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Father brought me, I gave an order to the Sheriff not to carry the Sentence into effect till the case was investigated & appointed Saturday the 14th Inst. at the Court house for the purpose; So as not to interfere with the Sheriffs taking Tobe to Richmond with other prisoners in the event of General Wilcox approving the verdict.

In consequence of the inclement state of the weather not a witness obeyed the Summons. To save all parties trouble I requested Mr. R C Harvey (one of the Magistrates who sat on the trial to take the depositions in the case & send them to me, all of which are herewith transmitted together with a complete record of the Court

In reference to the statement Mr. Clement makes in regard to the Court & Jury also the prisoners want of a friend to elicit the facts on the trial I would state that he had an able Lawyer, that the main facts as elicited in the within depositions were before the Jury & that Mr. Harvey one of the Counsel and a near neighbour of both prisoner & Mrs. Mooney, gave me the evidence in substance as it appears in the within depositions a month before the trial.

I assent in all confidence & without fear of its being contradicted by evidence that the Court at last was informed in regard to the true character of Mrs. Mooney.

The prisoner states that he lives in a Cabin by himself, hence his inability to prove an alibi.

I would respectfully ask for an order discharging Tobe from Jail.

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---------- Reopened for Editing 2023-10-30 09:46:24