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0809

Copy of Paper Marked "A"
Original (written in pencil) forwarded to Genl. Schofield

Winchester, Oct. 7, 1867

The bearer John Williams tells me that you have sent him to me to apply for a warrant against a person named James Clark for striking him. I cannot issue a warrant for a mere assault and battery. The party being left to his remedy by an action at law in such cases, or to going before the Grand Jury & indicting the party complained against, or both. I can only issue a warrant where the party complaining is willing to make oath that he has just cause to fear, and does fear that the party of whom he complains will do him some future bodily injury, unless bound to keep the peace; and in this case the complaining party refuses to do more than to swear that the other might do him such hurt, but will not swear that he is afraid he will do it.

In any case of peculiar agravation of circumstances attending the previous assault & battery, the Justice might and I would in such a case issue a warrant: but no such facts are stated to me in this case, as to warrant the belief that the present is such a case.