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362

Head Quarters Sub Dist of Alabama
Montgomery Ala Jany 31" 1867

361/363 
Greene Bvt Maj S.C.
A.A.A.G. Dist of the Chatt.
Macon, Ga.

Major

I have the honor to forward herewith the Tri Monthly Report of this Command for Jany 30th 1867. 

Very Respectfully
Your obdt servant
Major General


Head Quarters Sub Dist of Alabama
Montgomery Ala Jany 31" 1867

356/366
Tracy Bvt Maj Geo. H. 
Supt Mobile Ala

Major

In forwarding you the enclosed order the Assistant Commissioner directs me to say that if the relations of the Bureau with the present U.S. Marshalls were more harmonious, an order of a more general character would be sent, directing you to take up all property belonging to the Bureau under the Presidents order of Nov 11" 65, as there will probably be a change in this office it has been deemed advisable to delay action until such action takes place where the interests of the Bureau may be more readily secured. 

Very Respectfully
Your obdt servant
O.D. Kinsman
Supt


Head Quarters Sub Dist of Alabama
Montgomery Ala Febry 1" 1867

344/371
Meredith Bvt Maj D.M. Meredith
Comdg Post of Montgomery

Major

Please return the paper I sent you yesterday relative to the ambulance.  You will comply with the endorsement thereon. 

By order of
Major General Wager Swayne
JF Conyngham
1" Lieut 24" U.S.I. & A.A.A.G.


363

Head Quarters Sub Dist of Alabama
Montgomery Ala Febry 1" 1867

362/384
Greene Bvt Maj S.C.
A.A.A. Gen Dist of the Chatt

Major 

I have the honor to forward for the information of the Bvt Maj Genl Comdg the following statement.  On the 29" Ult the City Marshall of Selma telegraphed to the Marshall here to arrest one Milton Malone which arrest was accordingly made.  On the morning of the 30" Ult the Mayor of this city decided to send the prisoner before a Justice of the Peace that the question of his commitment for trial might be determined.  This action was decided upon notwithstanding the fact that not one of the witnesses relied on to substantiate the charge against him was at hand.  It was known that he had shot and seriously if not fatally wounded a soldier belonging to the company now on duty at Selma, and it being clear that the Justice of the Peace would in the absence of supporting proof take such course as would permit him to escape, it was deemed advisable in accordance with General Orders No 44. from Hd Qrs of the Army series 1866 to interpose the military arm, and to hold the prisoner until "a proper judicial tribunal was ready and willing to try" him.  In this case it was considered that the "proper judicial tribunal" was the court at Selma where the offence was committed, and where witnesses for and against could be procured.  On the evening of that day (the 30" Ult) a writ of Habeas Corpus was served commanding me to have the body of Malone before the Judge of the Circuit Court for Montgomery County at 9 a.m. on the 1st February inst and show cause for his detention.  The writ bring complied (copies of the writ and return are herewith enclosed) the Court directed that the prisoner be remanded to the custody of the Sheriff to await the arrival of a warrant from the Civil Authorities at Selma.  The prisoner was accordingly transferred.  The soldier shot though not dead is in great danger.  I feel obliged to express a well considered apprehension that the trial of the prisoner before the Civil Authorities of Dallas County (Selma) will not result in a punishment at all adequate to the offence, and that this may in part be due to the connection of the victim with the military service. 

Very Respectfully
Your obdt servant
Major General