Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1910-04-16
FLEA FOR SOLDIERS
Closing Argument Heard in Browns
vile Army Court.

END OF the longdravn-cut military
investigation of the shooting up" of
Brownsville. Tex, in August, 1906.
The Investigation has been conducted
by an army court of inquiry, of which
Lieut.. Gen. Young retired. Is chair
man, and has been in progress al
most continuously since April. 1903.
The opening argument was made by
Brig. Gen. A. S. Daggett. U. S. A.
retired.
Gen. Daggett represented the dis.
charged soldiers and made an earnest
appeal In favor of the re-enlistment
OF those who had shown by the only
possible evidence that they had not
participated in the raid and had given
the court every bit OF information
they had bearing on the subject.
1t has been claimed" said Gen.
Daggett, that the discharge of these
men without honor was not pun
ishment. but simply a removal Of bad
men from the army.
These men were charged with
committing. or concealing knowledge
of. an atrocious crime. II was a crime
that would brand the perpetrators
with tnfamy and follow them and
their families forever. They were
discharged without honor for this
crime by the authority TO which the
offender is subject Men can endure
the loss Of fortune. friends. family
life Itself; they cannot bear disgrace
How much better IL would have been
for them IL they had been killed in
battle. Some of these men had served
their country long and faithfully and
honorably. They had endured hard
ship and exposed their lives in bat
tie. They were looking forward. as
they had a right 20 do. TO an honor
able retirement, aud a happy home
during the remainder OF their lives
DISGRACE WORSE THAN DEATH.
'Bvery member OF this court has
held q commission in the volunteer
service. Which one would not rather
have been killed in battle. or any
other way. than have been dis
charged without honor? And yet IL
has beon claimed that these soldiers
have not been punished. But the def.
milton OF punishment includes the
word loss One ef these men would
have been entitled to retire in less
than two years on a comfortable
support for himself and family. At
one stroke he is deprived OF this
right. AZ an advanced age of life.
with a family TO support, unaccus-
toned TO the ways OF earning a liv.
ing in civil ife. he is thrown out on
the cold. merciless world.
Others. with various periods or
service. looking forward TO the same
privileges. suffered the same treat
ment. And yet IL has been claimed
that they were not punished. ~.
1t has been claimed again that
the discipline OF the army required
the discharge Of these men without
honor IL is fortunate that / am
speaking TO old army officers on this
subject. I think all will agree that
the company commander has the best
opportunity of any oficer In the army
10 know what discipline 10 and how
60 attain IL. The greatest stroke for
the discipline OF the army that could
be struck today would be 60 show
the army that justice shall be meted
out 60 these men of the 25th Infantry.
Punish the guilty, II there are any.
restore the innocent to all their
rights. II no guilty can be found. be
governed by the rule OF law. that a
man is innocent till proved guilty.
Better that 100 guilty escape than
that one innocent man be punished
is TIE adage. We have no right to
punish the innocent with the guilty.
No eKigency can Justify It.
DECLARES EVIDENCE LACKING.
Bot suppose some OF the soldiers
did the shooting. VINO were they?
What individual is there against
whom there is a spark of evidence2 III
is very important for these men that
they be restored 10 duty. But IL is
more important for the army that
innocent men may rest in the con-
seriousness that they Will not be
thrown out suddenly and disgraced
forever IL is still more important
for the country. 1t cannot afford TO
stand sponsor for the errors of the
servants. however, we'll intentioned
they may have been. IL shows the
nobility OF a man to right a wrong.
How much more a government?
Alike. whether IL be done unto a
nation or man.
All witnesses who heard bullets
that night. whether passing up the
streets of Brownsville or over the
barracks and parade ground, de
scribed the sound as a 'whizzing,
-whirr1ng' sound. Not one OF them
described il by the word pop
which Is the only word that can de
scribe the sound of the Springfield
rife bullet. This is nearly conclu-
siVe that these bullets were not fred
from the Springfield rifle. Before the
microscopic inspection OF the shells
they were the strongest evidence
against the soldiers. Since that in
spection they have become the
strongest evidence OF their innocence.
1T is a principle OF American and
English law that a man Is innocent
till proven guilty. 1t is an axiom OF |
American and English law that the |
law will not exact responsibilities
It has been said that these men must
prove their innocence. Well. what
can they do? How shall they do It? |
Nearly every man In the battalion
has testified that he does not know |
of any soldier who was engaged In |
the shooting.