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136

427. 
Bur. R.F. & A.L.
Hd Qrs A. Comr. Va.,
Richmond, Va, July 9. 1868.

Fernald W.L.
A.S.A. Comr (thro. Hd Qrs. 7.S.D.)
105

Sir,
The Asst. Comr returns the following remarks, regarding your application of June 14. 1868, for his influence upon the Governor of Va, to obtain remission of the fines and costs in two cases, lately decided against you by the Civil Court in Patrick Co. 

Upon examination of the whole record, on file at these Hd Qrs commencing with your report of June 14. 1866 - Your own exact action on the occasion of the difficulty, which occurred on the 11. of that month, is not detailed either by yourself or the affidavits of witnesses. The conduct of other persons is mentioned but not your own. Bvt. Brig. Genl. Neid, to whom you refer as making a personal investigation, was ordered on that duty, but unfortunately left the District without making any report whatever. 

In your report above mentioned, you speak of the parties complained of seeking to pick a "private quarrel." - In your letter of Jan'y 18. 1868, you say that the presentment was for "fighting with Green Penn" you do not state that you were acting in an official capacity at the time, or what you actually did. In your late application of June 14. 1868, you state that the "affair grew out of an official act", but there is no detail of facts or circumstances to explain this. Neither the record of the cases as tried, or any statement of the testimony taken at the same is submitted, without which the Governor of Va. would not probably interfere.

The Asst. Comr is averse to asking the Governor to pardon an officer, thereby admitting that he was, while claiming to act in official capacity, amenable to the proceedings of a County Court.

If you consider the result of the trials to do you injustice, you are advised to appeal to the local Mil. Comr in the manner with which you are familiar, at the same time notifying these Hd Qrs as usual, and also of the decision of that officer, when made.

It would be proper for you to present before the Mil. Comr your claim to have been acting at the time of the alleged offence, in an official capacity while a commissioned officer detailed on duty in the Bureau. Also in case of any immediate attempt to collect the fines and costs, you could apply to the Military Commissioner to stay execution as the same pending the decision upon your appeal.

Yours respectfully
Will A. Coulter
Bvt. Capt. U.S. Army
A.A.A. Genl.

L.137, R.F. & AL. Va/68, 1st Vol. 

137 

428.
Bur. R.F. & A.L.
Hd Qrs A. Comr. Va,
Richmond, Va, July 9. 1868,

Wells Hon. H. H.
Governor of Virginia,
122

Your Excellency,
I have the honor to direct your attention to the case of John Burns, Freedman, who was convicted last April by the Circuit Court held in Rockbridge County of burglary with an attempt to commit rape on a daughter of R.J. Edids, and sentenced to sixteen (16) years confinement in the Penitentiary. I am informed that the record and papers in this case have been recently returned to you by the Maj. Genl Commanding this District for your "future action".

The papers will show that the prisoner was convicted of burglary with an attempt to commit rape simply on evidence that he was found in bed with the woman divested of his clothing. There does not appear to have been any indictment for seduction or illicit intercourse, and with reference to the relations of the two races, the idea of a negro seducing a white girl is hardly to be entertained. The allegation of an attempt to commit rape appears to have been wholly without evidence to support it, and it is submitted, was against the circumstancial evidence in the case.

It appears that the freedman has now been in prison since last November, about eight months, a punishment which would seem sufficient for any offence which he really did commit and for which he was not indicted. It is respectfully submitted that the legal proceedings in this case have been perverted by prejudice of class and race, so as to inflict great and glaring injustice upon this freedman, thus occasioning dismay among the loyal citizens of the County and calling forth the strongly expressed remonstrance of officers of the U.S. Government there stationed. I therefore respectfully urge that this case is one eminently calling for executive clemency, which I confidently hope may be extended in the shape of a full and immediate pardon.

Very respectfully,
Your obt. Servt.
O. Brown
Bvt. Brig. Genl. Vols.
Asst. Comr.

L. 104, R.F. & AL. Va/68, 1st. Vol. 

429.
Bur. R.F. & A.L.
Hd Qrs. A. Comr Va,
Richmond, Va, July 11. 1868.

Ensey Mr M.P.
Halifax C.H., Va.
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