The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-04-14
Who We're Discharged fol
Shooting Up Brownsville.
NO EVIDENCE SAYS
Worthy of Attention Was Pro.
duced Against Them.
Pays a Glowing Tribute to Pa.
triOtism of the Race.

| analysis of testimony taken in the in
Vestlgatlon of the shooting up of
Brownsville August 13-14, 1906, and an
argument in favor of the re-enlistment
| of the colored soldiers of the Twenty
fifth regiment, United States infantry.
| was made in a speech delivered today
| by Senator Foraker (O)
The senate gave an attentive hearing
and the galleries were filled with vis-
itors.
Before entering upon this labor"
SAID Mr.. Foraker, cit NAV not be amiss
to remark in view of the many mis-
statements that have been made thai
| the purpose of this investigation has
| not been to embarrass the president or
anybody else; nor has it been to make
| any capital of any kind, political or
otherwise, against anybody or for any,
body"
He said that the investigation was to
| f1nd the facts and added that the SOL
diers gave their evidence with such
straightforward frankness and with
such manifest truthfulness that moth
ing remains to show their complete
vind1cation 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 suffi-
GENTLY contradictory to show that it is
unreliable" he said. ttBut, aside from
the contradictions on account Of the
darkness of the night, many things
that they testified to could not have
positively been observed by them.
Eye Witness Testimony.
"Conceding for the sake or arguments
that the witnesses undertook to testify
truthfully, the f1imsy and unreliable
character of the whole Of it is fairly
indicated by the testimony of the four
principal so called eye Witnesses
Without their testimony there is no
creditable evidence whatever to support
the charge that the first shots were
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 of the battalion
that the shooting commenced at some
point outside the reservation stands
practically uncontradicted.'
1.-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 impossibility
for them to have had such ammunition
without that 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
frequented the saloons but very little
and they never made any complaint to
their officers or anybody else on ac-
count of being debarred by some of the
saloons of Brownsville from drinking
at the same bar with white people"
The character of the soldiers, he said,
was good, which should greatly
strengthen the presumption of in
nocence All had expressed themselves
under oath and in no way was there
contradiction in their testimony.
Officers Believed Them.
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
diers had been supplied, every
cartridge of which they had ac-
counted for on the day following the
affray.
Mr.. Foraker compared bills pend
ing before the senate providing for
the enlistment of the soldiers, one in
troduced by Senator Warner of Mis-
souri,, giving the president authority
to re-enlist them if they should be
satisfied that they did not participate
in the affray and that by Mr.. Foraker
making re-enlistment mandatory
upon the soldier taking an oath that
he did not participate or know any
thing of the guilty parties concerned
in it. Mr.. Foraker's bill also annuls
the record of discharge without
honor, a provision not included in the
Warner bill and annuls the presidents
order debarring the men from en-
listment in the navy.
Regarding the discretion given the
president in the Warner bill, he said:
'And if we are to be further re-
minded as we have been, that the
president is the commander in chief
of the army it is a sufficient answer,
that it is true. 1t is also true that
he does not create the army. 1t is
not for him to say who shall enlist or
re-enlist. All that belongs to con-
gress.
Only a Pretense.
"To pass such a bill would be but
pretending to grant relief, for mani
festly none would follow
"Our action would add insult to in
Jury 1t would be without precedent,
| for it may be safely asserted that
never before in the history of civiliza-
ton has q legislative body been in
vited to require men accused of crime
to prove their innocence before
hostile judge who has already
adjudged them guilty; and never be-
fore has there been a suggestion that
any man worthy to sit in judgment on
the rights of his countrymen would
accept such duty if assigned him. If
conscious of having the slightest
prejudice against the accused
by what right does the senator
Q