Report from P. B. Starke, Thos. W. Stinger, and T. J. Mitchell to Mississippi Governor James L. Alcorn; 1870

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Report from P. B. Starke, Thos. W. Stinger, and T. J. Mitchell to Mississippi Governor James L. Alcorn; 1870

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People

Alcorn, J. L. (James Lusk), 1816-1894 Ames, Adelbert, 1835-1933 Baider, John Baker, Elisha Beeacham, Anderson Bennett, Henry Benson, Jasper Bibb, Allison Bobbitt, Charles Boone, B. B.Breckenridge, R. H.Brown, Robert Butts, John Byers, C. C.Calhoun, S. S.Carter, Jim Chalmers, James R. (James Ronald), 1831-1898 Clark, Unknown Clayton, Douglass Coleman, James T.Coleman, Minor Cooper, Elisha Coyle, John Crockett, Lewis Davis, A. K. (Alexander Kelso), -1884 Davis, Eliza Dwyer, John Evans, Fracis W.Fitzgerald, Unknown Ford, Martin Franklin, Isaac Fulton, D. M.Gladwing, D. M.Hall, Henry Hall, P. L. G.Hanlon, Michael Harris, Archie Harris, Henry Hicks, Wash Howard, N.Humphreys, Benjamin G. (Benjamin Grubb), 1865-1923 JOhnson, Thomas H.Jack Scott Johnson, S.Jones, Ben Jones, Robert Knight, Fountain Kriager, Frederick Lacey, Parker Lee, James Lewis, George Lightfoot, Loroy McComb, John McGan, Owen McWicken, M. B.Mitchell, T. J.Morris, Granville Morris, J. S. (Joshua S.)Murphey, Joseph Pearson, J. M.Pennywright, John Phillips, Z. A.Reed, Thomas Richardson, Unknown Riley, Alexander Ripley, Bigler T.Roane, Unknown Roas, Charles Scroggins, Wyatt Smith, James Smith, Press Starke, P. B.Stewart, Alex Stone, W. B.Stringer, Thomas W.Stringer, Unknown Tabor, Eliza Talbert, H.Thomas, James Thomas, John H.Thompson, William Thurkeed, George Unger, A. W.Van Eaton, Unknown Wallace, Jane Walter, Unknown Walton, Isham Washington, Bailey White, Henry Wilson, Charles Wilson, James

Events

Convict Labor Convict Labor. Mississippi Convict Labor. Mississippi. Leasing Program Crime Crime--Affray Crime--Arson Crime--Assault and battery Crime--Burglary Crime--Embezzlement Crime--Intent to Kill Crime--Jail Escapes Crime--Larceny Crime--Manslaughter Crime--Murder Crime--Perjury Crime--Poison Crime--Rape and Sexual Assault Crime--Robbery Crime--Theft Criminal Procedure Criminal Procedure--Acquittals Criminal Procedure--Arrest Criminal Procedure--Charges and specifications (Courts-martial)Criminal Procedure--Clemency Criminal Procedure--Commutation of Sentence Criminal Procedure--Convicted Criminal Procedure--Execution Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Trial Intoxicated Legislation. United States. Congress Legislation. United States. Congress. Third Reconstruction Act (1867)Military Events--Military desertion Military Events--Military discharge

Military Units

Under Review United States. Army United States. Army. Infantry Regiment, 11th United States. Army. Infantry Regiment, 16th (1869-1957)United States. Army. Infantry Regiment, 24th United States. Army. Infantry Regiment, 34th

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Courts-martial and courts of inquiry Courts and Judicial Systems--Criminal Juries Hospitals Military Headquarters Mississippi--Executive Department Mississippi--Military Districts. 4th District (Vicksburg)Mississippi--Office of the Attorney General Mississippi--State Penitentiary (Jackson)Plantations Plantations--Mississippi Plantations--Mississippi. Greenfield Plantations--Mississippi. Valewood Plantation Plantations--Unidentified Plantations--Unidentified. Peru Plantations Prisons

Occupations

Clerks Laundresses Law Enforcement Law Enforcement--Prison Guard Legal Profession--Judges Legal Profession--Lawyers Legal Profession--Lawyers. Public prosecutors Legislators Medical Profession Medical Profession--Surgeons Paymaster

Places

Mississippi--Adams County Mississippi--Coahoma County Mississippi--Hinds County. Jackson Mississippi--Holmes County Mississippi--Issaquena County Mississippi--Pike County Mississippi--Warren County. Vicksburg Mississippi--Washington County Washington (D.C.)

