Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-11
AWAITING A DECISION
No Action Taken on Sergeant
Sanders Application.
SEEKING TO RE-ENLIsT
Dismissed Soldiers Uncertain How to
Proceed.
WISH TO PROVE INNOCENCE
Believe That They Have Established
an Alibi Regarding the Browns
vile Rioting.
WISH TO PROVE INNOCENCE


sergt. Mingo Sanders, late of the 25th In
fantry. That case is presented as test
case, and the Presidents action upon ii
will govern the officials of the War De-
partment and the army recruiting service
at large in the treatment of all similar
cases that have already arisen or may yet
arise.
Sergt. Sanders was one Of the 1TO
members of the 1st Battalion of the 25th
Infantry dismissed without honor because
of the failure of the authorities to discover
the perpetrators of the so-called Browns
vile raid August 13 last
Up to the time of his discharge he had a
record of twentysix years honorable serv-
Ice, and was within four years Of retire.
ment on three-quarters pay. According to
his officers and his comrades, he was asleep
In his bunk at the time of the midnight
raid. He has stated that he has absolutely
no knowledge of the identity of the guilty
spiracy of silence among the soldiers he
was not party to it.
Being perfectly convinced of his entire in
nocence in the whole transaction, he made
formal application for restoration to the
army In the only possible way open to him,
f.e., by re-enlistment as a private. Fol-
lowing the advice Of Secretary Taft he ap-
piled to the military secretary and was by
him referred to the local recruiting officer.
His application for re-enlistment was re-
ceived and recorded, together with that OF
two other members of the dismissed bat
TALON. The recruiting officers, however,
were completely in the dark as to the
course to pursue.
Although it had been reported that the
soldiers who could prove their complete in
nocence might receive executive ciemency
ency would take. The principal problems
to be solved were as to the character OF the
evidence necessary to establish the inno-
cence of the soldier applicant, and as to
what officer or official should pass on the
sufficency of the evidence. Because of the
doubt and uncertainty as to the proper
course of procedure, the case OF SerEt.
Sanders was referred to President Roose-
welt with view to securing specific In.
structions from him on the subject.
At Loss How to Proceed.
The discharged soldiers are at a COM
plete loss as to how they can satisfy the
officials of their nom participation in the
Brownsville affair. beyond what they have
already done. Each of them has already
testified under oath as to his whereabouts
on the night of the raid and his ignorance
of the perpetrators, and In each case the
alibi was established by the only persons
in position to have direct knowledge on
the point.
In no single case is there any direct EVIL
dence to contradict the alibi. Inasmuch as
they have already offered all the evidence
they have on the subject and 1t has been
rejected by the President, the soldiers are
naturally in a quandary as to how they
shall proceed. If any evidence was SUBJ
mitted against an individual soldier he
would have some tangible point to act
absence of any specification of guilt is a
task well calculated to puzzle them.
Secretary Taft's Announcement.
MI
ident and the Secretary of War at the
White House during the meeting Of the
cabinet. AS a result the following an
nouncement was made by Secretary Taft
this afternoon as embodying the instruc-
lions issued to the military secretary:
'"The form Of procedure in respect to an
application for re-enlistdent by forrer
member of Companies B. c and D, of the
25th Infantry, who was discharged for the
good Of the service under the order Of this
department, dated November g.. 1906, will
be as follows:
1.-The applicant will present to the re-
cruiting officer such evidence in writing
as he desires. to show that notwithstand-
ing such order of discharge he was
neither implicated in the murderous raid
upon Brownsville. nor withheld any evil
dence which might lead to the discovery
of the perpetrators thereof.
This evidence, together with the applica-
ton, should be forwarded by the recruit
ing officers to you for the consideration and
investigation Of this department. Please
advise the recruiting officers under your
control Of this.
1.-THE form of procedure I am now indi-
eating relates to evidence having special
reference to particular applicants.
"It Is understood that Mr.. Gilchrist Stew
art, representing all the men who were dis
charged, is about to present evidence upon
the main issue to the President, which the
President will refer to this department for
investigation and report.
civilian H. TAFT,
Secretary of War"