Letter from W. E. Jolley to Mississippi Governor James L. Alcorn; June 29, 1871

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Letter from W. E. Jolley to Mississippi Governor James L. Alcorn; June 29, 1871

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People

Alcorn, J. L. (James Lusk), 1816-1894 Baldwin, Hector Evans, James Heath, J.W.Henderson, William Jolley, W. E.Lee, Anderson Root, John L.Sanders, Harry Scott, H. P.Sloan, A. D.Thomas, Joseph

Events

Appointment to office Crime Crime--Burglary Crime--Destruction of property Crime--Jail Escapes Crime--Threat Criminal Procedure--Sentencing Mississippi. Legislation Mississippi. Legislation. Revised Code of the Statute Laws of the State of Mississippi (1857)Political elections

Organizations and Businesses

Courthouses Post offices Watercraft

Occupations

Constables Justices of the peace Sheriffs

Places

Issaquena County (Miss.)Jackson (Miss.)Port Gibson (Miss.)Skipwith Landing (Miss.)Vicksburg (Miss.)

Social Identifiers

Criminal Status--Fugitives from justice Criminal Status--Imprisoned people Criminal Status--Prisoners' families

Page 1

Skipwith. Miss.
June 29^th 1871

To
His Excellency James. L. Alcorn.
Governor State of Miss.
Jackson. Miss.

Sir:

I have the honor to acknowledge the receipt of your communication of June 9^th enclosing a copy of a letter written you by Mr H. P. Scott.

In regard to his letter I would respectfully submit the following:

As an answer to his denial in the first clause of his letter, I will simply refer your attention to the two copies of Mittimi, marked Exhibit A and B, endorsed upon each the refusal of the deputy Sheriff to receive the prisoners

Notwithstanding the denial of Mr Scott, it has hereto-fore always been the custom to give receipts for prisoners. In substantiation of this I respectfully call your attention to the enclosed copies of receipts marked Exhibit C. & D, which are now on file in this office.

Further: Mr J. W. Heath, did not in any case give as the reason

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for not receiving and receipting for the prisoners, as Mr Scott says in his letter, "that it was not customary nor necessary;" but in all cases his expressed reason was that he was acting under direct orders from the Sheriff, and in two instances he committed himself so in writing. Hence, Mr Scott's trans-parent attempt, to make the error seem to have been com-mitted, through the inexperience of a deputy, shows itself con-clusively to have been a pre-meditated misrepresentation. When the prisoners were returned to me, I gave them their liberty because I had not even irons to guard them with, neither was it my duty to do; but had I had the conveniences, I should, as I have done in subsequent cases, kept them under survail-lance.

In regard to the two prisoners who escaped I would call your attention to the following facts: 1^st That the prisoners were not put under irons, 2^d That from the time the first prisoner was received at the Court House, until the time

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when they both escaped, there were two boats bound for Vicksburg, that stopped at Gibson, 3^d That while the prisoners were under the charge of the Sheriff, at least one of them was ^not only^ permitted to roam about, at liberty, during the day; but was also sent upon errands entirely unguarded, and I myself saw one of the prisoners unguarded, at some distance from the Court House, and upon accosting him, he told me that he had been sent to the P. O, for the mail by the Sheriff. 4^th That one of the prisoners had been a convict and had served out his time, and had on this occasion been committed for burglary. That on taking this prisoner to the Sheriff I told J. W. Heath, Dep Sheriff, the above fact, and advised him that unless well watched the prisoner would use his best endeavors to ~~escp~~ escape. 5^th,, That when the prisoners escaped there was no effort made for their recapture. That a few days after the

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escape of the prisoners, a letter was received by the wife of one of them, and she being unable to read the letter, she brought it to J. W. Heath, Dep Sheriff, for him to read for her. In this letter the es-caped prisoner advised his wife where and when she could meet him and by what boat she could come to him at Vicksburg. That no cognizance was taken of the information thus obtained and that by reason of this negligence the prisoner is now at large ready to commit further depredations upon the people of this State, and this entirely by the inaction of the proper of-ficers. In face of the above facts I respectfully call your attention to Page 127 Article 135 of the Revised Code of 1857.

In regard to the circulation of a petition addressed to your Excellency, by me, I would say That such a statement is entirely the creation of Mr Scott's own fer-tile imagination. I have never

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circulated a petition myself nor have I ever known of one to have been circulated in my interest by others, since the appointment of Mr Scott at your hands. Anything to the contrary of the above I pronounce entirely and maliciously false.

That I am or ever have been a candi-date for appointment as Sher-iff, at your hands, is also un-true; but that I am a can-didate for Sheriff at the hands of the people of this county in the coming fall election I do not deny.

While I fully appreciate the difficulties, under which the af-fairs and duties of the Sheriff's office, are administered in this county, and am willing and anx-ious to do all in my power to alleviate them; still I have a right to insist that the orders of my court shall be treated with respect so long as the Statutes have made full and wise pro-visions for all contingencies arising from the want of

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a [page torn].

In conclusion I would respectfully add that I do not see that Mr Scott has disproved any part of my first commu-nication to your Excellency, but on the contrary he has admitted my statements, and in the first instance has endeavored to throw the blame upon the incompe-tency of his deputies, and in the next has endeavored to call attention from the true points of the case by ascribing to me false motives and drawing inferences from assertions which are entirely untrue in each and every particular.

All of which I am ready and willing to establish beyond any possibility of a doubt.

Allow me, Sir, to subscribe myself Your Verry Ob'd^t Sv^t,,

W E Jolley

Page 7

Ehibit A.

Copy

Mittimus.

State of
Issaquena

State of Miss.
Issaquena Co.

To the sheriff and Jailor of said county—Greeting:

Whereas Anderson Lee has this day been examined before the undersigned a Justice of the Peace in and for said county charged with the crime of abusive & threatening language, having been found guilty of the same, he was sentenced to pay a fine of twenty five dollars and costs and serve three months in the county jail. These are therefore to ^require and^ command you the sheriff and Jailor to receive into your custody the body of said Anderson Lee & him safely keep until he shall have paid said fine & costs & have served out said sentence of 90 days or shall be thence discharged by the course of law.

Given under my hand & seal this 16 day of June AD. 1871

(signed) W. E. Jolley J. P. [seal]

I J W Heath Dep Sheriff ^refuse^ through the orders of the Sheriff H. P. Scott to receive and receipt for said prisoner

signed J. W. Heath. D. S. [seal]

I certify the above to be a true & correct copy of the original now on file in my office—

W E Jolley J. P. [seal]

Page 8

Mittimus.

(Copy)
Exhibit B.

State of Miss
Issaquena Co.

To the Sheriff & Jailor of said county—Greeting:

Whereas Joseph Thomas has this day been examined before me the undersigned a Jus-tice of the Peace in and for said county—charged with the crime of shooting one hog and having plead guilty of the same and sentenced to pay a fine of ten dollars and costs, and having failed to pay the same these are there-fore to require and command you the Sheriff and Jailor to receive into your custody the body of the said Joseph Thomas and him safely keep until he shall have paid such fine and costs or shall be thence discharged by due course of law.

Given under my hand and seal this 16^th day of June A. D. 1871

(signed) W. E. Jolley. J. P. [seal]

I J W Heath Deputy Sheriff refuse through the orders of ^the sheriff^ H. P. Scott to receive and re-ceipt for the prisoner—

(signed) J W Heath D. S. [seal]

I certify this to be a true & correct copy of the original Mittimus now on file in my office—

W E Jolley J. P. [seal]

Page 9

Exhibit C
Copy

Sheriff Office
Issaquena Co. Miss
April 25^th 1871.

Rec^d,, of John. L. Root constable the body of Hector Baldwin with mittimus in the case—

(signed) H. P. Scott Shrff
By A. D. Sloan. D. S.

Exhibit D. [gap] Copy—

Tallula (Miss.)|Tallula]] Jan: 10^th 1871

Received from William Henderson the body of Harry Sanders committed of Breaking the Peace, by W. E. Jolley Justice of the Peace—

(signed) H. P. Scott Sheriff.
By Jas Evans D. S.

I certify the above receipts to be a true & correct copy^ies^ of the original receipts now on file in my office

W E Jolley J. P. [seal]