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Clarksville, Texas
Aug. 12th 1867
Lieut. J.B. Kirkman
26th Infty
AAAG
Lieut
I have but little to add to the reports which I have already made of any operations.
In reference to the crimes which can be proven against the prisoners Duty & Whitsell, I submit the following.

A conspiracy to murder a citizen of this county, named Cooper, who at the time, or at present, is in the hands of the military authorities for personal safety merely, can be proven against Whitsell, whose character & whose connection with the gang of outlaws in this County I have before spoken of.
I can prove the following amongst other crimes in the case of Duty: murder, complicity in the above conspiracy, & in the rescuing of [[?]] from jail.
I have shown the evidence in my possession to Judge Gray, who informs me that the proof is ample to hang them both.
Since writing you last I have become convinced of the necessity of trying these men by Military Commission just because of the utter impossibility of justice being done in any Civil Court which may be organized for a long time to come & again for the reason that such a trial would do more to reassure good men & frighten lawless ones than any other course which could possibly taken.
As affairs now stand in this North Eastern Distc of Texas crime cannot be punished or property protected