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Records of the Assistant
Commissioner for the State of Virginia
Bureau of Refugees, Freedmen and Abandoned Lands, 1865 - 1869
National Archives Microfilm Publication No. 1048, Roll 59
"Records Relating to Murders and Outrages "
Register of Outrages Committed on Freedmen Jan. - Dec.
1868
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Register of Outrages Committed on Freedmen Jan. - Dec.
1868
No of case: 26. On whom committed: Freedman. White
or colored: ---. By whom committed: Civil Authorities. White or colored:
---. Where: Smythe Co., Va. When: Feb. 14, 1868. By whom reported: W.
P. Austin, S. A. C. Character of the outrage and action in the case: A. 188, R. F.
& A. L. Va., dated June 20th, 1868. E. H. Earheart (white) charged
with stabbing and cutting with attempt to kill a colored man; was found not guilty altho
the evidence was most positive to the contrary. Gross partiality on the part of the Court
to the defendant. Earheart arrested by Post Commander after result of trial
become known to him. Case referred to Mil. Commissioner. Filed.
No. of case: 27. On whom committed: Richard
Brown. White or colored: colored. By whom committed: Civil Authorities. White
or colored: ---. Where: Warrenton, Va. When: ---. By whom reported:
S. B. Smith A. S. A. C. Character of the outrage and action in the case: L. 139 R.
F. & A. L. Va., dated June 12, 1868. Encloses copy of evidence taken at coroners
inquest held on the body of Brown who die of wound received in an affray.
Returned to Bvt. Lt. Col. S. P. Lee, S. A. C. June 24, 1868
with directives to take case before Military Commissioner.
No. of case: 28. On whom committed: Union men
& U. S. Flag Pole. White or colored: ---. By whom committed: Hugh Ott
and others. White or colored: White. Where: Woodstock, Va. When: May
18, 1868. By whom reported: J. A. McDonnell, S. A. C. Character of the outrage
and action in the case: MO. 166 R. F. & A. L., Va. dated May 28, 1868. Insulting
of Union Citizens by men on hearing of President Johnson's acquittal.
Cutting down and burning of flag pole in front of J. T. H. Hall's office in his
absence.----
Copy sent to Bvt. Col. S. T. Chalfin, A. A. Genl., 1st
Mil. Dist. ---
J. T. H. Hall, A. S. A. C., M. 173 R. F. & A. L. Va.,
dated June 3rd, 1868. Additional report in above case. Returned to J. A.
McDonnell S. A. C. July 9th, 1868 with direction to bring case before
Military Commissioner.
No. of case: 29. On whom committed: George
Williams. White or colored: colored. By whom committed: Jury. White or
colored: white. Where: Halifax Co., Va. When: May 1st, 1868. By
whom reported: Wm. Nutt A. S. A. C. Character of the outrage and action in the case:
Report under Cir. 10 for mo. endg. May 31, 1868. George Williams was assaulted by
three (3) white men in 1866 and shot through the arm by one of them. Failing to have them
punished, Williams brought action for damages, case tried May 1868. Jury brought in
verdict for $140 damages. On motion to set aside verdict, efforts were made to compromise.
The Judge stated that if the defendants gave Williams less than $500 he would grant a
rehearing, as the evidence showed the assault to have been a brutal one, and damages were
inadequate. Two of the defendants were bankrupt, the third offered to pay $250
which was accepted.
No. of case: 30. On whom committed: Freedman.
White or colored: ---. By whom committed: Leroy Mallory. White or colored:
white. Where: Hanover Co., Va. When: June 1868. By whom reported: Ira
Ayer Jr. A. S. A. C. Character of the outrage and action in the case: Report under
Cir. 10 for mo. ending May 31st/68. Assault and battery on Freedman by Mallory.
Case tried before two Magistrates, Wm. Carpenter and Dr. Rd. Berkley. Case
dismissed and costs thrown on plaintiff. From evidence the decision was most unjust and in
violation of law and evidence.
Sworn statement of plaintiff with names and addresses of
witnesses sent to Military Commissioners.
No. of case: 31. On whom committed:
Freedwoman. White or colored: ---. By whom committed: the Law. White or
colored: --. Where: Lynchburg, Va. When: June 1868. By whom reported:
J. T. Wilson A. S. A. C. Character of the outrage and action in the case: Report
under Cir. No. 10 for month ending 30th June/68. Colored woman suing for
support of bastard child - case dismissed. The Statute law applying to the case said
"white" women. Filed.
