REPORT OF BOARD OF INQUIRY. LETTER FROM THE SECRETARY OF THE NAVY, SENDING RECORD OF THE PROCEEDINGS OF THE BOARD OF INQUIRY CONVENED, IN ACCORDANCE WITH SENATE RESOLUTION OF JULY 16, TO INQUIRE INTO THE TRUTH OF CERTAIN ALLEGATIONS RELATIVE TO THE SHOOTING OF CERTAIN MEXICAN PRISONERS BY THE NAVAL FORCES OF THE UNITED STATES. AUGUST 3, 1914.-Ordered to lie on the table and to be printed. THE SECRETARY OF THE NAVY, MY DEAR SIR: On July 20, in response to Senate resolution of July 16, I forwarded to you copy of telegram from Admiral Badger giving the result of the investigation ordered by this department on the 9th of July with reference to the publication by Mr. Fred L. Boalt and alleging that Ensign Richardson had put into practice the law of flight. In sending you copy of that telegram, I stated that as soon as the full report had been received from the board it would be forwarded. I am sending herewith a full record of the proceedings of the board of inquiry convened on board the U. S. S. Texas at Vera Cruz, Mexico, by order of the Commander in Chief, to inquire into "the truth of certain allegations made by Fred L. Boalt, correspondent for the Newspaper Enterprise Association in Vera Cruz, relative to the shooting of certain prisoners by the naval forces of the United States during the occupation of Vera Cruz, on or about April 22, 1914." Very respectfully, Hon. JAMES M. BAKER, Secretary to the United States Senate. JOSEPHUS DANIELS. OFFICE OF THE JUDGE ADVOCATE GENERAL, 1. Respectfully submitted. 2. The following is a résumé of the facts in this case: (a) Mr. Fred L. Boalt, a duly accredited correspondent for the Newspaper Enterprise Association, arrives in Vera Cruz, Mexico, on May 2, 1914, some two or three days after the fighting was over. (b) On June 20, 1914, there appeared in the Memphis Press a dispatch from Vera Cruz under date of June 19, and under the name of Fred L. Boalt, which read in part as follows: AMERICANS SHOOT PRISONERS OF WAR-BOALT REVEALS HOW YOUNG ENSIGN TURNED LOOSE PEONS AND TOLD THEM TO RUN FOR THEIR LIVES-THEN ORDERED VERA CRUZ, MEXICO, June 19. When the Americans took Vera Cruz, an ensign, in his student days perhaps the best full back Annapolis ever had, had command of a squad of men who took many prisoners. These prisoners were corralled in a room. At a word from the ensign they were released and told to scurry for the next corner. Those who reached it in safety, in the opinion of the ensign, deserved to live. But very few did. The ensign applied the "ley de fuga "--the law of flight. The law of flight is not nice. The rules of civilized warfare forbid the application of the law of flight. But war is war; and one American naval officer did apply the law of flight. He admits it, boasts about it. Curiously enough his friends applaud him for it. Hundreds of American Army and Navy officers and men know that this ensign and his men applied the forbidden law of flight-made sport of prisoners of war and even noncombatants, giving them a flying start and "potting" them as they fled. I have been told that it was fun to see them run. (c) On or about July 6, 1914, Mr .Boalt states he was informed by the commanding general of the expeditionary forces in Vera Cruz that the War Department had ordered that he be deported in the next transport unless prior to the departure thereof he (Boalt) could prove the truth of the allegations which are set forth in the above-quoted dispatch. (d) On the same date Mr. Boalt addressed a letter to the commanding general requesting, prior to his departure, a full investigation of the incident discussed in the objectionable dispatch, and requesting an extension of the time of his departure in order to permit such investigation, in view of the fact that the next transport was due to sail on July 8. In this letter Mr. Boalt divulged the name of the officer to whom he had alluded in the dispatch, viz, Ensign William A. Richardson, of the U. S. S. Arkansas, and stated that he had obtained the story from the lips of this officer as well as from other naval officers. (e) Under date of July 9, 1914, the commanding general forwarded this communication to the commander in chief United States Atlantic Fleet, who, on the same date ordered a court of inquiry consisting of Capt. A. W. Grant, United States Navy, Capt. Thomas S. Rodgers, United States Navy, and Commander George C. Day, United States Navy, with Lieut. (Junior Grade) Nelson W. Pick ering, United States Navy, as judge advocate, for the purpose of inquiring into the truth of the allegations concerning the shooting of certain prisoners made by Mr. Boalt in the dispatch above quoted. A newspaper clipping from the Memphis Press of July 20, 1914, containing the dispatch, and Mr. Boalt's letter dated July 6, 1914, addressed to the commanding general, were made a part of the precept. (f) The court was ordered "upon the conclusion of the investigation to report its proceedings and the testimony taken, with a full statement of all facts which it deems to be established by the evidence adduced, together with its opinion as to what further proceedings should be had in the matter." The proceedings of the court were conducted in accordance with the United States Navy Regulations and Forms of Procedure which are issued by the department. (g) On July 12, 1914, the commanding general communicated the following order to each organization under his command: The commanding general desires to know before Tuesday morning, July 14, 1914, if any officer or officers of your command overheard or was present at a conversation between Ensign Richardson, U. S. Navy, and Mr. Boalt, correspondent, relating to casualties or killing of natives during the capture of Vera Cruz? (h) On July 14, 1914, the adjutant general of the expeditionary forces in Vera Cruz reported to the president of the court of inquiry