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CIHM/ICMH

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CIHM/ICMH
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Canadian Institute for Historical Microreproductions Institut Canadian de microreproductions historiques

1980

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«o '?m^t-;t>^-'Vmifi!!»9mffmf»Sti^':

THE CASE OF

T T

THIJR MNEST 11ATHEWAY,

A BRITISH SUBJECT,

Who, induced by the Phomises of Quick Profits in the West, Sehled at

Big Horn City, Wyoming Territory, U. S.

OCTOBER 6, 1884,

AND AI'TKK MORK THAN HiUK MONTHS (( iNTlNUdtS RKsn)fc:NCK TIIKKK, HKINC. WTKJIA" INNO.
CENT OK ANY OFIKNCL A(iAINST llll". LAW, WAS, ON KKB. jo. 188,1;, A r NIOHITAI.1^',

y\RRRSTHD BY UXITF:!) STATES SOLDIIiKS,

MANACLED AND SliAfKLKD. CHARCKD Willi HKIN'. A l>i:Hi:iiTi:H AND nOliSK-TllIKF^
CARRIED AWAY IKMM IMS lIoMi; AM) KLSINESS, AND

liijustly Iniprisoiied at Fort McKinncy,

I'OR A WHOLE MONTH, AND I'ART or THE TIME IN SOLITAJtV i'OKFINKMKXT, AND SUU-

JECn~ED TO MANY INDIGNITIES AND OREAT HARDSHIPS AND I\ i'ERH. Ol' Ills

LIFE, AFI'ER WHK H HE WAS I'RIED \\\ COURT MARTIAL AND

HONORABLY ACQUITTED, v

(as)

I, Arthur Krmsl Ilntlicway. littc of St. Jolm, in the Province ot" \c\v IJniiiswick, iiiul nt'
Dedliain, in llie County of Xoil'olk and tiic Coininoiuvcallh ot' Mahsaciiiisetts. do upon my Oalli
depose and say that on the 2oth da\ of Fcl)riiary, A. D. 1SS5, I was residing at Bij; Horn City,
in tlie Connty of Johnson and 'J'crritory of W'yomiiijr; l)i.'tvveen the iiours of 6;-^ and j'{> o'ciocii
I'. M.. Fehvnary joth, wliilr ir a i)iil)lic room of thf Oriental Hotel, at saiii B\^ Horn. I was
arrested h\ Scryeani Kitclien and Scout (Jerard. and two j^uards armed witii carbines were set to
ijuard mc. \sitii ordeis to siiool mc if I made the least atteiiii)t to escajje. 'rhe\' produced no
warrants and I was jjjiven to understand tliat I was airested l)V tin- orders of one Col. Charles
C. Conipton, the i'ost Commandant at Fort McKinney, and that I was a descrtei from the I'nited
States Army, named Heath, and a h<jrsc-thief, h. ving stolen an officer's horse, and a carbine
and some clothes. This report, although I stontlv denied it, and asserted mv innocence, and that I
never knew or iieard of Heath, and tlial mv name was ..nd always |;ad been llathe\\a\ , and that I
was a Hr'tish subiecl, was madi' public, and the followinji article v.as printed and circulated the
next morning in the Big Hmii .SV////;/(7 of I'eliruarv Jist. 1S.S5 :

"A GnAVK Cii.MMJi;. — I'riday night, Deputy Marslial I'' rank Gerard, of Fort McKiimey,
•' arri\'cd in town, accompanied by two soKlieis. ami two others from the l*ost. A few minutes
'' after his arrival, A. E. Hathtvvay was arrested, on the double charge of deseition from the L'nited
'" .States Army, and oC stealing a Government liurse or horses some lime ago. i\s soon as his
'• arrest was accomplished, he was placed nmler guartl. and was to-da\ taken awav. A. E.
''Hathewa\, or Ernest Heath, his alleged army name, was interviewed by a Sentinel man, and
" he seemed conlident of establishing his innocence, claiming a case of mistaken identity. If. as
"he asserts, he l)e innocent of the charges preferred, he will ha\e an opportimity to clear him.self
•' in a few weeks at most. Hut in all candoi. Albert I'^rnest Hatheway. we are afraid that you are
" in an extremcK bad hole.'"

Tiiis arrest was made on Fiid.iv e\ening. I have been informed since tliat .'>cout ( Jerard is
not a Deputy I'niti'd States Maishal. Privates Nasii and House. Company 1, h'l'.th L'. S. Cavalrv,
were ortlered to guard me all night, with or<lers as above stated. .\t about 9 o'clock in the evening.
I was handciitled and allowed to lie down on a sofa. I could sleep but little, anil an armed guard
stood over me all that night, as if I were a desperado and a har<Iened criminal. On .Saturday I
was detained at the ( )riental Hotel and in IJig Horn Citv all da\-, attended constantly by an armed
guard. On .Saturd.w night t was again allowed to slee[) on the '■ofa. and the shackles weie placed
on my ankles. C)n ."^undaN' moining the shackles were removed tVom mv ankles, and I \vas placed
in a Govermnent ambulance and iietween guards, anil driven over the pulilic stage road to a ranch
on Piney Creek, where lodgers stop, and owned by a Mr. Myers. 1 had dinner and supper here
and was pjiit to sleej) in an out-house, and all the time I was under an armed guard. On Monday
the 23d. 1 was brought to F(<rl McKinne\, via IJutlido. arri\ing there at 3 o'clock P. AI., wi'en I
was turned over at once to the Sergeant of the guaid .and 1)\ him I was placed in the guard-
house, anil locked in the cell marked cell •• A," on the plan hereto attached ai'd made a part of
this statement. In about one-half an hour. Captain For'.»ush, the OfHcer of rhe Day, as I am
informed, had me taken from said ceil ''A," and put into the Sergeant-of-the-guard's room,
when in the presence of the Sergeant of the guard, 1 was ordered to undress, which I did imder
protest, and my clothing was subjected to a rigid examination, even mv socks.

All mv private papers, letters, nionev . and everv article in m\ pockets, except a tooth-brush, were
taken t'rom me. I had eleven dollars iri m\ pockets. 1 was then taken back into cell *'i\," where
I was kept imtil about 5 P. M. 1 was then iilaced in the ranks and compelled to stand up with the
other prisoners, and a roll-call was made. The name of A. J. Heath was called three times, and
I was ordered to answer. I would not do s(j. I said " I am not Heath, but Hathew.ay, and I
will not answer to any other name but Ilathewav." Captain Forbush then said '"That man in
civilian's clothes, step out." and as I was the oid\ man present in civilian's clothes, [ step|>ed
forward, and 1 was again taken into the room of the Sergeant lif the guard, and an oflicial looking
docimient was presented to me to sign. I'pon looking at it, I I'oimd these words written on it, as
near as I can lemember: "(.i.- M. Dep.irtment, Fort McKinnev, Wyciming A. J. Hi;ath. Private.
Company K, Fifth Cavalry, foiu- Hlankets." I told Captain i''(jrbusli I could not sign that paper, as
my name was not Heath. 1 was again directed to sign the paper, by the name of Heath, and I
again refused. Captain Forbush said ■' 'j'ou mav either sign that paper, or freeze ; you will not
get any blaidiets imtil you sign the name of Heath." Ca)jtain Forbusit the- ordered me to be
placed in solitary coniinement. I have since been int'ormed that this was doiie under order of Col-
onel Charles C. Compton, the Commandant at Fort McKinnev-, Wyoming and to extort from me,
by harsh treatment, confessions to be used against me on my trial before the coiu't martial. I was

tlu''i t ikcii into cell " U," iiiul locked up. Tliis coll is uhoiit tlirec iiiid ;i iiidf feet \vi('c. and ;d>otit
ci!j;lit fcfl Imij^. witii a stnne Hour; liic sides and di'or •,vci"e of wood, inteilaccd witii stroii<r iron
bars. Tlicrc was no opcniM<( aiiywiiere, for lij^ht and vcntilalion, except in the roof, wliicii was
of interlaced iron. Tiie door was solid, and tiie cell ilevoid of furniture. 'This cell was damp and
cold, and so dark that I could not see to eat. I iiad no heddiiiji;, except a small lied sack to lie on,
and my over coat to cover me. It was a very C(jl(l ni<{lit, and 1 could not sleej), hv reason of the
cold and dampness. 1 had heddiiij^ ollered to me suhse([uentlv !>V outside friends, and I oflered to
huv Mankets mvsetf, luit it was refused, and I remained without liedding until Maroli 1st. 1NS5.
In the morninj^- I was slid" and chilled throiitjh. and fearinj^ that the cold and damp ceil wotdd soon
destroy my constitution, if it cli;l not kill me, I asked to see Colonel Compton, the Post Command-
ant. I was then taken to his hcad<|uarters, where I had an interview with Colonel Compton, and
in this interview Lieutenant Swift, Post Adjutant, was ])resent most of the time.

