Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-11-12
Copy Of q letter from Colonel Pickett to Myo'
M'Infosh

respectable sources, that the commanding efflcer
at Fort Mitchell has been instructed to afford to
our civil authorities all proper facilities Tor put.
ting the case Of the killing Of Hardeman Owen in
train for legal investigation. The Circuit
Court Of Alabama, for the county OF Russell, Is
now in session, and bill Of indictment against
the perpetrator or perpetrators Of that act will
this day be prepared. In pursuance oil those in
structions. / have thought proper, from sense OF
duty, to ask at your hands the aid requested; and
to facilitate this object, that the detachment OF
soldiers who were present at the killing OF Owen
be delivered over to the Sheriff Of this county =
The reason why this is deemed necessary. is ow.
ing to the difficulty Of ascertainiug the name or
names Of the persons who committed the act, as
no one was present, it appears, but the lille OF SOL
diers-or this may be dispensed with, it you will
be good enough to furnish the State with the name
OF names in question, and with the witnesses
| who will prove the fact.
Respectfully, your obed't. servant,
VIM D. PICKETT,
Solicitor 9Th judicial Circuit
P. s. Accompanied herewith, is the Globe OF
the 2lth August last, containing the article al.
luded to-an answer is respectfully requested.
w. d. P.
FORT MITCHELL, ALA, loth Oct' 1000
SrR-In reply 10 your communication OF yes.
terday, informing me that you have been advised
through the medium Of the Globe" at Wash.
ington City. the official pa per Of the adminstra.
ton, and from other high and respectable sources,
that the commanding officer at Fort Mitchell has
been instructed to afford to our civil authorities
all proper facilities for putting the case OF the
killing of Hardenan Owen in state for legal
I ,rEn hot havo ra
ceived no instructions relative 10 the case above
cited, aud Iapprsnend will not, from the single
| fact, that the soldier who shot Hardeman Owen
was in the lawful execution Of his duty. must,
therefore, decline your invitation to deliver to
the Sheriff of this county the detachment OF SOL
diers who we're preseu. at the time that Owen
was killed Had any officer or soldier Of my
command una@fully used violence or committed
any offence against the persons or property OF
any citizen of .ne United States, such as is pun
ishable oy the known laws Of the land, no. one
would lave been more ready or willing, upon le.
gal application duly made, to use their utmost en-.
deavors TO deliver over such accused person or
persons to the civil magistrate.
| am, sir. very respectfully,
| Your obedient servant,
J. s. McINrosH, Maj Bat.
4th Infantry CONG.
To WIN. d. PIcKFTs. Esq
Solicitor sin Judicial District
THE srArE oE ALABA, 2 Circuit Court, October
MA, Russell County Term, 1888.
To the Sheriff of said county, greeting: You
are hereby commanded, without delay, to take
the body OF Major James Mcintosh, If to be found
in your county, and bring him forthwith before
the Hon. the Judge of the Circuit Court for the
county of Russell, now in session, to answer to
said Court for contempt Of the same.
| Herein fail not, and have you then and there
this writ, with your endorsement thereon. BE.
VII Lucas. Clerk Of the Circuit Court for Rus.
sell county, this 18TH October. 1888
B. G G A. LUCAS, Clerk.
Issued 18th October, 1883.
The STATE Sherif''s Return II went
Us. Ito The Fort and called on de.
JAMES M'ISrosH, PENDANT. He swore should
| not touch him. am satisfied If had made the
attempt, it would have been at the risque Of my
life; that defendant was commanding officer Of
the Fort, and had sworn on Yesterday he would
not surrender up any one in the Fort.
+ d. CRowELL, Sheriff r. c.
October 16. 1885
THE STATE OF ALABA I Circuit Court. October
MA, Russell County, Term, 1883.
! Personly appeared Edmond CroweIl, Sheriff
! Of said county, in open court, who being duly
sworn, deposeth and saith, that on the 18th inst,
he had placed in bis hands by order Of said court,
subpHnrs for Frank Barger, James EmDerson,
James King and David Manning, officer aud sol.
divrs of the United States Army, under COM
mand Of Maj. Jas. 8. Mcintosh at Fort Mitchell,
10 said county: that he proceeded to the quarters
Of the Major, and told him he had certain process
for the individuals above named, and wished to
serve them. His reply was" I'll be damned If
l give up a man." After he had put up his
horse and returned, the Major, upon ascertaining
the papers were not to take the persons. but
merely subpenas. affiant was permitted TO search
the Fort. but could not find any one Of them
That he succeeded in serving the subpoena on
Lit. David Manning out Of the Fort He repli-
ed, 81 shall not CO." That on the 18th instant,
a capias, in the nature Of an attachment for con-
tempt Of said court against the said Major Mcln.
ta,h ,,.s ,i.cad in nou hooda ~ the clerk nj