by Whch was
tried was secret in its proceedings I was not eX-
amined, and my counsel was excluded from the
room AS matter of fact, never knew, ofnciailF'
of what I was accused am pleased, OUTSIDE oI
the qualification I naturally experience because OF
my vindication, that this decision has oeIneo 'ie
limitations and powers of military courts Inc Ola
time boards of examiners, known as bouncing
boards must give an accused man a far near
ing with counsel and the privilege OF exceptions
and challenges
Major General Charles F. Roe. commanding the
National Guard Of this State said yesterday when
he was asked what move woud now be made: 1.-The
case is entirely out Of my hands. II anything is
done il must be by command Of Governor ooeii.
He has the authority TO appoint another poard OF
examiners to inquire into the charges against
Major Smith. Whether he will do so / cannot say
Smith is now as 1 understand 1t, Major In the
list Regiment both de facto and de jure, and may
resume his duties such without any prelirni-
naries."
Colonel William G. Bates said: 81 have no oplil-
ion to express on the finding OF the court
friend OF Major Smith said yesterday after-
noon: THE only thing that the Colonel can do is to
assign Major Smith to duty. What that duty Will
be must depend on the Colonel. ! suppose he will
be assigned watch the fire hydrants ana see Iial
they do not explode. to tome other ensufo guy.
do not think he will be treated right. ana l am
certain that his friends in the regiment VIII not
have opportunity to show their regRto ior mn
and help him resume the position ne hao oe1ore
the war. There many in the regiment VINO re-
gard him brave man and q conpelent soluieT,
and who, knowing ell that happened that DAY al
San Juan Hill, which he is accused OF pelis
cowerdly have q greater admiration for him than
the very action that questioned by some people
and criticised. Major Smith is brave man, anu
he showed his bravery that day by ooeying or
ders. rather than rushing IN without ris9t t4 uo
lied responsibility the lives OF the men VINO were
under his immediate command.
Captain David L. Hough. OF Company n, .Ist
when asked why he resigned his command: L am
still a National Guardsman, since my resignation
has not been accepted. and as such am Obliged TO
resignation has been accepted. but not now"
From other sources. however, II was learned tnat
Captain Hough gave his reason for resignlng
that he could not attend to his duties because or
with him. believe to be excuse rather than a
reason He is a close friend Of Major Smith. and
q hearty sympath hizer with him, and was one or the
latter's warmest defenders. 1t is than inti-
mated that Captain Hough resigned because he
knew that Major Smiths friends in the regiment
would have opportunity to relieve the re-
tainly be put upon him when he resumes his COM
mand.