Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-12-29
COMMENT IS ADVERSE
Secret Inquiry at Brownsville
Criticised.
STAR CHAMBER METHODS
Congressman Prefer Investigation
With Open Doors.
THE COMING COURT.MARTIAL
Maj. Penrose and Capt. Macklin to
Face Charge of Dereliction in Con-
nection With the Rioting.
THE COMING C0URT-MARTIAL

The action of the President in ordering
the taking OF additional testimony in the
Brownsville affair behind closed doors. and
by the very men who made the reports be-
fore Congress, and who would naturally be
interested in sustaining their former find
ings, is creating a great deal of adverse
comment among senators and representa-
tives. They declare that if the President
desires to add further light to the subject
by additional testimony, he should have 1t
taken under conditions that would permit
witnesses to be cross examined, and should
surround the investigation with some of
the characteristics of judicial proceeding
Those senators who wish to have the entire
Brownsville matter investigated by the
Senate committee on military affairs say
their contention is not in the least weak
ened by what the military officers are now
doing In secret to secure more testimony
AS the case stands men in Congress who
are interested in developing all the facts
about the Brownsville affair feel that they
are not in a position to advise the Presi-
dent. But they say that the only kind of
investigation that he could order that
would be of value and make a congressional
| inquiry unnecessary would be to open the
case de novo, and provide for inquiry of
the most complete kind this inquiry to be
held in public. giving the accused men an
opportunity to be represented by counsel If
they so desire. 1hey .hOud be privileged,
through counsel, they say, to cross-eXamine
witnesses and to have the advantage of
proceedings that would have none of the
characteristics of star-chamber trials.
Public Hearing Desired.
Court martial proceedings against the
men are, of course, not possible now, as
! they have been discharged from the serv-
| ice. The only manner in which the matter
may be handled to the satisfaction of the
public they say. is to give the proceeding
the advantage of publicity. In that way
confidence would be inspired. and could
| such proceeding be concluded before Con-
! gress acts it might satisfy those who are
now contending for what they clam is only
a square deaf' for the colored soldiers
who were discharged wholesale without
| honor on testimony that has been criticised
as wholly insufficient.
A popularity of the Brownsville case is
the fact that as time passes it APP pears to
be discussed with greater interest than
when the case was first under considera-
ton. The action of the democrats in, to a
large extent, sustaining the President in
his course is only making the republicans
who believe an investigati ton should be held
more determined in carrying through the
! program they have outlined. They are well
| satisfied that Senator Foraker's resolution
! for an investigation of the affair by the
committee military affairs will be passed
by the Senate. and as that provides for the
calling of witnesses the inquiry will be
made as complete as possible.
Court-Martial Appointed.
Gen. McCaskey, commanding the depart
ment of Texas. has notified the War De-
partment that in accordance with instruc-
tons from Washington he has appointed a
general court-martial to convene at Fort
| Sam Houston, near San Antonio Tex, on
| the I'd proximo for the trial of Maj. Charles
w. Penrose, 25th Infantry, and Capt. E. A
! Macklin, 18th Infantry, on the charge of
conduct prejudical to good order and mill
| tary discipline based their alleged neg
| ect of duty in connection with the
| Brownsville affair Col George LeR
Brown, commanding the Doth Infantry, at
Fort Sam Houston, is president of the court,
and First Lieut. Charles Z. Hay, jr., oath
| Infantry, acting judge advocate of the de-
partment of Texas, is the judge advocat tie
of the court.
! Lieut. Hay is a nephew of the late Secre-
| tary John Hay, and was formerly on duty
| in the office of the judge advocate general
| of the army in this city With one eXcep-
| ton, the membership of the court is COM
posed of officers attached to the Depart
| ment of Texas. The exception is Maj. Eli
| d. Hoyle, Artillery Corps, who was spe-
| cially detailed by the chief of staff at
Washington to complete the quota of the
court Maj. Hoyle is stationed at Fort
| Riley, Kan, in the Department of the Mis-
souri,.
The recent shooting of Capt. Mackln at
Fort Keno, ana his present disabled condl-
| ton, may possibly delay the work of the
court.
| 1t will be for that body, however, to deter
| mine whether it will proceed with the trial
| of Major Penrose in the absence of Captain
| Mackln, or whether the trial of both Off
| GERS shall be postponed until Captain Mack
! lin is able to be present. Each of the Off
| GERS named will be an important witness in
| the case against the other, and on that ac-
! count it is believed that the trial of Major
| Penrose will be postponed until Captain
Mackln attend.
May Bring Out New Facts.
1t is expected that the trial of these
officers will develop testimony which will
throw much-needed light on the mooted
question as to the identity of the party of
| men who shot up Brownsville August ID
| last. 1t has been held by the officials of
| the War Department that Maj. Penrose as
| the commander and Capt. Macklin as officer
| of the day We're derelict in their duty in
! having failed to prevent the outbreak, and
again in having failed to discover the guilty
parties. The military trial will be entirely
| independent of the civil legal inquiry now
| in progress at Brownsville under the direc-