Social Identifiers

African Americans Criminal Status--Fugitives from justice Criminal Status--Imprisoned people Criminal Status--Imprisoned people's families Impoverished people Jews Mental illness Military Status--Prisoners of war Nationality--German

Vital Statistics

Death Disease and illness Wounds and injuries

Page 1

[note] Report: May 12-June 23, 1870 [/note]

To His Excellency
J. L. Alcorn:
Governor:

The Committee appointed by your excellency to Examine into the condition of the Penet-ontiary, and its inmates, beg leave to report, that they have made a very Close inspection. and have minutely exam-ined each inmate; and permitted each one to make his statement, and when there was the least ground for suspect-ing improper conviction, have caused different parties indicated by the pris-oners to be written to. so that the com-mittee might arrive at the truth—And in some instances they have reason to believe that some of the prisoners have been improperly convicted. due rather to false swearing by witnesses, than any dispostion to convict from prejudicies on the part of the Courts, or Jurors. And believing that their commissions Em-powered them, have in some instances recomended some to the clemency of your Excellency for Pardon. And others for commutation of sentence to a shorter period of time

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[note] 2 [/note]

There are at this time within the walls of the Penetentiary Eighty prisoners Twenty one Colord. Fifty nine whites—thirteen of whom are Military prisoners, the majority of the Colord being on plantations worked by Mr Richardson. Lessee.

We firndst visited the plantations of M^r Richardson situated in Washington and Issaquena Counties where we found one hundred and fourteen prisoners on the three places (35) on Valewood (35) on Peru and (44) on Greenfield. And of the (114) prisoners only one was in a very bad con-dition of health. The result of an old wound received prior to his conviction—And upon our Sugestion he was promptly returned to the prison walls, for better Medical attention. the remainder were healthy and well cared for receiving an ample suply of substantial food and clothing and presented every appearance of being well cared for only one expressing a proference to return to the prison walls.

We believe that the interest of the Convicts require that they should not be too much crowded and as there is not room. Within the prison walls we therefore recomend that they be allowed to remain on the plan-tations for the remainder of the year because if returned to the prison walls there would be insufficient accomodations for their health.

Page 3

and furthermore, the interest of the Lessee, for Maintaining a healthful condition would cease as there would then be no profit accruing and Consequently no motive to have them treated—properly—

Within the prison walls we find but three in the hospital, one colerd and two whites one of whom is a Military prisoner, wo are suffering from chronic Cough the other from dropsy.

Under the superentendence of M^r Phillips the prison is cleanly kept and every provision furnished for the comfort of the sick, both in the way of Medical attention, food and Physic. And from careful enquiry believe no improper punishment is resorted to for the maintainance of descipline. the prisoners speak kindly of the officers. And from what we could ascertain believe they are treated as kindly as is con-sistent with descipline and safty escape.

We find that the present Lessee took charge of the prison and convicts on the 1^st of December 1868. And since that time Thirty have died. One Killed white attempting to escape. Eighty one have escaped Nine-teen of them recaptured. Forty one Pardoned by Gov. Ames. Nineteen Pardoned by Your Excellency (6) of whom were commended by this Committee. We find that of the (30) deaths only (6) six have died Since the 1^stof June 1869,,

Page 4

[note] 4 [/note]

We deem it proper, in Justice to Mr R—to State that Just prior to his taking Charge of the Convicts that they were at work. under other parties upon the Levees. And were in a very destitute condition having been exposed to the weather and poorly clad infact nearly naked and without proper food having scarcely half enough to out at any time. this no doubt was the cause of so many deaths from Dec 1^st 1868 to June 1^st 1869,,

The committee respectfully recommend the following Convicts to your Excellency for Pardon. Our action being based upon testimony derived from the accompanying documents (Numbered to Corespond with Prison numbers of Convicts) together with the statement of the convicts. And information obtained from personal inter-views with parties Coguezant of the facts Connected with the different Cases,,

