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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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No. of case: 61. On whom committed: Lizzie
Harper. White or colored: colored. By whom committed: Civil authorities.
White or colored: -----. Where: Lexington, Virginia. When: August 1868. By
whom reported: Douglas Frazar, A. S. A. C. Character of the outrage and action in
the case: Report under Cir. 6, for month ending Aug. 31st/68. Reports that Q.
M. Ruff, Mayor of Lexington, allowed and assisted at the escape of a student named Misver
who attempted a rape of an aggravated character upon the person of Lizzie Harper.
No. of case: 62. On whom committed: Douglas
Frazar, A. S. A. C. White or colored: white. By whom committed: Young men. White
or colored: white. Where: Rockbridge County, Virginia. When: August
1868. By whom reported: Douglas Frazar, A. S. A. C. Character of the outrage and
action in this case: (In same report as Case 61). Reports that when returning from
speaking at C. H. a few nights since, he was abused & threatened with an attack by
about 6 or 7 young men, but upon presenting his pistols they
finally allowed him to proceed home. It was afterwards ascertained that 3 of
the young men were armed & had bragged that they would shoot him. Copy
of report forwarded to General Stoneman September 10th, 1868. See
case 21 in this book.
No. of case: 63. On whom committed: Unknown. White
or colored: colored. By whom committed: Unknown. Where: Washington Co.,
Virginia. When: August 21st, 1868. By whom reported: T. J. Dunn,
Lt. & Mil. Com. Character of the outrage and action in this case: D. 71, R. F.
& A. L., Va. 1868, dated Aug. 21st, 1868. Reports finding of a Freedman
with his skull badly fractured. Referred to Bvt. Brig. Genl. H. J. Thomas,
S. A. C., 25th August 1868 for investigation and report.
Received back Sept. 11th, 1868 with the
information that the perpetrator had not been discovered. Filed.
No. of case: 64. On whom committed: Wm. Reed.
White or colored: colored. By whom committed: Geo. W. Staples. White or
colored: white. Where: Concord Depot, Campbell Co., Va. When: August 20th,
1868. By whom reported: L. A. Nesmith, Lt. & A. S. A. C. Character of the
outrage and action in this case: L. 186, R. F. & A. L., Va. 1868, dated Aug. 23,
1868. Reports shooting of Reed by Staples, and that Reed was slightly
wounded by bird shot. It appears that Staples had hired Reed's wife, and
that the former considered the latter's frequent visits to his wife as
preventing her from the proper performance of her duties, and ordered Reed not to
come upon the premises at all. Reed went again to see his wife & was halted by Staples
who had a gun in his hands, which he fired at Reed as he turned to go back. Parties
summoned to appear before the Mil. Comr. Filed.
No. of case: 65. On whom committed: Alvin
Varner, (white), Anderson Snoddy, (colored). By whom committed: Men in disguise. White
or colored: -----. Where: 1 1/2 miles from Maysville, Buckingham Co., Va. When:
August 28, 1868. By whom reported: Thos. P. Jackson, S. A. C. Character of the
outrage and action in this case: J. 219, R. F. & A. L. Va., 1868. August 31, 1868.
Reports that Alvin Varner was taken from bed at night by disguised men, that
he was taken to a gully and preparations made to hang him. That at the same time a colored
man named Anderson Snoddy was taken with Varner, and that while the
men were flogging Anderson, Varner escaped and while running had several
shots fired at him. Filed.
E. M. Webber, Inspector - L. S. 541, R. F. & A. L. Va.,
1868, dated Sept. 1st/69. Addresses Thos. P. Jackson S. A.
C. and directs him to push the case of Varner and Snoddy with the utmost
rigor. Encloses letter for Mr. Varner.
E. M. Webber, Inspector. L. S. 542, R. F. & A. L., Va.,
dated Sept. 1st/68. Addresses Alvin Varner and requests him to
call upon the Asst. Comr. early next week.
T. P. Jackson, S. A. C. J. 225 R. F. & A. L., Va. 1868,
dated Sept. 7th, 1868. Reports his attendance at the hearing in the complaint
of Varner against citizens of Buckingham Co., Va. for
assault &c. no positive proof being shown against any of the prisoners, alibis being
proven in all their cases, they were discharged. Has instructed the A. S. A. C. to
pursue diligent inquiry so as to bring the parties to justice. Filed.
