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Record of Proceedings before Military Commissioner RG Rutherford, Lieut 45th U.S. Inf., at Burkeville, Virginia, during month of May 1868. | Date of Trial | Number of case | Complainant | Defendant | Character of action or complaint | Synopsis of Evidence | Decision or Action of Commr | Remarks. | | --- | --- | --- | --- | --- | --- | --- | --- | | May 2d | 1 | James Bowers (cold) | Watkins Love (cold) | Defrauding Plaintiff in inducing him to sign a bond for $28.00 representing the same to be for $8.00: Brings suit to recover the sum of $27.37 that being the amount in excess of $8.00 which Defendant recoverred from Plaintiff on a warrant suit, the judgment of the Justice, including costs, being for $35.37. | Evidence showed that during the latter part of the war Plaintiff rec'd from a soldier an old broken down Army Mule which he retained without molestation until some three or four months after the surrender of Lee's army when orders where issued by the Provost Marshal at Boydton Mecklenburg County, directing the production of all Army Horses & Mules before Capt Hodges Q'r M'r at Boydton: In pursuance of this order the Plaintiff's mule was taken up to the Q'r M'r and Deft, who went to the Q'r M'r with some other animals, procured a certificate allowing this mule to be retained, for which he claimed to have paid $8.00 and demanded of Plaintiff the return of the amount; Plaintiff having no money singed (with his mark) a bond for, as he supposed, eight dollars: Payment of the bond was deferred from time to time, but when finally presented proved to be for $28.00 instead of $8.00. Plaintiff refused Payment & made complaint to Col Bailie, Bureau Officer at Boydton, who ordered Defendant to appear before him for an examination, this the Def't refused to do saying that he would let the whole thing go, but after Col Bailie left Boydton & before his successor arrived Def't bro't suit before a Magistrate & got judgment for the am't of the bond and costs amounting together to $35.57. | Judgment for Plaintiff in the sum of $24.37 with interest from Feb 17th 1868 (date of Levy on execution issued by Justice Spencer) bill paid, and $4.40, costs | Case came up on appeal from the decision of J.W. Spencer, Justice of the Peace in the 4th Dist of Mecklenburg County, who gave Judgment in favor of Watkins Love in a warrant bro't by him against Jas Bowers to recover the amount of a bond for $28.00. Def't asked an appeal from decision of Mil Comm'r and was allowed ten days to give security for payment of the Judgment and all costs and damages in case the same was affirmed: Deft gave the required security in the sum of $75.00, May 18th 68 and forwarded his petition, dated May 22d which was received May 25th and forwarded to the Commanding General May 26th 1868. | | May 15th | 2 | United States | Jessee Vaughan | Assaulting and beating Edward Dyson (cold) | Evidence Sustained the Charge | Def't fined in the sum of $10 and costs (50 cts) | Case tried by Justice T.E. Epes of Nottoway Co, who dismissed the case at complainants cost. Case reopened by Mil. Com'r upon application of complainant. Fine and costs paid May 15th 1868 | I certify that the above is a correct transcript of all cases tried by me, in which freedmen were interested, during the month of May 1868. R.G. Rutherford Lieut 45th U.S. Inf. Mil. Comm'r 8th Div. Va.
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Reopened for Editing 2023-12-28 20:32:47
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Reopened for Editing 2023-12-29 11:42:13