Letter from W. H. Fitz-Gerald to P. B. Starke; June 10, 1870

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Letter from W. H. Fitz-Gerald to P. B. Starke; June 10, 1870

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People

Alcorn, J. L. (James Lusk), 1816-1894 Bailey, J. B.Fitz-gerald, W. H.Hall, J. G., Jr.Masters, R. J.Starke, Peter Burwell White, Henry

Events

Crime Crime--Rape and Sexual Assault Criminal Procedure Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Sentencing Criminal Procedure--Trial Political Office--Appointment to office Sex Social gatherings

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Criminal Juries Mississippi--State Penitentiary (Jackson)

Businesses

Law Offices Law Offices--Fitz-gerald & Hall, Attorneys at Law (Charleston, Miss.)

Occupations

Judges Lawyers

Places

Mississippi--Hinds County. Jackson Mississippi--Tallahatchie County. Charleston

Social Identifiers

African Americans African Americans--Enslaved People African Americans--Historically Free and Newly Freed Enslavers Imprisoned people

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W. H. FITZ-GERALD. [GAP] J. G. HALL, JR.

Office of FITZ-GERALD & HALL,
ATTORNEYS AT LAW,
Charleston, Miss., June 10^th. 1870

Genl. P. B. Starke
Jackson Miss.

Dear Sir

The letter of Mr R. J. Masters of the 6^th. inst. written to me by instruction of the committee appointed by the gov^r. to examine into the affairs of the penetentiary, of which you are chairman, requesting me to furnish information in regard to the case of Henry White (col) sentenced from this county for rape, May 28^th. 1867, has not been replied to earlier on account of my absence from home. I was Henry's atty. and, of course am familiar with the circumstances which lead to his conviction. I think the charge of rape was legally made out against him, but I don't think the circumstances, apart from a legal con-struction, warrant the infliction of the punishment to which he was sentenced. I don't mean that the judgment of the court or the finding of the jury, in a legal point of view, was incorrect, but it is one of that class of cases which you understand better than I can explain. He was legally guilty

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of the crime of rape, but there were extenuating [unclear] -cumstances which could not, under the rules [unclear] be considered by the jury or judge, which go far to relieve him of the moral turpitude involved in the charge. The person upon whom the rape was committed is a negro girl, formerly slave of Co^l. J. B. Bailey, of this place.

Facts were elected during the progress of the trial which, probably, satisfied all who heard them that Henry and the girl had, frequently, had voluntary carnal intercourse; that on the night of the commission of the crime, they went, (not together) a mile from town to a negro frolic; that the girl left the frolic, alone, before it concluded, prob-ably, expecting Henry to follow her; that very shortly afterwards Henry did follow her and very soon overtook her and importuned her over and over again to gratify his lust, but for some reason, which was not explained by the evidence, she steadily refused. Henry, then, by force, accomplished his purpose, or rather perpetrated the crime, in contemplation of law. There was no conflicting evidence, The general impression of those who heard, the trial was, that Hen-ry was guilty of a crime and ought to be

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W. H. FITZ-GERALD. [gap] J. G. HALL, JR.

Office of FITZ-GERALD & HALL,
ATTORNEYS AT LAW,
Charleston, Miss., [gap] 18

punished, but, taking all the circumstances into consideration, that the punishment affixed by the law was much greater than the crime mer-ited. If I had been one of the jury I would have agreed to the verdict. If I had been the ju-dge I would have given the instructions and pro-nounced the sentence, as he did. If I were the governor I would now pardon him upon the gro-und that the punishment he has received is com-mensurate with, or that by his long confinement he has expiated, the crime committed.

Co^l. Bailey is absent from home and I can not learn his views on the subject. He may not agree with me that Henry has been pun-ished enough, but I am sure that he regards the sentence as greater than the crime merits. Mr Hall, to whom Henry also refers, was not, in any way engaged in the trial of the case, but remembers the circumstances as I do and agrees with me in opinion.

Yours respectfully

W. H. FitzGerald

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Henry White
No 201

W H Fitz-gerald,

N^o 201