N^o 2 Jim Carter convicted of Larceny and sentenced April 2^d 1870 for One year,, It is the opinion of Tho^s Reed "Att'y.. for Prisoner. that there was not sufficient Proofs to Convict

"See Letter N^o 2"

N^o 7 R. H. Breckenridge Convicted of "Mansl-aughter" and sentenced Feby 15" 1869,,

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[note]5[/note]

for five years,, Would recomend him on Account of previous good character and the great provocation he had for Committing the deed

"See documents N^o 7"

N^o 18 Michael Hanlon. Convicted of "Manslaughter" and Sentenced Feby 17" 1868 for fifteen years. dificulty orignated in drunken quarrel, both parties soldiers

"See Letter N^o 18"

No 26 Charles Roas convicted of Grand Larceny. And Sentenced Aug 20" 1867. for five years,, He is a German can hardly speak the English Language. And the Committee believe him inocent of the Crime as charged

"See ~~Letter~~Statement N^o 26"

N^o 27 Wyatt Scroggins, convicted of Burglary and Sentenced Sept 1^st 1866 for seven years,, The committee would have recomended Commutation in this Case to two years but he has already been in Prison for 4 years. We therefore recomend him for Pardon

N^o 37. C C Byers convicted of Larceny and Sentenced Sept 24" 1869 for one year,, as there are doubts in the minds of the Committee and that doubt strengthened by the letter of B. B. Boone Esqr,, We recomend his pardon "See letter N^o 37"

[note] X [/note]

Page 6

[note] 6 [/note]

Isaac Franklin Convicted of "assault with intent to Kill" and Sentenced Oct 28" 1869,, for one year. As Franklin was severely wounded in the deficulty and his aponent not hurt the Committee thinks his punishment already recieved adequate to the offince there-fore recomend his Pardon

"See Genl Chalmers Letter N^o 44"

N^o 83 Robert Brown Convicted of "Murder" and Sentenced April 5" 1867 for Life. "See Letters N^o 83. from D M Fulton S. S. Calhoon & M B M^cWicken all of whom believe him not guilty as charged and recomend his pardon,, "See letters N^o 83"

N^o 89 Alexander Riley convicted of "Larceny " and Sentenced Sept 3^d 1866. four years,, In view of good behavior and his term having nearly expired we recomend "Pardon"

N^o 98 Isham Walton Convicted of "assault with intent to Kill" and Sentenced May 10" 1868,, for three years,, We think the punishment already recieved Adequate to the offence committed and recomend Pardon

"See Lett N^o 98"

No 102 Eliza Tabor, Convicted of "Poisening" and Sentenced May 12" 1866 for ten years,,

Page 7

[note] 7 [/note]

[Unclear] 41 The commitee recomend her for Pardon as she is 'Idiotic' and has children and we believe her inocent of the Crime.

N^o 106 Henry Harris
,, 110 Joseph Murphey
,, 111 Robert Jones
,, 112 Granville Morris

These men were Convicted of "Murder & Arson" and Sentenced Jany 23^d 1867. first to be hung, but were respited for 18 days & Afterwards commuted by Governor B. G. Humphreys to imprisonment for life on account of the confessions of one Alex Stewart (who was hung for the same crime) made on the gallows which exon-erated the above named men of any complicity in the crime. The committee believe them inocent and recomend their Pardon.

N^o 120 John H Thomas, Convicted of "Larceny" and Sentenced March 2^d 1867 for five years,, Upon the recomendation of Dr John Butts (the Prosicutor in the Case) the committee deem him a fit subject for executive clemency.

"See letter N^o 120"

N^o 121 Jane Wallace, Convicted of "Larceny" and Sentenced July 7" 1866 for five years,,

Page 8

[note] 8 [/note]

She took a small amount of Money from A W Unger. "an israelite" in Vicksburg Who owed her a wash bill. She has three child-ren some where in Vicksburg, as she has been four years in prison the Committee bel-ieve she has fully expriated her crime,,

N^o 125 Charles Wilson, Convicted of "Larceny" and Sentenced Sept 6th 1866, for five years,, The Committee believe that Wilson was un-justly convicted from the Statement of Mr Roane "of Pike" who heard the trial.

