Viewing page 69 of 292

This transcription has been completed. Contact us with corrections.

0390

July 16, 66
Liberty Co. Ga.
Petition of L.J. Mallard. to have decision in case of Suit. Bet. Mallards. vs. LeConte (col'd) set aside. 

[[stamp]] THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]]

.Evidence.
M. LeConte, (col'd) Pltff.
Testified. Was Told by Federal Officer about Feb. 1st/65. that he could take any animals he found grazing without halters. Took a mule & took it home, mule was taken at night by W.J. Mallard, pursuant and found mule in his possession. Mule is now in possession of L.J. Mallard, Defendt. Pltff. 
had lost a horse taken by Federals. Capt Tullis Asst. Pro. Maj gave summons for W.J. Mallard who told pltff. at Tullis Hd Qrs. that the case had been settled Mule was worth $50.00 other witness testified to the same, Defense [[advented?]] all except value & some minor points 

W.J. Mallard. for defence, sworn.
Was a confed. soldier under Col Hood. Hood gave orders to seize all animals branded U.S under this order he took mule in question, & reported the capture to his Comdg. Officer, high water prevented him taking the mule across river. Capt. Tullis Asst. Pro. Mar. afterwards told witness that his title to mule was good, and gave him a paper to that effect: (now lost) Sold mule to Defdt. for $50.00 at time of capture was worth very little, was branded U.S.

Wm Minn, sworn, was confed. soldier, saw order to take animals &c. - L.J. Mallard, Defdt. sworn, Bought mule from W.J. Mallard. received paper given by Capt. Tullis, since lost; said paper stated that W J Mallard had good title to sell or trade mule, and bore signature of Capt. T. Asst. Pro. Mar. Mule was worth when seized $50.00. - Col. John Minn sworn, Had been confed. Off. & seized animals under orders, considered this a lawful capture, was impossible to deliver it to Comdg. Officer

Transcription Notes:
Unsure about the extra slash in brackets.