Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-14

fed TO by these witnesses could not have
possibly been observed by them.
Further commenting on the nature or
he testimony given. he said:
1T is unnecessary to go over this evil
ience i'm detailed way. for. conceding for
the sake of argument that the witnesses
undertook to testify truthfuly. the himsy
and unrelia BILE character of the whole of
IL is fairly indicated by the testimony
of the four principal so-called eye-wit-
nesses.'
Without their testimony there Is no
credible evidence whatever to support the
charge that the fist shots we've fired from
the barracks or from any place within
the reservation or that there was any
jumping over the wall by anybody.
Without the testimony of these four
witnesses the testimony Of the officers
and the men % the batia ion that the
shooting commenced al some point out
side the reservation stands practically
uncontradicted.
No Motive Shown.
Taking up one phase of the testimony
= fter another Mr.. Foraker commented
upon il in great detail, The crcumstan-
tial evidence against the soldiers concern
ing the shells and bullets found after the
shooting he declared, turned out to he
favorable tn them because of the impos-
sibi!ity for them to have had such am
munitIon without that fact being deNe =
oped in the examinations that We're made
The case against the soldiers. he 50 id.
falls in another important part ;cular.
No adequate motive--in fact. no motive
whatever-is shown for such an assault
upon the town.
The evidence shows that the soldiers
frcoucnted the So looms but very little and
that they never made any complaint TO
their officers or anybody else on account
OF being dsharred by some of the saloons
Of Brownsville from drinking at the sa me
bar with white people.
The character of the soldiers. he said.
was good. They mad never given Their
officers any trouble. This good record. he
said. should greatly strengthen the pre-
sumption of innocence. All had expressed
themselves under oath and in no case. he
.aid. is there any contradiction in their
testimony. The officers he added. knew
the mon better thany any one else. and oil
of them believed their statements were
true.
Townsmen's Ammunition.
While the colored soldiers could not Sc
cure extra ammunition the citizens of
Brownsville. he said. had in their posses
sion an abundance of the kind of ammu
milton with which the soldiers had been
supplied. every cartridge of which they
had accounted for on the day following
the affrsy.
Mr. Foraker devoted considerable time
to a comparison of bills pending before
the Senate providing for the enlistment of
the soldiers. introduced by Senator
Warner of Missouri giving the President
uthority to re-enist them if he should
he satisfied that they did not participate
in the affray. and that by Mr.. Foraker
making re-cnlistment mandatory upon
the soldier taking an oath that ne did not
participate or know anything of the gull
~ part es concerned in il. Mr. Foraker'S
bill also annuls the record of discharge
without honor. provision not included IN
The Warner bill and annuls the Presi-
dents order debarriDg the men from en-
listmcnt in the navy, and restores the
non commissioned officers TO the rank
they formerly had
Regarding the discretion given the
President in the Warner bill he said:
And If we are TO be further remind
ed. as We have been. that the President
is the comma nder-in-chief of the army
il is a sufficient answer that. while it is
true Yet also 1t is true that he does not
create the army. 1t is not for him to
say who shall enlist or re-eniist. All
that belongs to Congress.
I'm short. there is no excuse what
ever for such bill To pass it would
be but pretending to grant relief, for
manifestly none would follow.
"A Hostile Judge
Our action would but add insult TO
injury. 1t would be without precedent.
for it may be safely asserted that never
before in the history of civilization has
a legislative body been invited To re-
quire men accused of crime TO prove
their innocence before a hostile Judge
who has already adjudged them guilty.
and never before has there been a sug-
gestion that any man worthy 10 sit in
Judgment upon the rights of his coun
trymen would accept such a duty if as
signed him. il conscious OF having the
slightest prejudice against the accused.
BY what right does the senator from
Missouri assume that the President is
capable of such a manifest improperly?
The vilest horse thief, the most
murderer would not be required either
to prove his innocence or to submit to
trial before a Judge who had N even
the most casual way expressed the
opinion that the defendant was guilty
Praise for Soldiers.
He concluded with complimentary
reference TO the colored soldiers.
They are he said typical repre-
sentatives of a race that has ever been
loyal to America and American insti-
buttons; race that has never raised
hostile hand against our country's
flag: a race that has contributed to the
nation tens of thousands Of brave de-
tenders. not one of whom has ever
turned traitor faltered in his fidelity.
In every war in which we have per
mitted them to participate they have
distinguished themselves for efficiency
and valor. They have shed their blood
and laid down their lives in the fierce
shock of battle. side by side with their
white comrades
They are the direct and worthy sue,
cessors o. the brave men who 30 hero
icaIly died at Petersburg. at Wagner,
and on scores of bloody fields that this
nation might live.
Faithfully uncomplainngIy with
pride and devotion. tney have per-
formed all their duties apd kept all
their obligations.
They ask no favors because they are
negroes. but only for Justice because
they are men,.
MRS. THAW'S SUIT.