Evening star., 1909-06-04
President Wants Matter Settled Fair
ly and Finally.
COURT TO MEET IN AUTUMN
Under Martial Law and by Retired
Coming to Testify.

Theodore Roosevelt, an order which
caused as much contention as anything
that President Taft's predecessor ever did
the members of the 25th United States
Infantry-the black battalion. who,
charged with shooting up the town of
Brownsville, Tex, were dismissed with
out honor from the United States Army.
When they come to Washington they
will come for the purpose of testtfying
before the court Of inquiry appointed by
President Taft in pursuance to an act OF
Congress to reopen and rehear their cases.
The decision of this commission will be
final. The members Of the black battal-
ion will be tried under martial law by a
court composed Of retired generals of the
army. and the decision of that court will
be final.
II want this Brownsville matter settled
finally" President Taft has declared. mo
question Of race Is to enter into it. No
political influence shall be brought to bear
upon it. The law in the case and the
evidence shall determine the result. Once
the court of inquiry has arrived at
verdict the case will never be reopened
while l am President"
President Taft's Position.
1.-The law in the case and the evidence"
That is the pronunciamento of William
Howard Taft. He Is not to be swerved by
either side. Neither the negro-haters nor
those politicians or philanthropists who
utilize the negro question for personal
ends or personal vanity will have any
standing in the forthcoming court of In
quiry.
"A square deal is all we ask said
prominent negro attorney who is inter-
| ested in this case. land we believe the
President intends to give 1t to u.s." There
is where the situation rests at this time
and all who are really interested in 1t
appea- satisfied.
The court of inquiry is composed of
Gems Young. Price, Wilson, Sanger and
Swan with Capt. Howland as inquisitor.
The inauisitor of a court of inquiry is
not by the way, a prosecuting attorney.
He is an inquirer. as his title suggests.
and is supposed to get at the truth from
as unbiased standpoint.
Court at Work a Month.
This court has been at work a month,
with Headquarters at 17O3 New York ave-
nue.. Up to date it has been engaged
In studying and digesting the mass of
evidence in the Brownsville case as here
tofore presented. This testimony takes
up 5000 printed pages. Sections of it are
given out to each member of the court
every week. He takes 1t home and studies
it and discusses 1t with the other MEM
berS of the court at the regular weekly
meeting. When all this evidence has been
carefully studied by the members of the
court, the court will be ready to reopen
the case and hear frSt-hand testimony
from both sides. -
But where are the members of the black
battalion2 What has become of the le-
gion that was but is no more, as far as
the rolls of the United States Army are
concerned? All but three are alive. And
all of that number but seven can be
quickly reached.
When the soldiers Of the 18th Infantry
were dismissed, what has become known
as the Brownsville defense was organ
lied. The organizers were members OF
the Constitution League Of New York
They set aside sum of money, which
was added to by voluntary subscriptions
and placed two negro attorneys in charge
of it. They are GiIchrist Stewart of New
York and Napoleon Bonaparte Marshall,
a native of the District of Columbia and
a graduate of Harvard. Marshall, until
recently. has lived in Boston. While at
Harvard he was a crack quarter miller
and ran on the track team. With Stew
art he now makes Washington his head
quarters.
Work Of Stuart and Marshall.
Stewart and Marshall will be represent
ed in the. coming hearings before the
court of inquiry by Gen. A. S. Daggett,
U. S. A., retired, who will act as senior
counsel during the proceedings, having
been retained because of his knowledge
of military law.
Stewart and Marshall have followed the
Brownsville case closely since the begin
ming. AS soon as the trouble arose they
went to Texas to get evidence. They
disguised themselves as day laborers and
counted on getting into Brownsville with
out detection. But that was time when
| plns ocvafn hni ont md
just outside of Brownsville they were
warned by friends of the discovery of
their identity and advised not to enter
Brownsville. They needed the warning
and went on to Ell Reno, where they
were visited by the soldiers and their
friends and given aff1davits regarding the
reasonable doubt phase of the cases
which, 1t will be recalled, formed the
diers. Later they obtained a contradic-
ton at Monroe. Ga. from Boyd Conyers,
one of the soldiers. OF a confession of
guilt, said to have been obtained from
him by one of the detectives employed
by the government to gather evidence in
the cases.
In the hope that the case would be
reopened the Brownsville defense has
been In operation all the time. Stewart
and Marshall have their Headquarters AT
9o2 street northwest, and are in con-
slant communication with nearly all of
the discharged soldiers
Plenty Of Money at Start.
In the first flush of enthusiasm and
sympathy for the black battalion the
Brownsville defense received plenty of
money. Everybody who was interested
in the negroes was anxious to contribute
and did so. The money was spent in va
rious ways. Later 1t became a hard mat
ter to get enough funds to carry on the
work and recently-for more than a year
past, In fact-Stewart and Marshall have
had barely enough money to pay ex-
penses. They received no compensation
whatever for their services. nor have they
made any effort to procure contributions.
Their work has been done quietly and ef-
fectively.
| What is this work, is the question that
Is naturally asked. Why should 1t be
necessary.
When the members of the a5th Infantry
were discharged they were, most Of them,
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