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thing [[aster?]] to be in time for trial Thursday 13th Dec, 10 o clock A.M. The Parties were arrested and brought into court. The witnesses for the state and for dependents all present except (Hulda and Lucy Burbage) But no Prosecutor. The court wasted till after 2 o clock P.M when the Attorney for Defts. moved a dismissal of the case on two points 1st That the parties had been previously tried for the same offence. 2nd That there was no one to prosecute the case - The case was dismissed. 

I would [[see the?]] sequel mose respectfully state that such cases are often brought to make if possible a collision between the Federal authorities and the Judicial of the State. There has been no desire in this Beat to withold a full measure of justice from Freedman. And but for the villainy of James Elliot alias James Burbage your department would not have had any communication with this office. We have not - Nor will we be liable in Justice to the exercise of the power exhibited in General Order No. 44. We give to all without regard to colour a full measure of justice as far as we know it from the laws to which are amendable - The laws that are in force in the state of Alabama.

If you can do so conveniently I should have your acknowledge of this letter. 

With sentiments of high respect I remain yours
Truly
B.J. Smith J.P