No. of case: 66. On whom committed: W. W.
Lewis. White or colored: white. By whom committed: Civil authorities. White
or colored: -----. Where: Brunswick Co., Va. When: Aug. 27th,
1868. Character of the outrage and action in this case: S. 228, R. F. & A. L.,
Va., 1868, dated Aug. 28th, 1868. Reports trial of Lewis for conspiring
with others to incite colored people to insurrection. Lewis sentenced to seven
years in Penitentiary. Sentence entirely against evidence. Mr. Kimble believes him
innocent and the sentence a gross outrage. Filed.
O. Brown, Asst. Comr., L. S. 555. R. F. & A. L., Va.
1868, dated Sept. 7th, 1868. Addresses His Ex. Gov. H. H. Wells
and encloses copy of above report, and recommends the pardon of Dr. W. W.
Lewis, believing him to be a proper subject for executive clemency.
No. of case: 67. On whom committed: David
Crawford. White or colored: colored. By whom committed: R. F. Reese. White
or colored: white. Where: Pr. George Co., Va. When: March 1868. By
whom reported: J. R. Stone S. A. C. Character of the outrage and action in this
case: Report under Cir. 10, for mo. ending Aug. 31st, 1868. Encloses copy
of letter addressed to Mil. Comr. reporting that in March last, Reese
attacked Crawford with a gun, halting him and demanding to see what he had in his
basket. In a struggle which ensued by reason of Crawford's refusing to let Reese
open his basket, the former wrested the gun out of the hands of the latter & struck
him wit it, and Reese finished the assault by stabbing Crawford dangerously.
Recently Reese has obtained a warrant for Crawford's arrest for assault
& he is now in jail in Petersburg. Requests that he be at once released.
No. of case: 68. On whom committed: Albert
Davis. White or colored: colored. By whom committed: Alfred Payne, John
Payne, Jacob Payne. White or colored: white. Where: Prince Wm. Co., Va. When:
July 18th, 1868. By whom reported: W. S. Chase, A. S. A .C. Character
of the outrage and action in this case: Report under Cir. 10 for mo. ending Aug. 31st/68.
Reports assault on Davis by the three Paynes. Davis left in a dying
condition. The Paynes were arrested and bailed in the sum of $50 each. They are now
at large having left the court room without permission. The case is expected to come up at
the September term. Davis has recovered so as to be able to do light work.
No. of case: 69. On whom committed: Simon
Jones. White or colored: colored. By whom committed: Jno. O. Basham, Con.
& Dep. Sher. White or colored: white. Where: Greenville Co., Va. When:
Aug. 7, 1868. By whom reported: F. M. Kimball, A. S. A. C. Character of the
outrage and action in this case: S. 234, R. F. & A. L., Va. 1868, dated Sept. 2nd,
1868. Reports case of assault on Jones by Basham, with a stick for carrying
a letter to him from Mr. Kimball, requesting an explanation of Basham's
refusing to grant Jones a license to keep a candy store.
Returned to J. R. Stone, S. A. C., 2nd
Sub. Dist., Sept. 12th, 1868, directing that the case be brought to the notice
of the Military Commissioner.
No. of case: 70. On whom committed: Several
colored persons & two white persons. By whom committed: Henry Lewis and others.
White or colored: white. Where: Accomack Co., Va. When: Aug. 31st,
1868. By whom reported: L. B. White, A. S. A. C. Character of the outrage and
action in this case: A. 260 R. F. & A. L. Va., 1868, dated Sept. 5th,
1868. Reports riot at Drummondtown. Attack on blacks by whites and wounding of
several by pistol shots, knives and sticks. Two white men wounded by pistol shots. Copy of
this report to be sent to Mil. Comr. Filed.
Will A. Coulter, Bvt. Capt. & A. A. A. Genl., L. S.
560, R. F. & A. L., Va., 1868, dated Sept. 11/68. Addresses D. B. White,
A. S. A. C. and directs him to observe the progress of the case, and that after a
sufficient time for proper action, to report result of is appeal to the Mil. Comr.
