Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-19
REASONS FOR TRIAL
CASES OF MAJ PENROSE AND
CAPT. MACKLIN.

Interesting details became public today
regarding the cases OF Maj. Penrose and
Capt Macklin of the 25th Infantry. who,
are to be tried by court-martial for alleged
neglect of duty I'm having failed TO prevent
the troubles between the soldiers of that
regiment and the citizens OF Brownsville.
Texas. in August last.
On the 9Th instant the President wrote to
Secretary Taft, saying:
"A careful study not only OF Mai. Block
SONS report. but of Gen. Nettleton's letter.
leaves me uncertain whether or not the off,
GERS of the three coiored companies who
took part in the murderous riot I'm Browns
Vile are OF not blamable. / should like a
thorough investigation and report on this
matter"
Secretary Taft referred this note to the
general stan for recommendation to
whether action ought not to be taken
by way of court-martial against the on
GERS referred to or some of them.
Gen. Barry. acting chief of staff. says
that in accordance with Instructions the
hrst division of the general stan constd-
cred the question in all its bearings.
He says they made a careful study of the
reports OF Maj. Blocksom, Col. Lowering and
Gen. Darlington and of the letter of Gen.
Nettleton and closely examined Maj. Block
som and Gen. Darlington and reached the
conclusion that prima facie case exists
against Maj. Penrose and Capt. Mackln.
The judge advocate general OF the army,
who was consulted. concurred in that opin-
ion and the general staff officers recon-
mended that each of the officers named ba
brought to trial for neglect OF duty.
Gen. Barry's Report
In reporting this action Gen. Barry said:
I'm this connection 1t is believed to be
very desirable, in view of the widespread
comment in the press and elsewhere. to
emphasize the fact that the responsibility
for the proper discipline and control of
post or of a command rests with the COM
handing officer and the commissioned Of
fcers thereof, under his orders. and can
not be shifted to enlisted men. whether
non-commissioned officers not"
He said further that the charge of neg
lect against Maj. Penrose could be sub
stantiate by an allegation in substance
that after the midnight raid at Brownsville
he did Immediately thereafter and until
daylight wholly fail and neglect to take or
order sufficient measures or action to de-
tect any of the said men, or by prompt in
spection of guns or pistols or otherwise. or
any due exercise Of discipline, to detect the
men engaged In the said attack and killing,
or any of them. or to restrain or bring
them to justice for said crime
1t was also suggested that another spec!-
ficatlon be made to alege, in substance
that Maj Penrose. being aware of feeling
of resentment In his command toward cit-
zens of Brownsville as a result OF assaults
upon certain individuals OF the command.
and having been notified by a Mr.. Evans
of Brownsville about 8 pm. August L.,
1906, of an attack upon his wife by a sol
der of the command. and knowing of the
infiamed feeling existing in the town to-
ward the soldiers a result thereof. did,
nevertheless, fail to give any orders TO
Capt. e. A. Macklin. 18th Infantry. officer
of the day, requiring special vigilance on
his part or that of the guard: or to make
frequent inspections. or any inspections.
during the night, after ~ o'clock; and did
wholly fail and neglect to take or order
sufficient measures or precautions to hold
or he of the comma ii,
any manner to watch. restrain, or discipline
said men; by reason of which failure Ger
tain men of his command to the number OF
about twelve more were enable to as
semble armed with rifles and proceed
ing to the town of Brownsville. Tex. to
shoot and wound and XIII certain citizens
thereof"
Macklin's Alleged Neglect
The specification against Capt. Mackin.
the general staff said. should ailege In
substance that
Capt E. A Mackiin. 18th Infantry. hav-
f,O haep reoularly detailed as officer of the