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0762

State of Alabama
Baine County 

To the Hon Captain Robert Harrison Comd 33d US Infantry at Jacksonville Alabama

Your petitioner a citizen of Color and a citizen of said County and of the age of eighteen years respectfully represents unto you, that he was imprisoned in the County Jail of said County on the 20th of March last [[strikethrough]] of [[/strikethrough]] 1867. Upon a Capias issued from the Circuit Court on an indictment for a Rape upon the person of a Colored girl named Milly Burgess and about the age of ten years — and that he has been so confined in said Jail to the present time.

Your petitioner further represents, that under the laws of the State of Alabama, he is entitled to bail under a Writ of habeas corpus. but he can only make application to a Chancellor or to a Circuit Judge.

He further represents there is now no Circuit Judge for this Judicial Circuit, Judge B.T. Pope having died, and no other person has been appointed or qualified to act. Since the said vacancy occurred — and that the Chancellor and the nearest Circuit Judge — is of a great distance off and entirely out of petitioners power to apply without great expense and inconvenience,

Transcription Notes:
---------- Reopened for Editing 2023-09-10 12:47:24