Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1905-06-28
TO RESTORE LIEUT.. FOLEY,
The President Anxious to Remedy In
justice Done Officer.

Washington. June .7-The President has
sought to remedy a grave case of injustice
by pardOning and restoring to the army
Hamilton Foley. formerly a first leuten-
ant in the 9Th Cavalry, L. S. A. who was
dismissed from the service on October To-
1903, rs the result of a court martial which
convened in Manila in June in that year.
An obstacle to Mr.. Foley's immediate re-
storation was, however. found in the fact
that the President cannot restore an
officer once finally dismissed without au-
thority of Congress. To obvate this
difficulty the President proposed to APP
point MIR. Foley as from civil fire, when
during which such appointments are.
under the law, permissible. and the cast.
will now probably have to await the con-
vening of Congress.
he unique in the annals of the War De-
partmcntl was made public by Secretary
Taft todfy. 1t appears that Foley. who
had a most excellent record in the vol
unteer service. was appointed a second
lieutenant Of cavalry in the regular ser
vice on April 10. 1859, and enjoyed 4 good
record in the regular service until about
JuEe. 1905. when he was summoned before
4 court martial. charged with conduct
unbecoming an officer and gentleman"
ana conduct to the prejudice of good or
der and military discipline" He entered
Il plea OF not guilty to every charge and
specification. except that of hypOthecatng
. two months. pay accounts but was found
guilty on all charges and was dismissed
the service.
| In March. 1904. the details Of the case
were brought to the attention of the
War to investigate the claim that be-
cause Il continuance OF the trial had been
refused, Lieutenant Foley had been I'M
able to bring to the attention of the court
evidence which would have established
his innocence. Secretary Taft confided
the investigation to Judge Charles f. Ma
Zone, who filed his report on May 10, 1905.
Judge Magoon concluded his report with
the following statement:
| 1t is q matter of extreme regret that the
continuance requested by counsel for
Foley was not granted / cannot escape
belief that it would have been granted
had it not been for the receipt Of a tele-
gram from the War Department, reading
as follows:
The Secretary of War directs Hamilton
Foley. first lieutenant 9Th Cavalry. tried
1t would be difficult indeed for the
members of the board with this order be-
fore them to avoid the conclusion that
they were practically prohibited from
such view, if entertained. was errOne-
Gus. The Secretary at that time was
E.lihu Root. who is n great lawyer. and I
unhesitatingly express the belief that. had
the application and the reasons for a con-
tinuance made by counsel for Foley been
submitted to him for official action, it
certainty by favor.
With equal confidence I express the be
! lief that II the showing now made on be
half of Foley had been presented to the
court at the time of the trial the officers
and gentlemen composing that tribunal
would have felt it their duty, and I'M
doubtedly their pleasure. to have ac-
quilted the defendant upon each of the
charges and specifications to which he
Ind entered plea of not guilty.
The President on receiving the report of
Judge MagOOn, requested that it he sub
mittcd to the judge advocate general for
comment. and. although the conclusions
| of the judge advocate general did not CO.
incide with those of Judge MagOon. the
President advised Secretary Taft, that,
after examining all the papers he de-
| sired to pardon Foley and restore him to
| the army with the results above noted.
Hamilton Foley is the son OF the late
! John p. Foley. long member of the
/ corps of Washington correspondents, and
the author of The Jeffersonan Eneyclo-
peadia," to which work he devoted the
| latter years of his life. when he was a
resident of Brooklyn. n Y.
/ The Younger Foley had. before receiving
! his commission in the regular army.
served in the 18th New York infantry in
the Spanish war being made recinental
adjutAnt. TIe avs later Transferred to the
| 203d New York volunteers. As the result
! of this service he received the indorse-
ment of his colonies and of President
Roosevelt, then Governor Of New York
when he applied for commission in the
regular establishment