Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-04-14
seuator Foraker Makes Careful
ANALYSIS Of Testimony TAX
en- in Investigation.
FAvoRS REIMBURSEMENT.
Purpose of Inquiry Not to Embar-
rass the President or to Make
Political Capital.
eeyiewed Various Incidents and Or
ders That Led Up to Mems Dis
charge without Honor.

washington, April 14.-A careful ana
,vsls of the testimony taken in the in
vestigation of the shooting up of
Townsville, Texas, Aug. 1874. 1906,
snd an argument IN favor of the re-
enlistment of the colored soldiers of
the Twenty fifth regiment, U. S. in
fantry. was made in a speech delivered
today by Senator Foraker Of Ohio.
The senate gave an attentive hearing
and the galleries were filed with Wis
itors.
PURPOSE OF INVESTIGATION.
Before entering upon this labor"
said Mr.. Foraker, 1T may not be amiss
10 remark, in view of the many mis-
statements that have been made, that
the purpose of this Investigation has
not been 10 embarras the president or
anybody else; nor has ii been to make
any capital of any kind, political or
otherwise. against anybody or for any
body
He said that the investigation was
10 find the facts and added that the
soldiers gave their evidence with such
straightforward frankness and with
such manifest truthfulness that nothing
remains to show their complete vindl-
cation except only the discovery OF
the real culprits," which time will
surely make unless the adage that
murder will OUT has ceased to be a
truth
The senator reviewed the various in
cidents and orders that led up to the
discharge of the men without honor.
Most OF the witnesses against the SOL
diers, he said, testified four different
times.
Their testimony so given is suffici-
entity contradictory TO show that it is
unreliable" he said, but, aside from
the contradictions on account of the
darkness OF the night, many things
that they testified to could not have
Yossfbly been observed by them"
EYE WITNESSES " TESTIMONY.
Connecting for the sake OF argument
uulhfuly, the fiifnsy and unreliable
character OF the whole OF 1t is fairly
Indicated by the testimony of the four
principal so-called EYE Witnesses
Without their testimony there is no
cTeditable evidence whatever to sup
port the charge that the first shots
were 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 Of the men of the battalion that
the shooting commenced at some point
outside the reservation stands practi-
caly uncontradicted."
The circumstantial evidence against
the soldiers, concerning the shells and
bullets after the shooting, turned out,
Mr. Foraker declared, to be favorable
to them because of the impossih'lity
for them TO have had such ammunition
without the fact being developed in the
examinations that were made.
Besides this, no adequate motive
In fact, no motive whatever-is shown
for such an assault on the town.
The evidence shows that the soldiers
irequented the saloons but very little,
and that they never made any COM
paint to their officers or anybody else
on account of being debarred by somo
Of the saloons of Brownsville from
drinking at the same bar with white
people"
CHARACTER OF SOLDIERS.
Ahc IhdIdCLoI Oh lne SOiuleI5t ne sdlu'
was good, which should greatly
strengthen the presumption of inno-
eence. All had expressed themselves
under oath and In no case was there
any contradiction In their testimony.
All their officers, he added, believed
their statements were true.
while the colored soldiers could not
secure extra ammunition the citizens
OF Brownsville, he said, had in their
possession an abundance of the kind
ol ammunition with which the soldiers
haa been supplied. every cartridge of
which they had accounted for on the
Jay following the affray.
DIT Foraker compared bills pending
4elore the senate providing for the en-
nsunent OF tho soldiers one introduced
ny senator Warner of Missouri, giving
we president authority to re- enlist
mem II he should be satisfied that they
uiu not participate in the affray, and
lhal by Mr., Foraker making re-enlist-
1leht mandatory upon the soldier talk
Ne an oath that he had not particle
pa,ea or did not know any OF guilty
paIues concerned in the ARRAY. Mr..
poraRers bill annuls the record of dis
Snarge without honor % provision not
n.r'uded In the Warner bill and anuls
mp Presidents order debarrinng the
THE WARNER BILL.
regarding the discretion given tho
PRESIDENT IN the Warner bill he said:
al AHH II we are to be further remind
AZ as we have been. that the presl-
ANY the COMMUNICATIVE chief OF the
V'py' II Is sufficient answer that while
r, Vue' II Is also true that he does
IVY create the army II Is not for him
iia ''S VINO snail not enlist or shall en-
'9S ,, All that belongs 10 Congress.
n,oio pass such a bin would be but
I,V.endlhg TO grant relief, for manifest
=" none would follow.
a., uuf action would but add insult 10
1H'Juiy' II would be without precedent,
~, may be safely asserted that never
uly M mo history OF civilization has
81 legislative body been invited 10 re
lure men accused OF crime TO prove
rF innocence before a hostile Judge
enm9 has already adjudged them guilty;
NV never before has there been sug-
S,S9llun That any man worthy TO sit IN
nutlheht on the rights Of his country
In would accept such duty, II as
,N,eu nun, II conscious OF having the
"esnnlesl prejudice against the accused.
,utpy What right does the senator from
cseselr assume that the president h
ely? "'""''N'' ''"F'f
ne yllest horse thief. the most dan
SIRIUS burglar or the bloodiest murder
M "uuld not be required either 10 prove
,p innocence or 10 submit 10 a trial