CoUmel Compton asked me •' w hat was the use of thi-, clev il-mav-care air .md that look of
injured innocence," and that I hatl 'd)Cttei' confess ihat 1 vva's A. J. Heatii." I said, ''Colonel Comp-
ton, if you were an innocent man, would vou not do as I am dniui^.-" 1 le said. '■ Cevtainh ." I said,
"Colonel Compton, I am an innocent man; my name is Ilatheway, and I am a British sid)ject, and
I am goin<r to keep doinj( just what I have done." I also told Colonel Compton my whole history, as
to mv whereabouts tor several years, and '^a\c him the names of parties who would substantiate my
story. Lieutenant Swift told Colonel Compton that he believed that 1 vvas the man thev wanted;
he would not maki- a positive statement then, and did not do so when called as a witness at mv
trial. 'I'hev then calleil in 'J'rnmpeler N'ance, who said I resembled Heath a little, but did luA
think I vvas the man, — could not say one way or the other, positivelv. Another soldier, a Ser-
geant, was called in, and he said positively that I was not the man Heath Serjeant Kitchen, who
hatl arrested me in Big Horn City, was then called in, anil he saitl he th;)ught I vvas A. J. Heath,
the younger and taller of tlie IJcatlis. 1 was then taken down to one of the quarters, to a sick man,
a soldier, who saiii he thought I was the older and shorter of the Heaths. 1 was then taken hack
to C'olonel Compton's otiice, and I re([uested to be ])lace(l in a drver cell. I was then taken to the
guard-house, and placed in cell "A,'' with a convict by the name of Hughes; I was kept here
confined, and with orders not to allow me to stay in the main building, where the stove was, nor
to approach the stove to w.irm — a privilege that was allowed all other prisoners. The guard-house
was built, as I am informed, in December, 1.SS4. and I am told by the soldiers, that I was the first
man who had ever been placed in cell •]}." During mv confinement, there was onlv fine other
man placed in cell "H,'" and he was lightiiig-ilrunk and well sujiplied with blankets. I was on'v
allowed a pencil to write with, ami could write no letters, unless they were inspected by the Officer
of the Day; all my letters were opened and read liy the OHicer of the Day. I was not allowed to
go out of my cell, exce()t to go to the rear, and then under the charge of ;i non-commissioned
officer, a Sergeant or Corporal. Thus I w.is kept until the zCtih dav of I'ebruary, i.SSv at which
diite Lieutenant I'addock, at gna.d mOimt and aixiut 9 o'clock A. M., had me called out. and I vvas
shown a photograph of two men on (Jiie card, one dressed in a soldier's suit, and one in a buck skin
suit. Lieutenaitt Paddock asked me, "'who is that man vni were taken with.'" I saiil I "was
never taken in a suit like that ; that is not my picture." He askeil me these (juestions three times.
There were present Dr. Terriu, Post .Surgeon, Colonel Compton, Post Commandant, and two
other commissioned officers, whose names I do not know. Lieutenant Paddock and .Surgeon
Terrill were both members of the court martial, and on the i 1 st day of March, this same Lieutenant
Paddock used insulting and threatening language tov\ ards me in tiie jiresence of the court martial,
under the following circumstances:

A .Saddler of Fort Niobrara, Nebraska, who had served with A. j. Heath, in the army, and
had made boots tor said Heath, testified that A. J. Heath had a bunion and a scar on the big toe
joint of nis left loot, and retiuested permission to examine mv left toot. I removed mv left boot and
sock, and the Saddler examined mv foot, and so did Lieutenant Paddock. 1 then put on my sock
and bot)t, an<l the Sa<ldler said he did not find the bimion ami scar, and Lieutenant I'addock said he
thought he had detected a scar. J again removed my boot and sock and Lieutenant Paddock looked
closely, but did not say w hcther he saw a sea'- or not ; so I said to Lieutenant Paddock, •■' Are you
latisfied," and he replied in a thre.itening and insulting manner, '• Don't give me none of yom-

ind inniiediatel

aile a moti<in tliat I be coidined in the <ri'ard-lK)use, until I could learn t(

be respectful, and asked that the comt be cleared. I replied that 1 meant no disrespect to the coiu^t,
and was willing to have mv foot examined by the whole court. The business of the court then
proceeded, ancl no notice was taken further of Lieutenant Paddock's motion and request.

I was allowed no intercourse with friends and acquaintances, except a short interview on Feb-
ruary 26tli, with Charles H. Burritt, of Bjftalo, Wyoming, my counsel. I was kept in cell "A,"
until March ist, 1885. On March ist, 1885, I was feeling very sick; the food was very coarse,
consisting of brown bread anil coffee, slum-gullion and coffee, or meat pie, auvl poorly cooked, and
I was beginning to suffer severely from indigestion. I askcvl to set Colonel Compton, and my
request was granted, aiul I was taken to Colonel (Jompton's ottice. On Tuesda}-, February 24, I
had asked Colonel Compton to allow me to buy blankets ; that I had money enough to buy them,
and he told me tliat I could not purcliase any, or have any but what the Government chose to give
me, and 1 must either sign the name of Heath, or Hatheway alias Heatii, before I could get what
the Government would issue to Heath. I told him on March ist, 1885, and it was true, that I was
getting sick, from the want of exercise and bedding, and nmst bo allowed to leave my cell, for a
little exercise, which, as I looked sick and pale, was granted me, one hour twice a day, walking
witli the sentry on the stoop, in front of the guard-house, morning aiul night.

On Sunday, March 'st, 1885, while I vas out walking on the st*jop with the sentry, Trumpeter
Warren was sent to look at me, and I am informed tiiat he went to Colonel Compton's, and told
Coh)uel Compton tiiat I was not tlic man Heath, and otVeied to take his oath to that effect, then and
there. The Colonel then came down to the guard- house, and 1 was taken into the room of the
Sergeant of tiie guard, and was told I had tiie liberty of the guard-house; that I should sleep and
eat my meals in the room of the Sergeant of the guard, and I was in honor bound not to break that
parole — which I never did.

