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The Daily Dispatch: November 7, 1862., [Electronic resource], Proceedings in the courts. (search)
trial. Among the papers were two bogus discharges, one for himself and another for Charles Tankersley, a member also of Shafer's company.--He was therefore re-arrested and brought before the Mayor to be examined for the last-named offence. Mr. P. H. Aylett appeared on behalf of the Government, and Messrs. Crane and Glimer for Wyvill. Counsel for defence contended that the discharge by Commissioner Watson, he being the examining and committing magistrate of the C. S. District Court, was final.rty arrested one day for stabbing and discharged by competent authority was not liable next day to arrest for murder, though the wounded man die in the meantime. The offence of Wyvill was not against an individual, but against the Government. Mr. Aylett rebutted this view in a short speech. Defendant had been examined for forgery against the Government — that charge not being susceptible of proof, his discharge therefrom did not prevent his being punished for a different offence, which, thoug
The Daily Dispatch: December 5, 1862., [Electronic resource], The fight at Lavergne, Tenn. (search)
Acquitted. --A hearing was had yesterday before Judge Lyons, sitting in term, on the merits of an application for release on a writ of habeas corpus, sued out by Mrs. Mary Ann Piggott and her family, residents of Charles City county, arrested a few weeks since on the charge of disloyalty, by order of Gen. Henry A. Wise. The parties were said to have entertained Yankees at their house while those vandals had possession of the country in and around their residence. Nothing but inferential evidence was offered in support of the allegation, while a great deal of proof was accumulated, from most respectable parties, that Mrs. Piggett and her family were true citizens of the Confederacy both in word and deed. Mr. Aylett appeared for the Government; Messrs. Nance and Williams for the defendants. The Judge discharged all of the parties.
The Daily Dispatch: December 5, 1862., [Electronic resource], Proceedings in the Courts. (search)
efore the Provost Marshal. Brown, slave of C. Moffatt, found by the watch with a loaded pistol and no pass, was ordered to be licked. Joel, slave of C. L. Atkinson, was ordered a thrashing for firing a pistol in Main street. The case of James Tyrer, charged with swindling and obtaining money under false pretenses, was continued till Friday morning, at 9 o'clock. This prisoner being a soldier, was brought up from Castle Thunder in custody of two armed men and a detective. Mr. P. H. Aylett appeared to prosecute for the Government, who, it appeared, was in some way a sufferer by Tyrer's alleged malpractice.--Prisoner was sent back to the Castle under guard. Milly, slave of Mrs. Hillyard, was committed for trial for going at large and having in her possession a large lot of wheat and flour, supposed to be stolen. Wilson, slave of Sally Carter, was likewise committed for trial for having on hand a lot of meal, bacon, flour, and sugar, for which he could not satisfa
The Daily Dispatch: April 8, 1863., [Electronic resource], Attack on Washington, N. C. (search)
n. That Fariss had a properly-attested copy of this order of Court in his possession when its was arrested. His arrest was a violation of and in contempt of the order and authority of the Court which would not be tolerated. He should now discharge Fariss, and at the next regular term of this Court cause the proper steps to be taken to ascertain labially why Capt. Parker should not be fined and attached. He could not, unfortunately, issue such a rule in vocation, or he would have issued it, instead of the habeas corpus. The authority and orders of this Court must be obeyed. The discharge of Fariss related back to the date of his enlistment; and having been irregularly enlisted he was unlawfully detained, and could not therefore be properly held answerable under any charge of being absent without leave.--Capt. Parker must pay the costs of this last application, and Fariss stand finally and rightfully discharged. Counsel for Government, P. H. Aylett. For Fariss, J. H. Gilmer.
