Petition from J. H. Pierce to Mississippi Lieutenant Governor A. K. Davis; November 16, 1874

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Petition from J. H. Pierce to Mississippi Lieutenant Governor A. K. Davis; November 16, 1874

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People

Ames, Adelbert, 1835-1933 Bryant, Henry Davis, A. K. (Alexander Kelso), -1884 Dunn, R. T.Gillwaters, John Mitchell, George W.Packer, A. G.Pierce, J. H.Rives, Unknown Shanks, Unknown Wells, G. Wiley

Events

Crime Crime--Affray Crime--Assassination Crime--Assault and battery Crime--Jail Escapes Crime--Lynching Crime--Murder Crime--Shooting Crime--Witness intimidation Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Indictments Criminal Procedure--Pardon Criminal Procedure--Sentencing Criminal Procedure--Trial Intoxicated Political elections Political elections--Mississippi

Military Units

United States. Army

Organizations

Clubs and Secret Societies Clubs and Secret Societies--Ku Klux Klan (19th century)Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Mississippi--Executive Department New York--State Penitentiary (Albany, N. Y.)Political Parties Political Parties--Republican Party (U.S. : 1854- )United States--Attorney-General United States--Marshals Service

Businesses

Bars (Drinking establishments)Hotels

Occupations

Law Enforcement Law Enforcement--Sheriffs Lawyers Lawyers. Public Prosecutors Prison Guard Secretaries

Places

Mississippi--Alcorn County. Corinth Mississippi--Lafayette County. Oxford New York New York--Albany County. Albany

Social Identifiers

African Americans Fugitives from Justice

Vital Statistics

Death

Page 1

(Copy)

Office U. S. Attorney
Northern Dist. Miss
Nov 16 1874

To His Excellency
Adelbert Ames
Governor State of Miss.

Sir:

I have the honor to respectfully represent that George W Mitchell a citizen of Alcorn County is indicted in the Circuit Court of Alcorn County for the crime of Murder.

The facts in the case are as follows; About one year and a half ago cer-tain disguised parties known as Ku Klux, upon a Sunday night, took from a Hotel in Corinth kept by John Gillenwaters, a colored man by the name of Henry Bryant, whipt, beat and otherwise abused him in a shocking manner, A number of persons were arrested for the offense among them George Mitchell, Soon after the arrest I ascertained that John Gillenwaters the (then) Sheriff of Alcorn County was the instigator projector and controlling power who set in operation the band of Ku Klux against Henry Bryant, Gillenwaters ascertained that that evidence was being pro-cured which would not only lead to the conviction of the parties engaged in the

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outrage, but would lead to his conviction, attempted and did organize another conspiracy to take the life of Henry Bryant who was the principal witness in behalf of the United States, and without whose evidence the prosecution would certainly fail, and also a similar conspiracy to kill and murder Dr R. T. Dunn Deputy U. S. Marshal, for the reason that Dunn had been active in working up the case and procuring evidence necessary to convict John Gillenwaters, and who in fact had procured and had in his possession evidence which would convict Gillenwaters,

Afterwards, in August 1872, Gillenwaters procured by means of the aforesaid conspiracy the murder of Dr Dunn, Gillenwaters at the same time organized a similar conspiracy to kill and murder J H Pierce United States Marshal of the Northern District of Mississippi and myself at that time United States Attorney. The conspiracy against the life of Marshal Pierce Henry Bryant and myself only failed in its execution by reason of Pierce and myself being absent from home when the conspirators visited our places of

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residence to carry it into execution. And for the reason that Henry Bryant was kept in custody by the United States

George Mitchell was at this time jailor under Gillenwaters, After the murder of Dunn I investigated the same and became convinced that his murder was caused by reason of his first being a U. S. Officer, and second for the reason of his being a principal witness against Gillenwaters, In the first case however I was not in possession of sufficient evidence to warrant the arrest of Gillenwaters but had sufficient evidence to arrest if not to convict the party who did the killing.

This party was arrested but soon after made his escape; knowing this party to be upon the most intimate terms wth Mitchell I ordered Mitchells arrest and upon the attempt being made by the Marshal to arrest him he escaped and joined Rives the person who killed Dunn. The entire community of Corinth were seemingly afraid to assist the U. S. Officials in ferreting out and bringing these parties to

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justice and with a few honorable excepting no assistance was given the U.S. Officials either through fear of their lives or from dislike they bore Dr Dunn who had been and was at the time of his death an active Republican and who had incurred their dislike by reason of actively laboring for your nomination and election as Governor of this State

Rives joined by Mitchell continued to "lay out" in the woods of Alcorn County ocasionaly they would visit Corinth being always heavily armed Upon such visits they always visited Gillenwaters and thus received aid and comfort by being furnish with food and liquor; Gillenwaters always giving them sufficient liquor to intoxicate and infuriate them until the entire community were in a State of terror, During one of these visits while in a drinking saloon drunk, Mitchell having in his hand a double barrell shot gun by accident discharge the same. the contents being lodged in the body of a colored man named Shanks who was standing near,

The evidence shows that Shanks came into the saloon and called

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for a drink of beer; about this time the city Marshal cames in either to arrest him or for some other purpose when an altercation occured between Shanks and the city Marshal, wherefore the city Marshal struck Shanks with his billy.

