Petition from Citizens of Sardis, Mississippi to Mississippi Governor Adelbert Ames; April 15, 1875

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Petition from Citizens of Sardis, Mississippi to Mississippi Governor Adelbert Ames; April 15, 1875

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People

Ames, Adelbert, 1835-1933 Brady, M. C.Brady, Markle Childress, Unknown Fisher, E. S.Garrett, David Maxwell Howze, W. D.Jones, Alfred Moseley, John T.Osborn, I. N.Prentiss, Henry Rhodes, Travis Street, Henry Tate, Reuban

Events

Crime Crime--Murder Crime--Robbery Crime--Threat Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Commutation of Sentence Criminal Procedure--Convicted Criminal Procedure--Execution Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Sentencing Criminal Procedure--Trial Criminal Procedure--Writ of Error

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Criminal Juries Mississippi--Executive Department Mississippi--Judicial Districts Mississippi--Judicial Districts. 12th District Mississippi--State Penitentiary (Jackson)Political Parties Political Parties--Republican Party (U.S. :1854-)United States--Congress United States--Congress. Senate

Businesses

Sledge, McKay & Company (Memphis, Tenn.)

Occupations

Clerks Judges Law Enforcement Law Enforcement--Police Law Enforcement--Sheriffs Lawyers Lawyers. Public Prosecutors Politicians Secretaries

Places

Bodies of Water--Interstate. Mississippi River Mississippi--DeSoto County. Hernando Mississippi--Hinds County. Jackson Mississippi--Marshall County. Byhalia Mississippi--Panola County. Sardis Tennessee--Shelby County. Memphis

Social Identifiers

African Americans Fugitives from Justice Imprisoned people People with Disabilities

Vital Statistics

Death Wounds and injuries

Page 1

[seal]

Sardis Miss
April 15^th 1875

To His Excellency,
Adelbert Ames,
Governor of Miss,

Sir,

A letter ad-dressed to you on April 6^th 1875 by one John T Moseley in regard to the Commutation of Sentence of Reuben Tate, who was at last term of Sentenced to be hung in Desoto County for the Murder of David Maxwell Garrett on the 8^th day of October 1874 has been by you referred to us for our opinion thereon,

We Submit the following Statement, On October 7^th 1874 Garrett took two bales of cotton from Desoto County to Memphis. On the evening of October 8^th 1874, after the delivery of the cotton, he was found dead from the effects of an incised wound across the throat, The receipt for the cotton from Sledge, M^cKay & Co of Memphis, & A Nickel Coin ^and lead pencil^ were found lying near his person, The blood upon

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the ground indicated conclusively that the incision was made within a few yards of the place where the body was found. The pockets of the clothing contained nothing. He had when he started to Memphis with the cotton a pocket book which was not upon careful examination found upon or about the body, All Surroundings went to indicate a Murder for a robbery. The body was found upon the road leading towards the home of deceased. And blood in quantity upon the body and wheel of the wagon in which the deceased was shortly before Seen riding in company with a colored man whom the testimony conclusive-ly showed to be the accused. Mr Childress met the said wagon containing two persons. And the meeting being just at the top of a hill he stopped his wagon until the Garrett wagon passed, And noticed the occupants, (Mr Childress was hauling corn) noticed their faces but did not recognize either as an acquaintance, On returning over the Same road and when within about one half mile of the place of Meeting the garrett wagon he saw the same man upon another wagon returning towards Memphis or in an opposite direction

to that which when he last saw it the Garrett wagon was pursuing. Passing onward he discovered the body of the white man lying in the road about one half mile from the place of Meeting and towards the home of deceased. Childress immediately recognized the body to be that of the Man whom he saw in com-pany with the one whom he just a Mile or so back saw ~~get~~ riding in an opposite direction upon the wagon of a colored Man by the name of Henry Street, Street Swore positively that the accused was the man who was riding in ~~the~~ his wagon when Mr Childress passed Streets wagon, Henry Prentiss Swore positively that the prisoner was the man who got upon his wagon on the evening of the Killing of Garrett, And upon whose shirt he saw blood, and who told the Said Prentiss that he had cut a white mans throat from ear to ear back on the road, When said relation was made Prentiss was driving on the same road, on which Garret was murdered, Prentiss then ordered him to quit his wagon, which he did and ran off through the woods Although no person

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was pursuing, We next hear of him at the house of Alfred Jones near Star Landing on the Mississippi river, He remained there a few days and when asked by Jones to do some work replied that he could not remain longer because he had "done some dirt" in the upper part of the county (which was in the direction of the place of murder) and that he al-ways had to be dodging about, Whilst in that part of the county he passed by a totally different name from his own. We next find him on the opposite extreme of the county ^From^ where when the Officers inform-ed him that they arrested him as a murderer he fled in to Marshall County, And when found hid in a thicket made a desperate resistance, rushing upon drawn and cocked pistols, exclaim-ing that it was death any way and that he would rather be shot than be hung, He is peculiarly marked in countenance, And has a peculiar walk, The two colored witnesses were positive as to identity, Mr Childress was posi-tive that the man seen in streets wagon was the same as by him just before seen riding in Garrett's wagon and behind Garret, Jones was positive that prisoner was man that passed by a name different from that of Reuben Tate

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The preceeding four pages contain the Substance of the evidence for the State, The defendant endeavored to prove an Alibi which was contro-verted by the State. And not credited by the Jury.