While in cell "A," Lieutenant Bellenger, Judge Advocate, came to the guard-house, in
company with Blacksmith Luim, of Troop L, Fifth U. S. Cavalry, and l.unn told Lieutenant
Bellenger that I was not Heath, and he was positive of it. Lieutenant Bellenger, as Judge Advo-
cate, closed his case subsequently, without calling Trumpeter Warren and Blacksmith Lunn —
although knowing that Warren and Lunn hail both been in the same garrison with Heath, the
deserter, and had known Heath well. On March loth, 1885, there being no facilities in the guard-
house for washing, 1 asked the Sergeant of the guard to see the Officer of the Day, and find out if I
could go and take a bath at some of the quarters. Captain Stone, whose treatment of me was imi-
i'ormly courteous and gentlemanly, told the Sergeant of the guard that I was paroled for the garrison,
until further orders ; also told him to send me to Sergeant Cavi'l, Troop L, Fifth Cavalry, who
would give me the necessaries that 1 required, and .Sergeant Cavill did .so. I was paroled until
March i8tli, when Colonel Compton called me o^er ami took me to the hospital, and called the
Steward and said, "Steward, Mr. Hatheway will occupy the bed near the window, and will eat
his meals here; his first meal will be iliimer." I went over tf) Lieutenant Bellenger, Officer of
the Day, and reported these Hicts to him, and especially asked him to see the Colonel, that there
might be 110 mistakes. That night, about 9.30 o'clock, I was in bed in the hospital, when the
Sergeant of the guard came and woke me up, and told me to get up and dress, and that he had
orders from Lieutenant Bellenger, that I should sleep in the guard-house. He was armed with
a carbine. He put me in the guard-house. I was told to take my bed and old bedding and carry
them into cell " A," and was locked in there all night. The next morning, March 19th, I asked
the Sergeant of the guard if I was confined to the guard-house. He said he had no orders to that
effect, only to keep me in the cell all night. At about 9.30 A. M., I reported this to Co'onel
Compton, at his office, anil asked him if my pa*"ole was broken, and why I was confined, when
I had obeyed his orders. Colonel Compton sai 1 in the presence of Lieutenants Andrews and
Bellenger, that I was under his order, and his alone, and that 1 had done right in going to the hos-
pital, and that I was ordered by him to sleep there, and that m^' parole was not broken. I staid
there imtil March 31st, 1S85, and on that day, at 12.30 P. M., my parole was taken from me, by
the order of the court, I suppose. I was ordered to be confined in tlie guard-house, and I was put
in the Sergeant's room, and everything taken out but the stove and my bedding. I was locked in
that night. On Sunday morning, Miavh the 22d, my breakfast was brought to me from the hos-
pital. At II A. M., I was given the parole of the guard-house, inside, and I was to eat my meals
at the hospital, unattended. That evening I was paroled, anc! ordered to. sleep in the hospital.
Monday. .'\. M.. I was to stay in the guard house in the day time, and eat and sleep in the hos-
pital, unattendeii. in the afternoon, 'jetween 2 and 4, I went to Colonel Compton's, as I thought
there was some mirtake about the order, and he gave ine the limits of the garrison. About an
hour afterwards. Colon.! Compton said that I was at liberty to leave Fort McKinney, and since
which time I have not been molested ; I was given to understand that I had been honorably acquit-
ted. I notified Coli.nel Compton that I chose to remain until the result of the court martial was
approved, and made public, in orders. I have not yet received official notice of my acquittal.

On the Inst day but one of my trial, I was confronted by Sergeant Scbreiher, of Company K,
Fiftli V. S. Cavalry, said to be stationed at Fort Niobrara, in the State of Nebraska. Betore Ser-
geant Sciu"eiber came in, and before I had seen him. Lietitcnant Heilenger produced a soldier's
gloves, blouse and cap, for me to put on. Of course 1 refused to put them on, and an etlort was
made to have me taken to the guard-house, and have the soldier clothes put on me by foice. The
court was cleared, and upon being re-opened, it was announced that I was to remain in my
civilian's suit. 1 assert, positivelv, that never in my life, have I seen or known this man. Sergeant
Schreiber, before 1 saw him as a w tness in the court martial, and upon cross-examination, I leaiiied
that Sergeant Schreiber, who had arri\cd the night before, had been taken to the private room of
Lieutenant Jk'llenger. the Judge i\dvocatc ; had been shown there the picture of tiie alleged deserter.
Heath, and also my picture, antl had talked with Lieutenant lU'llenger, about what testimony he
could give, and this Sergeant .'^chreibcr was the oid\ witness, who swore positivelv. that I was A.
J. Heatn. the deserter. Tli<.'re were many men in the garrison, at Fort McKinney. who served
with a .\. f. Featii, the deserter, and j)articularly Trumpeter Warren. Ulacksmith Luim, and
Corporal Rlieimer. who knew A. J. Heath, and several men beside, who saitl at once, upon seeing
me, tli;'!. 1 vvas not Heath, and the Judge Advocate called none of these men to identify me bet'ore
the cou.-t. but sent all the way to Fort Niobrara, for this Seigeant Schreiber. I'pon Schreiher's
nrival — he being a non-commissioned oflicer — was taken to the private rooms of a commissioned
ullicer, and his testimony taiketl over with the Judge Advocate, and upon my counsel asking the
tpiestion which called out the above tacts, the Juilge Advf)cate entleavored to conceal tliem. bv
making objections, and saving that it was an insinuation that the testimony of Sergeant .Schreiber
harl been fixed up, or words to that ertect. The following article appeared in tlie Big Horn .Senti-
nel, of February 28th. 1885 : —

" Frank (ierard was up from the Fost, Thursday, procuring evidence in the Hatheway case.
" We believe tiiat lie failed to get statements of the case from parties examined here, and con^e-
'* quentlv served no summons."

I have further informatio.i that the witnesses referred to were subsequently subpcrnaed, sworn
and examined, conlcssedly to exonerate Col. Charles C. Compton. lor having caused mv arrest.
The witnesses being the ones referred to in the following article from the Big J lorn Sentinel, of
March die 7th. 1885 :

"Henry Love. C. A.Johnson. Chas. .Sawyer. J. H. Rice and Nelson are at Ff)rt McKiimev
''to testify again.st .\. IC. Hatheway, wh</ is under arrest, charged with desertion from the ^\rmy.
" and .■lorsc-.stca/inji^-. It is understood here that they are s|>ending a part of their time in the guard
'* house."

The man Nelson is lames Nelson and himself a ileserter, as I am informed, and J. IL Rice is
an ex-soldier, dischargccl bv reason of disability, as 1 am informed; and both Nelson and Rice
testified that thev had, known Alfred L Heath, the deserter, liice, who had no interest, testifu-d
positively that I was nut Heath, and Nelson, having dictated the letters \\\>ua which Col. Compton
ordered my arrest, was of course an interested party, and Nelson would oidy say that 1 resembled
Heath. The reputation of all f)f these parties in the vicinit}^ they reside in, as I am informed and
believe, is bad. and the miui Nelson, under cross-examination, testified that the letters were written
to scare me out of the countrv. and not in furtherance of Justice, and from the actions of my-sclf,
he (Nelson) did not believe I was Heath. My name is Arthur Ernest Hatheway, a British subject.
1 was born June the 7th, 1863. in St. John, New Brunswick, and am theyoimgest of a large family,
of whom seven are now living. Mv father. Thomas Hatheway, died December lith. 1871. I
resided at .St. John. N. B.. until the latter part of 1877, when my mother removed to Islingt(jn, in
Dedham, Norfolk County. Massachusetts. I remained with her in s;utl Deilham. continuously imtil
the fall of 1880. when 1 went to Halifax. N. S.. but returned immediately. In November, 1881. I
went to Missoula. Montana, and remained there until October, i88z. In August, 1883. I WfMit to
Rock Creek. Wyoming, and returned about February. 1884. In the summer of 1884 1 raised some
money on ,,iy St John property, and in September, 1884, I started for Wyoming. I finall}- decided
to settle in Big Horn City, where I bought land and contracted for the erection of a store building
and caused the same to be built and dug the cellar thereof, and made contracts with parties to furn-
ish goods to be sold therein. I never naturalized as a United States citizen, nor ofiered to. My
residence in the United States was wholly accidental : first, owing to my mother's health, who
thought the climate of Dedham was favorable to her bronchial trouble, and then the embarrassed
contlition of my father's estate led to a longer stay, pending the settlement of the estate. I am a
British subject, owiung property in St. John, N. B., and I am a voter there. I was led to Wyo-
ming by the inilucements ofiered to settlers and by the advertisements of railroad compaiues and