as follows: In answer to the above, telephone messages have been received this morning from the commanding officer Fifth Brigade, United States Army, the commanding officer First Brigade, United States Marines, and the commanding officer Fourth Field Artillery, that none has been found who heard the conversation referred to between Ensign Richardson and Mr. Boalt. Every officer in the organizations (Army and Marines) has been informed of the desire of the commanding general for any information on this subject, without result. The intelligence officer at these headquarters, Capt. William A. Burnside, Infantry, unassigned, military attaché to Mexico, has also endeavored by every means of information available to him to find out if anyone could give him information so that he could locate parties cognizant of this alleged conversation. War correspondents and civilians have been interviewed with no result. (i) The court of inquiry met on the U. S. S. Texas at Vera Cruz at 10 a. m., Friday, July 10, 1914, and continued in session daily, forenoon and afternoon (Sunday excepted), until the afternoon of July 14, when the inquiry was completed. In the beginning the court decided to sit with open doors. The doors being opened, Ensign William A. Richardson appeared as the defendant and was represented by counsel, Commander D. F. Sellers, United States Navy. Mr. Fred L. Boalt then appeared and was informed that he was a complainant, and that as a complainant he was entitled to be present with counsel during the sittings of the court, and should he at any time become a defendant the court would so inform him. Mr. Boalt stated that he did not desire counsel. The precept was read; members, judge advocate, and stenographers were duly sworn; witnesses, pursuant to established procedure, were directed to withdraw, and the investigation began, Mr. Boalt, the complainant, being called as the first witness. After testifying, Mr. Boalt, though previously informed that he was a complainant, and entitled to be present during the sittings of the court, withdrew, and does not appear to have attended any sessions of the court until 2 p. m., July 13, 1914, when he appeared before the court in obedience to a summons. (j) The inquiry seems to have been most thorough. A total of 41 witnesses were examined, as follows: Commissioned officers of the Army. Commissioned officers of the Marine Corps__ Correspondents at Vera Cruz.. 28049 This list included the regimental and battalion commander under whom Ensign Richardson served while on shore, the petty officers who were under him during the capture of Vera Cruz, and officers of various ranks who testified as having frequently been ashore with Ensign Richardson at various times when at or around the tables where the conversation to which Mr. Boalt referred, is alleged to have taken place. (k) At 2.45 o'clock July 14 the inquiry was finished, the parties thereto withdrew and the court proceeded to consider, with closed doors, the evidence which had been adduced, and submitted the following statement of facts which it deemed to have been established: FINDING. The allegations and complaints made by Mr. Fred L. Boalt, correspondent for the Newspaper Enterprise Association in Vera Cruz, against Ensign William A. Richardson, United States Navy, were to the following effect: At First. That he, the said Ensign William A. Richardson, United States Navy, "when the Americans took Vera Cruz, * * * had command of a squad of men who took many prisoners. These prisoners were coralled in a room. a word from the ensign they were released and told to scurry for the next corner. Those who reached it in safety, in the opinion of the ensign, deserved to live. But very few did. The ensign applied the ley de fuga '-the law of flight. And one American Naval officer did apply the law of flight." Second. That "he (the same Ensign William A. Richardson, United States Navy) admits it, boasts about it." Third. That he, Mr. Fred L. Boalt, in a letter addressed to Gen. Frederick Funston, United States Army, stated that he (Mr. Boalt) "got the story from the lips of the naval officer who applied the law of flight in the taking of Vera Cruz." Of these allegations the court finds that The first is not sustained by the evidence adduced. There has been no evidence whatsoever presented to the court to prove that the acts therein alleged occurred, but, on the contrary, there has been overwhelming evidence adduced to prove that they did not occur. The second and third are not sustained by the evidence adduced. The evidence adduced to prove these allegations was given by two witnesses, Mr. Fred L. Boalt and Mr. William G. Shepherd. That of Mr. Boalt has been greatly discredited by his acts and statements made within the knowledge of the court since the sessions began. The newspaper men who have appeared before the court have generally condemned the methods of Mr. Boalt in this matter. The value of the evidence given by Mr. Shepherd has been greatly lessened by the testimony of a witness who is a recognized expert in Mexican affairs to the effect that Mr. Shepherd is a sensational, obnoxious, and dangerous newspaper representative. Against these allegations is the very positive testimony of the defendant himself and some 20 or 30 officers and others who have sat with him under the portales, and who have stated that they never heard him say anything of the kind. The allegations and complaints made by Mr. Fred L. Boalt, correspondent for the Newspaper Enterprise Association in Vera Cruz, against Ensign William A. Richardson's friends and "hundreds of American Army and Navy officers and men," whose names are not specified, were to the following effect: "Curiously enough, his friends applaud him for it. Hundreds of American Army and Navy officers and men know that this ensign and his men applied the |