Page:The Green Bag (1889–1914), Volume 12.pdf/205

This page needs to be proofread.
180
The Green Bag.

possessed the most valuable attribute of judi cial knowledge, — the power to see both sides of a question at the same time. Major Stotsenburg of the ist Nebraska, U. S. V., was a graduate at West Point of the class of 1877; a post-graduate at Fort Leavenworth. Promoted to the Colonelcy of his regiment, he fell at the head of his brave soldiers, April 23, 1899, at Ouinguay, Luzon, with these words which were a fair index of the man, " Push on, never mind me." He was an officer of merit; dignified, court eous and brave. Major C. U. Gantenbein of the 2d Oregon, U. S. V., was the Lord Mansfield of the commission. He possesses a fine judicial temperament, a thorough knowledge of the law, and made a most excellent member. He has recently been greatly honored by having been appointed by the governor of his state, Adjutant General. Captain Pratt of the 23d United States Infantry, was another regular army officer who added much to the dignity of the com mission in his thorough knowledge of mili tary procedure. The junior member of the commission was Captain Sanders of the 1st Montana, U. S. V., a graduate of Harvard Law school, who was prevented much against his wishes from see ing active service on the firing line by reason of his assignment as aid upon the staff of General Otis. The commission commenced its labors in the early part of October, and were in almost continuous session down to the time of the Filipino outbreak in February, and proceeded to try many cases, including murder, rape, conspiracy, and embezzlement in violation of the laws of war, and seditious libel. As Gen eral Otis well says in his report to the Ad jutant General of the Army, " This period was one of plotting in the interests of the insurgent cause, and men of every nationality appeared to be engaged in questionable en terprises promising individual gain." In all of these cases, the accused were

given the opportunity to prepare their re spective defences, permitted to have Ameri can lawyers, officers from the army, detailed as their counsel, who in every instance most loyally and ably defended their clients, and discharged their irksome duties with a faith fulness and zeal which is ever characteristic of the American Bar. The accused produced their witnesses, and cross-examined those on the part of the pros ecution. In fact the entire conduct of these trials partook largely of the procedure in our own Courts of Justice. The proceedings were novel to the many inhabitants of Manila. Crowds of Filipinos, Spanish mestizos, and Chinese, thronged the rooms of the Intendencia where the commis sion held its sessions, to witness these trials. The dignified body of officers listening pa tiently to the testimony, — the intensity of a Spanish witness who was determined to tell the truth, lent an interest to the scene which impressed upon those who were present that justice was being administered along differ ent lines than those to which they were formerly accustomed. One of the most important cases that was tried by the commission was that of three Spanish officers upon the following charges: Conspiracy in violation of the laws of war; embezzlement in violation of the laws of war. These officials had charge of the public prison in Manila. One of them was known as the Inspector of Prisons; the other as Captain of Prisons, and the third was the Adjutant. Their trial commenced on the 22d of No vember and lasted for a period of twenty-six days. The result had a beneficial effect upon the community at large. One of them was acquitted; two convicted and fined $2,500 in gold each and sentenced to im prisonment at hard labor for three years, which term was subsequently reduced to six months. When the United States took possession of the' public buildings of the city of Manila, they left in charge of them, many Spanish