"See letters N^o 125"

N^o 128 Fountain Knight Convicted of "Grand Larceny" and Sentenced Aug 30" 187067 for four years,, As all the particulars of the Case (As far as we Can gather) Seem to be in his favor we recomend him for Pardon.

"See Letter N^o 128"

No 135 James Wilson, Convicted for "robbery" and Sentencd Jany 24" 1868. for three years, Atty Genl Morris Knows the facts in the case and States that Wilson was wrongf-ully convicted.

No 152 Francis W Evans, Convicted of Grand—Larceny and Sentenced Oct 27" 1866. for five years—the Committee

Page 9

[note] 9 [/note]

think there are Mitigating Circumstances Sufficient to Warrant his recomda-tion for Pardon,,

"See Letter N^o 152"

N^o 157 Henry Bennett Convicted of "Grand Larceny" and Sentenced Oct 27." 1866 for five years,, The Committee are of the opinion that "Bennett" was led to commit the crime by a designing White man. their opinion suported by the letters of H Talbert N Howard and Senator S. Johnson. "See letters N^o 157"

N^o 162 John M^cComb Convicted of "Grand Larceny" and Sentenced Oct 19." 1866. for five years,, From his statement and that of Col Walter his Atty, Who says he has no doubt but that M^cComb is inocent of the Charge and his Conviction was secured by allowing the really Guilty party turn states evidence taking this View of the Case the Committee recomend him for Pardon,,

No 166 Eliza Davis, Convictd of "Burglary" And Sentenced Oct 17" 1866 for five years,, She having served nearly four years And believing she has fully expiated her Crime And being recomended by Hon A. K. Davis Representative. The Committee recomend her Pardon,,

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[note] 10 [/note]

Henry White. Convicted of "Rape" and Sentenced May 28" 1867 for Life,, The Committee think he has fully expiated his Crime. As there an extenuating Circumstances in the Case taken from his statement and sustained by that of M^r Fitzgerald, his Atty,, which Justifies the Committee in recomending his Pardon.

"See Letter N^o 201"

N^o 238 Parker Lacey, Convicted of "Robbery" and Sentenced Nov—28" 1868 for three years,, We believe from his Statement and that of James T Coleman Atty. that "Lacey" was Convicted on insufficient evidence there-being from the statements no intention to Commit Crime

"See Letter N^o 238"

N^o 295 Thos. H. Johnson. Convicted of "Manslaughter" And Sentenced Oct 28" 1868, for ~~four~~five years,, The Committee believe from his own Statem-ent and that of others Coqiizant of the Circumstances. that his punishment has sufficiently severe they therefore recom-end him for Pardon

"See Petitions in Governors office"

N^o 317. Elisha Baker, Convicted of "assault ^& battery^ with intent to Kill" And Sentenced May 21" 1868 for "3" years,,

Page 11

[note] 11 [/note]

The opinion of the Committee, based upon the Statement of M^r Van Eaton, Atty. (and his own) is that "Baker" has sufficiently expiated his offence, if any was Committee, of which the Committee have grave doubts. they therefore recomend him for Pardon,,

"See Letter N^o 317"

N^o 331. Ben Jones,, Convicted of "Larceny" and Sentenced May 23^d 1868, for five years,, We believe (and are coincided with by Judge Clark )and' others) that Jones, was inocent of any intention to Commit Crime. We therefore recomend him for Pardon,,

"See Letter 331"

N^o ~~367.~~₂₆₇ Archie Harris, Convicted of "Larceny" and Sentenced Jany 31^st 1868., for three years Recomended for Pardon in Special report of May 12^t 1870 "but still in Prison."

"See Special report May 12th"

N^o 380 Minor Coleman, Convicted of ~~"Manslaughter"~~^Murder^ And Sentenced Feby 15" 1868, for four years,, The Committee think from his Statement and that of Mr Owen M^cGan, Atty, that the killing was purely accidental therefore recomend Pardon

"See Letter N^o 380"

Page 12

[note] 12 [/note]

[unclear]9, Loroy Lightfoot.
,, 391 George Thurlk~~ill~~eed

Convicted of "Burglary" and Sentenced Oct 14" 1868, for five years. each. The Committee believe. that in view of the destitute condition of their families and the Kind feelings entertained towards them by their neighbors (the prosicuter included) and their having already served a Consider-able length of time that they have sufficie-ntly expiated their Crime, and therefore rec-omend their Pardon

