Letter from Texas Governor Francis Richard Lubbock to Mississippi Governor John J. Pettus; September 22, 1862

Documents
Letter from Texas Governor Francis Richard Lubbock to Mississippi Governor John J. Pettus; September 22, 1862

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Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Boalware, O. T.Crawford, H. W.Fields, J. B.Gregg, G. G.Henderson, John Henderson, Luther A.Hughes, Pratt Lubbock, Francis Richard, 1815-1905 Sanders, Alexander Townes, R. F.Tyffe, James R.Wilson, D. L.

Events

Crime Crime--Larceny Criminal Procedure Criminal Procedure--Convicted

Organizations

Confederate States of America--Department of State Courts and Judicial Systems Jails Texas--State Penitentiary (Rusk)

Occupations

Banking and Finance--Treasurers Clerks Law Enforcement Law Enforcement--Prison wardens Law Enforcement--Sheriffs Legal Profession--Lawyers Legal Profession--Lawyers. Public prosecutors

Places

Mississippi--Lowndes County Texas Texas--Harrison County Texas--Harrison County. Marshall Texas--Travis County. Austin Texas--Walker County

Social Identifiers

Criminal Status--Fugitives from justice Refugees

Page 1

Exe^c^utive Department,

Austin Sept, 22 1862

To the Executive Authority of the State of

Mississippi,

Whereas it appears, by the annexed documents, which are hereby certified to by authentic, that J. B. Fields of the County of Harrison in the State of Texas stands charged with and convicted of the crime of Larceny committed on the 6^th day of October A D 1859 in the County and State aforesaid; and inforation having been received, that the said J. B. Fields has fled from justice, and taken refuge in the State of Mississippi, and that he has been arrested and lodged in the jail of Lowndes County:

Therefore, I F. R. Lubbock, Governor of the State of Texas, have thought proper in pursuance to the Provisions of the Constitution and Laws of the Confederate States, to demand, the surrender of the said J. B. Fields as a fugitive from justice, and that he be delivered to Col. H. W. Crawford, who is hereby appoint-ed the agent on the part of the State to receive the said J. B. Fields

Given under my hand and the Great Seal of the State af-fixed at Austin this 22^nd Day of September A D 1862 and in the year of the Independence of Texas the Twenty seventh

F. R. Lubbock

By the Governor
R. F. Townes
Sec of State

Page 2

The State of Texas

County of Harrison

In the District Court of Harrison County.

In the sixth Judicial District Court Spring Term In the year of our Lord one thou=sand Eight hundred and Sixty—In the name and by the authority of the State of Texas the fraud Jurors for the State of Texas and County of Harrison duly selected [?] Sworn and charged to enquire of and present all crimes and offences against the laws idictable within the body of the County of Harrison and State of Texas upon their oath present that J. B. Fields late of said County of Harrison on the Sixth day of October one thousand Eight Hundred and fifty nine in said County of Harrison. Five thousand four hundred Dollars in gold of various denominations and coint the money and property of the County of Harrison the same being Corpreal personal property then and there being in the possession and keeping of Alexander Sanders the County Treasurer of said County of Harrison and being in said County, felloniously, fraudulently and without the Consent of him the said Alexander Sanders and without the Consent of any person authorized to give such Consent. did take Steal and carry away. from and out of the possession of him the said Alexander Sanders who had the same for said County of Harrison and that the said J. B. Fields did take steal and carry away said money. aforesaid without the consent of the said Alexander Sanders and without the Consent of said County of Harrison with the intent to deprive the said Alexander Sanders of the Value of the same and with the intent to deprive the said County of

Page 3

Harrison of the value of the same and with the intent to approprate said money to the use and benefit of him the said J. B. Fields the person who took said money. Contrary to the form of the Statute in such cases made and provded and against the peace and dignity of the State.

And the grand Jurors aforesaid upon their oath aforesaid do farther present that the said J. B. Fields late of said County of Harrison on the sixth day of October in the year of our Lord one thousand Eight hundred and fifty nine. Five Thousand and four hudred dollars in Gold and silver, the Coins of different Countries and the same being Corporeal personal property then and there being found in the possession of Alexander Sanders in said County of Harrison, He the said Alexander Sanders being the County Treasurer of said County of Harrison and then and there having and holding possession of said Six Thousand and four Hundred Dollars by virtue of his said office and for said County of Harrison fraudulently feloni-ously and without the Consent of the said Alexander Sanders and without the consent of the said County of Harrison did take steal and Carry away from and out of the possession of him the said Alexander Sanders who held the same as aforesaid with the intent to deprive the owner of the value of the same and with the intent to appropriate said money to the use and benefit of him the said J. B. Fields the person who to ask the same Contrary to the form of the Statute in such Cases made and provided & against the peace and dignity of the State

