Viewing page 9 of 40

This transcription has been completed. Contact us with corrections.

Bu. R.F.& A.L. Magnolia Duplin Co. N.C. June 29, 1867

Brig. Gen. Allan Rutherford
Supt, Bu. R.F. & A.L. So.Dist.

General 

In compliance with your instructions as well as my usual custom I attended the recent session of the Court of Pleas & quarter sessions of this County & especially noted the proceedings in the cases of Freedmen who were then arraigned for trial and very respectfully submit the following Report as the result of action in the cases alluded to above

The first case of any importance, was against "Ivy Tillman freedman charged, with two white men, of stealing a horse which was clearly proven and they were all sentenced to be whipped. The next case was against Fernel Williams fdm charged with the larceny of a horse from Cornelius McMillan in 1865. The two cases following being identical with the one last named, being Wm Brice vs. Starling Buffalo fdm. I thought it my duty to obtain an attorney to conduct the defense. I engaged Capt. John W. Stuttings to whom Buffalo paid six dollars ($6). The cases were not put to the jury but were argued before the Court, who, after argument, were unanimously of the opinion that the prisoners were not guilty; from which decision the Co. Sol. appealed on a question of law to the next term of the Sup. Ct. of this Co. to be holden in Mar. next. I am security for the appearance of both parties at that time. As you are conversant with the case of Starling, and the other being precisely the same, I have not thought it necessary to repeat the nature of the offense. After the trial, and the responsibility of former bondsmen had ceased, I went to Brice and demanded the return to Starling of the property he held in his possession belonging to Starling which he said he would do. I was, I am happy to state, informed by Starling, himself, that he had received all of that property

I have the honor to be General 
Very Respectfully
Your Ob't Servant
H H Foster
Bvt. Maj. U.S.V.
A.S. R.F & A.L.