Affidavit and appeal from Lucinda Cantrill and Mary Jane Smyth to Mississippi Governor Charles Clark; March 13, 1865

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Affidavit and appeal from Lucinda Cantrill and Mary Jane Smyth to Mississippi Governor Charles Clark; March 13, 1865

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People

Black, Davie Brown, Stephen A.Cantrill, Lucinda Clark, Charles, 1811-1877 Lewis, Unknown Smith, Mary Jane Spikes, Lucinda Spikes, Tyra Williams, James

Events

Crime Crime--Burglary Crime--Larceny Crime--Rape and Sexual Assault Criminal Procedure Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Release Criminal Procedure--Trial Criminal Procedure--Writ of Habeas Corpus Military Events--Military leaves and furloughs

Military Units

Confederate States of America. Army Confederate States of America. Army. Mississippi. Infantry Regiment, 33rd (Hurst's)

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Probate courts Jails Prisons

Occupations

Judges Judges. Justices of the Peace Law Enforcement Law Enforcement--Sheriffs Lawyers Lawyers. Public Prosecutors

Places

Mississippi--Greene County Mississippi--Lowndes County. Columbus

Social Identifiers

African Americans African Americans--Enslaved People Impoverished People Imprisoned People's Families Imprisoned people Marital Status--Widows Military Families

Vital Statistics

Marriage

Page 1

The State of Mississippi
Lowndes County

Personally came before me, a Justice of the Peace, in and for said County, Lucinda ~~Spikes~~Cantrill and Mary J. Smith, who being duly sworn depose and say, that, they are now, and have been for several ~~days~~weeks incarcerated in the County Jail of Lowndes, charged as they are informed, of Burglary and Larceny,—that, they are not guilty of the charges,—that, they learn, that, sometime in the month of February, the house of a Mr Lewis of Green County, State of Missi. was broken open and a bolt of "Domestic" taken therefrom—that, a search was made in their fathers house for the goods,—that, some scraps of domestic, which had been in the possession of the family for many months was found, and that Mr. Lewis the prosecutor swore, that, those scraps were a part of his cloth which was lost. Upon this testmony, the affiants, with their Brother a youth of 19 years of age, were ordered to Jail to await trial. That, their Brother is a soldier in the 33. Regt Missi Vol's—and was at home on furlough at the time of the alleged Burglary & Larceny. That, one of the affiants Mrs Smith, is a widow, 24 years of age, and has two children of young and tender years at home. That, her husband was a true and loyal citizen of the Confederate States, and offered up his life months ago in the service of his Country—The other Mrs Cantrell, is only 16 yrs of age—that, she has been married about one year, that, her husband, since the opening of the war, has been true to the cause of his Country, and has illustrated his devotion upon many fields of blood,—and that now, while his young wife is incarcerated within the walls of a loathsome prison=house, he is ~~now~~ standing by his colors, a shield, to the person and property, of her accuser.

That, one of the affiants, is a material witness against a negro. (the property of her prosecotor) now in the Jail of Lowndes County charged with Rape, and that she has reason to believe and does

Page 2

[page torn], the prosecution of [page torn]
incited by prejudice and malice, with a [view?] to destroy the weight of her testimony against his negroe. She can see no other motive for a prosicution so hard and groundly.

Sworn to and subscribed before me, thus March 13. 1865.

Stephen A. Brown
Judge of Probate

Mary Jane Smyth
Lucinda ^herX_mark Cantrill

Columbus Missi, March 13. 1865
To His Excellency, Gov. Clark,

The undersigned would respectfully appeal to Your Excellency, to order their release from Jail, (or to grant them a pardon, although they avow their innocence of the charge) for the reasons stated in the above affadavit—and for the further reasons, that, Counsel who have kindly advised them without charge, that, the paper upon which they are retained in Jail, is not a "Committment or [?] in any legal since of those instruments—a copy which we have affix, for the inspection of Your Excellency.

(Copy)

The State of Missi Green County

let a Justice Court, begun and held, in and for the aforesaid County, on the 9th day of February A.D. 1865- the following order was made,

Ordered, that, Tyra Spikes, Lucinda Spikes or otherwise Lucinda Cantrill, Mary J. Smith and James Williams who has this day been convicted of the Crime of Burglary, be remanded to the Jail of the Lowndes County, for safe Keeping the Jail of the aforesaid County being unsafe. And I, Davie, Black, Justice before whom the above parties were convicted do certify the above to be a true copy from the minutes of the Court. Given under my hand seal, this January 9th A.D. 1865.

Davie Black J. P. [Seal]

We are informed in Counsel that [page torn]

Page 3

[page torn] documents—in its phraseology and forms, to say nothing of the gross discrepancy, between the date of the holding of the Court, and the time it was "Given under the hand seal" of the Justice, and that, in truth and in fact the Sheriff of Lowndes County, had no authority to confine us, upon such a paper—and that upon the writ of "Habeas Corpus" we could be released. To take advantage of this we are two poor to employ counsel, as it would be attended with much trouble and expense.

We then, have no other recourse, but an appeal (to Your Excellency, Hoping, that, Your Excellency will relieve us, from our distressing situation, we will even pray, etc.—

Mary J. Smith
Lucinda ^herX_mark Cantrill