War of the Rebellion: Serial 115 Page 0558 PRISONERS OF WAR, ETC.

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SYRACUSE, September 13, 1861.

Honorable WILLIAM H. SEWARD.

MY DEAR SIR: Allow me to call your attention to the matter of Jerome Barber, who was lately indicated for treason at Auburn and who is now at Fort Lafayette. Mr. Barber is a native of this county and until within about three years always lived here. For about three years Barber has lived in the South engaged as engineer in constructing levees on the Mississippi River. A short time since Barber came North on a visit and while here was arrested and taken before the U. S. commissioner. A day or two afterward he was indicted at Auburn and take there. I appeared as his counsel. We offired to give bail, and the matter of bail was postponed till next Thursday after the court adjourned. The hearing was to be had before Judge Hall at this office in Buffalo. Barber was immediately taken to Fort Lafayette. I am convinced that he is wrongly imprisoned and that is nothing of the matter. He made and affidavit in open court that he was not guilty of the matters alleged in the indictment, and now what he very much desires is his trial. The court at which he may be tried sists next month at Albany. inform me if the Administration intend to give such men the benefit of a trial and if Barber will be allowed his trial or not?

Perhaps you will be easily assured that I would not attempt to shield any man from his just deserts especially in times like these when I remind you that I was a long time a partner of H. C. Goodwin, of Madison County, with whom I believe you were personally acquainted. And if I were not constrained to believe in the entire innocence of Barber I would not attempt to effect his release. I take the liberty to address you as I learn that Barber was taken to the fort by your order. I hope to hear from your soon.

Most truly, yours,

D. J. MITCHELL.

DEPARTMENT OF STATE, Washington, September 23, 1861.

WILLIAM A. DART, Esq.,

U. S. District Attorney for the Northern Dist. of New York.

SIR: Will you please send to this Department a statement of the proofs in the case of Jerome Barber?

I am, sir, very respectfully, your obedient servnat,

WILLIAM H. SEWARD.

U. S. DISTRICT ATTORNEY'S OFFICE,

Potsdam, September 27, 1861.

Honorable WILLIAM H. SEWARD,

Secretary of State, Washington, D. C.

SIR: Your letter of 23rd instant requesting a statement of the proofs in the case of Jerome Barber is received. The proofs before the grand jury were as follows: Mrs. Cornelia D. Castle, of Onondage Hill, Onondaga County, testified that she knew Jerome Barber and had for several years previous to his going to Louisiana, where he went from Onondaga about two years ago. He was a surveyor and a man of some education. Knew his brother Charles Barber, who resides at Onondaga. Charles showed me a letter from Jerome a short time ago. It was dated at New Orleans. It stated that the writer had a friend who was going