others, st!iinil;i(in<; sottlenuMits on hiiuls tlu-rc. nnd oflVtiii}; cuiick profits. I consiilcr that T liave
hi'i-n scrioii.sK (lainajj^cd in my ht-altli, and n\\ iutvdus svstrin lia^ hi'tii injiirf(l. I rifMT was in a
prison het'ore to sec* l)o\v it looked, even, and I was nnich alll'cted l)y my lonely condition and ill
trcatrnoit. I knew the pnnisinnent for dcM'rtion was scNcre ..ml wa.s told liy parties at the I'ost
that I woidd certaiidv he convieted. and woidd j^et at least ten years in the peiutentiary it' I did not
confess that I was A. J. Ilealii. the deserter. 1 was snhjecteil to many iiidi^^nilies and r()ti};h lan-
j^naj^e from the oflicers. ( )n one occasion, I'ol. L'hailes C . ('r)mptnn. tin- I'osl connnandant said to
me in a sarcastic and insnltin<; toii';, in order, as I now hclii've. to frighten me into niakin<^ sosnc
confession. — *' What is the use of your devil-ma\-tare air and tliat look ot injured innocence.' "
The tbod was very poor and coarse, and I have sutlered cw.v since with indii^estion, and my iierves
arc now very innch alVccted. In iry drc'ams I am troul)led with the tluMifjIits of mv imprisonment
and will awaken uitl; tiie idea uppermost in niv mind tliat I am in solitarv conlini'ment and con-
\icted of desertion. The imprisonment and detenti'Mi at I'ort McKimie) contiimcd t'or a nxinth.
dniin.!^ vsiiiih time ])arties in Hi^ ll(nn C'il\. as I am int'ormed. hioke or entered ni\ huildinjj and
removed a stove and iialf a do/en chairs, and my counsel informed me that a constahle, one James
(ilasijow, had a notice of .sale of such property ]5oste<l in the Hullalo P. (>. I am certain no process
ever was served on me. and my counsel, alter investifjatin<^ the matter, informed me that the con-
stahle's notice had been removed and he '.as advised that the propertv ilk-i^ally sie/ed had heen
returned. Mv propert\' in U\<s; Horn City has heen eutinlv lost li\ reason of m\ imprisonment and
<letenlion, and 1 have heen compelled to turn it o\i'r to m\ creditois, anil I am lett dependent en-
tirel\' upon my tViends in the Ivist. as m\ reputation and credit in this counlrv haxi' i)een ruineil hy
my arrest and trial and the infamous charges hrtiujjht aj^ainst me, one heinj.; hoi se-steali< '.j, which
is looked upon in this section as almost eipial to nnnder. I have heen compelled to employ coun-
sel in HuM'alo at an expense of two hundred and tiftv dollars, and also counsel in Moston, whose l)ill
of char>;es has not \et heen leceived hy me. Imt will no douht he as nnich more, f li^ive heen
f>!!liged to expend larj^'i- amounts of mones' for le!ei;rams .uid the expense of liverv horses in l)rinjj-
in<^ counsel from l^''1"d:) to Fort McKinnev to .ittend mv trial, and I have had t liorrow money for
my support until I can chjse up my husiness all'airs here, and the total amou' of actual damajjcs
and loss of money will keep me payin;^ interest for many \ears, unless I should meet with some
UPiCxpected good fortune in monev alVaiis. And further deponem saitli not.

ARriU'R ERNEST HATITEWAY.

The original stater.itnt, settinjj forth the foregoing tacts, made hy Arthur Ernest Ilatheway in
the presence of a witness, and sworn to hy him before Ciiarks II. Hurriti. Es(|., Notary Pnhlic,
linijalo, Johnsini C\)ur.ty, Wycnning, is in ni}' possession.

SIMON W. IIATtlEWAY, Att'v,

34 Schoo^ Street, Boston, Mass.

In addition to the slatements in the fo;egoi.»g affidavit, the follow ing are submitted :
. 1st. I settled at Big Horn City. \V;,oming. October 6, 1884, arriving there via Sheridan. Wy-
oming, direct from Dedham, Mass. I bougiit knid at Big Horn ai)oiit October 7. 18S4. from the
Big Ilorn Township Company. October 13. I contracted w itli ]. W. Hov\'ard to build store on mv
laud. About the same time, 1 contracted with F. T.ift to plaster my buikling. My Iniildiug cost
me six hundred tlollars.

2d. Big Horn Citv is a (juiet town, settled chielly bv ranchers, unusually free from disorderh'
persons and cowbf)\s. Its citizens are orderly and of gooil character.

3d. I had been publicly lesiiling and doing business in Jiig Horn Citv continuously for the four
months and a half immediatelv preceding mv arre.st. and xvithin thirty niilca of Fort Mr Kinney ;
and I v'ls known to. -wmX had dealings w ith. such ie|)utable persons as .Sackett & Skinner. Lon
Knight, Fay .Soniers, E. H. Beecker, James CJlasgow, J. W. Custei & Co. and J. W. Austin, —
all of said Big Horn; J. H. Conrad h Co. and McCray and Bnel. of ButValo ; and M. C. Harris,
of Sheridan. The authorities at the Fort could easily have had correct information al)out me.

4th. I was arrested upon pretenrled informaticni given to the authorities at the Fort by a letter
written by a person at Big ilorn, of no reputation — not a leading citi/en, nor even a reputable
citizen — and who has since confessed that he knew he was giving false information.

5th. The informer did not claim the usual resvard of thirtv dollars, nor any reward, which
circumstance on the part of such a person should have put tiie authorities to inquiry before arrest-
ing me.

6th. The deserter, A. J. Heath, for whom it is pretended I was mistaken, was known to the
informer and to the Fort authorities to have formerly heen in the British armj', from which he

(It'scrted, and aftorwiirds. in Deociiihcr. 1S79, to have enlisted in tlie United States army, fiom wliicli
he dcsiMti'd at Fort [.Mianiie, Wyoming. July i.|. iSSi. F heianie Iwenlv-onc years old June 7.
i.S<S.}. I iicNor in my life, at school or in play, iiad any drill or piati'xe al arinn, nor serxid an a
solilier in an\ ni^iiiai' or solunteci t'oice. nor do I appi'ar lo have a soMierh hearinjj.

7th. The alleged deserter, I leaih, eidisted Deeemher 26, iS7(), ami served in troop K Fifth
United States Cavalry, of which Lienf-L'olonel Charles C Conipton is an otticei. anil i)art of said
ri'f^inieiit of cavalrv was, at the time of my arrest and for six months or more previous, stationed at
Fort MiKinney. It was hi^jhly improlial>le tliat the deserter Heath should, nnder sneh ciicnm^ian-
ces. selllt- and liiiy land and invest money at IJi^ Horn Citv, not manv m'les from tiie tort front
which he deserted, and ahoiil a day's journev iVoni l-'orl MiKiniie\, v\ liere \%as stationed part of
the very rej^imcnt finli which lie deseiied.

Sth. Lieiit-Col(niel Charles C. Contplon, commanding at l''ort McKinney, was informcil on or
hefore Feh. 26, 1SS5, by my attorney, Charles M. Hmritt, Esii., a notary pnhlic of UnlV.ilo, John-
Ron Con.ity, VV'yomin<^, that he. said finrrill. had met me at Rock Creek. Wvominj^, in the winter
of lisS^-iCS.f., wlien 1 was in the employ of Weatherhei' and Millini^s on their sheep ranch, and that
said Weatherhee knev, mc at Dedliam. On or l)elore said date he was inlormed that 1 had a hrotli-
er, Thomas Ci. llathevvav. residini; at Missouhi. Munlana, in the employ of I'Mdv . Hammond
& Co., of Missoula, and assistant mana;,'er of tlie Montana Improvement Companv. .Sliortly after
said date he knew of the existence of the atiidavits of my imcle. Simon W. Hatheway. an altornev,
practicini^ law in IJoston, Mass.. and of my mothtM'. Helen S. Hatheway, conohoratinj^ the .state-
meins I iiad previouslv made lo him ; and on or liefore Marc o also certain other atlidavils to
which weie attached letters \s ritten hy me alter <\v. ariest and pected i)v thi' otlicers in w iiose
custody 1 vvas. and one letter wriUen het'ore my arrest (the han.i-writin^ of all which letters was
identifieil as mitic), which atHdavits t'ully corrohoiated mv statements anil proved that I could not
be the person for whom it was pielended I was mistaken. The papers in my possession at the
time ol mv arrest and taken from me by CoionelComptoii — none of them were consistent with my
beini^ any othei than Artinu' Mrnest Hatheway. These papers included letteis moih nu mother
and sister and mv brotliers Thomas, (ieorge and Hcnrv. and niv micle .S. \V. Hatliewav. all cover-
ins^ a period of nearlv lour vears. One of these j)apers was a lettei of recommendalion written by
Eddy. Hammoiul I't Co.. of .\lissoula. Montana, anil yiven to mi' by them in .Sept. iHSz, at tiie end
of nearly a year's employment.