No. of case: 32. On whom committed: Henry
Clay. White or colored: colored. By whom committed: R. W. Waddell. White
or colored: white. Where: Bedford Co., Va. When: June 1868. By whom
reported: J. T. Wilson A. S. A. C. Character of the outrage and action in the case:
Report under Cir. 10 for month ending June 30th/68. Scuffle between Waddell
& Clay, stabbing of the latter by the former causing almost instant death.
Waddell went to Lynchburg and surrendered to Military and was by them turned over to Civil
Authorities.
J. T. Wilcox, A. S. A. C., L. 179 R. F. & A. L. Va.,
dated August 7th/68. Reports murder of Clay and Waddell. Filed.
Will A. Coulter, A. A. A. G., L. S. 488 R. F. & A. L.
Va., 1868, dated Aug. 12th/68. Addresses J. T. Wilcox, A. S. A. C., and directs
him to forward date &c. of trial, name of Judge or Justice and facts relative to
disqualification of Judge or Justice under the 14th Article (Amendment) of the
Constitution.
D. Brown, Asst. Comr. L. S. 493 R. F. & A. L. Va.,1868
dated Aug. 13th, 1868. Addresses Bvt. Col. S. T. Chalfin, A. A. Genl. 1st
Mil. Dist., enclosing copy of report of trial in case of Waddell for the murder of Clay.
In consequence of the frequent occurrence of such case, he respectfully but urgently
recommends that such cases be hereafter tried by Mil. Commissioner as provided by Act of
Congress passed March 2, 1867.
J. T. Wilcox A. S. A. C. W. 432 R. F. & A. L. Va.,
dated August 28th, 1868. Return letter 488 from Hd. Qrs. Asst. Com. Bureau R.
F. & A. L., Dist. Va., with the information called for. Filed --.
No. of case: 33. On whom committed: *Lucy
Forge (child of) *Fletcher. White or colored: colored. By whom committed: A.
Latham. White or colored: white. Where: Frederick Co., Va. When: June
1868. By whom reported: J. A. McDonnell, S. A. C. Character of the outrage and
action in the case: Report under Cir. 10 for mo. ending 30th June 1868.
Assault of Latham on child of Lucy, aggressor entering woman's house and
beating child with stick, also shaking by hair of head. Case tried, decision against
plaintiff for $1.00 costs.
J. A. McDonnell, S. A. C., M. 182, R. F. & A. L., Va.,
dated June 8, 1868. Special report of above case.
Will A. Coulter, L. S. 379, R. F. & A. L., Va., dated
June 10, 1868. Addresses J. A. McDonnell, S. A. C. and directs him to bring case to notice
of Mil. Court and notify these Hd. Qrs. of his action.
W. S. Franklin, Bvt. Lt. Col., Mil. Comr., F. 31 R. F.
& A. L., Va., dated June 12th, 1868. Informed J. A. McDonnell S. A. C. 9th
Sub. Dist. Va., that he does not consider a rehearing in case of Latham & Fletcher
necessary.
Returned to J. A. McDonnell S. A. C. June 19th,
1868 for copies of original papers in case. Received back June 29th, 1868 with
copies of original letters.
Forward to Bvt. Col. S. T. Chalfin A. A. A. G. 1st
Mil. Dist. For his information -
Received back August 26th, 1868 with endorsement
of Col. Mauklin enclosing communication from Mr. S. R. Atwell, Magistrate and letters from
several persons. An endorsement of the A. A. J. A. 1st Mil. Dist. States that
Received back August 26th, 1868 with endorsement of Col. Mauklin enclosing
communication from Mr. S. R. Atwell, Magistrate and letters from several persons. An
endorsement of the A. A. J. A. 1st Mil. Dist. States that the evidence on the
part of the Defence has not been forwarded, and recommends in view of the communications
of the Citizens of Winchester returned by Col. Franklin that no action be taken in the
case. Returned to J. A. McDonnell S. A. C. Aug. 26th, 1868 inviting attention
to endorsements of Col. Franklin & A. A. J. A.
"This is a doubtful case - appears to have been
between two parents."
No. of case: 34. On whom committed: Sarah
Brown. White or colored: colored. By whom committed: John Ross. White or
colored: white. Where: Frederick Co., Va. When: June 1868. By whom
reported: J. A. McDonnell, S. A. C. Character of the outrage and action in the case:
Report under Cir. 10 for month ending 30 June/68. Ross while intoxicated went on
premises of Sarah and kicked her in breast and abdomen - Case tried - Defendant to
pay costs and give bond.
