Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-12-30

from which We extract the following:
HUNTSVILLE, ALA, Dec. 3, 1865.
General: On yesterday the prisoner,
Frank B. Gurley, confined in the dun
geon of the county Jail of this city. 40
piled to me, as n Of his counsel, to be
relieved of the irons which, for greater
security, have been placed upon nim bv
the military authorities. This being
Gurley's second application to this effect,
| respectfully lay the matter before YOU,
as the commanding officer of this dis
trict, trusting that in your iugdment
and kindness you will not consider
me as preferTing an unnecessary and
frivoleut request. The iron band around
his waist, connected by a chain to the
mauacles upon his feet, produce sore
ness, and, together with the handouts
upon him at night, disturb and TO great
degree prevent his rest. am satisfied
that an examination of the massiveness
and strength of the jail building will
convince you Of the impossibility Of the
prisoners escape. Therefore, General.
as a matter of humanity, l prefer this
request feeling warranted in so doing by
the relation | bear the prisoner and the
limited but favorable knowledge l have
| of your personal character.
The inference which is drawn Of hos
tility 10 the Government from the inter-
est now manifested by all classes in So
ciety in behalf of Gurley Is, in nv be-
lief, unfair and Legitimate. In this con-
n%ection, all0w me to say a word:
1t is no purpose of mine to argue the
facts in Gurley's case, or to question the
motive or action of any tribunal before
which he wa convicted. The popular
mimi Of both sections was made up at
the time, and my purpose is to have the
one to which ! belong properly under
stood and sa:rly appreciated.
In the on side, he is believed tObe the
murderer of Gen. McCook, II of Ohio's
most chiValrOus ahd gallant sons. That
opinion is backed by the findings of a
military commission, and has become a
settled popular conclusion.
On the other, | assert that there Is not
acitiZen in North Alabama, especially i'm
this county, where Gurley was born and
reared, who knows, or processes to know.
any thing of that transaetion-no matter
OF what complexion OF politics he a be
who thinks that verdict correct. or that
Gurley was guilty, as then and there he
was found to be. More than this. T as
sert that at this time the impression is
universal that if the Government would
now, in peace and quiet, give him a trial.
he would be by it acquitted. Nor IS II
intended TO be ~inSinuated by this mai
his trial was purposely unfair. or anv
advantage willfully taken of him. Ii
vas not in the nature of things that II
could have been satisfactory,
The war was at it's hight. the not
blood OF both, SO freely shed, was at fever
heat the storm Of popular feeling, never
so high as when mingled with grief for a
fallen hero, turned the current all one
way, 5 the breath of the TEMPEST does |
the leaves of the forest. His trial tool, |
place under these terrible restraints. NOT
a witness who belonged to GurIevis
could be Summoned ar
was present at it. In this IiOht
what others may think. this COM
munity regard H. Besides, General. he
was exchanged, paroled, sent back TO his |
homes and friends, with others, and tits byt
that they should conclude All
proceedings against him at an end
they have foreseen the result az
their action in the light of s-n,,seoDen5
events had it been known that this nro-
on the part of the Government
arose from a mistake, be assured hat
heir action would have been diffarent
l invoke the ~clenency of the Govarn-
nent in behalf of the man who. with bIs
pinioned hands, protected citizens
If this city from arrest and impr;son-
nent, myself among the number, and
trove, with his own command M vile
'epres entative of irresponsible nowar
me unnatural hate, in disgraee and to-
somy from its streets.
ReSDactfu1tv