My money loss is not larjje, — beiti^f about tlnee thousand dollars (.$,^000) ineludiiifj; counsel
fees and all to date. My creditors swooped upon me as soon as thev heaid I vva^ in |>rison. charj^ed
with beinj; a horse thief and deserter, and mv property had to be sold at a sacrillce to satisfy them
in part. During; mv imprisonment, several persons o\v in<^ me left for parts unknown. Mv le;j;al
expenses Were necessarily larjje. es])ecially at Boston, Dedham anil .St. John, .is it took a j^reat deal
of time and search to find (//s/ntrrr'sh't/ pvisima who coulil testit'y positively as to my whereabouts
in December. 1S79, and July. 1S81. These expenses rlo not include the services of members f.f
my family and many kind friends who left their own business and affair;, to aid in ])r()CLirin^ the
cvidi'iice needed for my difence. and arranj^eil their business so as to leave at a moment's notice to
attend the court martial as witnesses. 'My iiealth is nearly restored, except that I do not have my
former energy and 1 seem to myself dispirited and discourajijed ; but that is jiartly due to the fact that
the conmiunitv still rej^ard me with suspicion, as one who has been accused of horsc-stealiiifj.

The money loss (and it took all I had and more, too), the injiu'y to my health and my sutVerinf^
in prison, severe as thev all are. sink into insignificance compared with the >4reat and irrcparal)le
injury done to me in this country, in accusino- me of beintj a horse-thiof. 1 am rej^arded as ''an
unconvicted horse-thief." Few pec)j)k: will believe that the U^nitcd .States military authorities vvould
have brought so disgraceful a charge against me and arrested me on it and held me a prisoner a
whole tnontk unless it was true ; and it is generally believed that I escaped conviction oidy because
1 hail a smart lawyer.

The tindings of the court martial and the nature of the eviilence were not as widely published as
the infamous accusation w.-ts, and I am now too poor to |)av for such pulilication of it as should be
made. It will lake me many years to live down this charge, and during all these vears I must live
under suspicion and w<)ik ibr less pay than others coulil get for the same services, anil all because of
this charge and the blunder, or worse, whicli caused me to be arrested and imprisoned f(>r a whole
month when 1 vvas utterly iiniocent.

ARTHUR EI^^EST HATHEWAY,
Hy his Attorney, ,SiMo.\ W. Hatheway, 34 School St., IJoston.

STOOP OF GUARD HOUSE,

KACINc; THE PAUADE.

Room of the Seiijeant
of the (Jiiard.

Stove.

("iiin R:n:k.

Cell '■ ¥.:

(larrison Prisoners.

•i^rn-

Stove.

O Water Pail,

-| l>»ur. L

I W,„- 1

I duw. I

Cell *■ A."
General iVisoiiers,

<l-HhH!-

l*ooi', i)oor. Dno].

J Win- I

1 <lnw, I"

Urinal nnil Water fllo^et.

-(N

Giiarrt House YirH. surrmmded l)y high stockade.

THE CASE OF ARTHUR ERNEST IIATHEWAY.

Sii])i)lcmcntal Statement, Corrections and Additions.

A. Tlie follow ii){:f clianycs will make my statement conform to the certified copy of the record of

the courl-iiiartial fiifnislieil 1>\ the War Department to my counsel, and notv before vie: —
For \\'ar/-(7/ read War// ; l}ellcii<;er, Hell/'n<^er : Kheimcr, R///mer ; \a\hh, hunat/. and
Alfred y. lleatii, omity. Ikvker should be Berker, and Lo// Knight, ho/'s Knight.

B. On, or liet'ore Maich to. l8^i^, die F(jrt authorities had received the atiidavits of 8. \V . Ilathe-

way, Helen 8. llatheway, Agnes A. Ilathcway, F. W. Baker, Warren Mf)rse, George
W. Weatherhee, Benjamin Wcatherhee. Anna M. Dean, Carrie E. Butman, Emma C. Gel-
dert and 8. Jennie Dean, and telegrams from Fielen M. W^ardroper. Helen S. Hathcway
and (ieorge F. llatheway. and letters from Thomas G. Hathewav and others, ascertaining
be$)nd (k>ul>t that I \vas Arthur K. llatheway, not Alfred Heath, never was enlisted, and.
prior to N$\enil)cr. iS8i. had never been west of Massachusetts. Colonel Compton had
also received the athdavit of my cousin Miss H. Carroll Bates, one of the teachers at St. Mary's

school, (iarden City, L. I., and a letter from Lieut. Tottcn, informing him of Miss Bates'

standing, and the reliabilitv of her testimony, positively corroborating my statements.

C. I \\ar. given to iniderstand that I was honorably acquitted Init that is not the record. The rec-

ord is that Altrcii Heath was hovarahly acquitted. And so my release waseHccted with-
out tiie record shnwingthat the authorities at the Fort had made a mistake, and without any
record declaring me innocent. I was arraigned on the following charges and specifica-
tions ; —

" CiiAitcE I. Deskrtion. SpecificatioH. In that Private Alfred Heath, Troop K, 5th
" Cavah}'. having been duly (-nlisted in the military service of the United States, on Decem-
" her 26, KS79, did ilesert the said service at Fort Laramie, Wyoming, on July 14, iSSi,
" and did rer.iain so absent in deserlKJii unlil he was apprehended at Big Horn, Wyoming,
■• on February 2!, 1885. and by reason of his said absence lie was not amenable for trial in
•' the meantime. This at Ffirt Laramie, Wyoming, on or about the date abov e specified."

''Charge H. Thkit. Spccijieatioti. In that I'rivate Alfred Heath, Troop K, 5th Caval-
" ry, did steal know ingly, and w ilfully misappropriate and apply to his own use and benefit
'• one ( 1) caxair} Ixjrst. valued at one hundred and twenty-five dollars ($125), more or less,
" fiunished and intended for the militarv service of the Ignited States. This at or near Fort
••Laramie, Wyoming, on or about July 14, 1881."

To each charge and specification 1 pleaded •• not guilty," and entered the special plea that I
was " not ^Ifreii Heath, but Arthur E. Hatheway, and was never an enlisted man in the
" United States Ann\." The proof was that Alfred Heath was guilty of each charge and
■ sjiccification, but that the accused was not Alfred Heath. The record of the court-mar-
', tial's finding is that the court finds the accused Alfred Heath '• not guilty" of each charge
and specifi^_ation •• and lioes therefore acquit hiin, Private Alfred Heath, Troop K, 5th Cav-
" airy."

AltVed Heath has certainly occasion to be gnitefid to ine. My arrest and iinprisonment witli
all the loss and suHering thcieby occasioned to me and my family have secured him a record
of acquittal.

■■-■rM

vou n'ctti/io- /,hti, bcCiiti.ic llwrc h property here tli^it belongs to

April 6. 1SS5. Gcii. O. O. Hownid. niiS''>ilici-f«»-'ncral. Cuiiimiinding tlie Deportment of the
I'liittc. iit Oniiilia, N'flnnbka. liis hc;i(l(|ii:irters, iipprovcd " the procecilinj^s, rnuliiif);s ;mcl
'• ;ii'(|iiittal," and ordoifd ** Prisritc Heath will he released from confmenienl." / had heen
ai litiirt\ since Marih 23. iSSs- "n which day the eoinl-martial haxinj; refused to siniinion
the witnesses asUed for hy my counsel, I declined to testify in \\\\ own hehalf and the pro-
ceedings were closed.

