Hoff to Morgan, July 30, 1884
Mr. Hoff to Mr. Morgan.
In reply to your communication of July 19, received to day, asking the present condition of the case of Howard C. Walker, I beg to say that I consider it desperate for the following reasons: Howard C. Walker was placed in jail on March 19, 1883, on the accusation of José Teran of having stolen wood and shipped the same on hoard of Norwegian hark Circassia.
Although he has repeatedly demanded a trial of his case he has never received one, nor has any proof whatever been produced by Teran to substantiate his charges. By an order of the court the vessel was discharged during the month of March, 1883, to ascertain if any of the wood claimed by Teran was on board of said bark, and after a careful examination of the marks of every log, not one was found such as claimed by Teran.
Mr. Walker is the shipping clerk of Mr. R. H. Leetch and put the cargo on the Circassia under his order. The work was done as usual in the day time, and a receipt for the timber put on board was taken by Walker from the captain for Mr. R. H. Leetch. Walker was never notified by Teran or by the court or by anyone that there was any claim against the wood, and it was not until after he had been in jail for several days that he knew the nature of the accusation against him.
As a matter of fact, the accusation is false, as was shown by the official examination of the wood above spoken of, which proved it all to be the property of Mr. Leetch, but this very fact has produced the deplorable results against which he has already protested before me (as appears by the copy of protest which I forwarded to you), for his accuser, knowing that, should the case come to trial, Walker would be cleared and he himself punished for making a false accusation against Walker: thus he has made every effort to postpone the trial. Meantime, Walker remains a prisoner under $40,000 bail, which is excessive. It was not until his health was entirely broken down and his life imperiled that any bail was accepted. Since he left the jail he has been confined to his home, and much of the time to his bed, his lungs having been so seriously affected that he is at present, and has been for some time past, suffering daily from hemorrhage of the lungs.
Under the law as administered here there seems to be no hope that a trial will be reached, for by taking advantage of the right to recuse the judges, and putting every possible obstacle in the way of the trial, the ease is no nearer completion than it was sixteen months ago. Meantime, should his health improve, Mr. Walker may at any time be ordered back to jail, as bail was only admitted on the account of his ill health.
The bail is clearly excessive, as the whole wood in dispute, that is, what was claimed, is not worth more than $2,500 at the outside price, and never was.