Letter from Judge E. S. Fisher to Mississippi Governor James L. Alcorn; March 10, 1871

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Letter from Judge E. S. Fisher to Mississippi Governor James L. Alcorn; March 10, 1871

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People

Alcorn, J. L. (James Lusk), 1816-1894 Brady, Unknown Burlison, Unknown Fisher, E. S.Hewson, H. F.

Events

Appointment to office Crime Crime--Murder Mississippi. Legislation Trial

Organizations and Businesses

Courts Mississippi. Executive Department

Occupations

Judges Lawyers Secretaries

Places

DeSoto County (Miss.)Hernando (Miss.)Panola County (Miss.)

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[seal]

Hernando. March 10^th. 1871.

His Excellency
James L. Alcorn
Governor.

There are two cases in Panola county in which Captain Brady was retained in the defence, before his appointment as District Attorney, and consequently he cannot represent the state⁠—The most important case is the state against Burlison for murder⁠—and in consequence of the length of time, now depends, at least as to the main fact, upon a single witness⁠—I know of no law authorising compensation to a special District attorney, except out of the salary of the District Attorney (Art 72. p 114 of Code) and hence the difficulty in getting any attorney of experience to act in such a case; and without such an attorney, the trial will only prove a farce as it always does when there is great disparity in the legal skill of opposing counsel The Court is limited in its power to give instructions or to ~~seech~~ ^suggest^ points of law to counsel⁠—

It would then be advisable to such some

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amendment in legislation to meet such cases⁠—

Very truly
Your friend & obt servt.

E. S. Fisher

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PRECIS.
[gap]

No! [gap]

Executive Office,
State of Mississippi,
County of De Soto

From E. S. Fisher, Judge.
Address Hernando
Dated Mar. 10. "71.
Received —
Answered —

Says Capt. Brady having, previous to his appoint-ment as Dist Att'y, been retained in 2 murder cases in Panola, consequently cannot represent the State. Knows of no provision for payment of special Atty except from salary of the Dist Att'y. Hence a difficulty in obtaining able counsel suggests that some legislation be had on the subject

JAMES L. ALCORN,
Governor.

H. F. HEWSON,
Private Secretary.