Warriors of Color Page: 76
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that the prisoner stole the coat in question, and sold it, before 8 o'clock in the evening;
this on the same day on which Privates Claggett and Thomas testify to his taking it out
of his quarters at about half past nine. I need not point out the glaring inconsistency
between the Sergeant's testimony and that of the two Privates. So here are three
witnesses, virtually the only witnesses, for the prosecution, not one of whose testimony
can be reconciled with that of either of the other two; in other words, there is not one
witness for the prosecution that is not contradicted by both the others.
Least I should be thought to infer too much to the disadvantage of the prosecution.
I would call your attention to a few other features of the testimony hardly less striking
and significant than those that I have pointed out. Privates Claggett and Thomas testify
that the prisoner left the quarters wearing the overcoat in question; Privates Harrison
and Dillard testify that he came out of the quarters without it. Private Claggett states
that when the prisoner returned after first going out it was to get a Mexican hat; Private
Thomas on the other hand, that it was to take off a Mexican hat and get his military
cap. Sergeant Jackson next testifies that he went out directly after retreat in search of
the prisoner and was gone until tattoo, without being able to find him and at the same
time testifies that between 7 and 8 o'clock that very evening, the prisoner offered him
a loan of money; he testifies moreover that he was in charge of quarters on the 8th when
Corporal Newman testifies that he alone was on that duty. Now I trust I have made it
plain that the prosecution, which is dependent wholly upon circumstantial evidence,
has not two material witnesses that can be credited. Sergeant Jackson certainly cannot
be and of the other two neither one can be credited unless the other is discredited. Which
one is to be credited and which discredited? The prosecution rests upon the testimony
of a single undetermined and indeterminable witness. Against this inconceivable
abstraction, this nonentity, I set in the mental, as I have set in the physical presence of
the court, the several real, tangible, consistent and competent witnesses for the defense.
Now as to the specification under the second charge, the prisoner, if guilty, is so in a
technical sense only. His offense was not intentional, he not knowing that he was
required to ask permission whenever he wished to leave his quarters, nor did he know
this when he entered the plea of not guilty. In regard to the specification under the third
charge, I have only to express my trust that the Court will give due weight and
consideration to the testimony offered by the prisoner in his own behalf. In conclusion
I thank the Court and the Judge Advocate for the consideration shown me.
Pvt. Scott Cain is another soldier who was a discredit to the Army. Therefore, we
cannot place his name on The Honor Roll of the Buffalo Soldiers.76
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Sayre, Harold Ray. Warriors of Color, book, 1995; Fort Davis, Texas. (https://texashistory.unt.edu/ark:/67531/metapth285883/m1/85/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .