Criminal Justice Matters: Murder/Inquest of William D. "Billy" Kimbrell, 1868, Winn Parish, LA Submitted by Greggory E. Davies, 120 Ted Price Lane, Winnfield, LA 71483 ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** From: National Archives and Records Administration, Washington, D. C., research by Mr. Jeff Reeves First and most importantly, credit must go to Mr. Jeff Reeves, Professor of History at Louisiana State University-Alexandria, and doctoral student at Louisiana State University, Baton Rouge, La., for having found the following documents at the National Archives and Records Administration, Washington, D. C. Sadly, these documents were not discovered by Mr. Reeves prior to the recent (2001) publication of "Nightrider Chronicles" by Mr. Jack Peebles. There is not doubt Mr. Peebles would have included this information in the book. Since this information is not in the book, it is important to publish it in some form for present and future generations to be able to know some of what occurred in Winn Parish over 130 years ago. So much has been said and written about the West & Kimbrell Clan, much of it erroneous for several reasons. The burning of the Winn Parish Courthouse in 1868 and 1885, the failure to preserve newspapers of the era, a lack of interest on the part of many, and the desire to forget this period in Winn history by some, are a few of the reasons we are unable to learn much of what really happened in Winn Parish following its creation in 1852. I have never made it a point to defend the wrongdoings of John West (actually Miles Weston), the Kimbrell family (relatives of mine and of my wife), or those who participated in the many misdeeds alleged to have been committed by this group. The "Civil War" was hell as was so-called Reconstruction. Many horror stories have been told and recorded about how the people of the South, many who were pro-Union, were treated during and following the War of 1861- 1865. Many of the men involved in the early days of the West & Kimbrell Clan were noble men and their actions were necessary to protect themselves, their families, their property, and others from much of what was being inflicted on the people of the area. The U. S. Army of Occupation inflicted much horrible pain on many Winn residents during Reconstruction, much of it worse than what they experienced during the war itself. The formation of a "home guard" became necessary. What was initially known as the home guard, or regulators, evolved into the West & Kimbrell Clan, yet it was many of the upstanding citizens who had initially belonged to the home guard that were responsible for the vigilante movement that rounded up and killed many West & Kimbrell Clan members after their criminal deeds were exposed. The main question raised in these documents is "why did military authorities become involved in matters that should have been handled by civilian authorities?" This is certainly not the case today as that issue was remedied only a few years after William Kimbrell's murder when the U. S. Supreme Court, in U. S. v. Cruikshank, a Colfax, Grant Parish, La., case, that the United States Government had no right to arrest parties involved in the Colfax Riot and all parties charged criminally in that case were exonerated. Most folks don't realize that the Colfax Riot resulted in about 100 men from Grant, Winn, Rapides, and Catahoula Parishes being arrested and indicted by the United States. This Supreme Court case is considered a landmark case in restoring "home rule" in the Southern states following the War Between the States and so-called Reconstruction. If I analyze the case correctly, it also concluded that U. S. troops could not be used as an arm of state and local government for arresting wanted people such as William Kimbrell. If General McLaughlin was truthful, William Kimbrell fired the first shot. Did General McLaughlin have any business in pursuing Bill Kimbrell? Documents presented in this investigation indicate that he did. However, Gen. Robert C. Buchanan questioned McLaughlin's actions. One can argue that even as a private citizen, McLaughlin had a right to make a citizen's arrest for murder, if that was the law in Louisiana was at that time. Another observation is that Kimbrell, as most former Confederate soldiers, had a problem with being hunted down by "yankees". At that time particularly in areas under occupation there had to be ill feelings between residents and the army of occupation who committed some acts that were worse than acts they had committed during wartime. Another glaring question is, "Why was the name of the Orderly Sergeant never mentioned?" I tend to think that military authorities did not want to divulge his identity in order to save him from being charged as a accessory. Why was he never called to testify? At any rate, William D. "Billy" Kimbrell was shot to death by Union Army Officer Napoleon B. McLaughlin and Billy is buried at the Kimbrell Cemetery at Wheeling, Winn Parish, La. May he rest in peace. The following are transcriptions of documents that Mr. Jeff Reeves discovered during a recent (2001) trip to the National Archives and Records Administration, Washington, D. C. Of particular interest, as seen in these documents, the activities of the West & Kimbrell Clan were known on a national level. This is proven by the letter of a Baltimore man who read about McLaughlin's arrest in the daily newspapers, and contacted a U. S. Senator, who in turn contacted the Secretary of War, which is amazing to me.