The Washington herald., 1908-04-15

not only a restoration Of their good
names. but also Of valuable property
rights, to all Of which they are con-
fessedly entitled, II not found guilty of
crime They should not be dealt with.
therefore in the dark, as though lot OF
chattels, for hat day for the American
negro has forever passed but as Ameri-
can citizens, entitled TO the same rights
white men would have under the same
conditions.
In so far as we are 10 be governed
by the fact that they We're soldiers and
may be soldiers again, we should renlem-
Der, as Secretary Taft said of the white
i5oldiers who shot up the town of Athens
lOhio, that they are, in a sense, the wards
of the government, and for that reason
entitled, under such circumstances, 10
the protection of the government In ali
their bgal rights And If we are TO be
further reminded, as we have been, that
the President is the Commander in Chief
lof the army. it is a sufficient answer
that, while that is true. yet also it is
true that he does not create the army.
II is not for him 20 say who shall
enlist or re-enlist. All that belongs TO
/ Congress.
Claims Bill would BE Useless.
In short. there IS no excuse whatever
for such a bin To pass it would be
but pretending 10 grant relief. for mani
festly none would follow.
our action would but add insult 20
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 require
men accused of crime to prove thei.
Innocence before a hostile Judge who has
already adjudged them guilty: and never
before has there been a suggestion that
any man worthy TO sit IN judgment upon
the rights Of mis- countrymen would accept
such duty II assigned him. II conscious
or 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 impropriety?
The vilest horse thief. the most dan
gerOus burglar. or the bloodiest murderer
would not be required either to prove his
innocence or TO submit 10 a trial before
a judge who had IN even the most casual
way expressed the opinion that the de-
fendant was guilty.
Such performance would be Justly
denounced as a denial OF one OF the most
sacred rights of citizenship and a lasting
disgrace to the Judge who perpetrated H."
No Attack Intended.
Senator Foraker began his speech by
stating that newspaper dispatches from
Washington had erred in declaring that
his remarks were 10 consume three davs
and that he would make a bitter attack
on the President and the Secretary OF |
War.
Il Indignantly deny he said, ali those |
statements. / never was accused before !
Of making a three-day speech, and have /
no purpose nor occasion 10 attack either /
the President or Secretary Taft. I simpiv 1
want to present TO the Senate the facts in 4
regard 10 this unfortunate affair as pre- /
sented % the committee during the in I
vestigation.'
Then the Senator went In detail into
the investigation and with various "ex-
hibits" before him. in the shape OF cart
ridges. cartridge-clps and printed en-
largements Of microscopic data upon the
bullets found IN the streets OF Browns
vile. went, step by step, over the entire
investigation and with the ability OF a
trained lawyer proceeded to tear down
all the testimony against the negro SOL
diers which had been given before the
committee. He endeay0red 10 show that
none Of the witnesses who gave direct
testimony 10 the effect that they had
seen and identified the raiders as soldiers
and negroes could have been correct and
invited Senators to investigate for them
selves by endeavoring on any dark night /
in Washington 20 distinguish between a
white and black man across the street
or tell at such a distance what sort OF
clothing any one was wearing.
Discusses the Probabilities,
Having disposed TO his satisfaction of
the testimony given at the trial. Mr.. L
Foraker proceeded to discuss the probable
tiles OF the case. He said. in this con-
nection:
"To any mind at all familiar with
human nature and able to reason as TO
the probabilities of human action, there
s testimony Of the strongest character in
favor OF the soldiers in the striking i'm
probability Of the whole theory OF their /
guilt.
''Is 1t probable that men Of the char {
acter the testimony shows these men to /
be would deliberately plan such a con
spiracy? And If they had ability enough ,
10 plan and execute such a conspiracy.
would they be stupid enough to enter I
upon Its execution by breaking open their /
gun racks, as they did in Company c.
and by firing from their rear porches as
[ is charged they did in Company B. or ,
hat they would be firing from within the /
grounds. on which they would
remain until by such firing and such
operations they had aroused the whole
-Own. and directed attention to them I
selves, thereby fixing their identity as
soldiers; and that when they had thus (
1xed attention upon themselves. and not
before, they would. in the presence OF I
he aroused citizens jump over the wall ,
II the reservation and start on their err !,
and OF outrage and murder?
Bungled Work, If Guilty.
rs it reasonable to suppose that if the ,
'aiders were soldiers they would have :
firing anywhere in the vicin-
ty Of the reservation It must be re-
nembered that it is the theory of those
Who believe in their guilt that operations
we're commenced in this bungling man. !
ler and their proceedings were so
arefully planned that, although they
lad accessories before the fact to en- S
bile them to secure their guns and PASS {
he guards and accessories after the fact c
o enable them to return, clean their u
uns, and otherwise deceive their officers 6
ct all commemorative President thinks
he great majority OF the battalion-have b
o carefully guarded the secret thst no n
ne has allowed a single word or hint to S
scape that even tends to convict. Such n
ecreey would be utterly impossihle: but a
is. If it were possible. utterly incon- &
e
he Newest Conceptions +