Letter from H. S. Van Eaton to R. J. Mathews; June 10, 1870

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Letter from H. S. Van Eaton to R. J. Mathews; June 10, 1870

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People

Baker, Elisha Mathews, R. J.Unknown, Unknown Van Eaton, H. S.

Events

Crime Crime--Abandonment Crime--Aggravated Assault with a Deadly Weapon Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Pardon Trial

Organizations and Businesses

Courts Jury

Occupations

Lawyers

Places

Woodville (Miss.)

Social Identifiers

African Americans Divorced or separated individuals Historically free and newly freed African Americans

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[seal]

[stamp] H. S. VAN EATON,
Attorney at Law,
WOODVILLE, MISS. [/stamp]

Woodville Miss. June 10' 1870

R. J. Mathews Esqr

Dear Sir

I am glad to have an opportunity to make a statement in reference to Elisha Baker—This poor fellow ought never to have been convicted—

The testimony substantially was—that on the Evening of the alleged "assault with intent to kill" Elisha had retired to his Cabin—it was just after Dark—In the Cabin lived with Elisha a woman formerly the wife of the prosecutor—the party assaulted—also some children—some of the Children were crying. The prosecutor came to the Cabin & Demanded to know "What was the matter with those children", & called to Elisha to come out—(It should here be stated that the woman had long since been abandoned by the prosecutor—that he had no claim on her, or rights in the Cabin where she & the children & Elisha were staying)—The Door was shut, Elisha opened it & stepped out. Soon there were angry words—finally the prosecutor advanced on Elisha with a piece of round iron about 2 or 3 feet long & an inch in diameter—at this juncture

Elisha Baker
N^o 317

N^o 317

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Elisha picked up a knife, and as the prosecutor struck or attempted to strike him with the bar of iron he (Elisha) cut the prosecutor with the knife, which ended the encounter—

It was evident on the trial, the witnesses all negroes, were prejudiced against Baker—nevertheless the Jury found him Guilty as Charged, & the court regarding the matter as so peculiarly within the province of the Jury refused a new trial—It is proper also to state that the above account of the affair was given by the State's Witnesses—I took great interest in the case & when I mention that I was acting without fee or hope of reward, you will see I was disinterested—I afterwards got up a petition for pardon but it never succeeded—

I know it was the opinion of the bar here that Elisha ought not to have been convicted—

I ought perhaps also to mention that the knife was one ordinarily in use about the cabin, a sort of butcher knife I think, & that it happened to be laying near at the time of the assault on Elisha by the prosecutor—

In conclusion I can only say in all my practice I have never known

a case more justly deserving Executive clemency & I sincerely hope it may be Extended—

I presume I have stated what the committee wish to know viz my Knowledge & remembrance of the facts as testified to on the trial &c—

Respectfully—

H. S. Van Eaton