Viewing page 56 of 274

This transcription has been completed. Contact us with corrections.

of Montgomery of the arrest of Malone On Wednesday morning I appeared at the City Court to be present at the examination of the other parties arrested. I had with me Messrs Heflin and McCraw City Attorneys as Counsel, but I was surprised to find that the persons in custody were no the men described by me, although of the same names, they were discharged during this time one of the guilty persons was sitting in the Court Room. I have not yet arrested him for want of proper evidence against him. The City Authorities informed me that they could not send to Montgomery for Malone unless I would pay the expense incurred. This I deemed a most remarkable circumstance as the State was supposed to be the prosecutor. The interview ended by my telling them, that perhaps the prisoner would be fully as safe in my charge.
That afternoon the Guard was sent; upon the assurance that the Marshal would furnish the Corporal in command with the necessary papers to get the Prisoner The Marshal reglected to send the Warrant required, In the meantime it was reported tht you had the Prisoner in charge and that he was subsequently released on bail to appear at the first City of Circuit Court at Selma for trial.
The Warrant for the arrest of Malone issued by Justice Strong was forwarded by the first opportunity after I received the Telegram of the 1st Inst directing it.
These are in detail the facts in the case so far as I am informed. 
I have the honor to be very respectfully
Your obt Servant
Geo Shorkley
1 Lieut 15th US Inf
Commandg Post