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754

Bureau Refugees, Freedmen and Abandoned Lands,
Head Quarters, 8th Sub. District of Virginia
Wytheville, Va., June 20th 1868.

Lieut F.J. Dunn.
U.S.I. Military Commissioner
Abingdon, Va

Sir
I have the honor to report the action of the Court of Smyth County on the 19th inst. in the case of "Commonwealth Vs. C.H. Earheart," charged with maliciously and feloniously stabbing and cutting with intent to kill a Freedman on the 14th of February 1868.

The Jury returned a verdict of "Not Guilty" in the face of the most positive evidence to the contrary.  The charges were clearly sustained by the evidence and the assault admitted by his counsel.  The argument was that the intoxicated condition of the accused would not warrant the conclusion of "intent to kill."  The Commonwealth Attorney (Mr. Strothers) has in this case evidently neglected his duty in not taking such measures

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