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NARA 95
L.B. 202.
Headquarters Second Military District. 
Charleston, N.C., Dec 30th 1867.

Captain Allan Rutherford 
Judge Advocate 
Wilmington N.C. 

Sir, 
In reply to your communication of the 5th inst, requesting information with reference to the trial of charges preferred against Jas. W. Atkinson and Ichabod B. Davis, for perjury before the Military Commission recently in session at Raleigh, in the case of W. E. Tolar and others. I am instructed by the Commanding General to say, that he has decided not to proceed with the prosecution of the two cases, above referred to.
Very respectfully
over

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