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Bureau of R.F. & A.L Office of Asst Supt Warrenton Va March 21/67 12. R F & A L 4. Dist. D of P. 1 V. 1867 Chase W.S. 2d Lt V.R.C & Asst Supt Requests information whether the case of Thomas Maxwell against James E. Rector can be reopened and a new trial obtained Respy returned - The case of Maxwell cannot be reopened- The Constitution guaranteeing all men against being twice put in jeopardy for same offence - In this case, there was considerable delay in prosecuting by Mr Maxwell - Two justices of the peace who witnessed the affair [[strikethrough]]it[[/strikethrough]] or were soon called upon to act upon it, disrupted it, & when it came before the jury as an indictment, Maxwell was the only witness on either side (except James Minsy who declared he knew nothing about the affair) - It appeared that the [[strikethrough]] they [[/strikethrough]] young men had, both, left the State for Texas, and I presume the Jury considered the cost (abut # 15.00) a sufficient punishment- I have been informed, since the trial, that the affair has esteemed a childish, drunken haul, in the neighbourhood, and that some of the Jury were cognizant of the facts [[note]] M 4 B R F & A L S D. of F & PW Va. Vol 1 1867. [[/note]] From the facts as testified to by Maxwell, I thought a small fine would have been proper, but if the case is reopened anywhere, and all of the witnesses are present, and they testify as I am informed they will the same verdict will be rendered - D Holly & Mr Robt Bartran and James Priest, the latter a justice, can give you all that you desire to know on this subject. William H. Payne
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Reopened for Editing 2023-10-31 16:43:57
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Reopened for Editing 2023-10-31 20:19:56