Pages 69-70

‘The record shows that Deputy-Marshal James H. Bone and Leroy M. Peevey shot and killed a citizen by the name of James Treece, and that both were regularly and legally indicted by our State courts for murder in the first degree. The record also shows that Judge Bruce issued a decree ordering them to be brought before him, which he had executed by his marshal, both of the indicted men being thus token from the State authorities, and when they entered the Federal court, the case having been previous!y entered on its docket, the Federal judge, namely.

HON. JOHN BRUCE,

entered a verdict of

NOT GUILTY.

The order by which the defendants were taken from the State courts was in these words:

The President of the United States of America to the marshal of the northern district of Alabama, greeting:

You are hereby rominanded to take the bodies of James H. Bone, Theodore A. Thurston, George M. Ware, Jonathan Latham, and Leroy M. Peevey into your custody, alleged to be detained by Robert E. Murphy, sheriff and jailer of Madison County, in the State of Alabama, by whatsoever name they may be charged with,the cause of their detention,and a certified record of the proceedings which caused such detention before the honorable judge of the United States circuit court at the city of Huntsville, in the northern district of Alabama, forthwith to be dealt with in said circuit court according to law and the order of said circuit court.

Witness the Hon. Morrison H. Waite, Chief-Justice of the Supreme Court of the United States, this the first Monday of April, A. D. 1876.

 A. W. McCULLOUGH,

Clerk U. S. Cir. Court, Nor. Dist., Ala.

Issued this the 31th day of May, A. D. 1876.

The indorsement of the United States marshal, showing how he executed the order, is in these words:

Executed by reading the within writ and delivering a copy to Robert E. Murphy, sheriff of Madison County, Alabama, and by taking the bodies of James H. Bone, Theodore A. Thurston, George M. Ware and Leroy M. Peevy,and Jonathan Latham into my custody.

R. P. BAKER, U. S. M.

May 20, 1876.

Executed May 26,1876, by Sotving a copy of notice and petition on the clerk of  Saint Clair County at Ashvllle.

R. P. BAKER, U. S. M.

The verdict entered on the records of the court is in these words:

Be it remembered that on the 1st day of November, 1876, it being a day of the regular term of the circuit court of the United States for the northern district of Alabama, the following proceedings were had and entered of record on the minutes of the said circuit court, to wit:

The State of Alabama vs. Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, George M. Ware.—Murder.

This cause being called for trial came the defendants, Leroy M. Peevy, Jonathan Latham, James H. Bone, George M. Ware, and Theodore A. Thurston. and defendants Thomas Moody and McClain come not, and it appearing to the court that the said Thomas Moody and McClain have not been arrested and do not appear, it is therefore ordered by the court that defendants Thomas Moody and McClain lie severed from the said Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, and George M. Ware, and that the trial of said cause as to said Leroy M. Peevy, Jonathan Latham, and James H. Bone, George M. Ware, and Theodore A. Thurston do now proceed: and thereupon comes a jury of good and lawful men, to wit, Joel T. Parish and eleven others, who were duly elected, empaneled, and sworn according to the statute, and truly to try said cause and true deliverance to make between the State of Alabama and Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, and George M. Ware, the defendants at the bar, and a true verdict to render according to the evidence; and thereupon the said Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, and George M. Ware, being duly charged and arraigned on the indictment in this case, each in his own proper person plead “not guilty;”  and thereupon the trial of said cause proceeding, and the jury being duly charged by the court to find their verdict as follows, to wit: We, the jury, find the defendants Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, and George M. Ware not guilty; Joel T. Parish, foreman. And thereupon it is ordered by the court that Leroy M. Peevy, Jonathan Latham, James H. Bone, Theodore A. Thurston, and George M. Ware go hence without day.

A true copy.

A. W. McCULLOUGH, Clerk.

Now, Mr. Speaker, I was present and witnessed the proceedings in a part of these cases, aud I assert that the record I have read is not a the statement of what occurred.

The trial did not proceed.

There was no trial.

There was no jury.

There was no charge or indictment read.

There was no arraignment.

There were very few persons in the courtroom when the farce was enacted.”

(Text continues on pages 116-122)

Reference Data:

Selections form the Speeches of Honoralbe Joseph Wheeler of Alabama, by Joseph Wheeler, 1883, pages 68-70 an 116-122