D. B. White, A. S. A. C. A. 285, R. F. & A. L., Va.,
1868, dated Oct. 3d, 1868. Reports that no steps have been taken by civil or military
authorities in case of Drummondtown riot. Filed.
D. B. White, A. S. A. C. Report under Cir. 6 for mo. ending
Nov. 30/68. Reports that no steps have been taken to punish rioters at Drummondtown.
No. of case: 71. On whom committed: Henry
Smith. White or colored: colored. By whom committed: Fleming Binns. White
or colored: white. Where: Charles City Co., Va. When: May 1868. By
whom reported: B. C. Cook, A. S. A. C. Character of the outrage and action in this
case: H. 243, R. F. & A. L., Va., 1868, dated Sept. 8th, 1868. Reports
that in May last, at a fish fry, after some angry words, Binns threw a piece of
iron at Smith, causing instant death. Binns was arrested and bailed for the
sum of $1,500 in the face of evidence that the murder was willful. At a regular meeting of
the County Court in August last, the case was called and the prisoner placed on trial
& acquitted. During the trial a most disgraceful scene ensued. The Counsel for
the prisoner was drunk, as also was several of the jury. One of them (the jury) actually
arose in open court and commenced arguing the case for the prisoner. Witnesses
were given the lie by the prisoner. The Court utterly failed to preserve
order, and finally adjourned. Official copy furnished General Geo. Stoneman, Comdg. 1st
Mil. Dist., Va., Sept. 10th, 1868. Filed.
No. of case: 72. On whom committed: Arthur
Lee. White or colored: colored. By whom committed: Three or four persons
unknown. White or colored: ----------. Where: Rappahannock Co., Va. When:
Sept. 14th, 1868. By whom reported: W. A. McNulty, A. S. A. C. Character
of the outrage and action in this case: No. 259, R. F. & A. L., Va., 1868, dated
Sept. 24th, 1868. Reports that Lee was taken from his house about 11 or
12 o'clock at night on the night of Sept. 14th, 1868, and was found dead next
morning, having been beaten to death. A. S. A. C. and Civ. Aut. are
making all efforts in their power to find the murderers, but without avail so far. Will
report any further information. Filed.
W. A. McNulty, A. S. A. C. No. 293, R. F. & A. L., Va.
1868, dated Oct. 20th, 1868. States that after an examination of a number of
persons living in the neighborhood of the murder before the Circuit Court, nothing was
elicited. Filed.
No. of case: 73. On whom committed: Morton
Roberts and others. White or colored: colored. By whom committed: Civil
authorities. White or colored: -----. Where: Campbell Co., Va. When.
Sept. 1868. By whom reported: J. T. Wilson, A. S. A. C. Character of the outrage
and action in this case: L. 231, R. F. & A. L., Va., dated Sept. 30, 1868. Reports
that Nelson Rosser (colored) instigated by whites and being reported as weak
minded, commenced an action against Morton Roberts et al for damages at
$10,000 for alleged assault committed on him by them. Pltf. & Defend'ts
are members of U. L. A. It was understood that Rosser divulged
their secrets. He was requested to attend a meeting for the purpose of investigating the
charges, but failed to attend and was waited upon by two members and accompanied them to
the meeting, no force being used. The League decided to expel him, which he pleaded
them not to do, and himself proposed to take a certain number of stripes. He was taken
into an (ineligible) room and his hands tied loosely for a few moments, but was not
whipped. He was finally admitted with full fellowship and all went home satisfied. This
case was hurried through, only taking twenty-five minutes. The defendants were not present
during most of the evidence although only on C. H. Green. Jury told
to retire by Com. Attorney immediately after closing of prosecution
testimony, just as tho there was no defence. Retiring of Jury momentarily checked by one
of defendants requesting to ask a question. Request met with opposition from Com. Attorney
and indifference by Court. Defendants advised by Mil. Comr. and A.
S. A. C. to let the Courts &c have their own way. Damages assessed against Roberts
at $500, Macajah Bryant, $150, and some 8 or
10 others at $50 each. Recommends that the parties in this
case be brought before the Military Commissioner. Filed.
No. of case: 74. On whom committed: Reuben
Jackson. White or colored: colored. By whom committed: Civ. authorities. White
or colored: -----. Where: Lynchburg, Va. When: Sept. 1868. By whom
reported: J. T. Wilson, A. S. A. C. Character of the outrage and action in this
case: L. 231, R. F. & A. L., Va. 1868, dated Sept. 30th, 1868. In
reporting Case 73, alludes to case of a colored man, tried in the Hustings
Court of Lynchburg, who sued two white men for
cutting his throat (this case had been on the docket nearly one year and a half) confining
the colored man to Doctors constant care for about four months, and a
longer time from support of his family. There was no (illegible) circumstances.
Judgement against one man for $100 and the other $50. Filed.
J. T. Wilson A. S. A. C. Report under Cir. 10 for mo. endg.
Sept. 30/68. Gives names of parties in above case. The white men were Castletone
and Sprague.
No. of case: 75. On whom committed:
Freedmen's Church. White or colored: -----. By whom committed: Unknown. White
or colored: -----. Where: Modesttown, Va. When: Sept. 1868. By whom
reported: L. B. White, A. S. A. C. Character of the outrage and action in this case:
Report under Cir. 6 for mo. ending Sept. 30/68. Reports burning of Freedmen's Church.
Will A. Coulter, Bvt. Capt. & A. A. A. Genl. L.S.C.C.
R. F & A. L., Va., 1868, dated Oct. 6th, 1868. Addresses D. B. White A. S.
A. C. and directs him to investigate burning of church.
D. B. White, A. S. A. C. Returns communication No. 606,
Oct. 29, 1868 and states that there was evidence to show that the building had been set on
fire, as straw and other combustible material were traced to the building on the following
morning. Filed.
No. of case: 76. On whom committed: Scott
Wilson. White or colored: colored. By whom committed: Civil authorities. White
or colored: -----. Where: Lunenburg Co., Va. When: Sept. 1868. By
whom reported: W. P. Austin A. S. A. C. Character of the outrage and action in this
case: Report under Cir. 6 for month ending Sept. 30th, 1868. Wilson
had contracted with Spot Thompson (white) to work for himself & brother.
Wilson not to leave the plantation without permission. He left plantation Sept. 14th
to attend Court, without permission, and was driven off plantation & his life
threatened if he returned. The Magistrate, J. D. Tinsdale, was
requested to hear complaint and if facts were as stated to bind Thompson over to
keep the peace. Thompson admitted the driving & threatening and justified his
action on the ground of violation of contract and the right to keep Wilson off his
premises. In this the Magistrate concurred and Thompson was released. Thompson
complained of Wilson for assault and battery for which he was held to appear at the
next term of the Grand Jury and in default of bail was committed to jail.
No. of case: 77. On whom committed: Sandy
Stokes. White or colored: colored. By whom committed: Civil authorities. White
or colored: -----. Where: Lunenburg Co., Va. When: Sept. 1868. By
whom reported: W. P. Austin, A. S. A. C. Character of the outrage and action in
this case: Report under Cir. 6 for mo. ending Sept. 30/68. Stokes was laboring
under contract with another colored man named Wm. Stokes for a share of
crops. Harrison Winn (white) drove Sandy off the farm and threatened
his life if he returned. E. C. Scott, Magistrate, was requested to
hear complaint & hold Winn to keep the peace. The driving off & threatening
was admitted by Winn, but justified on the ground that Wm. Stokes had
(as per contract) no right to employ anyone objectionable to Winn, and that Winn
had a right to drive Sandy off from his premises, and threaten him if he did not
comply. In this the Magistrate concurred and released Winn. Sandy was
advised to look to Wm. Stokes for his pay.
No. of case: 78. On whom committed: Anthony
Pierce. White or colored: colored. By whom committed: Civ. authorities. White
or colored: -----. Where: Hanover Co., Va. When: Sept. 1868. By whom
reported: Ira Ayer Jr., A. S. A. C. Character of the outrage and action in this
case: Report under Cir. 6 for mo. ending Sept. 30th, 1868. Reports that James
D. Benson (white) was sentenced to one hour in Jail and $50 fine for
stabbing Pierce.
Jany. 1867. Ira Ayer Jr. Report under Cir. 6 for mo. ending
Feb. 28, 1867. Reports stabbing of Anthony Pierce (colored) by James D.
Benson (white). Wound about 3 inches long and 4 inches deep. Assault unprovoked. Pierce
formerly belonged to the 1st US C. C. which fact was known, and is believed to
have been the cause of the assault. Filed.
No. of case: 79. On whom committed: Milton
Runnells. White or colored: colored. By whom committed: E. H. Cook. White
or colored: white. Where: Pittsylvania Co., Va. When: Oct. 8, 1868. By
whom reported: Wm. Leakey, A. S. A. C. Character of the outrage and action in this
case: L. 239, R. F. & A. L., Va., 1868, dated Oct. 12th, 1868. Reports
whipping of Runnells by Cook for alleged lies told about Cook by Milton.
Thirty licks given on bare back with a switch, hands tied together &c. Cook
acknowledges to have whipped Runnells.
Returned to Wm. Leakey, A. S. A. C. (thro. Hd. Qrs. 7th
Sub. Dist.) October 21st, 1868 with directions to bring the case before and
urge upon the Civil Authorities, and if justice is not obtained from them
the result should be reported in full to the Military Commissioner and to
these Hd. Quarters.
No. of case: 80. On whom committed: S.
Parham. White or colored: colored. By whom committed: Armstead Blick. White
or colored: white. Where: Dinwiddie Co., Va. When: Oct. 3, 1868. By
whom reported: J. R. Stone, S. A. Comr. Character of the outrage and action in this
case: Report under Cir. 10 for mo. endg. Oct. 31st, 1868. Encloses letter
addressed to Col. T. S. Dunn, Military Commissioner, reporting that Parham
alleges that as he was passing Blick's house in Dinwiddie, Blick, who had a
grudge against him, came out with a gun and deliberately shot him in the head. Not a word
passed between them. A warrant was issued but no officer would serve it.
J. R. Stone, S. A. C. Reports under Cir. 6 for mo. end.
Nov. 30th/68. Reports that Blick has not been arrested. Mil. Comr.
seems reluctant to enforce justice, has again verbally called his attention to case, and
he promised to see to the arrest of Blick.
No. of case: 81. On whom committed: Jacob
Cash. White or colored: colored. By whom committed: James Snead. White or
colored: white. Where: Bedford Co., Va. When: Nov. 1st, 1868.
By whom reported: T. F. Wilcox, A. S. A. C. Character of the outrage and action
in this case: Report under Cir. 10 for mo. end. Nov. 30th, 1868. Encloses
copy of letter addressed to the Military Commissioner at Lynchburg, Va.
stating the grand jury of Bedford Co. Court failed to find a true bill
against Snead from the murder of Cash. It appears that Cash and a
colored man named Gardner had a row on board a canal boat on which Snead was
a passenger, that Snead told Cash to hush his damned noise or he would make
him; Cash replied that the boat did not belong to him (Snead), that he was
only a passenger, that he (Cash) was not afraid of him or any other damned man;
whereupon Snead took up a hatchet and threw it at Cash, hitting him and
causing him to fall off the boat into the water with his head upon a sand bar. When taken
up he was dead. The hatchet appeared to have struck him behind the ear.
No. of case: 82. On whom committed: James
Taylor, Teacher. White or colored: white. By whom committed: John & Mark
Hawkins, John and Joseph Wilson. White or colored: white. Where: Bacon's
Castle, Surrey Co., Va. When: Oct. 30th, 1868. By whom reported:
P. H. McLaughlin, A. S. A. C. Character of the outrage and action in this case: S.
318, R. F. & A. L., Va., 1868, dated Nov. 23rd, 1868. Reports that about 11
O'clock on the night of Oct. 30th, 1868, four men named John & Mark
Hawkins and John & Joseph Wilson went to Mr. Taylor's
house and demanded admittance which being refused they broke the door down and John
Hawkins and John Wilson entered. They proceeded to beat Mr. Taylor
unmercifully and ordered him to leave the County at once. Jno. Hawkins
presenting a pistol to his breast, threatened to shoot him if he did not promise to leave.
After remaining about one hour the assailants left. Mr. Taylor went as well as he
was able to the house of a Mr. Scott, 2 1/2 miles distant, where he remained long
enough to procure a conveyance to leave the County. Before leaving the County, Mr. Taylor
went before a Magistrate (name not given) and made complaint, but the Magistrate
refused to act in the case. It is reported that Mr. Taylor went to Norfolk and from
there to NY, that he died while on the way to NY of the injuries received.
The night after Mr. Taylor was beaten his dwelling and
outhouse were burnt down. Filed.
Copy of this report forwarded to Genl. Stoneman Dec. 7th,
1868.
J. R. Stone, S. A. C. Ordered to proceed to Bacon Castle
and investigate and report upon case by S. O. 156, par. 1, C. S., H. Q., A. C., Va.
Lt. P. R. Hambrick, S. A. C., ordered to make inquiries on
NY Steamship for Mr. Taylor by L. S. 792, R. F. & A. L., Va., 1868.
R. M. Manly, Supt. Ed., instructed verbally to make
inquiries about Mr. Taylor, from Society employing him.
J. R. Stone, S. A. Comr., R. F. & A. L., Va., dated
Dec. 15th, 1868. Reports personal investigation of above case. Filed.
P. R. Hambrick, Bvt. Maj. & S. A. C., H., R. F. &
A. L, Va. Hambrick returns letter 792 with the information that no person died on the NY
Steamer at or about the date named. Filed.
No. of case: 83. On whom committed: Anthony
Pollard. White or colored: colored. By whom committed: Grand Jury. White
or colored: white. Where: Stafford Co., Va. When: Nov. 1868. By whom
reported: Hector Sears, A. S. A. C. Character of the outrage and action in this
case: Report under Cir. 6 for mo. end. Nov. 30/68. Reports that Anthony Pollard,
colored, appeared before the Grand Jury of Stafford County last court, and
entered complaint against a Mr. Armstrong, white, for an assault upon his (Pollard's)
wife. The Grand Jury failed to indict Armstrong because, as the
foreman of the Jury afterwards informed him (Sears), they thought that Armstrong
only wanted to do the same to her as a husband would." Mr. Sears reports that
he instructed Pollard to get a warrant for Armstrong's arrest and have him
bound over to appear before next Grand Jury, and steps would be taken to
have the facts properly brought before the Jury. The warrant has been issued and is in
hands of Constable but Armstrong has left the County & not yet been
arrested. Filed.
No. of case: 84. On whom committed: Morton
Witcher. White or colored: colored. By whom committed: Civil authorities. White
or colored: white. Where: Pittsylvania Co., Va. When: Nov. 1868. By
whom reported: Wm. Leahey, A. S. A. C., L. 287, R. F. & A. L., Va., 1868, dated
Dec. 1st, 1868. Character of the outrage and action in this case:
Reports that on the 24th Aug. 1868 Morton Witcher (colored) shot Alexander
Dodson (white) from the effects of which he afterwards died. The son of deceased
testified that he and deceased went to Morton's house on the morning of Aug. 24th
to see him relative to the melon patch, as Morton's tracks had been found therein.
(Morton worked the farm on shares with Dodson). That when near Morton's
house, Dodson (the deceased) hollowed to Morton and told him "they
would not get on in that way," that he (M) would have to go and have the
contract read - that Morton then said "do what, do what" and took his gun
down and shot deceased and then made motion to load his gun; that the deceased
then rushed into house at Morton with a dogwood stick, that the son took up
an axe to assist his father and made a lick at Morton. The deceased appeared
to grow weak and ran out of house followed by son; that before the shooting, the
prisoner's wife made some remark to deceased, who said to her "you dam bitch,
shut up, I am not talking to you."
Lucy Witcher, aged about 14 years, the
daughter of the prisoner, testified that she and her sister about 2 years younger, were
out a short distance from the house on Sunday morning, the day before the shooting, and
while there heard loud cursing at the house, and heard the deceased say "he wished
them in hell." Found Mr. Dodson in the garden, and father and Aunt Becky
near him; Mr. D repeated several times "he wished them both in hell,"
that M and Aunt B asked what they had done, D said it matters
not, and pulled a stick from the paling and raised it over father's head and said he had a
mind to knock his brains out. Father told him not to strike. Mr. D then went away,
cursing them as he went.