And the Grand Jurors aforesaid upon their

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their oath aforesaid do farther present that here=tofore on the sixth day of October one thousand Eight hundred and fifty nine and long before that time one Alexander Sanders late of said County of Harrison was the County Treasurer of said County of Harrison and that by virtue of his said office and as said County Treasurer. He had in his possession and Keeping in said County the sum of Five Thousand and four hundred Dollars in Money of various discription and denominations of coins in the same being Corporeal personal property of said County of Harrison and that afterwards to wit one J. B. Fields late of said County of Harrison on the said Sixth day of October one thousand Eight Hundred and fifty nine in said County of Harrison said sum of five thousand four hundred Dollars aforesaid being then and there found in the possession of the said Alexander Sanders as aforesaid He the said J. B. Fields then and there did unlawfully, feloniously and fraud-ulently take steal and carry away from and out of the possession of said Alexander Sanders the said Five Thousand four hundred Dollars aforesaid without the Consent of the same Alexander Sanders who had possession of said money and who kept the same for the County of Harrison and without the Consent of the said County of Harrison with the intent to deprice the owner of the value of the same and with the intent to deprive the owner of the value of the same and with the intent to appropriate said money to the use and benefit of him the said J. B. Fields the person who took said money. Contrary to the form of the Statute in such cases made and provided and against the peace and dignity of the State

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I certify that this Indictment was found on the testimony of Alexander Sanders O. T. Boalware Pratt Hughes & G. G, Gregg

W. C. Woods
Foreman of the Grand Jury

Endorsed on the back "A Trial Bill W. C. Woods Foremen of the Grand Jury" Returned by the Grand Jury in open Court and filed 22^d March 1860

Jno Henderson clerk

By James R. Tyffe Depty

The State of Texas Harrison County

I L. A. Henderson clerk of the District Court of Harrison County Do hereby Certify that the above and foregoing is a true Copy of the original Indictment and Endorsements therein on file in my office

Given under my hand and seal of said District Court at Marshall this the 11^th day of September 1862

L. A. Henderson
Clerk

[seal]

1513

State of Texas
Co-Indictment
J. Fields

Page 6

The State of Texas County of Harrison

Be it remembered that in the District Court of said County on the 13^th day of October 1860 the following orders and Judgement was rendered in this cause To wit

The State of Texas

1513

J B Fields

This day came the State by the District Attorney and the Defendant being brought to the bar of the Court as well as the Jury heretofore [?] and sworn in this cause and upon a full investigation of the same and being charged by the court Jury retired from the Bar to consider of their Verdict and after some time returned the following Verdict Towit "for the Jury find the Defendant Guilty and assess his punishment at Ten Years impris^on^ment in the State penitentiary 13^th October 1860

D L Wilson Foreman

Whereupon it ordered ^that^ the said Dependant be remanded to the Jail of this County to await the further order of this court

And afterwards on the 24^th day of Oct^r 1860 the following Judgement was rendered in said cause Towit

The state of texas

1513

J B Fields

This day came the state by the District attorney and the Defendant Fields being brought to the bar of the Court his Council being present & the motion for a new trial herein coming on to be heard and after a full hearing

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of the same and being advised therein doth order that said motion be overruled.

Whereupon the Verdict of the Jury rendered at a former day of this term being ned to him he was asked by the Court whether he had any thing farther to say why the Judgement of the law should not be pronounced against him on said Verdict and in all things executed and having said nothing farther than has been already said

It is therefore ordered adjudged and decreed by the Court that the Defendant J. B. Fields be Confined to hard labor in the Penitentiary of the State of Texas for the term of Ten Years,

And it is ordered by the Court that the shff of this County with all Convenient dispatch Convey said defendent J. B. Fields to the Town of Huntsville in the County of Walker and then deliver him over to the Superintendent of the Penitentiary is ordered and required to carry out this Instance by Conferring said Defen-dant in said Penitentiary to hard labor for the said Term of Ten Years. And it is ordered that the clerk of this Court. Certify this Judgement to the Superintendent of said Penitentiary accor-ding to law. It is farther Considered by the court that the State of Texas recover of the said Defendant all Costs herein expended.

To which ruling of the Court in overruling the motion for a new trial the Defendant excepts and gives notice of an appeal to the Supreme Court of this State

Whereupon the Defendant was remanded to Jail until the Decision of the Supreme Court

Page 8

on his appeal

The State of Texas County of Harrison

I S. A. Henderson clerk of the Disrict Court of Harrison County Do hereby Certify that the above and foregoing is a true Copy of the original Judgement and Decree on Regard in my office in the case of The State of Texas v^s J. B. Fields No 1513.

Given under my hand and seal of said District Court at Marshall this the 10^th day of September 1862

Luther A. Henderson clerk

Page 9

1513

The State of Texas Copy Judgement J. B. Fields

Issued Nov 5^th 1862