Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-26
Lawyer for Discharged Negro
Infantrymen Criticises.
REFUSES TO ARGUE CAUSE.
Secretary Dickinson's Instructions
Improper, Marshall Asserts.
RECORDER DERELICT, HE SAYS
Has Produced No Evidence Favor
able to Men Seeking Vim
dication.

Something Of a sensation was pro-
duced during the closing sessions of
the army court Of inquiry which is In :
vestigating the Brownsville raid OF
August. 1906. by statements made by u
b. Marshall Of the Washington bar.
who was associated with Brig. Gen. \.
r. Daggett, Z. S. Army, retired. as
counsel for the negro soldiers seeking
restoration to the army
Attorney Marshall declined the offer
of the court to submit an argument on
the general ground that it would serve
no purpose and implied broadly that
the court had been improperly in
structed by the Secretary of War, and
that the recorder Of the court, Capt.
Charles r. Rowland, 21st Infantry, had
made no effort to produce any evidence
favorable to the discharged soldiers.
Basis for Defamation.
In declining to argue the case Mr..
Marshall gave two specific reasons as
follows:
First. Because the procedure adopt
ed by the recorder (Capt. Howland). and
acquiesced in by this court, leaves it
undetermined in my mind whether this
court is court of inquiry or court
martial; or, in other words. whether
eating officer or prosecuting officer.
Second. Because the instructions Of
the Secretary of War to this court con-
fiict SO fundamentally and totally with
my legal training as to make 1t impos-
sible for me to build an argument
which would attempt to prove
For these reasons" said Mr.. Marshall.
to your merciful consideration For.
in all honor, this honorable court is
bound by the limitations imposed by
the authority from which it's instruc-
lions proceed.
What Record of Court Shows.
1.-THE record of this court will show
that I offered to produce testimony of
an affirmative and positive character,
(persons not in the military service of
the government in and details Of an
alleged conspiracy to commit this
.'The record of this court will also show
that no effort has been spared to pro-
duce before this court evidence. no mat
ter how fimsy or circumstantial, which
might in the slightest degree tend to
demonstrate the guilt OF the men who
formerly defended the flag and the honor
Of this, our common country.
The particular instructions given by
Secretary Dickinson to the court at the
outset of the investigation. to which Mr..
Marchall took especial exception, are as
follows:
such conclusions as may be reached
by the court in respect to the eligibility
for re-enlistment of the former enlisted
men of the 18th Infantry. at Browns
vile, who were separated from the mill
tary service In the operation of dis
charges without honor. should be afirma-
tive and positive in character and based
upon such preponderance Of testimony as
will support its specific finding"
No Infantryman INDICATED.
The court listened to the lawyers re-
marks without comment, and arranged
to sit again next Monday to hear the
closing address of Capt. Rowland. which
will include q summary of the evidence
submitted to the court together with his
conclusions thereon.
It is understood that he will claim that
the evidence showed conclusively that the
shooting up of Brownsville was done
by the soldiers of the 18th Infantry. and
that NOT a single one Of the number eX-