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61 1210. DAVIS, Fort [left margin] Novbr. 29. 1872. Commanding Officer Fort Davis, Texas Colonel,

                   Referring to your communication of the 21.st. inst., the Commanding General regrets with yourself, that the state of affairs exists, as represented by you, and is glad that sudden retribution was visited upon the head of the offenders.
                   In relation however to the case of Musician Martin Pedee, Co. "E", 25" Infy., referred to by you, he wished me to inform you, that the sole responsibility for a reduction of his sentence rests with the Court, or the Judge Advocate.
                  The proceedings have been forwarded to the Judge Advocate General of the Army, but the main facts are fresh in the memory of the Commanding General, who reviewed the case with great care.  The Evidence, as spread upon the record, failed entirely to prove an attempt at rape: nor in fact was it clearly charged in the specification, which alleges an assault and an "attempt by force to accomplish his purpose". (Query: what purpose?)  It has often been noticed, that, as was apparently the fact in this case, when guilt is very evident to the Officers, composing a Court, Judge-Advocates were correspondingly careless in the introduction of evidence.  The fact of an assault of some nature, appeared proved - hence the punishment of the prisoner.
                   Further:  the reviewing Authorities thought seriously of disapproving the case in toto, for the reason that the identity of the person, making the assault was left doubtful.
                                                                                               Very respectfully
                                                                                               Your obdt. servant

M.1665.D.T.'72. (Sgd) G. B. Russell

                                                                                                     Actg. Asst. Adjutant General

____________________________________________________________________________________________________________________________ 1212. Hdqrs. in the field, Fort Sill, I. T. TATUM, L. [left margin] Novermber 22, 1972. Mr. Laurie Tatum, Indian Agent, Kiowa Agency, I. T. Dear Sir: