The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-05-19
The MIX-nOLT CASE
PRESIDENT SEEMS TO HAVE GONE
OFF AT HALF-COCk.
HIS DECISION CRITICISED.
AL THE FACTS APPEAR TO BE IN
MIR. MIX'S FAVOR.


thought They Had Made Ont Such
a clear Case That Approval of Bill
was a Mere Matter of FOrm-Mr.
Nix Had Made Every Effort to
comply With the Law and Holt
continued to Appear at Every
Term Until Informed That Case
was Dropped.
Washington, May 1S.-The action of
President Roosevelt in vetoing the bill
which recently passed Congress for the
relief of Mr.. Harry c. Mix of Macon,
on account of being surety on the for
feited appearance or bail bond of A. F.
Holt. charged with embezzlement while
postmaster at Valdosta, has called
forth lot of adverse criticism from
i senator's and representatives who have
Investigated the case.
The bill was introduced in the House
nv Judge Bartlett, and when it reached
the Senate was taken charge of by Sem
ator Bacon, who secured a favorable
report from the Judiciary Committee,
of which he is a member, and, with
this, the prompt passage of the bill.
/ There was no opposition to it in either
house of Congress, so manifestly just
did this action relieving Mr.. Mix APP
near, in view of the fact that the gov
eminent had lost nothing by the trans
action The fact that the President
went out of his way to change the law
of cuba in the interest of a man
from the Cuban government, and could
not agree to this piece of justice to
man who had made every possible eff
tort to secure the appearance of his
principal is being commented upon
in a way not at all complimentary to
the CHIEF executive.
Inc acknowledged facts concerning
this case of Mr.. Mix seem to argue
mat there is every warrant for relieV-
mg him from his responsibility as
surety Mr.. Holt, who was postmas-
ter at Valdosta, was indicted for en-
bezzlement in the United States Dis
tricl Court at Macon in 1894. In Jan
uary 1898, Deputy United States Mar
shall Ayers induced Mix to become
surety on the appearance bond of
Holt Mix was not we'll acquainted
VIA holC ana signed the bond upon
the representation of Ayers that moth
After having made this appearance
bond, the defendant appeared for trial
at both the May and November terms,
1885 of the court and at each time the
case was continued by the government.
Holt was on his way to appear at the
May term, 1896, when he and Mr. Mix
We're informed by Chief Deputy Ayers
that they need not attend court as the
case would never come up. After an
investigation of the books and ac-
counts of the Postmaster Holt, the
claim of the government was consid
erably reduced and the amount that
was found to be due the government
was fully paid.
The embezzlement case against Holt
was continued from time to time. In
1897 Mr.. Erwin was appointed United
States District Attorney. AS he had
been counsel for Holt and the sureties
on his bond as postmaster, he was dis
qualified to prosecute the criminal case
against Holt and on this account AS
sistant District Attorney Leaken was
designated by the Attorney General to
conduct the criminal prosecution
agains Holt. Afterwards Mr.. Leaken
enlisted as soldier in the war with
Spain and during his whole time of
service as such soldier the prosecution
against Holt stood in allegiance.
In the meantime, Holt and Mix be-
HeVed, of course, that the criminal
prosecution had been terminated. Holt
went to Mexico and the case was not
called again until the November term,
1898. AS Holt did not appear. process
was issued on the bond against Mix.
The facts all show. according to the
report of the House Committee which
Is made by Mr.. Clayton of Alabama.
that Mr.. Mix has been diligent in his
efforts to have Holt present at the
court since he learned that the case
had not been finally disposed Of Holt
did not leave the Jurisdiction of the
court until he and Mix had been in
formed that the criminal prosecution
was at an end. After this information
mad been given to him by Chief Deputy
Ayers Holt went to Mexico. AS soon
as Mr.. Mix learned that the prosecution
had not abated he diligently sought to
have Holt to come to trial. but all his
efforts have been unavailable. Where
Holt now is or whether he is dead or
alive cannot be ascertained. 1t is i'm
possible for Holt to be brought to the
court.
Government Lost Nothing.
The government" continues the re-
port, has lost nothing on account of
the alleged embezzlement of the post
master, every cent due from him hav-
Ing been paid. The government will
not be put to any expense on account
OIL the passage of this bill. The bill
provides that before Mix can be re-
HeFed of liability on account of being
surety on the appearance bond of Holt,
ne shall first pay to the government
al cost that may have accrued upon
any proceeding instituted for the pur-
pose OF forfeiting such recognizance.
NO reHection is intended to be made
Upon any officer of the government, but
IL does seem that Mix has been very
ulHgent in the whole matter, and that
uuIlng several terms Holt was present
at me court and could have been tried
ne was not tried and it does not ap-
pear to have been through the fault of
.-,her himself or Mix that he was not
The report contains a quotation from
letter written by Judge Speer, in
MlHch the judge says: II sincerely
ttust that Congress will relieve you
I'm the payment of this bond You
'VIh 10 have a strong equity"
Mix Acted in Good Faith.
The district attorney in a statement
"iilten the committee of Congress.
y know that Mr.. Mix has him
81 oeen earnest in his efforts to keep
9Nu lalth with the government in this
lI1tIer and that the long delay in the
III. Is primarily responsible for his in
4'iIty 10 have his principal now in
N9lrl TO respond to his bond"
49, was upon this statement of facts
NJ congress passed the bill relieving
" NJ Mix from further responsibility.