**** Post of Grand Ecore, La. Hdqrs. Co. I 4th U. S. Cavy. Dec. 22, 1868 L. 143. L. L. 1868 McLaughlin, N. B. Captain and Bvt. Brig. Gen USA Giving an account of killing of a desperado in Winn parish, named Wm. Kimball, by himself (McL.) whilst en-route to investigate the murder of two negroes near Winnfield and circumstances of said murder Headquarters Dist. of Louisiana Dec. 30th 1868 Respectfully forwarded to Headquarters Dept. of Louisiana I do not understand how Gen. McLaughlin found it in accordance with his instructions to attempt to arrest of this man or any one else when not accompanied by the proper civil officers, and without having a warrant for his arrest in his possession The attention of the Commanding General is therefore especially invited to this report. (sig) Robt. C. Buchanan Bvt. Major General U. S. A. Commanding Post of Grand Ecore, La. Hdqrs. Co. "I" Fourth U. S. Cavalry December 22d, 1868 Brevet Brig. General Thos. W. Neill, U. S. Army A. A. Adjutant General, Dept. of Louisiana New Orleans, La. General: I have the honor to report that on the 19th inst. information reached me of the murder of two unoffending negroes, in the adjacent parish of Winn, about fifty miles from this point. In obedience to instructions I proceeded to Winn accompanied by an orderly for the purpose of investigating this affair and had gone about 12 miles when I was informed that two desperadoes named William and Lawson Kimball (correct spelling is Kimbrell), (brothers) against true bills for murder have been found in this (Natchitoches) and Winn parish, were at their father's house; and having sent troops for their appearance several times, each time unsuccessfully by reason of our approach being notified by their friends, I determined to attempt it again, as their house was directly on my road, and they unaware of my proximity. Therefore upon reaching the house, I stopped and enquiring for them was informed by the mother that they had that morning left for Texas; I looked through the house and not finding them, resumed my way to Winnfield and had ridden about one mile when I discovered one of them, about 300 yards ahead, mounted with revolver in hand. Immediately upon seeing me he started at utmost speed taking to the thick woods; - I gave chase gradually gaining upon him, until at the end of about a mile we were not more than sixty yards apart, here he reached a mud hole, about 10 yards wide, in attempting to cross which his horse bogged, breaking girth and precipitating saddle and rider to the ground. Upon my coming up, found the horse upon the opposite bank and Kimball standing behind it with his army revolver levelled at my head, and demanding my surrender; demanding his surrender to me I reached down to raise my double barrelled shot gun when he fired, the ball taking effect in my horse's neck, passing through from front to rear; I now fired with No. 5 bird shot, at his forehead and top of head, being the only parts visible above his horse's shoulders, this shot took effect, the blood flowing profusely from his forehead; - he again fired and I returned with my other barrel of small shot; - after this he fired two shots. I returning with my revolver; - making in all four shots each, he on the ground covered by his horse and I mounted, the distance between us being as stated above about 10 yards. After my fourth shot he said that he surrendered when supposing he had two shots left ordered him to throw down his weapon, which he did. I now called for my orderly whom not being able to find, dismounted myself, which Kimball seeing, he snatched his revolver, mounted his horse bare backed and started. To mount and after him was the work of a moment, my horse altho wounded, carrying me through the mud hole beautifully, and after perhaps a fourth of a miles run, I had again got within some 10 yards, when K. turned and fired his sixth shot. I returning it, - now pressed my horse until being about 10 paces ahead and to the left of him he snapped the sixth barrel of his revolver, and I firing at almost the same instant killed him instantly. Tying his horse to a tree, in order to mark the spot it being in a dense woods, and picking up his pistol, I retraced my