A motion for a new trial was made and argued at lenght; the grounds thereof being that the evidence was not sufficient for conviction. The court, being fully satisfied that the evidence fully Justified the verdict, overruled the Motion and Sentenced the prisoner to be hung on the 30^th of April 1875, We farther submit to your consider-ation a letter which indicates incul-pating evidence that was not shown upon the trial, The letter is written by a Man whom we endorse as unquestionably re-liable, And now, our consciences being en-tirely clear as to this solemn Matter, thinking we have done our duty, we leave the un-fortunate man to the Mercy of his God. And in the hands of Your Excellency. We in regard to our delay in answer-ing offer the apolgy that the Judge

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is now disabled from writing. And that he and the district Attorney have not of late been together sufficiently to Sooner agree upon a Statement of the facts of the Case.

We are Most Respectfully
Your Obedient Servants

E. S. Fisher
Judge

Markle Brady
District Attorney
12^th Judicial District
of Mississippi

Page 6

Panola Co
From Judge Fisher
Address Sardis
April 15"/75.

Statement as to Tates case—The Judge over-ruled a motion for a new trial, believing the man Tate to be guilty and should be hung—

Day of Execution 30" inst.

Adelbert Ames
Governor

I. N. Osborn
Private Sect'y.

No action

A. A.

[note] 4/15/75 [/note]

Page 7

Hernando. Mississippi.
April 6—1875—

His Excellency Adelbert Ames—

Dear Sir:

I write you in behalf of Reuben Tate, who was convicted and sen-tenced to be hung, at our last court for the murder of D. M. Garrot. The defendant had no money and the court assigned him two young lawyers, neither of whom were ever engaged in a trial for murder before, and al-though they did their best he was convicted and the sentence passed. The testimony is entirely circumstantial, and from what I heard of it was well calculated to leave a doubt in the mind as to the identity of said party. He was identified by two witnesses that testified they never saw him before the murder was committed and at that time saw him but a few moments, and did not see him again for some months. After he had been arrested, knowing the uncertainty of man's recollection

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of faces that he may casually see, and I know there is such a chance for witnesses to be mistaken as to identity, that I should have great doubts, and giving the prisoner the benefit of these doubts, I would think that your Excellency would be justified in at least commuting the ~~sentence~~ punish-ment of the defendant to impris-onment in the penitentiary for life, which would leave the matter open, and should it hereafter appear that he had not com-mitted the offense he could be pardoned. I assure your Excellency that I write you this letter purely in the interest of humanity. I was in no way connected with the case, nor has the defendant any money or property to interest any one in his case, so you see how the matter stands in regard to itself and its relation to me. There is much feeling in the county to punish the murderer of Garrot, and did I believe the de-fendant to was guilty. I would

say hang him by all means, for it was a very bad case. One reason I have been so particular about the testimony is that there was no bill of exceptions pled, so there can be no appeal ofor writ of error taken that will reach the merits of the case.

Political affairs here are very quiet. I think De Soto will be found all right. I hope she may send representatives that will prove in every way advantageous to the Republican Party. It seems to be highly necessary to secure the services of some efficient man, in the U. S. Senate, and I know of no one who will be so well able to help the state out of her political and financial em-barrassments as Your Excellency.

Very Respectfully

John. T. Moseley.

Page 9

De Soto Co.
From J. T. Mosley
Address Hernando
Date April 6"/75.

Petition for the pardon of Ruben Tate, sentenced to be hung for the murder of D. M. Garrett

Adelbert Ames
Governor.

I. N. Osborn
Private Sect'y.

Page 10

Hernando Miss.
April 14, 1875

His Excellency
A. Ames. Gov^r &c
Jackson Miss.

Dear Sir:

I met with our Dist. Atty. Mr. M. C Brady, this morning on my way to Memphis, and the subject of the sentence of Reuben Tate, lately convicted of the murder of David Garrett in our county, coming up, he showed me a communication, purporting to petition your Excellency to commute said Tate's sentence &c; and when I stated some facts coming to my knowledge since the trial, in regard to said Tate's character & guilt, he requested me to inform Your Excellency of them. They are these: I was on Monday, 12^th Inst. at Wall Hill, where said Tate was arrested, while fleeing from justice, and was informed by entirely reliable parties, that some two

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hours before the Sheriff and his possee cap-tured him, he stated in conversation to some colored men, that he had killed a man up towards Memphis and ^was^ then fleeing or avoiding the Law, and that if any at-tempt should be made to arrest him, he would resist to the death—That he would not be taken alive, knowing that he was sure to hang. I discovered that Tate had been a sort of transient in that neighborhood, and that he had ^been^ whenever there, a terror to the community, both white and black, and that all felt greatly relieved to know he was condemned. Two Colored men especially, whom he, Tate, had threatened to kill.

Very respectfully,
Y. O. S.

W. D. Howze.
Deputy Clerk Circuit Court
De Soto Co. Miss.

Page 12

De Soto Co
From W D Howe
Address Hernando
Date April 14"/75

Says that he understood that Ttate had said a few hours be-fore he was arrested, that he had killed a man—and would not be arrested, for he would have to hang

Adelbert Ames
Governor.

I. N. Osborn
Private Sect'y.

Page 13

Reuben Tate.

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI,
Panola—County.

From Citizens.
Address Sardis, Miss.
Dated April 6, 1875
Received _" 10. _"
Answered [gap]

SUBJECT:

Petition for pardon of—sentenced to be hung on the 30^th April, 1875, for the murder of D. M. Garrett.

(2 inclosures.)

ADELBERT AMES,
Governor.

~~I. N. OSBORN,~~ ^TRAVIS RHODES,^
Private Secretary.