Mitchell in a drunken manner raised his gun and without any apparent action on his part the gun was discharged. Soon After this occurance Mitchell was taken away from the Saloon by his freinds no attempt being made to arrest him and those in charge testify that Mitchell was so drunk that he was utterly unconscious of the act he had committed. Some time after Mitchell surrendered himself to the U. S. Marshal and made a complete and full confession of the entire matter giving me days dates and men from which with his ev-idence would enable me to bring John Gillenwaters and his band to the bar of justice. Mtichell was kept secreted by the Marshal until it was necessary to use him as a witness. As soon as Gillenwaters found that Mitchell

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had turned States evidence he immediately caused the indictment of Mitchell in the Circuit Court of Alcorn County, and caused a copias to be sent to the Sheriff of La Fayette Co where Mitchell was confined by the U.S. Marshal for the United States as a witness, and during the temporary absence of the Marshal and myself. The Sheriff of that county collected a number of young men known to have no sympathy with the U.S. government in the prosecution of the Klux and with them repaired to the house where Mitchell was kept in custody of a Deputy U S. Marshal. Mitchell seeing a body of armed men approaching his house at so early a time in the morning and having heard that Gillenwaters had threatened his life, became alarmed and at once attempted to escape from the house whereupon the posse at once fired upon him and pursued him, firing some five shots at him.

Mitchell made his escape and After lying out in the woods until the return of the Marshal

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Col Pierce; he at once ~~informed me~~ came to him for protection.

I at once visited Oxford and informed the Sheriff should he again attempt to interfere with Mitchell I would cause his arrest, It is a well known fact that Gillenwaters Attorneys caused the writ to be sent to Oxford. and also urged the Sheriff to immediate action, As I believe not so much for the arrest of Mitchell, as to alarm him and cause him to flee the country thereby destroying the evidence necessary to his (Gillenwaters) conviction.

At the last term of court one of the parties was convicted and sentenced to confinement at the Albany N. Y. Penitentiary for thirteen years. The service rendered by Mitchell to the people of this District is beyond estimation This crime never would have been punished had it not been for Mitchell. Mitchell before his connection with Gillenwaters bore a good name and was in fact a good young man.

Gillenwaters as Sheriff employed him and by his influence

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and liquor. debased him until he was in Gillenwaters hands a tool.

If any man deserves Executive Clemency at your hands George Mitchell is that man, and as the law officer of the United States for the Northern District of Miss. in the interest of justice and the conviction of this gang of desperadoes, I would most respectfully ask that George Mitchell receive a full pardon for the aforesaid offence

I desire to retain him as a witness in the cases yet untried the parties having fled from justice.

Very Respectfully

(signed) [gap] G Wiley Wells
U. S. District Attorney
Northern Dist of Miss.

Office U. S. Marshal.
Oxford. Miss June 14' 1875.

I respectfully state, that the statements set forth in the foregoing petition are correct; and I join with the Dist. Attorney in requesting the pardon of G. W. Mitchell,

J H Pierce
U S Marshal

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Oxford, June 15^th 1875

His Excellency
A K. Davis, Governor
Jackson, Miss.

Governor

I have the honor to transmit a copy of an application made by G. Wiley Wells, U S Dist. Attorney for this District, with my endorsement thereon for the paid on of George W. Mitchell, a United States witness who is in the Custody of this Court. The application fully Sets forth the facts in the case; to which I would add, that on account of his turning states evidence and assisting in the Conviction of the assassins of Deputy Marshal Dunn, and who attempted Col Wells' and my assassination, he is severely hated, and I have been informed that if he ever returned for trial he would be mobbed, I hope your Excellency will grant the pardon,

The original papers were handed by me

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OFFICE OF U. S. MARSHAL,
Northern District of Mississippi.
Oxford, [gap] 187[gap]

to Govr' Ames in his office several months ago, If the petition should be granted please send pardon to my address or care,

Very respectfully
Your obt svt

J. H. Pierce.
U. S. Marshal

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[unclear] MARSHAL,
Northern District of Mississippi.
Oxford, June 9th 1875.

His Excellency
A. K. Davis.
Governor, Jackson,

Governor:

We have the honor to request, that you will examin an application which was filed by us for the pardon of Geo. W. Mitchell, [gap] We desire that you would issue a pardon in this case, as it is one which appeals in justice to Executive Clemency, We will regard as an act of Justice to us as officers of the U. S. Court; And will appreciate it as an act of Special favor to us personally—

We have the honor to be
Your most obt svts

G. Wiley Wells
U. S. Dist atty

J. H. Pierce
U S Marshal.

Page 12

Petition for Pardon

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Lafayette County.

From G. Wiley Wells
Address Oxford
Dated June 9^th,, 1875
Received ^,, 10^th,, ^,,
Answered [gap]

SUBJECT:

In relation to Petition for Pardon filed in the office for George Mitchell of Al-corn County.

~~ADELBERT AMES,~~^A. K. Davis^
Lt Gov Actg Governor.

A. G. Packer.
Private Secretary.

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[unclear]MARSHAL,
Northern District of Mississippi.
Oxford, June 18 1875.

His Excellency A. K. Davis.
Governor
Jackson. Miss.

Governor,

I have the honor to inform you that the Indictment found against George W. Mitchell in Alcorn Co. was at the March Term 1874 of the Dist. Court,

Very truly

J. H. Pierce
U. S. Marshal

How is the Tax Bill ? "Sarty"

Page 14

George W. Mitchell,

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Lafayette County.

From J. H. Pierce
Address Oxford
Dated June 15 1875
Received ^,, 17 ^,,
Answered ^,, 17 ^,,

SUBJECT:

Petition for Pardon—Murder. George W. Mitchell of Alcorn County.

Pardon Granted June 19 1875

A. K. Davis.
Lt." Gov. Acting Gov'r.

A. G. Packer,
Private Secretary.

No 13