A rehearing of this case before Corporation Court will be
held on 1st Saturday in July.
No. of case: 35. On whom committed: Philander
Gearing. White or colored: colored. By whom committed: Andrew Syford. White
or colored: white. Where: Frederick Co., Va. When: June 1868. By whom
reported: J. A. McDonnell, S. A. C. Character of the outrage and action in the case:
Report under Cir. 10 for month ending 30th June 1868. Abuse of Gearing's
wife by Syford by calling her bad names during her husbands absence. On Gearing's
return home, he demanded an explanation from Syford, who threw a rock at him,
striking him and tearing his coat. Case tried and Syford sentenced to pay costs and
give bond for $50. No bond subsequently taken the Magistrate pleading ignorance.
No. of case: 36. On whom committed: Celina
Jackson. White or colored: colored. By whom committed: William Ott. White
or colored: white. Where: Woodstock, Va. When: ---. By whom reported:
J. T. H. Hall, A. S. A. C. Character of the outrage and action in the case: M. 181
R. F. & A. L. Va., 1868, dated July 9th, 1868. Reports assault on Celina
by Ott, on account of her being a witness in flag pole burning case. Civil
Authorities seem to have no intention of punishing the guilty parties.
Will A. Coulter, A. A. A. Genl. L. S. 389 R. F. & A. L.
Va., 1868, dated 15th July/68. Addresses J. A. McDonnell, S. A. C. and directs
him to report action of Mil. Comr. in above case.
J. A. McDonnell, S. A. C. M. 261, R. F. & A. L. Va.,
1868, dated July 1st, 1868. Addresses Mil. Comr. inquiring what action has been
taken in above case. Returned to McDonnell by Col. Mauklin July 1st,
1868 stating that the case is being investigated and his action, if any, will be reported
to the proper Mil. Authorities. Forwarded July 1st, 1868 to Asst. Comr. stating
that it is evident that the Mil. Comr. does not intend to inform him of his action
in such cases &c.
Returned to J. A. McDonnell Oct. 2nd, 1868 to
know whether the action of the Mil. Comr. has been made public. Returned to the
Asst. Comr. Oct. 3rd/68 stating that the only knowledge of Col. Franklin's
action is that indicated by endorsement of July 1st, 1868 and for final results
invites attention to endorsement of Watkins James A. S. A. C. on letter of J. T.
H. Hall enclosed. Mr. Watkins James' endorsement stated that the case had not been
acted upon as the witness had moved into W. Va. Filed.
No. of case: 37. On whom committed: Fanny
Murry. White or colored: colored. By whom committed: Robert Singleton. White
or colored: white. Where: Upperville, Va. When: June 1868. By whom
reported: S. B. Smith, A. S. A. C. Character of the outrage and action in the case:
L. 149. R. F. & A. L. Va., 1868, dated 23 June 1868. States that Fanny Murry
was severely beaten by Robert Singleton without any cause, that when her case was
tried before John Carr, J. P., Singleton did again strike Fanny in
presence of the court. That in face of uncontestable proof of guilt, Singleton was
discharged and costs charged to Fanny. Request that case be referred to Mil.
Commissioner.
Returned to Col. S. P. Lee, S. A. C. 10th Sub.
Dist. July 10th, 1868 to know if case had been brought to notice of Military
Commissioner.
Received back July 12th, 1868 stating that the
Military Commissioner had been furnished with a copy report.
Returned to Col. Lee July 12th/68 directing that
the case be brought officially to notice of Military Commissioner and his action reported
to these Head Qrs.
W. A. Vinol, Lt. Mil. Com. V. 29 R. F. & A. L., Va.
1868, dated July 27/68. Encloses papers above alluded to (L. 149) referred to him by Agent
of Bureau at Warrenton, Va., and asks the A. A. G. 1st Military Dist. Va. if it
is a part of his duty to report to the Bureau and wishes to know if such communications
should not come through Hd. Qrs. Dist. Va.
Referred to Asst. Comr. Bureau R. F. & A. L. , Dist. of
Va., July 30th, 1868 stating that such cases should be referred thro that Hd.
Qrs.
Returned to 1st Mil. Dist. Hd. Qrs. Aug. 3rd,
1868, protesting against the delay &c that would arise in referring all such cases
thro Military Head Quarters and requesting information whether all cases are to be
forwarded to Dist. Hd. Qrs. or directly to the Mil. Comr.
