Freedmen's Bureau Records: Thomas P. Jackson to
Orlando Brown, February 29, 1868
Summary:
Jackson gives details of a criminal case in which the jury returned a guilty
verdict despite the lack of evidence, and he also describes the effects of
excessive bail charges.
Bureau of Refugees, Freedmen and Abandoned Lands,
Office 4th Division, 9th
Sub-District, Virginia.
Brigadier General O.
Brown
Assistant Commissioner
District of Virginia
Richmond (Through Headquarters 9" Sub-District
Virginia)
February 29 1868
Staunton, Va.
General
In compliance with Circular No. 10 Bureau Refugees Freedmen and Abandoned Lands
Series 1866 I have the honor to report that during the
month at both County and Hustings Courts several cases involving the rights of
Freedmen have been tried only one case of importance on the list, a charge of
attempted rape on the person of a colored girl by Thomas Harris [added: colored] and this was removed to the Circuit Court. On
the other cases the bench acted with strict impartiality but it was painfully
apparent that many freedmen had been held in confinement for want of bail, on
charges which were totally unsupported by evidence, and in one case, Commonwealth v. John Hughes for grant larceny, the jury
actually brought in a verdict of guilty, when the Corp. Attorney had charged
them there was no testimony against him. Hughes' counsel promptly moved for a
new trial, which the court granted, and the Corp. Attorney at once entered a nolle prosequi
[page 2]
and Hughes was
discharged while the jury who had brought in a verdict of guilty were yet in
their seats.
I have appealed both to magistrates and the mayor against demanding excessive bail from freedmen charged with trivial offences but they inform me the statute gives them no discretion below amounts it is impossible for most of them [added: (the Freedmen)] to give. The consequence is the jail is often crowded to the great cost of the county and demoralization of those who have committed perhaps their first offence.
I have the honor to be, General
Your obedient
servant
Thos P. Jackson
Assistant Sub Assistant Commissioner
