Letter from O'Leary to Mississippi Lieutenant Governor A. K. Davis; July 19, 1875

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Letter from O'Leary to Mississippi Lieutenant Governor A. K. Davis; July 19, 1875

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People

Chrisman, Unknown Davis, A. K. (Alexander Kelso), -1884 Hancock, Unknown Laird, William McCarkin, Unknown McCaskill, Unknown O'Leary, Mayer Peyton, Unknown Stone, Unknown Taylor, Bentonville Williams, Hiram Wood, Unknown

Events

Crime Crime--Assassination Crime--Threat Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Bounty Criminal Procedure--Dismissal and nonsuit Criminal Procedure--Pardon Criminal Procedure--Trial Criminal Procedure--Writ of Habeas Corpus Evacuations

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Occupations

Farmers Judges Judges. Justices of the Peace Law Enforcement Law Enforcement--Sheriffs Lawyers

Places

Mississippi--Covington County Mississippi--Covington County. Williamsburg Mississippi--Jefferson Davis County. Mount Carmel Mississippi--Lincoln County. Brookhaven Mississippi--Rankin County. Brandon

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Page 1

Brandon Miss
July 19^th 1875.

Lt. Gov Davis.

Dr Sir:

Assuming that you are a fair-minded man & not willing to do any citizen injustice, We take the liberty of addressing you this letter in regard to the case of W^m Laird, for whose arrest you recently issued a proclamation offering a reward of 500$.

About a year & half ago, Hiram Will-iams, was most cowardly assassinated ^at night^ at his own house, in Mt Carmel, Cov-ington County. He had enemies. W^m Laird having had, but a few days before, a difficulty with him, the Williams family concluded he was the assassin & took a crowd to his home and arrested him that night. Great ex-citement existed in the community. A trial was set for a given day & a large number of witnesses, for and against, approved. The testimony a-gainst Laird was wholly circumstantial; but for him there was 45 whose char-acter for truth was unquestioned ^who^ swore directly, emphatically & positively that

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Laird, the accused, was at home when Williams was killed & by no possibility could have committed the act. The case was prosecuted with all the ability & malignity of Bentonville Taylor, of whom perhaps you may have heard and Laird was defended by Capt M^cCarkin of this place. Tho' the excite-ment ran high, and the Laird family, in point of wealth, numbers & influence were far inferior to the Williams family, the court after a laborious & patient investigation of several days, discharged him.

Laird remained at home laboring on his farm for several ~~weeks~~ ^months^, when Taylor had one of the Williams family to make another affidavit, before another Justice, who was both ignorant & stupid as an officer, in which he stated that since Laird's dis-charge he had discovered additional evidence. Under this another warrant was issued for his arrest, but not to brought [instantu?] before the Justice for trial, but fixing the hearing several days ahead ^(to wit 24 days)^ knowing, (as it did turn out,) that the Sheriff would put him

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in Jail for safe-keeping, until that day. Before the day came, Taylor had the time ^& place & court^ changed for the hear-ing at a still further time & at Williamsburg, incnvenient for witnesses, & before Chancellor Stone who had never been in the county & whom Taylor thought would take counsel of his own fears and punish every man who was accused of blood-letting.

Laird was thus being punished, his wife & family were greatly grieved, his farm neglected and Taylor & the Williams family happy at the situation. His counsel sued out a writ of Habeas Corpus from Judge Peyton, Chief Justice, who ordered the hearing at this place be-fore Judge Hancock in July 1874. This was a damper upon Taylor & the Wil-liams family, for they saw that their game was blocked. We became engaged for Laird with Capt M^cCaskill. The Williams family employed Mr Chrisman of Brookhaven and M^r Wood of the sea coast, a criminal lawyer of high repute, to assist Taylor in the prosecution & they all appeared & spoke in the case. When it came up, they tried to dismiss the writ, assailing

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the correctness of Chief Justice Peyton's action in granting it, but the Judge promptly overruled it. They then said there were some witnesses about. We agreed to let them write down what they would prove by them & we would admit it. They did so and we went into the hearing. After all the testimony was heard and splendid speeches made by all the counsel for the state, the Court dis-charged Laird. The new testimony they relied on, was that an old jerkin was found not far from Williams house which belonged to Laird & they produced it in court. For Laird it was proved that the jerkin he had was of a different stripe & had years before been worn out & thrown away. No body, but the Williams family counsel, doubted the correctness of Judge Hancock's decision. And here let it be stated that from the high character Judge Hancock sustains as a man of courage, and the horror he has for assassinations, he is the last man in the world that would discharge an assassin if there was the least chance to punish him

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Laird went home attending to his business & having nothing to do with any of the Williams family; but their enmity could find no rest. Laird heard of threats from them. His family & friends, knowing he was a man of courage and that if the Williams continued their course something serious would grow out of it, advised him to leave the country, which he did, taking his wife & baby with him. He went openly, not as a sneaking assassin.

After he left, Bentonville Taylor told the writer that if Laird would stay away he would ~~see that Laird was not brought back and that~~ ^use his influence with the Williams' not to^ bring Laird back & that the Williams were afraid of him &c.

At the past term of the Circuit Court of Covington county, only the witnesses for the state were heard & it was no hard matter to get up a bill upon their experte testimony.

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One of Laird's witnesses is quite old and infirm & liable to die at any moment from heart-disease, a fact well known to the Williams'.

While we do not censure the family of the murdered man to spend their money to accuse the murderer, yet we do insist that it would be an outrage on justice & the rights of Laird, to pay 500$ for his arrest, break him & his family up in defending him and he be, as he will be, acquitted by an impartial Jury.

We will add that we do not speak to you as feed counsel, for we went into the case ^~~from personal consideration more than for money~~ ^more from personal than pecuniary considerations &^ without any ^fixed^ fee & left it to the family to pay us what & when they could & up to this date we have received nothing & probably never will.

Could you learn the views of Judge Hancock (to whom we refer you) we believe your sense of justice would constrain you not only to recall your proclamation, but also to grant him a pardon.

Very Resply
Yr obt svts,

Mayer OLeary