The Daily Dispatch: May 30, 1863., [Electronic resource], The elections. (search)
Execution of a Malefactor. --A negro man, Richard, owned by Miss Rosalie P. Sampson, of New York, and held for her benefit in trust, by P. H. Aylett, Esq, C. S. District Attorney, was executed yesterday, at 15 minutes to 1 o'clock, by the Sheriff of Henrico and his assistants, in the yard of the old jail, at the Court House. Richard was convicted before the County Court of King William county of making a murderous and unprovoked assault on Atwell F. Pitts, manager on Mr. Aylett's farm, onMr. Aylett's farm, on the 30th of last January. His trial took place on Monday, April 27th, at King William C. H., resulting in his condemnation. Shortly after committing the offence for which he suffered he was brought to Richmond for safe keeping, but was carried back on the day of his trial. The accused, who was a stupid, stolid, and vicious-looking negro, had persistently refused to say anything of the reasons that induced him to attempt the murder of Mr. Pitts until yesterday, when the near approach of death
The Daily Dispatch: May 30, 1863., [Electronic resource], Our Glorious Soldiers. (search)
Substitute Swindling. --Two men, named Charles Felburg and Thomas Delan, were arraigned before the Mayor yesterday, charged with forging a substantia paper and obtaining $2,600 from John Smith, a German, under false pretences. Mr. Aylett, District Attorney, appeared against the prisoner, Mr. J. H. Gilmer for the defence. It appeared that Smith had been commissioned by a friend to get him a substitute, and had been furnished with a paper by Felburg certifying the reception of a man in the army for which he disbursed $2,000. From the evidence, it appeared that the signatures of the officers purporting to receive the substitute had been forged, also the name of John Withers, Assistant Adjutant-General, giving his assent to the transaction. It was intimated in Court that one of the prisoners (Felburg) was a regular substitute agent, and had accumulated considerable money in that way. The precise connection that Dolan had with the transaction did not appear. Sundry witnesses of re
The Daily Dispatch: June 20, 1863., [Electronic resource], Significant. (search)
efore their acts are illegal, and the arrest made by them no less than "assault and battery, " for which they are subject to indictment by the Grand Jury. P. H. Aylett, Esq., C. S. District Attorney, appeared in Court, at the invitation of the Mayor, but declined submitting any argument on the constitutionality of "Martial Lased under peculiar circumstances. The Mayor desired to see the law under which this power was exercised. He wished to be informed as to its legality. Mr. Aylett declined offering any argument or authorities, but contented himself with reading the commissions of the parties charged, and the orders under which the Provostnd the act with which the parties are charged to be in violation of the laws of the State, he should be compelled to send the parties on to the Grand Jury. Mr. Aylett thought the Mayor's Phillipe about the detectives entirely foreign to the question at issue. He was not there to inquire into the personnel or morale of the de
The Daily Dispatch: November 17, 1863., [Electronic resource], Confederate States District Court--Judge Halyburton presiding. (search)
Judge Halyburton presiding. --The case of Edward E. Orvis, taken in custody under the conscription law, and which was continued from Saturday last, was called up. This was an application for a discharge under a writ of habeas corpus, heretofore granted, and in support of the application voluminous documents were read and a lengthy argument delivered by the petitioner, who is an attorney at law. Orvis enlisted as a substitute for Fayette Allen in the early part of the war, and upon the disbanding of the company to which he was attached, he was discharged on the ground of his religion, and afterwards arrested as a conscript. Orvis claimed that he was held as a conscript, and that being a conscript he was entitled to a discharge on the ground that he was a clergyman; that he was not liable on account of his substitute ship. After reply from P. H. Aylett, the District Attorney--most severe, we must say, though justified by the facts — the case was continued until this morning.
The Daily Dispatch: November 23, 1863., [Electronic resource], From Chattanooga. (search)
to answer the charge of having stolen a valuable watch from Lieut. Charles Beck, some few days since. The parties, it seems, had been on a frolic together, and on the night on which the watch was lost roomed together at the Spotswood Hotel. On the succeeding morning Beck missed his time piece, and suspecting his companion, had him arrested; but instead of appearing before the Mayor to testify in behalf of the Commonwealth, took the cars for Wilmington, N. C., and has failed to return. When the case was called, Mr. P. H. Aylett, counsel for the accused, demanded the fullest investigation of the charge, and regretted the absence of the witness, as he was prepared to prove the entire innocence of his client. He said he was not before the Court to plead for mercy for the accused, but to vindicate his innocence, and to maintain that fair name which he had always borne. There being no witness present to sustain the charge, the Mayor could do no less than discharge the accused.
The Daily Dispatch: December 18, 1863., [Electronic resource], Averill's raid. (search)
sioner Wm. F. Walson yesterday morning. At 1 o'clock the parties entered the court room. Mrs. Allan was accompanied by her husband, and during the progress of the trial remained with her features entirely obscured behind a thick brown veil. P. H. Aylett, Esq., C. S. Attorney, appeared for the Government, and the Hon. James Lyons and Gen. George W. Randolph acted as her counsel. The names of the witnesses were then called over, all of whom answered to their names. Dr. Erasmus Powell was he party to whom was to be intrusted letters which were to be taken North. It was a proceeding which, if adhered to by the Commissioner, would be a novelty in his legal experience, and he insisted upon his right to an answer from the witness. Mr. Aylett, for the prosecution made a brief reply to the remarks of Mr. L., after which he was followed by Gen. Randolph. The Commissioner then decided that the counsel were entitled to the name which they demanded to know of the witness, and so directe
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