The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-12-16
from he d,lnl'y.1e .kis-.sAdvooss-.
The Case al Frank h. Garley.

Of tbs county Jail OF this cjty, applied % M
- oLe nj his counsel, 20 bs relieved OF ID
! irons, which. for greater security, hav
; | been placed upon hjui hy ths military az
thOC.II-s. I'M, being Gurlry', second au
! phcatou i9 ,hIs edeci, 2 respectfully av IA
matter before Won, as the Commander
Officer 10 b Disgrict, t.ustiug. th-t q
your judgmrni and kindness You VII us
consider M a. preierring az uune es.ary o
frivolous request. The iron band arOun
his waist. conf ectei BY 8 chain TO the man
acles upon his feet, produce soreness, en-
together with the handouts, placed upol
him Al night, disturb, and TO Q great degree
prevent his rest. am satisfied thst su ex
animation OF the massiveness and strength
Of the building. viii convince you Of the i'm
possibility OF the prisoners escape. There
lore General, a. q matter OF humanity
prefer this request, feeling warranted in o.
uOing, b. the relation bear to the prisouel
and limited, but favorable knowledge which
| have Of your personal character. This is
not, however, the only motive which
! prompts me to address v0u this commuuics
tIou- shou.d deem myself truant 90 The
/ lnte est OF my client, and Indifferent % the
| condition Of our common country, if did
not 60 sull further, and. in this connection,
| place frankly before you consideraiiou, OF .
all now IN fact, and ] trust soon will b. IN
feeling. American citizens. Il is the duty
at every ught-minded man .North and
S'1n S2S11 o,is ,a Stay 81 pths Asye
the restoration OF that true allegiance, which
! springs, not from contracts acd registered
oaths alone, but from the heart. From this
stand point, ask your at'e4ticn and that
OF the public generally.
lrurlevfa election fha uffIga
Sheriff OF this county, was wrong under the
circumstances, and justly and properly,
gave rise 70 the belief thaE his name was
thus used as Ell organ, through which
disi0ysl and pre- udiceI men, uttered their
spleen and hate. Ills arrest and imprison-
meut, u, Il reIort upon al such, - proper
and right; Tor u We are 90 have Govern
msnt, houOrabla mea, WI, sooner or laier,
learn that the oath OF all-g ance, was eX-
pected % carry with u sOmelhiug els- Ihan
yiudirtiveue end malice. Hos mauy, ,-0r
how lew, were taus iudusucsd, % is imPos-
sible 10 say. 10 my Judgment oi those who
voted iJr him, they were NOT the most re-
speclabl-, in influence or.iH numbe .. A
large proportion Il this community have no
participation In the folly 4ud uvns-u-e OF
others, who nurse their wrath 20 Keep it
warm, and whose insane conduct exposes
every one - InIsc0ustrurt0n, aud even
the innocent 10 punishment But there sre
those among us who are tloughtless, and,
10 The matter OF this election, have bIudly
drawn, too strongly on maguanimity itself
there are Others whose sy mpatni-s, easily
touched by facts not duly considered, have
follONed them up, until good sense aceredlts
them with very different motive
These opinions Z state ia candJr aud fair
ness, we'll knowing thsy fall short 0I yOue
own honest cUuyIc ions.
The inference which is drawn Of hostility
TO the Government from the interest nov
manifested by al classes ia society, n be-
half Of Gurley, -, in my belief, unfair aud
II legitimate. In this connection, HliOw me
to say q word:
IL is no purpose Of mine 70 argue the facts
a Gurley's case, OF 70 question the motive
or aetion Of any tribunal, before which he
was convicted The popular mind OF both
sections, was made up 81 that time, and
nv purpose is % have the one TO which I
belong properly understood and fairly aP-
preciated-
On tho one side, he is believed 10 be- the
murderer Of Gen. McCoOk one Of uhIp'-
most chivzlrous and gallant sons. Tina.
opinion is backed BY the hnGIngs OF mill
tarv commission, aud has become a settled |
popular conclusion.
On the other, I assert that there is not 8
citizen OF North AIsbama, especially Ia this |
county, where Gurley was born aud reared, |
who knows, OF Processes 10 know, anything |
Of that transscti0n-nO matter oi hat com |
pie 1ion IN politics he may De-, who thinks
that verdict correct, OF that Curley was
guilty, as then and there be was lOuud %
be. More than this, / assert that a. tins
time the impression Is universal that i The
Government would now, 10 peace aud quiet.
l. 81 h. 4 D d. a.
ted Nor is it intended 90 be iusinuated By
this, that his trial was purpose Unfair, or
any advantage wlliuIly taken Of him. IL
was not in the nature Of things that IL could |
have been satisfactory.
The war was at its height the hot blood |
OF b0th, SO freely shed, was al lever heat
the storm Of popular feeling, never 50 high |
as when mingled with grief ior n iallen |
hero, turned the current all one way, as The
breath Of the tempest does the leaves Of the
forest His trial took place under these ter
ribly restraints, not q witness IS 10 belonged i
% Gur.ev's command could be summoned, /
or pa- present 81 it. II this light, despite
what Others may think, this community re-
gard DO. Besides, Genera, be was vK-
chaugei, purolel, sent back 90 his home
and Iriend., with others, and t is but uatu.
raj that they should conclude all proceed
iugs against him A. su end. Could they
have lO-rseen the result Of their sction, ia
the light oI subsequent gyents-had 90 been
known that Jniz procedure on the para o.
the Government srO-s tJOm mistake, he
assured their action would have b-eu dItrr-
ent.
How much OF prejudice, General, there
may be 10 both Ihe conclusions referred Go,
IN Tear OF being mistaken, ! wall not under
lake 90 say. Speaking with all the candor
a.. q
good deal has been admitted. You are from
illinois; am an Alabamiau. How much
your sympathy for the gal act NIcCook, a
native Of your section, may le d you in the
one direct On-how much the fact that 1
stand in the tALae relation % Gurley, may
lead me in the other, ] viii not pretend to
decide Nor is il necessary that there be
either judge or judgment on either side
The situation OF Gurley is not such as 0a
that trial. To this point your attention
The war IS over-lhe case you represent,
and with which your name in history viii
be associated, is triumphant. The true sol
der fears nothing, much less does he fear 10
be maguanimous. His protection against
treachery and ipgrstitude, should he mset
il, is IN his strong arm and keen weapons.
In this mstter Alsbsms speaks directly 70
Illinois. In times past, aud upon She Issues
which made this iratrcidal war. your peo-
pie and mine were together. The humble
pris0osr himself was follower Of Douglass
Let the shades Of Oblivion cover the past;
and iI all cannot be forgotten and forgiven
Just nov, still let nothing be done when
msy give cause, constantly % recur 90 the
side 70 the gslloWs, on tie other 70 The
grave.
Ihaye written ss citizen, as an Attor-
new; but now as man incapable Of ind fer
enc, trust, when that would be iugrsti-
tuds, or, Of silence, when the promptings
would be fear, invoke the clemsucy Of the
Federal Government ia behalf OF the mau
who, with his now pinioued hands, protect
Cd citizens Of this city from arrest and im
prisonment, myself among the number, aud
drove with his own command the vile rep
rsssntative Of irresponsible power and I'M
uatural haze, IN disgrace and ignomiuy from
its streets.
Respectfully, NIcs. DAVIS.
To MAJ. Gen. GEEEs0y.
10 reply 20 this letter, We understand that
Gen GTiersou had Curiey promptly relieved
Of the manacles Of which he complained.