The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-11-08
state Wns PowerIess.

OteNtC w Ae ONNCEACBbs
"The men on duty at the post are
under the control of the United States
government, and were stationed at a
place where the state is, to a certain
extent, subject to the military authorl-
ties.
There is no power. so far as this
court has been able to learn, by which
1t can compel the presence of the SOL
diers before it without the co-opera-
ton of the government. If there had
been such power. the men would have
been brought here to testify.
Because of their absence at the
time this case was first set for trial
the court took especial pains to have
subpoenaes sent to the men, together
with Il request to the officers that they
have their soldiers here.
Question of Expense.
"A communication has been receiv-
ed from the commandant of the post
to the effect that the state is the
prosecutor in this case and not the
government. He stated further that
the information of the violation of
the law had been given only to put
the facts in the possession of the prose-
cutting officer of the state. Therefore
the government could not bear the
expense of sending the witnesses here
and that transportation from Tybee to
Savannah would not be furnished by
the Fort Screven authorities, and that
the state must do so.
Under the law the court cannot
furnish transportation for residents of
Chatham county from their homes to
the court. The attendance of a civil
ian can be compelled and had the
witnesses in this case been civilians
fharr ho hrAt oh hor hU
officers of the court. This court has
absolutely no power, however, to COM
pei the attendance of witnesses when
such witnesses are officers or soldiers
of the United States on duty at their
respective stations. Had there been,
they would have been here.
Every Courtesy shown.
"Since this case went to trial the
commandant has been communicated
with and told of the necessity of hav-
ing one of his officers and an enlisted
man present if a conviction was to be
secured.
There was then sufficient time to
have taken a train for the city, but
the commandant has declined to al
low the men to leave the post. Not
withstanding this action, the court an
nounced its willingness to postpone the
case until tomorrow, though such ac-
ton meant heavy additional expense
to the county and drew greatly upon
the time of the jurors.
Remarkable Action of Officers.
The position taken by the officers
at Fort Screven is a remarkable one.
This court has never known of a case
where there has been exhibited on the
part of the military such utter disre-
gard of the civil authority, an author
ity to which IL is more or less sub
servient in times of peace.
In view of the statement of the
officer, on whom this court
largely relies, to the effect
that a conviction has not yet been
made out and in view of the circum-
stances narrated, the court feels that
it is its duty to acquiesce In his mo-
ton. One of you gentlemen will please
sign verdict of not guilty"
Mr. l. A. Solomons stepped from his
place and wrote across the indictment
I'VE, the jury, find the defendant not
guilty" This was read by Clerk Carr
and the prisoner was discharged.
An effort was made last night to Sc
cure some statement from Col Ander-
son, commandant at Fort Screven, but
without avail. At 1880 he declined to
come to the telephone and when Sec
ond effort was made at o'clock II
was announced that he had retired and
could not be disturbed to discuss the
matter Subordinate officers declined
positively to discuss the case.