Letters between R. S. Davidson and C. N. McGill to G. G. Horton and John Stockstill; March 12, 1874

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Letters between R. S. Davidson and C. N. McGill to G. G. Horton and John Stockstill; March 12, 1874

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Ames, Adelbert, 1835-1933 Barrett, Frederick Bell, Unknown Davidson, Jim M.Davidson, R. S.Duke, Henry Horton, G. G.McGill, C. N.Stockwell, Thomas

Events

Crime Crime--Larceny Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Trial Legislation. Mississippi Legislation. Mississippi. Revised Code of the Statute Laws of the State of Mississippi (1871)Political elections

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Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Mississippi--Executive Department Mississippi--Legislature

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Judges Law Enforcement Law Enforcement--Sheriffs Lawyers Secretaries

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Mississippi--Pontotoc County. Pontotoc

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African Americans

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Page 1

Pontotoc Missi: Mch 12^th 1874

Hon G. G. Horton &
Tho^s Stockwell

Gentlemen.

Enclosed find a bill for [furnelief?]. The facts are these, we signed the bond of J. M. Davidson, Colored, who was charged with Larceny, at the Jany Term/74 Circuit Court Pontotoc County. J. M. D. —was there first day of Court, and was told by the Officers that he could go home and return on Monday of Second week.

J. M. D—Expected to return at time app but was sick in bed, he recovered so as to be in Court by Saturday, but the forfeiture had been taken at an earlier day of the Term, and under the present law, you know the Judg^t is final, and your Hon body is the only redress we have,—

J. M. D.—never tried to avoid the Court, and immediately after Court went up and gave a new bond for his appearance at next term of the Court.

Now, we have done no wrong [unclear] J. M. Davidson and [unclear] R. S. Davidson and C. N. McGill of Pontotoc County be and they are hereby received and released from all liability in law & Equity on account of said Judgment, taken on the [fim?] aforesaid

Page 2

the State has not suffered one dime, and we are not able to pay the Judgh of Something over $315.⁰⁰—The Courts here can give us no relief, if it could be done we would not trouble you.

But we are Confident the State of Missi does not want two of her subjects to pay $315^"" where there has been no actual or intentional wrong

Please attend to this matter, and try and have the relief granted us, if the enclosed bill is not worded correctly please change it.

With Kindest regards
We are your obt Serv^ts

C. N. M^cGill
R. S. Davidson.

Release of Forfeiture

Page 3

Pontotoc March 11" 1874

Thos Stockstill Esq

Dear Sir

Your Letter was received to-day. The Election is over. Bell is Elected Sheriff he received the Entire Negro vote; he recieved about one third of the vote of the County; My Friend R S Davidson & C N M^cGill requested me to write to you They went Jim Davidson Security for his appearance at Court, he attended Court on the first day of Court and the Sheriff Stated to him he could return home as State business would not be taken ^up^ until the next Monday—and when he returned the case had been called up and a forfeiture taken on the bond for $300 Dollars against him; and his Sureties on the bond; under a late act of the Legislature The Judgment is final; unless the legilature will relieve them; Jim Davidson The defendant was arrested again and is still

Page 4

under bond his Securities was not appointed that the bond had been forfeited until after the Court had adjourned; Jim Davidson the defendant is a negroe; and it is a hard Ships on his Securites to have to pay the forfeiture of the bond; $300. Dollars as Jim Davidson had no intention to Evade the law and is still held in Custody I would be glad if you would have a Bill passed by the Legis-lature for their relief I will give you the Style of the case

the State of Mississippi
VS bond Forfeiture 21^s Jany 1874
Jim Davidson amt $300
No 1250

R S Davidson
C N McGill

Securities

I think they should be relieved
Your Respt

Henry Duke

N B I only wish to have the Securities relieved

Page 5

An Act for the relief of J. M. Davidson. R. S. Davidson and N. C. McGill

Whereas.—J. M. Davidson of the County of Pontotoc was charged with Larceny, And R.S. Davison & C. N. McGill were the Securities for his appearance at the Circuit Court of Pontotoc County; Said cause being Called at the Jany Term 1874 of said Court And the Defendant having gone home under Erroneous instructions made default and a forfeiture was therefore taken on his bond, and a Judgment entered against him and the Securites on his bond for the term of Three Hundred Dollars. And

Whereas. It appears that it was not the intention of Said parties to avoid said Court, or trial of Said Cause, and it also appearing that the Said J. M. Davidson Voluntarily surrendered himself and now is under bond for Said cause. therefore

Section 1. Be it enacted by the Legislature of the State of Mississippi That Said J. M. Davidson and his sureties R. S. Davidson and C. N. M^cGill of Pontotoc County be and they are hereby relieved and released from all liability in law & Equity on account of said Judgment, taken on the [fim?] aforesaid

Page 6

Section 2^nd Be it further Enacted. That this Act shall take Effect and be in force from and after its passage.

Approved. 1874

Page 7

J. M. Davidson
Sec 108 of Code of 1871 Sec 10 Art 5 of Const.

An Act for the relief of J. M. Davidson, Etal.

J M Davidson
Forfeiture
Remitted Apr 4 74

Page 8

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Pontotoc County.

From J. M. Davidson.
Address [gap]
Dated [gap]
Received [gap]
Answered [gap]

SUBJECT:

Forfeiture of Bond.
Remitted April 4" 1874

ADELBERT AMES,
Governor.

Fred. Barrett,
Private Secretary.