The Savannah morning news., 1902-05-16
The VALDOSTA CASE
PRESIDENT DECLINES TO RELIEVE
SURETY.
Mr.. MIX WAS ON Hollis BOND.
DEFAULTING POSTMASTER NEVER
RETURNED.

The Bond Forfeited but Never Paid.
Lengthy Statement of the Case by
Assistant District Attorney Leaken
Quoted by the President in His
Message TO Congress as Basis at
His NetO-Harry G. Mix Was on the
Criminal Bond, Hollis Shortage
Having Been Recovered From His
Official ROnd.
Washington, May 15.-The President
to-day sent the following veto message
to the House:
Il return without approval House
Bill 4,446, entitled An Act for the Re-
lief of Harry c.. Mix
THE Attorney General writes me as
follows concerning this bill:
A. f. Holt was postmaster at VAL
dosta, Ga, and as such became de-
faulter to the government. Suit was
brought on his official bond, and the
amount was finally recovered. Crlmi-
nal proceedings were also commenced
against him and he gave a bond for
his appearance at court with Harry c.
Mix surety thereon. The defendant
failed to appear and forfeiture was
taken.
Assistant Attorney William R.
Leaken represented the government in
the proceedings to enforce the collec-
ton of the bond so given. The papers
relative to said case were referred to
Mr.. Leaken Jan. Il, 1901. In reply Mr..
Leaken said:
" 1 do not think that this is a case
where the proceedings ought to be dis
continued. l do not know the history
of the case prior to my appointment
as assistant United States Attorney,
but as soon as the matter was placed
in my hands ii was called up, both for
judgment on the bond in the civil case
at Macon, Ga, and upon the criminal
bond al Savannah. One after another
excuse was made by counsel for Mr..
Mix, the surety on the criminal bond.
I have moved on three different
occasions for a rule absolute against
Mr.. Mix, but Mr.. Strohecker, his coun-
sci, has succeeded in postponlng the
matter. The case was set for final dis
position on the fifth of this month, but
again deferred at the request of Mr.
Strohecker. l enclose a letter from
Mr. Strohecker, which to my mind
shows that the judgment should be
| taken up scire facias
Mr. Strohecker was attorney for the
defendant Holt and in his letter dated
March Fl, 1899, to the assistant attor-
ney, said:
Merry Proposition.
Please find out as soon as possible
whether or not the mol pros can be
obtained in the Holt case. If it can
be, | am pretty sure the money due
the government on the defalcation can
be obtained and we can produce the
man; we will have him present any
way, but no money will be paid on
that claim unless mol pros is entered.
have found the man. He did not
die as we thought, but recovered, and
| am in communication with him.
Could 1t be arranged so that the
mol pros could be entered at Macon
during this term of court? If it can
be, please use your efforts to have it
so done. Mr. Erwin being disqualified,
of course it will require your presence
here. If you so direct 1 will speak
to the judge concerning the mol pros
and payment
Holt Never Came Back.
1.-THE defendant Holt, it seems. went
to Mexico and has never been tried. 1t
is alleged that at one time Mr. Holt,
the defendant, was about to be pres
ent at term of court, when a deputy
marshal said to him that the case
would not be up at this term of court
and ii would therefore not be neces-
Sary for him, the defendant, to be pres
ent. OF course. the deputy marshal
was not authorized to excuse Mr. Holt
from attendance as required by his
bond.
1T seems useless to require persons
charged with crime to give bond for
their appearance in court if they can
remain away and the sureties on their
bonds be relieved from liability. To
give relief in this particular case
seems to be but to set a bad example.
I'm view of the statements above set
forth. I am constrained to withhold
my approval of the bill.
Theodore Roosevelt"