way to the point from which we had started, where I found my orderly, as also a younger brother of K. and several citizens, whom I took to show the body, upon reaching which I found guarded by the father and two others with double barrelled shot guns. Knowing the desperate character of the family, and not liking the appearance of affairs, I felt to remain would be death, so I rode off about nine miles to the Coroner, informed him of the circumstances, telling him that I did not propose being arrested in Winn parish but would return to my Camp where I could be found at any time. Recrossed the river and reached Natchitoches with no damage to person except a severe contusion of left side and a few bruises by coming in contact with trees during the chase; these altho not serious are so painful as to unfit me for the saddle for several days. It will be impossible for me to again go to Winn, unless with a large detail, which I cannot spare as a number of my men are with Paymaster Vedden as escort, So my investigation of the murder of Frazier and the other man will rest for the present. I have seen the son of Frazier, who gives me the following account: - That two men came to his father's saw mill under pretence of buying a bill of lumber, and asked him to draw the plan of a house on the ground; his father stooped down, drew out the plan and was in the act of rising when one man blew out his brains and the other killed the Engineer in the mill- From all I can gather at present this appears to be a true statement of this cold-blooded murder. I have learned that young Kimball followed me with two others as far as the river, arriving some fifteen minutes after my crossing - I presume that the authorities will arrest me but I shall certainly not be carried to Winn parish for trial. I am ready an anxious to be tried by any tribunal civil or military, anywhere in this world except in Winn which is filled by just such desperadoes as this Wm. Kimball, and where my life would not be safe one moment. The entire community of this parish congratulate themselves upon their riddance of this pest; - and I would also remark that this is the same man who was seen with Lieut. Butts' watch and chain immediately after his death, and is supposed to have been one of his murderers. Trusting that my action may meet the approbation of the Brevet Major General Commanding and awaiting instructions and orders. I am General, very respectfully Your Obt. Servt. (sig) N. B. McLaughlin Capt. 4th Cavy. Bvt. Brig. Gen U. S. A. Commdg. Post Headquarters, Dept. of Louisiana New Orleans, La., March 1st A true copy ????????? Captain 39th Infantry A. A. S. General Post of Grand Ecore, La. Hdqrs. Co. "I" 4th U. S. Cavalry December 24th, 1868 Bvt. Brig. General Thomas H. Neill, U. S. Army A. A. Adjutant General Department of Louisiana New Orleans, La. General: I have the honor to report that since my communication of the 22nd inst. informing you of the circumstances under which desperado William Kimball came to his death at my hands, the following actions have been taken: - Ascertaining yesterday evening that the Sheriff of Winn parish had a warrant for my apprehension, I repaired this morning to the town of Natchicothds and surrendered, immediately however suing out a writ of Habeas Corpus; - thro my Counsel, - under which I was taken before Judge Osborne of this Judicial District, now holding Court in this parish, who has placed me under bail to appear at the examination appointed for next Tuesday (29th). Signed, N. B. McLaughlin "Endorsement on communication of Bvt. Brig. Gen. N. B. McLaughlin, Capt. 4th U. S. Cavalry dated Grand Ecore, La., Feb. 4, 1869 explanatory of his reasons for the attempted arrest of Wm. Kimball which resulted in the killing of Kimball by him and requesting that his conduct be determined upon G. M. C." (G. C. M.) = General Court Martial) The reply: "Hdqrs. Dept. of Louisiana New Orleans, La., Feb. 4, 1869 "Respectfully returned to Bvt. Brig. Gen. N. B. McLaughlin, 4th Cavalry, thru hdqrs Dist. of Louisiana, for compliance with the instructions from these Hdqrs of date of January 27, 1869. Instead of giving a simple explanation of the reasons for your actions, without a warrant in your possession, you have gone into a long discussion upon extraneous matters which do not affect the question. It is not seen that there is anything in the communication referred to which would warrant the assumption that any imputation of blame had been cast upon you. In regard to the application for a General Court Martial, I am directed to say that the General Regulations of the Army point out that an officers has no right to demand a Court-Martial on himself or on others, the officer competent to order a Court-Martial being the judge of necessity." By command of Bvt. Maj. Gen Buchanan Thos. H. Neill Bvt. Brig. Gen. U. S. A. Actg. Asst. Adj. