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234 Maury & Co. Both the decree of the court and the opinion of the commission carry internal evidence of incorrectness so palpable as to render it unnecessary to examine them minutely in their relation to the testimony adduced in the case. That testimony is at least exceedingly unsatisfactory and vague, It has been carelessly taken, and is far from eliciting the facts in the case, The entire proceedings evince a remarkable want of caution, and a disregard of necessary form, and of such simple rules of law as are absolutely indispensable to even approximate to a just decision, It is recommended that this case be brought before the United States Circuit Court, which holds a session in May next. The sum of money involved, and the intricate nature of the case, demand that it be tried before a regularly organized Court, By order of Maj Genl OO Howard Commissioner &c (Sgd) Wm Fowler AAG Bureau RF & AL Head Qrs Asst Com Ste Va Richmond Mar 5/66 Respty returned to Lieut HS Merrell Supt 3d Dist Va. whose attention is invited to the enclosed endorsement of Maj Genl O.O. Howard Comr &c By order of Col O Brown James A. Bates AAG see 3.V. 288. 1866. C.B. Wilder Capt & AQM &c W.C. Whitaker L.R.W.304. Endorsement on letter of Wm. C. Whitaker requests the restoration of his personal property in Warwick Co Va. Bureau RF & AL Head Qrs Asst Comr Ste Va Richmond Mar 5/66 Respty referred to Capt C.B. Wilder A.Q.M. & Supt 9th Dist Va, who will restore to Mr W.C. Whitaker 235 all personal property belonging to him, upon satisfactory proof that it is his, now in possession of the Bureau. By order of Col. O. Brown James A Bates AAAG H.S. Merrell Lieut & Supt H.B. Gaines Wm Jackson cold L.R.G.28. Endorsement on letter of H.B. Gaines forwards for adjustment. the complaint of Wm Jackson (cold) &c &c &c Bureau RF & AL Head Qrs Asst comr Ste Va Richmond Mar 6th/66 Respty returned to Lt. H.S. Merrell who will take cognizance in this case. By order of Col O Brown James A. Bates AAAG Stuart Barnes Capt & AQM Z. Tally 2.Vol 32. L.R.T.30. Continuation of Endorsements on letter of Z. Tally Realtive to decision of the Freedmens Court in regard to the adjudication of affairs between himself and freedmen in his employ &c &c Head Qrs Supt 2nd Dist Petersburg Feb 28th/66 Respty returned. The within case was heard before Freedmens Court of Cumberland Co and decision rendered in favor of plaintiff. Mr Tally appealed therefrom, and the evidence was forwarded to this office. After careful reviewal of the same, the decision of the court was sustained as equitable and just. One important point was the fact that the contract was not fully explained to the Freedmens which the absence of any mark opposite their names in the contract goes to prove. Herewith find letter of instruction to Capt Connoly. (Sgd) Stuart Barnes Capt AQM &c Bureau RF & AL Head Qrs Asst Comr Ste Va Richmond Mar 5th/66 Respty returned to Capt Stuart Barnes AQM & Supt
