Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-11-08

"'"chhhh owen in state tor legal invest alton,
W." 10 ihorm you that have received ins uction-
relative 10 the above cited, and l apprehcud viii
nor from the single fact, that the soldier who hot Harde.
man owen was la the Law tu execution OF his duty.
must therefore, decline your invitation to deliver e, the
Sheriff OF this county the detachment OF soldiers who
were present at the time that Owen killed. Had any
officer or soldier OF my command uni fully used vio-
Ience or committed offence against the pei sons or
perty OF any citizen OF the United States such as is
have been more ready willing upon legal application
duly made. to their utmost endeavo,s TO- ieirer
over such accused person persons the civil mars
Tate am, sir, very respectfully
Your obedrnt servant,
J. = MCINTOSH, Moi. Bat
To w. ~ Hh Infantry Cong.
Solicitor sm judicial District.
HE STATE or ALABAMA, Circuit Cour. October
~ KnsseI, County Term. 1893.
To the Sheriff oil said county. greeting You are here
ny commanded without delay to take the body Major
James Mcintosh, il to he found in your county, and bring
nm forthwith before the Hon. the Judge of the Circuit
Court Tor the county Russell in session. 10 answer
TO said Court Tor II contempt Of the same.
Herein fail not and have you then aud there this writ
with your endorsement thereon. BEvII Lucas Clerk
OF the Circuit Cour, for Russell county this Is October
1858 B. G. G. A. LUCAS Clerk
Issued 18Th October, 1883.
The STATE SaeriGs Return wen, to the
JANE. Se a." should should T "o, defendant ,. him Tie
am satisfied IL had made the attempt would have
at the rsquc OF my life that was commanding
officer oil the Fort, hal on yesterday he would
not surrender up any one in the Fort.
October I6, 1888.
ihE ST rnI, or AhAnAMA' circ"i! Court October
10 hereby certify the within ,achuen and endorse.
nen is true copy IRON the original vn file in my oc.
October H. 1888. b. G. e. A. LUCAS, Clerk.
The SrA Rs,. OF H Aa, Circuit Court October
Personally appeared Edmond CroweiI. Sheriff Of said
county, IN opon court, who being duly sworn,
ana sait That on the l4'h instant he had placed in
nj said Id
James Emmerson, James King aud David Manning Off c.
and soldiers OF the United States Army, under command
oil Maj Jas. ). McI,osh Fort Mitchell in sa! coniy:
h'' ne proceeded TO the quarters OF the Najor and told
INN, he had certain process Tor the iudiv idas above
named and wished to serve them. His reply was IN
be damned II give up man.. After he had Put TN his
horse aud returned the Major upon asccraing the pa
pers were not TO take the persons, but merely suhpuns
ailiant permitted To search the Fort bur could not
any one oil them That he succeeded in serving the
pGna on It, David Manning out OF the Fort lie replied
" shall not CO." That on tho 18th instant, cspas in
tie nature oil an attachment for contempt OF said cout
against the said Major Mcintosh was placed nu,v H. nil.
ny the clerk OF said count; tina; he Ell to the
anu me place where me sj"r aud 'od him
hau c'pias to take him TO court. He replied 'You shall
not touch me- at the lime seying he had not
the cou't vi contempt and that said had 10 auho-
rity TO take him. hat the he did moi aeun, n,
take his when he had the oapias was i,
would have endangered his life by SO doing That ne is
satisfied any attempt he may make serve process on
sau soldiers or upon the said Major i'll be resisted and
prove useless HAT the power OF tho county is sufficient
execute process on said persons, situated hey are with
ED. CEowELL, Shift. r c.
sworn TO in open court, Oct. IA, 1888.
DO hereby certify the foregoing be true copy from
The original on file III my office.
b. G. G. A. LUCAS Clerk
The STATE OF ALABAMA, Circuit Court, October
Russell County. Term, 1888.
This day came Eli Couch open court and n,akeh oath
That he resides at For, Mtchc knows ST rjcan
els Dager, James King and James Eminerso tina, the
are soldiers III the Fort, aud the command Of lanes
D Mcin'oSti; that lie has them in the Fort within
one or TWO days past and aues' daily for the FIVE or
SIN mohs that they are generally there duty; that
when he went with the sheriff OF Russell county with
process against tem that they absent from the said
Fort, while all the other soldiers. lie believes were prc.
sent. =
Sworn TO, in open Court, the 10Th October, 1888.
Is. G. G. a. LUCAS, Clerk
THIS STATE OF ALABAMA, ! Circuit Court, October
| Russell County. Term, 1888
This day came Samuel c. Bcn,on, in open court, and
,nakes oI'h tina, he live. at the Fort aud knows Frank
B"rger James King and James Emmrrson soldiers of ike
United States Army at said Fort, under the command ol
M@J Jas :. Mcintosh; that lie has them or some
one two OF them, there late as the IYb inc, ,
ey are there generally duty and have been Tor some
time past. ~
Sworn 10 in open Court, 10Th Oct, 1893
IKE STATE OF ALABAmA,} Circuit Court, October
R"'seh County. Term, 1888
do certify the foregoing TO be copies OF original,
now on file IN my Office Oct. II, 1888.
ID. G. G. A. LUCAS. Clerk
Among the papers communicated 10 the Governor and
by him transmitted TO the War Department. is ronv IF
y" c"' iouho ny TIE grand jury oil Russell
against James Emmerson James King Frank Burger and
hve others unknown, for the murder OF Hardenan Owen
"nd against David Manning and Jeremiah AnslI for the
Ihci'lhg 10 The commission OF said crime; which Indie
mcn, being formal law paper, have not thought il
necessary TO publi>b.-T'uscaioosa Init
! We cannot shut our eyes to the ATTEMPTS which
are making by some OF the Alabama Papers IN
hasten on this contest to fatal rupture The Tus-
caoosa lntegeuccr i'm, laying these very Documents
before its readers, employs the following exciting
language:
IS difficult 10 speak Of such military maintain
one equn@miy OF temper IL the State amIy com
mandins officer of little band mntJcT
dy law within our Iorders she is indie libby
Tribunals are thus TO be
hands, IT Is TO be hoped that fourth will nuI,
hereafter by Hing that live liberty and law tint
and hat the military rendered wholly civil NO
e we are az the Of deputy Marshal United states
mo, let u, understand our condition and acknow once
what VIII those that have shown u disposition TO Justify
70 t ope" defiance OF our laws and Of hcy tai
as that ought pocket State and hmm nm,
selves before Major McInosh'"
1t gives us pleasure, however to quiet the aInrn,.
which may he excited by the language of the r
Fundamentally laying before the Public the fol.
lowing facts:
/ ~ The concitidto,y spirit al Uashingfon
Il we received yesterday Copies Of the Instruct ons
which have been issued by the Secretary of War
upon this subject, the moment lie was aware tI,n
any difficulties were to be expected. We Law them
before our readers.-They are the instructions tc
the Commanding Officer directing the course which
he is to pursue.-And also an extract of the Instruc
tons to Mr.. Key of the District of columbia. who
was dispatched by the Administration to Aaba,no-
in the course of the last week. We understand Mir