Next morning after she had started a fire, and before her
father and Aunt B were up, it being just day break, Mr. D came and
opened the door and said "Morton I am ready for you." Mr. D's son
was with him; father said "ready for what?" Mr. D said "I have come
to kill or be killed," father said "he was not ready for any such
business." Mr. D said "when I undertake anything I generally go thro with
it," father then got up and put on his pantaloons and stood by the bed. Aunt B
stood near the fire place. Mr. D cursed father, and jumped into fighting him with a
large stick, dogwood, as large as my wrist. When D jumped at father he hollowed to
his son "get an axe & split his damned head open." D's son
got an axe and struck at father, they got him down on the floor and Aunt B.
beat Mr. D's son off with a stick of wood; father jumped up and took down
his gun and shot Mr. D - after he was shot he again jumped at father, they fought
for a little while, Mr. D then ran out and was followed by his son. Eliza
Witcher, aged about 12 years, testified substantially the same as her sister Lucy.
Wm. Leahy, A. S. A. C., testified that the prisoner came to him on
Monday, Aug. 24th, 1868 and made a statement of the case, and he (L) turned him
over to a Magistrate. The prisoner had his gun powder and shot with him.
R. S. Lacey, S. A. C. L. 289, R. F. & A. L., Va. 1868,
dated Dec. 9th, 1868. Forward copy of Bill of Indictment of Grand Jury against Morton
Witcher (c) for shooting Alex Dodson (w). Also copy of sentence of
court, which found Morton guilty of murder in 2nd degree, and put the
penalty at 15 years in Penitentiary & on motion of Witcher, who desires to
present a petition for a writ of error to said judgement, the execution was suspended for
60 days.
L. 287 & 289. Forwarded to Governor H. H. Wells Dec. 14th,
1868, requesting that he will pardon Morton Witcher.
No. of case: 85. On whom committed: Wm.
Vaughn. White or colored: colored. By whom committed: Civil authorities. White
or colored: white. Where: Henrico Co., Va. When: Dec. 9, 1868. By
whom reported: B. C. Cook, A. S. A. C. Character of the outrage and action in this
case: H. 344, R. F. & A. L., Va. 1868, dated Dec. 12, 1868. Reports case of Vaughn,
col'd, ex-Union soldier, and Thomas Isaacs, white, ex-Confederate soldier;
both tried for the same offence, (i.e. for removing sand from the public road) and by the
same court - Vaughn was fined $20.03, costs included & Isaacs
$12.16 fine and costs.
Forwarded to Bvt. Col. Chalfin, A. A. Genl. 1st
Mil. Dist., Dec. 17th, 1868.
No. of case: 86. On whom committed: Robt.
Winston. White or colored: colored. By whom committed: Civil authorities. White
or colored: white. Where: Hanover Co., Va. When: Dec. 12th,
1868. By whom reported: Ira Ayer Jr., A. S. A. C. Character of the outrage and
action in this case: H. 33, R. F. & A. L., Va. 1868, dated Dec. 12th,
1868. Reports that in January last, Winston rented a house and lot of Thos. Stanley
at $30 per year - he also rented of the same person some land, he to pay 1/4 of crop and
find one horse. A Mr. Mark Harlow had been renting some land from Stanley,
occupying a house & lot, for which he paid no extra rent, each finding a horse and
dividing the crop equally. After Winston had entered into the contract, Stanley
sent him word by Harlow that if Winston was willing they would annul first
contract, and he might cultivate the place on the same terms as Harlow. To this
proposition Winston agreed & each found a horse & the crop was
satisfactorily divided about December 1st, 1868. Winston states that up
to that time he understood he was to pay no extra rent for the house and that Stanley
had never called on him for rent, altho by the first contract $15 was due the latter part
of June. Stanley demanded rent and was refused. When asked why he charged rent he
told Winston that it was because he had not made as large a crop as anticipated. Stanley
brought suit for $15, which was given against Winston. The property of Winston
has been attached by the Constable and he appeals to the Military for protection.
Forwarded to Col. Chalfin, A. A. Genl. 1st Mil. Dist., Dec. 17th,
1868 requesting reference of the within to the proper Mil. Comr.
No. of case: 87. On whom committed: Jacob
Powell. White or colored: colored. By whom committed: Robert F. Rice. White
or colored: white. Where: Hanover Co., Va. When: Nov. 23rd,
1868. By whom reported: Ira Ayer Jr. A. S. A. C. Character of the outrage and
action in this case: Reports under Cir. 6, Series 1866 for mo. end. Nov. 30/68.
