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 |--|in the within indictments untill at least 50 Negroes had asembled and that he Tom. Tate had nothing to do with the gathering together of the Negroes. The 22nd of April was a Sunday and it is customary for the Negroes from the adjoining country to gather together for public worship in Town. 2nd That neither force of arms was used by said Tom Tate that only words were used by him among which were the following words to this effect "If that boy was mine I would give him a good whipping and send him home..and add "boy get out of her.. The boy then went through the crowd, Mr. Metz not attempting to stop him. A Mr. Harris (a Witness) said to Tom "if that boy gets away you will get yourself into trouble.. Tom said he did not know the boy was under arrest and immediately told the boy to come back and stay beside Mr. Harris, which he did, and was there until the proper warrant was issued and he taken of to jail by the proper officer. Having examined the case and not finding him either intentionally or otherwise guilty of any offense against the laws of Texas, as published in the Pen Code, Sec. 325. I released him.
On the morning of May 4th this man was again arrested on the same change and confined in the County Jail. As soon as this was made known to me, I sent a written order to the sheriff to release him. The sheriff returned the order with the statement that Judge Smith would not release him without I added to the order the words "that I release him by force of arms" or send a squad of men to the Jail. I then tore up the order (with the Statement) and sent a Sergeant with a file of mine of Co. "H." 37th Ills. Vols, to the jail to release Tom which was done.
Tom is a Negro of more intelligence than the majority of them and was well aware that it would be impossible for him to remain here after the troops were withdrawn, he therefore left the place with the Company and is now in Galveston.
This case together with my action was verbally submitted to Gen. Gregory at Galveston on the 8th of May.
Headquarters. B.R.F. and AL.
State of Texas
Galveston, June 4th 1866,
Respectfully returned to Maj. Gen. Wright whose attention is respectfully called to the
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Statement of Lieut Goodman and with the information that in consideration of all the facts I feel it my duty to approve his course.
J.B.Kidder
Bvt Maj. Gen.
Ast. Com|

 |4.
Wright,
Capt A.Q.M.
97/10.|Endorsement on letter of Lieut Metzino, dated May 31st 1866
(M.17.)

E.B.Jragen
56

26d Ins. B.R.F &c.
State of Texas, Galveston, June 5th 1866
Respectfully referred to Capt Wright A.Q.M. for remarks,
By order of Bvt Maj. Gen. J.B. Kiddoo,
Wm. H. Sinclair
A.A. Genl|

 |25
Wright
Capt. A.Q.M.
104/133|Endorsement on letter of Capt. Allen's dated San Antonio, Texas. May 31st 1866. (A.G.)

E.B.
57

Headquarter. B.R.F. and A.L.
State of Texas, Galveston. June 5th 1866
Respectfully referred to Capt Wright, A.Q.M. for remarks.
by order of Bvt Maj. Gen. J.B. Kiddoo
Wm. H. Sinclair
A.A. Genl|

|6
Bailey
Col.Thos.
101/223
Sw E.B. 100.|Endorsement on letter of Gen Sprague dated Little Rock, Ark, May 15th 1866. (S. 17.7
Headquarters, B.R.F. and A.L.
State of Texas, Galveston, June 5th 1866.
Respectfully referred to Col. Bailey, S.A. Com Marshall, Texas, for investigation and report. This paper to be returned.
Bvt Maj. Gen. J.B. Kiddoo, 
Wm. H. Sinclair
A.A. Genl|

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