No. of case: 38. On whom committed: Celina
Jackson. White or colored: colored. By whom committed: Robert Gan. White
or colored: white. Where: Woodstock, Va. When: ---. By whom reported:
J. T. H. Hall, A. S. A. C. Character of the outrage and action in the case: M. 193,
R. F. & A. L. Va., 1868, dated June 29th, 1868. Reports failure of Civ.
Aut. to take any steps for punishment of Gan for an assault upon Celina.
W. A. Coulter, Lt. A. A. A. Genl., L. S. 405, R. F. &
A. L., Va., dated June 26th/1868. Addresses J. A. McDonnell S. A. C. 9th
Sub Dist. Va., and directs him to report action of Military Commissioner in above
case.
For final action in this case see Case 36 in this book, it
being another assault on the plaintiff in this case by another party and occurred about
the same time.
No. of case: 39. On whom committed: Henry
Williams. White or colored: colored. By whom committed: Civil Authorities. White
or colored: ---. Where: Bedford Co. When: July 1868. By whom reported:
J. T. Wilcox, A. S. A. C. Character of the outrage and action in the case: Report
under Cir. 10 for month ending July 31st/68. During a corn shucking in which
whiskey was freely indulged in, Williams was attacked by three or four colored men
and beaten. A man named Minter, the first to attack Williams, was slightly
cut in the hand. Williams was tried for malicious stabbing. The jury brought in a
verdict of guilty, and fixed upon one years imprisonment in the Penitentiary as the
penalty. A petition was forwarded to the Military Comr. to have verdict set aside
and prisoner released.
No. of case: 40. On whom committed: George
Magee alias George Burrell. White or colored: colored. By whom committed:
Civil Authorities. White or colored: ---. Where: Bedford Co., Va. When:
July 1868. By whom reported: J. T. Wilcox, A. S. A. C. Character of the outrage
and action in the case: Report under Cir. 10, month ending July 31st, 1868.
Charged with stealing tobacco and found guilty by Jury although a clear alibi was
proven, and sentenced to one year in Penitentiary, but after an argument by counsel
a new trial was granted and he was admitted to bail.
No. of case: 41. On whom committed: Four
women. White or colored: colored. By whom committed: John Schofield. White
or colored: white. Where: Prince Edward Co., Va. When: July 1868. By
whom reported: Thos. Leaky, A. S. A. C. Character of the outrage and action in the
case: Report under Cir. 10 for month ending July 31st/68. The women were in
their own house singing when Schofield when to them and ordered them to stop which
they refused. He then entered the house and commenced beating them, first with his fists,
afterwards drawing a knife and inflicting a painful wound across back of hand of one of
the women. Schofield was fined $15.00 and let go without reproof or caution from
court.
No. of case: 42. On whom committed: Beverly
Johnson. White or colored: colored. By whom committed: Civil Authorities. White
or colored: ---. Where: Prince Edward Co., Va. When: July 1868. By
whom reported: Thos. Leaky, A. S. A. C. Character of the outrage and action in the
case: Report under Cir. 10 for month ending July 31st/68. Charged with
stealing meat from a smoke house and sentenced to Penitentiary for one year. The
man proved he was at home all night. One of the parties in the robbery was a relative of Johnson's,
living with him & some of the meat was found in the garden belonging to the house.
No. of case: 43. On whom committed: School
House. White or colored: colored. By whom committed: Unknown. White or
colored: ---. Where: Wythe Co., Va. When: July 18, 1868. By whom
reported: W. P. Austin, S. A. C. Character of the outrage and action in the case:
A. 226 R. F. & A. L., Va. 1868, dated July 22, 1868. Reports burning of school house.
Filed.
No. of case: 44. On whom committed: Meeting
of Freedmen. White or colored: colored. By whom committed: White men. White
or colored: white. Where: Franklin Co., Va. When: July 1868. By whom
reported: W. L. Fernald, A. S. A. C. Character of the outrage and action in the
case: Report under Cir. 6 for mo. ending July 31st, 1868. Breaking up of
political meeting of colored men. No one hurt. Filed.
No. of case: 45. On whom committed: Meeting
of Freedmen. White or colored: colored. By whom committed: Col. O. Ferrell,
Wm. Scott & others. White or colored: white. Where: Collierstown, Va. When:
July 2868. By whom reported: Douglas Frazer, A. S. A. C. Character of the
outrage and action in the case: Report under Cir. 6 for mo. ending July 31st
1868. Breaking up of intended meeting of Freedmen on account of being followed &
surrounded by white men. No one hurt. Filed.
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