Reports that Rice shot two colored men, one on purpose the other
accidentally, that he afterwards gave himself up, and was committed in default of bail for
$500. Extract of report returned to Ira Ayer Jr. Dec. 3rd, 1868 for the names
of the colored men injured and a more explicit report of the within case.
Ira Ayer Jr., A. S. A. C. H. 346, R. F. & A. L. Va.
1868, dated Dec. 10/68. Reports fully on above case, and states that Rice was
employed by Major Archer, that he went to the kitchen premises to eat his
breakfast, that after eating he was sitting by the kitchen fire, preparing to smoke, when Jacob
Powell, colored, entered and kneeling down between a col'd man & woman
presently remarked in a jocular way that he could "knock down any
man in the room." Rice got up, walked into middle
of room and said "come out here" - after a few passes Powell knocked Rice
against the wall, when the latter became enraged, seized an axe and drew it as if to
strike Powell - here the other colored men interfered and
begged Rice not to strike. Rice went out to a pile of bricks and took up one
and threw it at Powell; he then went to a building where he procured a shot gun,
which was loaded. Returning with this, he saw Powell standing in the door of the
kitchen and immediately drew and fired at him. Several shot struck Powell, one in the eye
destroying his sight - with this exception he has recovered. The other colored
man was also hit, but not materially injured. After the shooting Rice went
immediately and gave himself up to Dr. T. G. Lumpkins, J. P., stating
that he had shot Powell intentionally &c. At the November term of the County Court
that Grand Jury found a true bill against Rice for shooting Powell.
At the trial the counsel for the defence appealed to the
prejudices of the Jury-Rice was "an ex-confederate soldier,"
a "Virginia Gentleman," a "white man,"
that Powell was a "nigger" &c. The jury found Rice guilty of unlawful
shooting and sentenced him to one cent fine and 12 hours
confinement in the County jail.
W. A. Coulter, A. A. A. Genl. L. S. 813, R. F. & A. L.,
Va., dated Dec. 17, 1868. Addresses Ira Ayer Jr., A. S. A. C. and calls for a report of
full names of Justices trying this case, and their disqualification, if any, under
the 14th Amendment to the Constitution of the U. S.
No. of case: 88. On whom committed: Chas.
Brooks. White or colored: colored. By whom committed: John Chapman. White
or colored: white. Where: Warwick Co., Va. When: July 1868. By whom
reported: S. C. Armstrong, S. A. C. Character of the outrage and action in this
case: A., R. F. & A. L., Va. 1868, dated Dec. 17th/68. Returns letter
735 from these Hd. Qrs. with report that Chapman shot Brooks in July last,
that in Oct. the Mil. Comr. informed H. K. W. Ayres,
A. S. A. C., personally that he had reported the case to the attorney for
the Commonwealth of Warwick Co., who said he would immediately commence
prosecution. Chapman is still at large.
Forwarded Dec. 19th, 1868 to Genl. Stoneman
soliciting the interference of the Mil. Comr. in this case.
No. of case: 89. On whom committed: Jack
Parker. White or colored: colored. By whom committed: Civil auth. White
or colored: -----. Where: Hanover Co., Va. When: Nov. 1868. By whom
reported: Ira Ayer Jr. A. S. A. C. Character of the outrage and action in this case:
H. 349, R. F. & A. L. Va., dated Dec. 14th, 1868. Civil authorities at
November term of Court refused to find a true bill against Peter McGhee
(white) for stabbing Parker. Gives particulars of case. Forwarded to Col. Chalfin
A. A. Genl. 1st Mil. Dist., Va., Dec. 23rd, 1868.
No. of case: 90. On whom committed: Andrew
Jackson. White or colored: colored. By whom committed: Calvin Bullock. White
or colored: white. Where: Hanover Co., Va. When: Dec. 1868. By whom
reported: Ira Ayer Jr., A. S. A. C. Character of the outrage and action in this
case: H. 350, R. F. & A. L., Va., dated Dec. 15th, 1868. Reports
beating of Jackson by Bullock over the head with a stick. Case has been
referred to a Magistrate. Filed.
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