Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1903-09-23
ANDREWS FILES RECORD
CONTINUED from Page ~

lent. The Court after some demur.
released and turned over to Captain
Pierce. A copy Of the minutes Of the
court are attached hereto.
Shortly afterwards ! received call
from Major John Mcclellan, command.
ing the United states military post at
Honolulu. and he asked whether the
civil authorities would dismiss the
case I'm order that he might send the
men out of the Territory of Hawaii.
Informed him that | could not at that
time agree to dismiss the case but
would consider the matter and let him
know what | could do as soon as pos.
siblo. | repeated to the Major the un.
dcrstanding had with the mems coun.
sci and Captain Pierce prior TO my
moving for their release on their own
reCOgnizanCe, and stated that | would
not have done so had felt that there
was the least inclination on the part Of
the military authorities to take the
men from the Jurisdiction of the Ter.
ritOry of Hawaii.
The Major then stated to me that
he had no wish in any way, to conflict
with the civil authorities here and
would produce the men when neCes.
sary. On the 3rd of April 1903.
wrote the following letter to MaJpr
Mcclellan:
Please pardon my delay in writ.
Ing you, as promised. | regret to say
that at present 1t will be impossible
for the civil authorities to discharge
Bales and Walton from their appear.
ance before the court next month
| His Utter Surprise.
TO my utter surprise, and without
any further notification to my Office,
or to anyone connected with the pros.
CCutiOn Of the case. the men were
placed on board the Sierra about April
Z by the military authoritIcs and trans.
! ferrcd to San Francisco.
when the case was called at the
May term by Judge Robinson an ex.
| pianatiOn was made by Deputy Attor.
IEey General Peters as to the reasons
for our failure TO produce the men. The
case was continued over the May term
and ! am informed that Judge Robin.
son wrote to the War Department at
Washington, calling their attention to
the action Of the military authorities
here. and asking that the men be re.
turned to the jurisdiction of the Ter
ritOry. This letter was supplemented
by one from myself, both to the Score.
tary Of War and to l.. +. Corbin, Ad.
jutant General, Z. 5. A.. in which
stated the facts and requested the re.
turn Of the men.
"On July 10 received letter from
the Adiutant General, stating that the
matter had been referred to the De.
partment of California, and expressing
his regret that any friction had arisen
by any act Of the military in Honolulu.
Frear Comes In.
"On August 10, 1908, Chief Justice
Frear, TO whom General Macarthur,
commanding the Department of Call.
tornia, had written, presented me a
letter from General Macarthur. in
which the General expressed his regret
for the occurrence, offered to return
the men il necessary to the Territory,
but requested that If the civil authuri.
ties could see their way clear 1t would
be an act Of courtesy to the War De.
partment not to require the mems ap.
pcarance.
After consultation with the Govern.
or and the Circuit Judges, and IN view
OF the request OF General Macarthur
representing the War Department, and
the fact that the circumstances In con.
ncCtiOn with the case have come 10
light which materially lessen the Sc
robustness Of the oifcnsc as well as
that Bales and Walton served two
months in the Oahu jail, and that Bales
was degraded from his rank of ser.
geant, have decided that the interests
Of Justice do not require the further
prosecution Of the case.
In the matter of Carlton, while he
Is comparatively unpublished, he is a
minor, and Is no longer connected with
the Army and while his bond holds
good, feel that it would be more in
the spirit Of revenge than in the spirit
OF Justice for my department to either
declare his bond forfeited or insist on
his returning after the disposition
made in the cases Of the other two dc.
fendants."
Judge Robinson's Letter.
Judge Robinson's letter to Hon Eli
hu Root, Secretary of War written
May rs, 1908, also filed this morning,
states the history of the case very full.
ly and, referring to an article on the
soldiers case in the San Francisco
Chronicle, says my attention was
called for the first time to the possible
character Of the imposition practiced
upon the Attorney Generals Office. The
foil owing day | called Mr.. Thompson
to he bar Of this court and in open