New-York tribune., 1907-06-18
MR.. FORAKER REPLIES.
NEGROES NOT GUILTY" !"
The Senator GiUeS His Vie1C of
BrOunSJiIJe Testimony.

Washington June 17.-senator Foraker of
Ohio, tonight gave out written statement
summing ~ the testimony taken by the Senate
Committee on Military Affairs in the Brownsville
inquiry and declaring that it fails to show that
any soldier took part in the affray The state
ment. which the Senator says he makes as a
plain duty to the truth as well as to the ac-
cused soldiers. and because he is more ia
miI!ar with the testimony than anybody else" is
in answer to published statement that the tes
timony ConcusiveIy showed that the soldiers of
the 23th Infantry did the shooting. Mr. Foraker
says:
The testimony given by the soldiers in their own
hehalt Is not in my opinion, shaken by the testt-
mony given by the citizens OF Brownsville. That
testimony, in the first place. is only repetition of
Nu1I was HiSt taken by the citizens committee
and afterward more elaborateIy retaken by Mr.
Purdy- No important Item of evidence could
De Drought forward against the soldiers In this
examination. Ninety per cent of what the citizens
nave testified about had relation 10 matters over
which there was no controversy For instance
everybody comedies that the town was shot up
that somebody did it. that these people who did it
passed through the streets and alleys where the
shooting was done, and that they had guns
Volvers or firearms of some sort, and that man
was killed and another wounded The only dispute
Is as to whether the raiders were identified as sol
ders of the garrison.
There are two kinds of evidence relied upon to
show that the soldiers did it. One consists of the
shells and bullets that were secured from the
streets and houses of Brownsville, The results OF
the microscopic inspection interpreted In the light
OF the other testimony completely disposed of this
part OF the case The only other testimony is that
OF people who claim 70 have been eyewitnesses to
the shooting This consists of statements by vari-
GUS people thai when they heard the firing they
looked out Of their windows and houses and down
dark alleys, where there were no lights at dis
tancss varying all the way from thirty feet up to
l9' feet and recognized the who doing
the nrng as negroes wearing the uniform OF United
States soldiers The officers of the battalion have
testified generally and specifically to the dark
ness OF the night. BY specifically 7 have
given specific incidents coming within their per-
SonaI experiences that illustrated how dark the
Language of Major Penrose the night was so dark
that he could not distinguish one Of his officers
who were all white men, from one OF the enlisted
men, who were all colored. n distance OF ten
feet nor could he at that distance tell anything
about how man dressed.
All these officers have testified thar rho clstr,s
of the citizens who testified that they saw the raid
ers ana recognized them soldiers at the distance
and under the circumstances stated by them are
utterly impossible These officers are intelligent
the case was only partially investigated they were
az the opinion, and frankly stated IT, that their
men were guilty. but that fact only strengthens
their testimony they give II that the testi-
mony Of the citizens by which they claim iden-
tify their soldiers IS utterly unreliable, untrust-
worthy and 10y them unbelievable
/ do not know whether any more testimony Will
be taken. and. of course do know II any should
be taken. just what Il viii he. and cannot there
fore with propriety predict ultimate results but
taken down o. this time utterly falls In my opinion.
10 show that the soldiers. any Of them, had any
thing whate"er to do with the shooting up Of
Brownsville"
force next Thursday. to deal with this subject at
some length