Viewing page 59 of 102

This transcription has been completed. Contact us with corrections.

114
from p. 113.

|   | Hd Qrs. Dept. of. North Carolina Raleigh May 11 1866  Respectfully returned to Bvt. Brig Gen'l E Whittlesey Asst. Com'r &c. By General Orders No 26 current series War Dept. A.G.O. recently [[?]] the principal of non interference with the Civil Courts except in urgent cases of necessity - is to be inferior   It cannot be assumed that because of the state of pulling in New Hanover Co. the freedmen Holmes cannot obtain justice. By a former investigation papers of which was returned Gen'l Whittlesey April 271866 it [[strikethrough]] will [[/strikethrough]] appeared that Holmes not only took his own tools but property which was not covered. by his order. If justice is not likely to be given in the county in which Holmes is in the can apply for change of trial to another County. In so far as to active military authority he will be protected but not for taking property not covered by his order. The proper course is to see whether the Civil Courts will give him a fair trial before taking steps to present its action. There is nothing in the law applicable to the case that would prevent a fair trial  By order of Brt Maj Genl Ruger  Jas F Anderson Lieut & Act'g Asst. A Genl |

115
|   | Bureau R F & A L. Raleigh May 12th 1866.  Respectfully returned to Col A Rutherford with reference to Ends't [[Endorsement]] by Gen'l Ruger.  By order of Bvt Brig. Gen'l Whittlesey Asst. Commissioner (Sgd) Asa Bird Gardner 1st Lieut Adj't. V R C and A A A Genl. |
|   | Bureau R F & A L. Hd Qrs SO. Dist of N C. Wilmington May 15th 1866  These papers are returned to Duncan Holmes whose attention is called to endorsement of Bvt Maj General Ruger Comdg. Department  Allan Rutherford Bvt Col U.S.V  (Lt Col VRC) Superintendent |
|   | [[note]] f.f. 88. [[/note]] Bu. R.F. and A.L. Hd. Qrs. So. Dist N.C. Wilmington, N.C. May 15/66  Respectfully forwarded. Approved.  Allan Rutherford Bvt. Col. U.S.V. & Supt. |