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100 Wilmington. N.C. April 13th 1866 Rutherford Allen Lt. Col V.R.C. Supt. So. Dist Calls attention to the case of Duncan Holmes a freedman Hd Qrs Post of Wilmington Wilmington N.C. April 18 1866 Respectfully forwarded for instructions. Duncan Holmes freedman by virtue of an order form Brt Brig Genl Abbot then comdg Post of Wilmington took possession of some tools that the says were his property and in the possession of one "Wells" It is claimed by Wells that he took some other articles not tools at the same time and has had Holmes indicted and held to bail to appear at the next court to answer to the charge of Larceny Holmes claims that he took nothing but what he had authority to take by virtue of the order and that he acted under it and asks protection of the military authorities (sd) DB Peninton Capt 28th Mich Vol Comdg Post Hd Qrs. Department of N.C. Raleigh NC April 20 1866 Respectfully returned to Captain DB Prininton Comdg Post of Wilmington N.C. who willfully investigate this matter and ascertain whether the negro did really take any tools that his order from Genl Abbott did not allow him to take. If so he may be tried by the Agt. of the Freedmens Bureau in a military commission if it is a case which under existing orders does not come within the jurisdiction of the civil courts. If he took 101 no more than the order authorized him to take he will under Genl orders No 5 Current Series from these Hd Qrs be protected from prosecution by the civil courts. These papers to be returned with report of action By order of Bvt Maj Genl Ruger (signd) J.A Campbell A.A.G. Hd Qrs Post of Wilmington Wilmington N.C. April 24 1866 Respectfully returned to Col Rutherford with reference to endorsement form Dept Hd Qrs Cannot this man be tried by an Agent of the Freedmens Bureau (Sigd) D B Prininton Capt 28 Mich Vol Comdg Post. Bureau RF & A.L. Hd Qrs. So Dist NC. Wilmington April 24th 1866 Respectfully returned to Capt Peninton Comdg Post, with the information that I think this case should properly come before the Bureau RF & A.L. and that I will take the necessary steps to take it out of the hands of the civil authorities and have it tried by an officer of this Bureau Allan Rutherford Bvt. Col US. V & Supt. So Dist N.C. see F 106
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