'1 he form of the record may be necessary inider the peculiar constitution of courts-martial, hnt
that docs f.oi help me.

D. I'lie testimony hefore the court-aiartiai showed that the man for \\ honi 1 was arrested was '• a

"neat, well-drilleil soldier, a sliort, thick-,-.et, fnll-hlooded Kn;;lisiiman, red-chei-ked. with
'• verv dark, hrownisii-ied hair. ln<j nose, oval forcliead. M.ick monslache, and mark<'<l I-n^-
" lish iiccent, sliorter than 1 hy .several inclies and several years older than I. and considera-
" hlv l)ow-le<^<^ed, with a hiniion and scar on Icll foot," and that tlie onl\- points of re.sem-
hli'.nce, if any, between us, are tiiat our shoidders are slopinjj and the head carried a little to
tlie left. Mv hair is brown to mud-color, \\\\ moustache not black, nose small, forehead
flat, j^ruminent over the temples. I am not thick-set, have not reil cheeks, luue no l'2n<j;lisii
accent and no tendiMicy to bow-lej;s. and 1 never (hilled as a solijicr or volunteer.

E. Tlie lirst letter pretending to inform the autlxirities that 1 was a deserter, was written Jannarv

J9. 1SS5. This was answered and the replv to 'he answer was written Feb. 2, 18^15. In
it .ShcritVis spelled .Shear/, find /(//</(', and hotel hutelL and the writer, having knowledge
of the otVered rew.ard makes no claim fot it, but tells the antiiorities ■•/ doiit think there
"will be env doubt "J
"him." Eighteen days later 1 was arrested.

F. 1 have stated that I was in peril of mv life. I"or several days I w as in charge of Sergent Kitch-

en autl two common soldiers armed with loaded guns, ordered t<i shoot me if I made the
slightest movement to escape, and to them, doubtless, I appeared what Sergeant Kitchen
teslilied at the coin-t-martial, he then b,-'ie\ed me to be, a desperado, deserter, horse-thief,
and im|)ndent impo.sli)r tr\ ing to bra/en it out liial I was uniocenl.
If either of these men h.id at anv time, nigiu or day. conci'ived the iile.i that 1 was making a mo-
lion to escape he would iiave shot me and been justilled In liis orders. M\ lite iK'pended
on their understanding what mv movements iVom time to time meant. .\n imjiulsive move-
ment of mv bodv. an iuvoluntarv or heedless motion might h.ive been the signal to either of
them to shoot. I was indeed in peril of my life.

G. The jjerson who misled the authorities to arrest me is woithlcss in a double sens*.', and if an-

sweiai)le to me in damages for his misconiUict. has no [iropertv to pav the judgment. It is
(ioui)lful if he couhl be niade to answer civilly, and elli)rts being made bv ni\ att<)rnev,
Charles II. Uuriitt, lCs(|., to have the offence punisheil as criminal have not yet been suc-
cessful.
The otbcers and soldiers at the Fort juhtifv imder their orders, so that my onlv recourse is to
the I'nited Stales (iovernment. which will, I know, desire to do wiiat is righ.t. and to so do
it as to give new assurance to all intending settlers in the great West, that their rights to lite,
libertv, and the pursuit of iiappiness ari' secure, whatever their nationalitv. and that if foi' a
moment b_\ au\ accident or mistake the securitv fails and they sutler an injury at the hand
of the (iovcrnmeut's agents, the compensation will be swift, sure and ample.
I append the affidavit of Charles II. liurritt, Esii-, of HuHalo. Wyoming, the attorney vvlio de-
fended use before the coint-martial. I5ut for his aid geneiously rendere<l without recpn'ring pav-
ment or guarantee in advance, where would I now be.'' /« all probability in /'ort /'.eavenicorth.
UfiJcr a ten year's sentenee. and m\ friends vainlv endeavoring to ellecl my release.

This gentleman had met me once and for only a short time ; but he, without hesitation, took up
my Ciuise and defended mo to the ijnd. After the case was over, he was [)aid in full his modeiate
bill, some months ago, partly in cash, and ))artly in notes guaranteed by niy mother and sister ; but
gratitude for his noble and chivalrous conduct remains a debt 1 will ever owe hitii. Mav all men
in like distress find such a lawvei.

ARTHUR E. HATHEW.W.

Sept. 16, iS^S.

Hy SIMON W. H.\THEWAY, h/s Att, mey,
^4 Si ii<)Oi. .SriiKKr, HosioN, M.\ss.

,^r^_

Speciai. ()(([)i:hs. )
No. (/). J

( i-.siiiKi r "I.")

III. AiK^^iAit ii;its I)i:i-Ai( r.MKM <>i rin; I'l aitk.

Omaha. Ni.iiKAsKA, .N.ncml.ti i, 1SS.4.

I A.\ •/■A'.(t'y./

7. A ;,a'nei:il Cm t-M;ii ti;il is Mppoinlol to inn-t at l'"ni t .McKiiuu's . \\\ oniii;.r, „„ the ,7th
day <)» Novi'inlKr. kSS|. ..r a.s .soun tliLivaftcT as piacticalili-. lor the- trial ..fsiKh niis..nc.s as may
he l)l.)iiylil l.cluii; it. "^

I->KrAll. I(ii{ niK Coi K 1.

1. Captain l^iiiil .\<lani. 51)1 t'avalr\.

2. Captain Wlliiam C. F(.il)iisli, ^tli (/a\ali\.

3. Capt.iin I^hcnczer W. Stone. 21st InlantiA.

.|. Captain \Unv\ S. Tiinill. Mc.lical Department.

5. Captain William I. Heed. 7tli Infantry.

6. i.st Lieutenant Charle.s II. Rockwell. 51!) Cavalry.

7. 1st Lieutenant Georj^e II. Paddock. Sili Cavalry.'

S. 1st Lientenaiil Franci.s K. Kltonhead! 2isl Infantry,

y. 1st Lieutenant lidwin I'. .Andrus. ^tli Cavalry.

10. 1st Lientenant Fiaiuis J Patten. 21st Infantry.

11. I St Lieiiten.mt Homer "NV. Wheeler, stli Cavalry.

•12. I.st Lieutenant i:iienezer .Switt, Jr., .Adjutant sill Cavalry.

13. 2(1 Lieutenant Charles AI. Tru'tt, 21st liilantr\\

14. ist. Lieutenant Wittich, 2i,st intantry. Jud;.,a>".\(l\ucate.

The travel ilirecte<l is necessary for the public .service.

13y order (.f BRKJ.XDIER GEMCR.XL IlOW.VRI).
•"^ ''^'^' '"Vy- (Si.U^) J. H. T.\A'L()K. Ass/.sfa,^t AJjutant General.

JOII.N H. WiAA.WKWllK. jd J.li'iitotanl, 311/ L\>valry. J„Joc Adiocntc.

Si'KCIAI, ORDtns, )
Xo. 2. \

HEADqj'AHTKKS DkI'ARTMENI OK TIIJ-: Pj.A riE.

Omaha. Xchhask.v. January 5, 1S85.

(EXTKACT.)

3. 1st Lieutenant Wdlis Wittich, 21st Infantry, is relieved from duty as Tml'^e Adyocate of
the General Court-AIartia! conxened at K ort McKinnev, Wvominj,'. bv Paramai.h'T, Special Orders
Xc. 96, series i8.S4, from these I lead.iuarters. " " ' ' ' i

Ry order of URKLADIER GE.\ERAL HOWARD.

"^ "■^'^' ^••'P>' (Sig.) J. H. TAYLOR, Assistant Adjntant General.

JOHN' R. RELLIN(;ER, 2d Lieutenant, sth Cavalry, Judge Advocate.

