Amos T. Akerman to D. J. Baldwin, 10 November 1871

Nov. 10, 1871. D. J. Baldwin, Esq. U.S. Attorney, Galveston, Texas. Sir: Your letter of the 2d instant in relation to the prosecution of David D. Whiting has been received. Your perplexity appears to have arisen from the use of the phrase "civil prosecution," which was quoted in my letter to you from a communication from the War Department. I suppose that this phrase was used in reference to a prosecution in the civil, as distinguished from the military courts. Capt. Hodges being an officer of the army I suppose he either has been or will be proceeded against in a court martial. I do not understand that the War Department requests a civil suit, but only a criminal prosecution in the civil courts. If I should learn that a suit against either White or Hodges, or both, for the recovery of the money, is desired, I will inform you. In the meanwhile I should be glad to have any information which you may obtain in reference to the probable productiveness of a civil suit. Very respectfully, A. T. Akerman, Attorney General.