"See Letters & Petitions N^o 389 & 391"

N^o 401, Allison Bibb, Convicted of "Grand Larceny" and Sentenced Oct 28" 1868, for five years,, There being grave doubts in the minds of the Committee as to "Bibbs" real guilt. based prinicpally upon the Statement of J. M.Pearson "Atty" for the prisoner. they recomend him for Pardon

"See Letter N^o 401"

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[note] 13 [/note]

[unclear]," The following named Convicts we recomend to your Excellency for Commutation of Sentence,,

N^o 53 John Penny^w^right, Convicted of ^Grand^"Larceny" And Sentenced Feby 5" 1870. for "three "years,, On account of his previous good character for honesty sobriety and industry. The Committee recomend that his Sentence be Commuted to "one" year from date of Sentence.

"See Letter N^o 53"

N^o 146 Anderson Beecham. Convicted of "Arson" and Sentenced Sept 14" 1869. for "Eight" years. There being some extenuating Circumstances in this Case we would recomend that his—Sentence be Commuted to "four" years from date of Sentence.

"See Letter N^o 146"

N^o 271 Lewis Crockett, Convicted of "Larceny" And Sentenced April 25" 1868 for five years,, There being some doubts as to his intended guilt. We recomend that his Sentence be Commuted to "three" years from date of Sentence

"See Letter 271"

N^o 322, Press Smith, Convicted of ^Burglary^"Larceny" and Sentenced May 21^st 1868. for "Ten" years,,

Page 14

[note] 14 [/note]

The Committee recomend that his Sentence be Commuted to "five" years, from date of sentence

"See Letter N^o 322"

There are still Forty five (45) Convicts on two Plantations of the Lessee. Situated in Coahoma and Holmes Counties. that as yet we have not been Able to visit.

In Conclusion the Committee beg leave to state that in every case the Convicts were examined seperate and apart from all guards, or others that Could have any influence over them. And were assured by the Committee that the truth was the only thing that would be of Any service to them and their Statements have induced us to investigate these Cases, both by letter and personal inter-views with parties refe^r^rd to. and when their Statements have been Concurd in by that of others have induced us to recomend them to yur Excellency for Executive Clemency.

All of which is respectfully submitted

P. B. Starke Chairman
Jackson Miss Tho^s. W. Stinger
June 23^rd 1870 T. J. Mitchell

For the ends of immediate Justice the Committee have made three Special reports as they progressed which are appended to this general report ,

Your Excellency will find that there are yet two plantations where there (45) Convicts that the Committee have not been able to visit in Consequence of one of the Committee (Senator Stringer) not being able to leave his Seat, for the time that would be requir to perform that duty with the same close Scrutiny bestowed on the others—

Page 15

Jackson Miss
May 12^th 1870

To His Excellency
J. L. Alcorn
Govenor Miss

Sir

The—Committee appointed by your Excellency to examine into the Condition of the Convicts of the State; have instructed me to report Vis; in the case of Archie Harris Co^lrd (Convicted of Grand larceny in Adams County Jany 31^st 1868 and Sentenced for 3 years) that on account of his age (72) the feeble state of his health and the doubts existing in the Minds of the Committee as to his real guilt; his term of imprisonment having nearly Ex-pired, they would earnestly recomend him to Your Excellency as a fit Subject for Executive Cemency

Respectfuly

P. B. Starke
Chairman
T. J. Mitchell
Thos. W. Stringer
Committee

Page 16

Jackson, Miss
May 20^th 1870

To His Excellency
J L Alcorn
Governor

Sir

The Committee to whom was referred the affairs of the Penetentiary. beg leave to Make the following Special report in advance of a regular one

On going through the different—prisons of the Convicts we find the following Cases that commend themselves for immediate action Viz;—

N^o (93) George Lewis. now on Mr Richardsons Peru Plantation be brought immediately Within the prison Walls. Where he can have prompt Surgical attendance as he is Suffering from a Severe gunshot Wound received prior to his imprisonment (also)

N^o(65) Jasper Benson. having but one arm and delicate Constitution the the Committee believe the prison walls the proper place for him.

And the following Convicts whose time Expire earlyer than we can make a general report. the Committee deem it important that they be pardoned at once that they

Page 17

may be restored to all their rights and privileges as Citizens. they being highly Commended for good Conduct by those having them in Charge. And We earnestly recomend them to your excellency before there time expires for Clemency

Valewood Plantation

N^o(320) Douglass Clayton. Convicted of larceny Time expires May 21^st 1870

N^o(108) James Lee Convicted of larceny Time Expires May 30th 1870

N^o(119) (Wash Hicks. Convicted of larceny Time Expires June 1^st 1870

Greenfield Plantation

N^o(35) Bailey Washington Convicted of larceny time expires May 23^d 1870

N^o(252) Elijah Cooper Convicted of Manslaughter time expires June 3^rd 1870

Peru Plantation

N^o ~~335~~325⁽³²⁵⁾ Jack Scott Convicted of break-ing Jail time expires May 21^st 1870

Respectfully—
Submitted

P. B. Starke Chairman
Thos. W. Stinger

Pardoned

Page 18

Jackson Miss
June 9" 1870

To His Excellency
J. L. Alcorn
Governor

The Committee Appointed by your Excellency to examine into the Affairs of the penetentiary, beg leave to Make the following "Special", report,

We find the following Named prisoners Confined for Desertion from the 34" Regiment U. S. Infantry. Since Consoli--dated with the 11^th and now called the 16^th Regiment

[note] 34. [/note]	William Thompson	Co. I.	Sentenced	Dec 10" for 4 years
[note] 38. [/note]	James Smith	,, G,	,,	" 16^tl 1868 ,, 3 ,,
	Martin Ford [checkmark]	,, G .	,, [note] discharged [/note]	Sept 9" 1869 ,, 1. ,,
	John Dwyer	,, G .	,, [note] Pardoned by Scmy [/note]	Aug 19" 1868 ,, 3 ,,
[note] 149 [/note]	John Baider [checkmark]	,, D,,	,,	Mch 21^tl 1869 ,, 3 ,,
	D M Gladwing [checkmark]	,, I ,,	,, [note] Pardoned [/note]	Sept 2." 1868 ,, 2 ,,
	Chas Bobbitt [checkmark]	,, I ,,	,, [note] Pardoned [/note]	Sept 2^d 1868 ,, 2 ,,
	Fred^rk Kriager [checkmark]	,, K ,,	,, [note] Pardoned [/note]	Sept 2^d 1868 ,, 2 ,,
[note] 90 [/note]	Bigler FT Ripley	,, I ,,	,,	April 10" 1869 ,, 3 ,,
[note] 223. [/note]	Henry Hall	,, E ,,	,,	Oct 8" 1868 ,, 3 ,,

H, B, In the last named Case Henry Hall. the prison Books Show Conviction of Desertion and Horse Stealing but in refering to proceedings of Genl Court—Martial N^o 33. Head qtrs 4^th Military dist Deptment of Mississippi Vicksburg Miss Sept 29" 1868, we find, he was Acquitted of

Page 19

the Crime of Horse Stealing,,

Also the following named prisoners from other Regiments

James Lee 'alias' "W B Stone,	[note] Pardoned [/note]	Co. A. 3^d Regiment U. S. Infantry.	Sentenced	Aug 10^th 1868 for two years.
John Coyle	[note] discharged [/note]	Co. E. 24^th Regiment U. S Infantry	Sentenced	Sept 18" 1868 and term expires July 25" 1870.

James Thomas. (who claims to be a Citizen) was tried by Genl Court Martial and Convicted of embezzling U. S. funds, Feby 7^th 1870 and Sentenced for 5 years. he claims that he is illegally held as he never belonged to the Army and was only employed as a clerk by Maj P. L. G. Hall Paymaster U. S. A.4th Military Dist under reconstruction laws. and paid out of reconstruction funds and his duties pertained Exclusively to reconstruction business therefore not Subject to Military laws.

The Object the Committee have in view in tendering this report is that Your Excellency May have time to devise some means (by con--ferring with the Authorities at Washington or otherwise) by which those men can reach their homes when released the state priso-ners an allowed twenty dollars when discharged to enable them to get Citizens Clothing &c

Page 20

but there is no provisions for Military pris-oners.

Respectfully

P. B. Starke
Chairman