« ^r 1 \ , "^'IIPWAY.- At the opening of the Courl-M.-.rtial the |.ri.one. ol.jecte.l lo isl Lieutenant Kbeii-

Tio'n TV: •'hi' :)''^"'-"" 5'\* ;'^" -"y- '•","!« ='^ » '"<="•'»:•■ "f 'I"- ' -n.rt, on the «roun,l that hc^vas a witness for the prosccu-
t.on. ThL objecnon was susla-neii, a.ul Lieutenant Switt di.t not act ab a Judge but testified a, a witness for the prosecution

;wMi^

lliiAixy, Auri.Ks Di;i'.\Ki MKsr oi. imk I'i.ai ik,

S.-KC.A.. Okdkus, ) ^''^"^' Nehuaska, January 5, .S.S5.

No. 2. \

(j-:.\rj<.ic-j.)

4. 2(1 Lieutenant John B. Bellinger, 51!. CJavalry, is detaile.l as J,„l-e A.hocatc of tl.e (Gen-
eral C.nnt-Mart.al convened at I' ort Mc Kinney, VVyon,inj,r, hy l'araf,^raph 7, Special Orders, No.
96, series 1 {5^4, from these Headquarters. f- 1 /' 1 uli , .>„.

By order of BRI(J.\I)1I:r (JKXKKAL HOUARI).
•^ ''''" '^"l'>' (SiK-) J. H- TAYLOR, Ass/s(u>U .Uj,Ua,U Gcural.

JOHN B. BELLLN'GER, id Liculcnanl, ist dn.ilry, J, ,d^nc Advocate.

HKADq.l-ARTKl{S DeI'A'UAI KNT OI' THE Bt.ATTE.

Speciai. Okpeks. ) ^^"■'" '' ^•^"•'■^-KA. January ,4, ,885.

No. 4. I

3- Captain William I. Reed, 7th Infimtry, ist Lieutenant Francis E. Eltonhea.l, 2.st Infantrv
St L.eucenant Homer \y. Wheeler, 5th Cavalry, and 2d Lieutenant Charles M. Tr.litt. 'ist f ,:
ry are relieved as members of the General Court-Martial, convened at For. McKinuc^ , Wvomii'i
by Paragraph 7, Special Orders, No. 96, Series 1884, from these Headquarters.

By order of BRIGADIER GENERAL HOWARD.
'^ '■■"'-• ^'°P>' (SiK.) J. H. TAYLOR, Assistant Adjutant General.

JOHN B. JiELLINGER, 2d Lieutenant. 5th Cavalry, Judge Advocate.

(i-.MiiiuT '• nr

CHARGKS AND SI'ICCIFICATIO.NS

IKr.lKKkl IJ Ai.AlNM

PKlV.Vri^Aljq^in) HFATII, Troop "K," 5th Cavalry,

Charge I. DESERTION.

vice at ro,t Karun,ic. Wv..n.hJ^'o,^ ',f Sr\nMi7 "'^ "^79. <li.l d.-scr, U.c .nil . ^
was app,H,en,U..l a, Hi. Hon.r Uv.;;;;;;.;,^;,^!^:,;; " ;' r^'"!^!'^ ^^ ^"7"' - ^'--ti-n until i,e
seiicc Ik- was nut a.uniaMe ibi trial in the mean time. ^^' ^ '''"""" '''■''''' '*''''' •«''-

Ik'd.

Tliis at [•'oit Laramie. VVv

oming. and liiir Ho,„. Wyo

ng. on or about the dates above speci-

Charge II. THEFT.

Specikic ATioN. — In that Pri\i(<' M(V ,i ii .i i^
in«!v and wiHnlly n.isappvopriate and app , IT^^, ^H! i", .-f ' ^"^^^^ ''''' ^'^''^ l^""^-
ucd at one himdre.l and . vontv-five (ir/s - .^ ''"''''';''""'■ ^ '> '^^'^^'''V l''>rse. val-

...ilitary service of the In.ted States '* '^^ "'""" "'' ''-■■'•'^' f'"-nished and intended for the

This at or near Fort Laramie. \\-yo„,ing, on or ahon, fulv ,4,],. ,S8,

JOHN B. BELLINGER. .. U.ute.an^^ ,M C«:./,, y..^. .,,_,,.

rMTKlJ SIAIKS OK AMi:i<H\.

'rKHIdli'liH III \\A ti\IIN(., I

Cm \IV <>|. luilNsiiN.

t'liaili's 1 1. |{iinitt. (>!' Itiilliilo, Jdlinsciii Coinit_\ , \\'\ omiii^ 'I'ci i ilm \ . nl" hi win I .ij^f. Iirin;; llist
iliiK ^woi'i), iipitii Ills oiitl) ik-pusc's iiiul .siiys a8 fullows : —

I am an attuincN-at-law , ami liaxr icsiilcd at Itullala af'oics.iiil. cnntiiuioiislv since Scptc-inlKi ,
iSS_^, anil liavc ln'rn thi-ri' cii^aj^ed in llu' i»iai.'tii:i' ot iny (Jiot'i's^ion. 1 was cni|)liivi.'(i un i'\'liriiai\
2^, 1.SS5. Iiv Artluir I'mt-st llatlicvvay, to comluct his ik-foiisf lu-tuif a j,'i'm'ral lomt-niailial iipun
the char^^fs coniaint'd in the i-xiiihits heroto attaciioil. inarkcil '• A " and •• U." Said A. K. I lathi-
way I ami' inl<> in\ 'itlii'r in iiistodv uf a SdIiIIit, and slated In nu' lliat lie was under anesl eliar<(ed
w itii deseitidii. and desired me to > 'sit him at I'mt MeKiiniey. ! at oni e leeoyni/ed him a> :i \ <inn;j
man that I had seen in ihe winter <<( iM>S^-.| at the Thn'iiiiur'^h liuiise in i.aiatnie C'il\, W Mimin;^,
while I was a transient ^nest nt* said hoiihi', and in eompunx w ith one W'etherhee. el' the linn of
\\ I Iherhee iV Hillini^s, sheep ranchers, near said Laramie L'ity . Mr. A. 1',. JIatheway inl'ormed
me then that he was a Uiitish siihject. had never heeii in the I'nited Stales Annv or an\ other. I
advised him to make the same assertion at Fort MiKinne\ on his .irrival there, and I would take
steps at once to have him released. My comeisation at Ihis time with m\ client was liiniied .is the
guard rem. lined conliinioiisK in ihc room.

On Wednesday, le' rnary J5th. 18S5. 1 went t(j l'"ort .McKiimey to ha\e an interview with ins
client. I m.ide aip])lication to the Serfjeant of the (Jnard at the Ciiiard llonse for snch an interview
.111(1 '.sas informed by him that I was not to he permitted to see him. that my client was in clo.se con-
linement .ind the orders were very strict not to all<iw any coinmiinication with him. and I was re-
ferred to I.ieiilenant Paddock. Oflicer of ihe Day. I at once went In IJentenant I'addoik's (|narters
and nolilii'd him tiiat I was counsel tor llathewa\ and desired an inter\ii\v with him. Lieiiliiianl
I'addock told me that t'doiiel t'ompton. the I'ost Commander had j^iveii him strict orders not to al-
low am one to cominnnicate with that man, and ,id\ ised me to apjily to Colnnel Compton himself,
when I wonld no donht receive the rripiired j)ermission. Li;-ntenaiit I'addock then asked me, "do
•' von think that this man is a deserter.'" To which I reiilicd. •• I have had very little talk with
•' him vet. luit I am contidenl that [ have seen this same man in company w itli Mr. Wetherhee of
•• L;;rainie trity, and at the 'rhornlinr>;h i louse in companv with nuii of sucii i.liaracter as to jMecliide
••the iilea that he is a deserter, ami I know th.it Mr. H'etherhee lived near lioston. .Mass., and is a
'•man well connected there. I cannot tliink that Ilathevvay is a deserter.''

