The Topeka state journal., 1902-01-22


Mr. Burton introduced Mr. Crum as
the new United States marshal for
Kansas which pleased that gentleman
and caused some of the Kansans to
smile as Crum has not yet been ap-
pointed. Mr.. Burton said he was sure
Metcalf would make statement thal
would convince the committee or MS IN
nocence and the committee would make
a very positive report in his favor. The
hearing, however, developed some
what unfavorable sentiment towards
Metcalf in the committee and towards
the close Mr.. Burton showed impatience
over the severe questioning to which the
general was subjected. Senator simon
and Senator McCumber are lawyers and
Senator Scott is the one old soldier
member of the committee. The ques-
tions not asked by the two lawyers Mr..
Scott supplied. In opening the hearing
Senator Simon read affidavits from
William W. Moore, o. P. Henderson and
Captain Boltwood. The more important
of these affidavits. in the judgment of
the committee, was that of Moore 1t
This is to certify that l. William w.
Moore, of Aliceville, formerly was a
member of Company e, Twentieth Kan
sas, and that on February 10, 1899,
was detailed to act as orderly to
Major Metcalf, when the insurgents re-
tired before CalOOcan; that the main
body of the insurgents retreated, two OF
them remained in the trenches, threw
down their arms and surrendered and
apparently begged for mercy When
they drew near Major Metcalf he turn
ed to me and asked me if my gun was
loaded. I answered that it was not. He
ordered me to load my gun and shoot
the prisoners. 1 refused to do it. One
of the prisoners threw himself upon his
knees before Major Metcalf and threw
his arms around MetcalfS legS and ap-
pealed for his life, when Major Metcalf
drew his revolver and shot and killed
the prisoner. 1 stood about ten feet from
To- hon f1ca fiTa6 he hot
The affidavit of o. F. Henderson, of
company E, was then read, and pro-
duced profound sensation There was
not a sign of hesitation or fogginess in
the statement. Mr.. Henderson plainly
states that he was close enough to
touch Colonel Metcalf and that he saw
Metcalf do the shooting. The affidavit
of Henderson is as follows:
"Westphalia, Kas., Jan. 16 1902.
This is to certify that I, o. f. Hen
tieth Kansas volunteers, do solemnly
swear that at the battle of Caloocan on
February 10, 1899, that 1 saw Major
Wilder c. Metcalf shoot and kill
wounded and helpless Filipino. 1 fur
thernore state that 1 could have placed
my hand on his shoulder at the time.
My present residence is Kincaid, Kas.
20. T. HENDERSON.
Subscribed and sworn to before me,
this 18th day of January, A. d. 1902.
IS. A. SPRIGGS,
Justice OF the Peace IN ana Tor w est
phalia, Anderson county, Kansas"
Boltwood's affidavit was more of the
character of hearsay evidence and the
committee did not place special stress
upon it except to a statement of Bolt
wood that private named Hasky, said
to Metcalf's face and in the presence of
Boltwood and Major Little, charged him
with having murdered the prisoners.
The committee produced also an affi-
davit from a private named Fuller
fO1-nOAT1U ny
but as it was shown that Swearinger
had made one affidavit against Mr.. Met
calf and later made another one for
him, the second utterly discrediting the
first, his testimony was thrown out as
unreliable This was done at the in
stance of Senator Scott, who said it
was clear that Swearinger was a falsi-
fer, and that there was no use wasting
time on him. When the affidavits had
been read General Metcalf was asked
if he had any statement to make. He
replied that he had. and when he had
been sworn opened his statement as
quoted. He continued:
During the enga cement referred to-
two insurgents crawled up out of
trench ordered them to be taker to
the rear The trench was full of dead.
When first saw them called a soldier
and told him to take charge of them.
The prisoners, who did not seem to un-
me. / again gave directions that they
be conducted to the rear. / then pro-
ceeded to the front. Later / heard the
prisoners had been killed. At the time
they were shot I was at. least two rods
away and knew absolutely nothing
about the shooting. The first definite
information of the affair received was
two months after it occurred, when a
Kansas newspaper, containing a letter
written by a private to his mother,
reached me in Manila This letter had
an account of the killing of the prison
ers as the writer had heard it from an
officer in the regiment who had de-
scr1bed the shooting as the saddeSt
sight he had ever witnessed. I do not
know how the impression that had
Killed the men originated. was always
kind and considerate in my treatment
OF prisoners, and never injured any of
them"
The general was interrupted by Sena-
tor Burton, who asked if an order had
been issued ito take no prisoners" He
replied that he had never heard of any
such order, and felt sure there had not
McCumber endeavored to show that
General Metcalf had been guilty of neg
hgence is not starting an investigation,
and asked him why he had not done
so.
The rumors were so vague that 1
did not take notice of them" was the
reply. L formed the impression the
prisoners had been killed, but >iar thev
mad not been killed in cold blood Be
sides, it was not my duty to order an
inquiry"
They never found that Gen. Metcalf
had shot prisoners until he became
colonel" put in Senator Burton.
When asked what he had to say with
reference to the affidavit of BoltwoOd,
cen Metcalf related the circumstances
under which the soldier, Husky, had
charged him with killing the prisoners.
he said Boltwood and Major Little, with
husky had approached himself some
TIME after the battle and one of them
had Informed him that Husky would
say he had seen him kill the prisoners.
i said he would do nothing of the
KIND, said Metcalf, ''as I felt sure he
had not been present He declared
mad killed the prisoners. / then knew
he had been brought into the affair by
hollywood and 7 itf1a