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L.S. 44. D of M 1866
HEADQUARTERS District of Mississippi Vicksburg Miss., Sept 25th, 1866,
To His Excellency, B. G. Humphreys, Governor of Miss. Jackson, Miss.
Governor:
I have the honor to acknowledge the receipt yesterday of your communica-tion of the 21st, transmitting a copy of a letter from W. R. Barksdale, Esq. Dist. Attorney, to yourself.
I have read Mr. Barksdales letters with great care, and fully appreciate the points he makes in regard to the difficulty of using the affidavit of Woodruff in processing the issuance of a warrent for the arrest of the parties therein implicated. The truth is, I thought, when the affidavit was made, it should be taken before a magistrate of this state, but yielded my opinion in deference to Mr. Adam's statement, who said an affidavit taken before
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him as a Commissioner of the U.S. District court would answer every purpose that could be affected by an affidavit taken before a state Magistrate. Mr. Adam is a prac=ticing lawyer of this bar; and when [?] gives an opinion, lawyers must yield.
What then is the remedy for this mistake? Clearly it is to send to Kentucky for Woodruff, bring him hither, and have his affidavit taken before a Magistrate of this state. But I have considerable doubt whether the ends of justice would be [Illegible], by bringing the criminals to justice punishment, by bringing Woodruff hither. I will give your Excellency my reasons for this doubt, with a mind to eliciting your opinion, and, if possible, settling upon a course of action which will result in the punishment of such atrocious mur-derers as Wilson and Bill Forrest. I will consider the case of Forrest first. According to Woodruff's affidavit [new page] all the evidence he could give against Forrest would be simply heresay, which of course would go for just nothing in a criminal prosecution. I have very little doubt that Forrest murdered the two traders] in Grenada last spring, yet I doubt whether any-thing could be done toward the legal establishment of the facts by Wood-ruff's testimony.
In regard to Wilson's case I will remark first, that Mr. Barksdale is of the opinion the two left the state, but does not express an opinion as to where has gone, so that a requisi-tion could be made by your Excellency for him. First this investigation might throw light on this point, and fur-nish sufficient data for you to act on. But I fear this is not the least difficulty in convicting Wilson of the assassination of Lieut. Blanding.
That he is the author of that odious crime I have not a particle of doubt. But the question is, can he be convicted? Let it be suppposed that he has been arrested, indicted
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by the Grand jury, and on trial before the petit jury. The probability is that the evidence of Woodruff would have mainly to be relied on by the prosecution for a conviction. Suppose he should Illegible swear most positively to the commission of the crime by Wilson; would not his evidence be confronted on the part of the [?] by his contradicting statements, made under oath, before the Grand jury which has already investigated this matter. I am not a lawyer, but I [apprehend?] the effect of showing such a contradiction in the evidence of Woodruff on the two occasions would be to put him before the petit jury as a witness discredited by his own sworn statements.
I am not sufficiently acquainted with the rules of evidence in criminal prosecutions before civil tribunals to give a positive opinion whether this position is correct. I therefore entrust it for the consideration of your Excellency, with the request
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that you will carefully examine it, and if you deem it advisable, take the opinion of your legal adviser, the Attorney General.
If you arrive at the conclusion that Woodruff's testimony could be made available toward a conviction of Wilson, please inform me at once, and [deletion] I will send to Kentucky for him immediately, and inform you of his arrival here.
I am exceedingly anxious to bring the assassins of Lieut Blanding to justice - a solicitude in which I am sure your Excellency shares fully, and think no stone should be left unturned which would with any sort of probability tend toward that end.
I will be glad to hear from you further on this subject.
I am your Excellency's very obdt. servant,
Th. J. Wood [B?] Maj Genl U.S.A. Comdg.
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Sept. 1866
F
Headquarters District of Miss. Sept. 25th 1866
Wood - T. J. Maj. Genl. Comdg.
Letter of -
Acknowledging receipt of communication of Dist. Ator. Barsdale in regard to affidavit of Woodruff as to assassination of Lt. Blanding, PC