Richmond planet., 1910-04-30
Basis for MarshalI's Declination.
MAY 1T PLEASE THE COURT:

MAY 1T PLEASE THE COURT:
The oldest and strongest presump-
tion known TO the common law OF
England and adopted by our country
as the most sacred and inviolable cor
nerstone OF its criminal jurispru dence
is the presumption in favor OF inno-
Cence OF crime. In a comparatively
recent decision in Persons VS.. State.
80 Tenn, 291. IL was held that no
presumption in a criminal case can
be allowed 90 operate against the
presumption OF the innocence Of the
defendant. There are no decisions.
federal or state, 20 the contrary: and
my departure from this basic princi-
pie might well be regarded as alarm
ingly subsersive OF our system OF gov
eminent. I. therefore. decline 10 sub
nit an argument 20 this Court for
two specific reasons: First, because
the procedure adopted by the Re
corder, and acquiesced in by this
court. leaves II undetermined in my
mind whether this is court OF in.
Quiry or a court-martial; or. in other
words. whether the recorder is an
impartial investigating officer or a
prosecuting officer. Second. because
the instructions OF the Secretary OF
War 70 this court conflict so funda-
mentally and totally with my legal
training as 20 make Il impossible for
me 70 build an argument which would
attempt TO prove a negative.
NO PROOF OF GUILT OF A SINGLE
SOLDIER.
For these reasons can neither ar.
que nor can ] appeal 10 your merci.
ful consideration; for ia all honor
this honorable court is bound by the
limitations imposed by the authority
from which its Instructions proceed.
! can simply submit that the evidence
before this court fails entirely TO
prove the guilt OF a single soldier OF
companies B, G and ID, 25th L. :. In.
fantry, discharged for alleged com.
plicity in the shooting up OF Browns.
vie, Texas. on the night OF August
1914, 1906.
RECORDS HIS OWN CONVICTION
THERE is no GUILTY SOLDIER.
And in this connection I desire TO
record the fact that I have for over
three years diligently and honestly
striven 10 ferret out the persons en-
gagged In this crime and that not.
withstanding the fact that L have had
close personal contact with nearly all
the soldiers discharged as aforesaid.
have never adduced one clue which
might lead 20 the Identification OF a
m In
Investigations have tended to the
conclusion that the shooting up OF
brownsville was not an ARRAY, but
crime committed by persons not
IN the military service of the United
states Government. The record of this
will show that / offered to produce
testimony OF an affirmative and posi-
tive character giving the names of
the participators in. and the details
OF an alleged conspiracy TO commit
this crime.
The record OF this court will also
show that no effort has been spared
10 produce before this court evidence
no matter HON fiimsy or circumstan.
tial, which might in the slightest de.
Sree tend to demonstrate the guilt
OF the men who formerly defended
the flag and the honor of this. our
common country. And yet I am not
complaining for / have infinite faith
In the judgment OF a Divine Provi-
dence which. in the final analysis.
holds for naught the judgments of
mortal man and scorns of sophistry
that although the integral parts of
a given body may be innocent; the
whole must be guilty. Truth crush
ed TO earth shall rise again"
n. b. MARSHALL.
Washington, ID. c.