The Providence news. (Providence [R.I.]) 1891-1906, 1902-11-19
AGAINST FORMER
ARMY OFFICER
Charges Of Cruelty 10 FiIipinOs
Declared TO Be True.
BUT He CANNOT Be PUNISHED
No fIiradl'Ios Law Providing for Sending a
Criminal From This Country 10
Tho Philippians.
BUT He CANNOT Be PUNISHED

Washington, Nov. 1s.-Discovery OF a
serious omission I'm the laws Of the Philip
pines as adopted at the last session OF
congress has just been made at the war
department No provision exists for the
extradition OF any person from the Philip
pines TO the United States wanted for any
crime committed in this country, nor is
there any way apparently that person
who may have committed an offence In
the Philippines can be sent from the
United States for trial In the Philippine
The attention OF Secretary Root was
called TO the subject yesterday I'm con-
nection with report of the investiga-
ton OF charges made by the Boston Anti
lmperialists regarding the &illing OF
Rather Augustine near Iloilo by soldiers
General George Il. Davis. Judge adyo-
cate general Of the army. who has charge
or this investigation, presented his re-
port 10 Secretary Root yesterday after
noon. The document contains a mass or
testimony taken by an army officer sent
into New England To examine witnesses,
whose names were given the war depart
ment by these making the charges.
IL is the opinion Of army Officers that
the charges have been sustained. but as
" involves a former officer OF the Twenty
sixth Volunteer Infantry. now a civilian.
living In Burlington, VT, Il has been de-
ney general Of the United states and
sufficiently strong the warrant proceed
ings against those implicated and IL
how 10 secure their arrest and convic-
tion.
Until the attorney general shall deter
mine the value OF the testimony taken by
the army officers u is not the purpose OF
the secretary of war TO make public the
name OF the person accused, though In
the opinion Of the officers who have been
connected with the inquiry there is no
doubt IA To the sufficiency of the testi-
mony. The question which most concerns
the war derartment Is how to bring the
former officer before a court either in this
country or the Philippines.
he has not been In the military service
since the regiment was mustered out
nearly two years ago and cannot he tried
by court martial for any violation or
the rules of war
AS the offence was committed on terri
tory the status or which was not at that
time defined and over which United States
fence is clearly understood by the au-
thoritfes here tobe violation OF the Span
ish laws In the Philippines and he can
not, therefore. be tried IN this country.
The laws of the United States provide
ritories Of the United States TO any one
OF the states and from one state 10 an
other. but the Philippines are not or
ganized territory and there Is no extradi-
tion treaty between the islands and the
United States.
Secretary Root is determined. however,
to use every effort TO bring TO trial any
persons guilty of cruelty In the Philip
pines, and has left nothing undone TO Sc
cure all the testimony obtainable. which
Will be laid before the attorney general
for his action.
The charges which brought about the
were made in an open Jet
ter to President Roosevelt and signed by
Charles Francis Adams, G.. Schurz, Ed |
win b. Smith and Herbert Welsh.