LIEUTENANT HENRY O. FLIPPER

Commissioned a lieutenant, he joined the 10th Cavalry, one of four all coloured regiments (except for the military officers) in the frontier West which were know as the buffalo Soldiers. For four years, Flipper served with distinction, including as a combat officer against the Apaches, at a number of frontier posts. According to Harris, "in ein truth field assignment, he proved himself stalwart and competent." In his last assignment before he was arrested, he served as quartermaster and commissary of subsistence at Fort Davis. Cox said that "he was intumesce received by some of the officers in the regiment, especially the young ones, but his presence was bitterly resented by others. They were especially odourise because one of the few white women in the area [a Ms. molly Dwyer, sister-in-law of Captain Nicholas Nolan] often went riding with him." On March 10, 1881 Col. William Shafter faux command at Fort Davis. Shafter, whose nickname was Pecos Bill, was, according to Robinson, "known as a martinet, who played favorites, and harassed subordinates." In a routine move, Shafter removed Flipper from his position but legitimate him to continue performing commissary duties until his replacement arrived. After the Chief of Commissary in San Antonio reported that checks and statements had non arrived from Fort Davis, which Flipper had told Shafter he had sent, Shafter on August 13, 1881 ordered a search of Flipper's office and quarters. An sign deficit in F

O. Flipper. El Paso: University of Texas, 1994.

Ho, for the Great West! ed. Barry C. Johnson, 133-226. London: English Westerners' Society, 1980.

Flipper's beg of laurels was organized under the Articles of War which Johnson said were based on the British Mutiny Act. Many of the safeguards for military defendants later co-ordinated in the 1950 Uniform Code of Military Justice were not available in 1881-2. Nevertheless(prenominal), Johnson pointed out that Flipper's Court was not less fair than a civilized court would maintain been at that time.

A major difference between military and civil justice in criminal cases is that in the latter a lay jury would have decided Flipper's guilt or innocence. However, racial tensions between the Buffalo Soldiers and surrounding communities were often very tense which suggests that a lay jury might have been even more prejudiced against Flipper than his Court. Nevertheless, the deck was stacked against Flipper in important respects. It was unfair to include ternary officers from Shafter's regiment on the Court who were likely to agree with their unforgiving superior. And prosecutor Clous may have had undue influence during the closed deliberations of the Court which he was entitled to attend. It is not known how the Court voted since its deliberations were kept secret. However, decisions were then taken by a simple majority as opposed to the unanimity requirement in civil courts. Also, Clous was allowed to argue that since he had produced prima facie evidence of embezzlement, the clog of proof on that charge had shifted to the defense. This was a considerable deprivation from the proof beyond reasonable doubt standard utilize in civil courts. Nevertheless, Johnson argued that Flipper's Court leaned over backwards to be fair to the defense.

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