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Atty Genls Office
Austin July 14th 1868

Sir

In the matter of E. S. Powell arrested and detained in custody at Columbus upon a charge of Theft. - I submit
1st To my mind there is no probable cause to believe him guilty, and I think he should be discharged.

2d Any property in the custody of the civil authorities, and there being nothing save the hardship as well as injustice towards Mr Powell to change the general rule by which the citizen obtains redress. It is proper that he pursue the legal redress afforded by the law so long as the law furnishes the means and reasonable expectation of redress

3d Mr Powell has the right of the writ of Habeas Corpus, & there is no reason to doubt the purity of the motions by which the Judge J. B. McFarland is actuated. 

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