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Office Pro. Mar. 1' District. Richmond. Va, August 12th 1865. Sir, I have the honor to submit the following report in the case of Nat. Russell (Colored) agst. Benjamin Ayers, Sergt. 14th U.S. If'try, charged with assault and battery and robbery— In the investigation of this case I am forced to take into consideration the fact that the defendant has been once before tried for this offence, and that the second trial is contrary to a well known principle of law, "that no person shall be tried twice in the same court for the same offence— It may be claimed in objection, that the second trial, as also the first, did not occur in any regularly constituted court, and therefore the law could not apply. In reply to this, the argument is simple and conclusive. That the powers granted to this office emanate from high Military authority. and are founded upon
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Reopened for Editing 2024-01-22 17:56:02
changed "objective" to "objection"