Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-18
1T. JOEL R. LEES CASE
ACQUITTAL AND FINDINGS DIS
APPROVED BY GEN. DAVIS.
Two Native Prisoners Attempting to
Escape Were Shot by the Orders
of the Accused.

The record of the case Of First Lieut.. Joel
r. Lee, 10th Infantry. tried by court-mar-
tiaI at Iligan, Mindanao. on the charge of
manslaughter in causing the death by shoot
ing of two native prisoners has been re-
ceived. The shooting was done by Corporal
Thomas Conway of Company M, it is alleg
ed, by orders of Lieut.. Lee The court
found Lieut. Lee not guilty and fully and
honorably' acquitted him.
Gen. Davis Comment.
Gen. Davis. commanding the division Of
the Philippines, disapproved the findings Of
the court in the following order
I'm the foregoing case of First Lieutenant
joel r. Lee. 10th United States Infantry,
the accused testified: I ordered him Cor
poral Conway to shoot If they attempted
to escape-I meant by that he was to shoot
if the prisoners ran and 1t was necessary to
shoot them. in order to prevent their es-
cape. I was satisfied that the corporal un-
derStood his orders.
1.-THE shooting was done with revolver,
given to Corporal Conway by Lieut.. Lee
for use instead Of Conway's rifle
1.-The corporal testified as to the first
prisoner: The prisoner was no sooner in
until he made a rush to go to the side door
1 halted the prisoner and the prisoner did
not halt and / fired at him..
'As to the second prisonersthe corporal
testified: When that native prisoner seen
the other native prisoner lying dead on the
floor he made a rush to escape. l hollered
at him in the English language to halt and
he did not understand me, so fired at him
to keep him from escaping.
Another prisoner testified as to the kill
ing of the first prisoner i heard sound
and turned as a shot was fired The sound
could have been made by scuff1e or man
running. He fell ten or twelve feet from
where he had been standing.
1.-The testimony shows both of the men
killed fell near the same spot.
1.-The testimony shows that the killing of
the first prisoner was duly reported to
Lieutenant Lee and investigated by him;
yet he found nothing to cause him to take
any precautions to prevent similar recur-
renee, but, regardless of any warning aris
ing sent the second prisoner under the
same sentinel with the same instructions
into the same room where the first lay
dead, which acts resulted in a second death
in the manner described by the corporal in
the testimony quoted.
Guard Was Inadequate.
1.-THE testimony before the court intro
duced by the accused shows that Lieut.. Lee
was of the belief that the two prisoners
were secret agents of insurrectionists and
bad characters, and that he knew that the
interview would reveal to them that their
crime was discovered and it must follow
that their only hope lay in escape, never
theless, the interview had in his own
house with but one sentinel present, yet his
company quarters were butt seventy-fve
yards away.
"The killing of prisoner in an attempt to
escape may not be done a punishment,
but only as matter of necessity to prevent
escape. He who has prisoners under his
charge, especially as in the circumstances
of this case. takes insufficient precautions
to prevent escape, and directs a sentinel to
shoot if there is an attempt thereat cannot
Justify such order and the results thereof
py a1terWard saying he meant that the
sentinel was to shoot if it was necessary to
prevent escape, and he is not entitled to a
full and honorable acquittal for his acts
The findings and acquittal are therefore
disapproved.