The Washington herald., 1907-03-26

Brig. Gen. MeCaskey. commanding the
Department Of Texas, has approved the
finding of the Penrose eourt-martiai
which exonerated Mai Penrose. but
which found that the shooting-up OF
Brownsville had been done by the men
of the Twenty-ffth Infantry.
A telegram making such announcement
was read at yesterdays session Of the
Brownsville investigation by the Senate
committee.
Corporal William Ryan and Privates
Zebh and Barrett. members of the Twen-
ty-sixth Infantry, which preceded the
negroes TO Fort Brown. testified yester-
day that extra ammunition for Krag
and Springfield rifles could be obtained
by soldiers without trouble; that great
quantities had been sold and given TO the
townspeOple and to the Texas Rangers;
and that discarded uniforms had also
been sold and given away
Corporal Ryan was recalled for cross
examination and testified that Sergt. Jo-
seph Cheeseman, who had ordered him to
sell the ammunition. had also departed
with the eOmpanys library fund Of s29
when he was discharged. and that he
could not be found
Was 0beyiBg Orders.
Ryan admitted that he had at first told
Of his conduct IN respect 10 selling am
munltion and defacing rifles when Col.
Glenn. attorney for Mai Penrose, had
examined him directly In reference TO
those acts. He justified his conduct by
saying that, as a soldier, he was taught
TO obey orders, and II told to jump in the
river by his superior officer he would
jump without asking The reason for the
order.
He had never reported the incidents TO
any OF his superior officers. He said
Capt, d. ". E!iburn, Of his company,
had secured fol. himself one of the new
guns, and Sergt. Short had bought one
OF them, and they were never turned in
and accounted Tor, being replaced by old
surplus guns from the Philippines.
The witness was being closely pressed
on cross-examination as 20 his idea Of
culpability Of his conduct when Senator
Scott. with much show of feeling, juinIed
to his feet.
Defended by Senator.
This witness" he said. has certainly
tried TO state his position on these guns
as fairly as any man ] ever heard tn my
life. He was simply obeyfng orders. and
did nothing Of his own volition. Il is not
fair to say that he was doing wrong. /
have been a soldier. and / know a soldier
has to obey orders. I do not think il Is
proper TO browbeat a witness in this way"
called forth this protest, said he was not
trying TO browbeat the witness.
You want to put him ia the position Of
knowing he was doing wrong said Sena-
tor Scott.
4 think that If ne didn't he was a very
great fool. retorted Mr. Frazier.
Had Not Fired.
Private Thomas Taylor, OF Company b.
Twenty-nfth Infantry. whose rife was
identified by experts from the Springfield
Arsenal as having fired eleven Of the
cartridge shells found at Brownsville on
the morning Of August IA, testified that
he had not fired his gun after leaving
Fort Niobrara for Brownsville. AT Mo
bFara he had done great deal Of target
practice and Senator Foraker's questions
by .his gun We're found at Brownsville,
they might have been those used al Fort
NiObrara as large box OF empty shells
picked up on the target grounds at that
place had been carried 10 Fort Brown
and placed on the porch Of the barracks,
where children and others could have
taken them.
Taylor was sure his g,n was locked in the
rack Of Company on the night OF Au-
gust l3, and he did not get it until the
call 10 arms. when he was awakened. He
was not able to identify the gun until
daylight the next day