I then went in search of Colonel Compton, calliiifj at his otfice and his honse. I met him near
the garrison stables, .ind npon my rejiresi ntation tiiat I was connsel tor 1 l.itiiew av . L'olonel Comp-
ton acc<nn[)anied me to the (inard Honse and gave verbal orders to tlie .Serge. int of the (iii.ird to
allow me an interview with ■• that man ifeatli " in the oflice of the Sergeant of the (inard, and that
I shonld not be iutcrnipted or disturbed by anyone. He then requested me to call at his hon.se when
1 was at liberty.

I was then admitted to the .Sergeant's Office in the Guard House and the Sergeant retired to
another jiart of the (inard Honse and returned with my client. Mr. Hathevvav then slated to me
who he was, and as near as hi' understood tiie charges agaiiisl him. lie complained to me that he
was closelv contined, had no bedding because he had refused lo sign tlu- name of Heath and had
been grossly insulted by the ( )iricer of the I)av and othei's. 1 took the n.iines and .iddresses ot" the
relatives of Hathewav and the names of persons in whose emplov he had been, and then went to
the residence of Colonel Compton, where 1 had a long interview w ith him. 1 told him as I had told
Lieut. Paddock that I did not believe he was a deserter and gave him the names and addresses of re-
sponsible parties- in Missoula. .Montana, Hostoii and Dedham. Mass.. and ,S|. [ohn. Xevv Urunswick.
Colonel Comj)ton liror.iised to investigate tiie n>attcr. 1 then requesteil that Halhewav be furnished
w ith iiecessarv bedding .md be treated w ith the consideration due to a citizen until such time at least,
as he should be proved to be an impostor. 1 returned to BntValu aiul at once communicated with
Eddy Hammond tt Co., Missoula, Montana, in whose employ Hatheway hail represented to inc
that he had been. J received in answer to my letter to Eddy Hammond & Co.. a telegram from
l'"ddy Hammond in which the assertion was made that Artluir Ernest Hatheway was no deserter.
This telegram I at once showed to Colonel C. C. Compton. Lieut. E. Swift. Jr., Post -Adjutant,
Lieutenant Bellinger. Judge Advocate and others. I received early in .March. 1.S85, and prior to
the loth, some affidavits from the family and others, clearly showing that there was a mistake in
the ariest.

Notwitlutandhig tlicsc convincing facts. Hathcwny was nnt relcascfl until Moinhn . M.ircli ;^,
1S85, at vshicii time tin- Coiiit-Martiai hiwliv^ iuVynwwa] m'/w i/ic, I wa*. iiifoiimvi l)\ C'liailcs C'.
Conintnii, Post C'onimandatU, tliat Captain .Adams, I'lcsidfiit of tlu' Comt-Maitial iiad iiotilicd him
iiiinlticially tlial tlu- L'oiut-Maiti.ti lia<l no I'lirthcr use for inv client, .md tiiat he was at id)ei'!\ to <^o.

The s|u'iial |>li-,i I'nii red li\ me was snlistantiali\ that mv rliiiil was ii(>l Alfieil licath .md that
lie uas .\ii1hii 1^ llallu\\a\ and iiad never been an inli^ted m.m m tiie I'liiled Stall's Aiiin. The
])n)of was ov erw hLlmin<^ .md imdinied tiiat .Mtred Heath \>as a deseitor and a hll'^e-dlief Ft was
also cleails cslaiilished lliat mv client'-- ispecial plea was true, and n<itwithstaudm<i tliis. the C'lurt-
Martial as 1 learned with smprise wlit-n the vcidict was maiie puhlic. completely i;4iiored the special
plea and contrary to tiic evidence rendered a verilict that .\HVed licath was " Not (juilt\."

1 was ()resent at the Court-Maitial at the esaminalion ot'the ."~>,iddlei trom l'"orl Niohiara. and
heard and witnessed the whole jnoctedinj^ n.irrated in llie puhlished >-taii'mciit of Aillnir I'.rnest
ll.ithewas i>n paj^i' two. I'lie statements . if thai m.iltei are true c)t" niv own knowledjjfc. I imiuedi-
alclv made written memoranda of the same. Lieuleiiant I'adilock said he fhoufjht he had detcil-
t'd a seal, .md at my reepiest llatheway a^^aiii removcil his hoot and sock and Lieu'-twit I'adil.ick
looked closel\ Imt did pot say whether he saw a scar or not. M\ client said to Lieutenant I'addock
in an ordinary tone ol' voice, still holding his sock in his hand " .Are vou satisfied:" At which
l.iiuteii.ml I'.iddock Unin-d toward my client .md sliakiii"^ his fist in his fate sai<l in a nide, insult-
in'.; and a1'usi\e manner. ••Don't ^i\eme none of your lip." and immediateh made a motion th.il
the com I lie ik'aii'<land liial lladiewa\' he contined in the (luar.l House.

No notice was taken of Lieutenant I'addock's motion, .-md the hnsines.s then proceeded.

I h;i\e carefully read the puhlishcil statement of .Arthur I'^rnesl Hatheway and the same I l)e-
lie\c III l>e iriR. Mans of tlie materi.il lacts slated therein are true, as I know Iroin in\ own knowl-
edge, and tlu rest were communicated to nu' diirini; the tri.il. as thev occuried, hv m\ client .md en-
listed . len ill the iiariison. and maii\ of them h\ cili/cns.

It was no secrel in the post llial the iii.il ol' I l:itlie\s .iv was proci'eded with lor the express and
onlv purpo.ic of esoneratin-; Ihi; ollicers who h.id been instrumental in causin<( tiie arrest. The man
Trum|H'ter Warren, had heen the- most intimate associate of .\lfred Heath, and was better .ihlc to
determine the fad as to w lu'ther mv client was or was not Heath than anv other man obtainable, and
Trumpeter Warren as.si'rted in my presence and that of one of the ollicers <it"the cfnii I. that m\ cli-
ent was not llealli. Lieutenant Ikdlin^^ei nut only knew this but alsn refusid to call him as a wit-
ness. 1 am s\ell acquainted with Hi;; I lorn, iiid its resident citi/ens. anil know the reputation of
the comnumitv for peace and j^ood order It is not "a resort foi the hardest set of citizens of John-
son County," and does not nor has it had durinj; my residence in Johnson County any such reputa-
tion, and all statements to the contrary arc base and malirious falsehoods. Tlie town is one of mi-
nsual >^'ood order, and the citi/.ens are now and alw.iys have been since the comitv was orjjaiii/.t d. a
pi'ace.ible. iiiiiet. and law abidiuj; community as the records ofoui courts will siiow.

The trial ot'Mi, llatheway w.is a larce. and an imposition, and his lieatmeiit at l''orl McKin-
ney duriiij; the llrst part nl bis contiiicment. as 1 am told b\ enlisted men who sersed as j^uaids, w as
cruel, abusive and oiitraf^eous. anil f have every reason to believe and do believe that had we been
located near to a Judyc of the I nited States Courts the arrest would never have taken place, and
thai the arrest and trial of Mi. Hatheway by the Cnited Slates Army Tribunals was uncalled for, am!
w ill) the exeicise of the must ordinarv jud.LCinenl couldand would li.ivcbeen .'ivoided I assert as mv
fixed i.oiiv ictlon from mv knowledtic ot'ihe case.

CHARLES H. lUKRirT.

On this 9lh da\' of .Si-piembrr. i.S,S5. bet'ore mo, N. L. Aiulrews. a I'nited .'stales Conmiissioner
in and for the .Second Juilicial District of Wyoming;. ])er.sonall\ came Charles H. Burritt, and sub-
scribed the foregoinj; sUiteniciit in ni\ presence, and made solemn oath that the same is true as
therein stated

I further certifv that I am well aci|uaiiited with Charles H. Burritt, the above subscriber, and
that he is a person of respectability, and to whose statements full credence should i)e <;i\en.

Witness m\ hand and OtVicIal Seal the da\ and vear last above written at Hut'-
alo. Johnson County. Wyoming; Territory.

N. L. ANDREWS, I'liifed Stales Coniniis.sioucr^

2d Judicial District of Wy((mii\<i' Terriloiv .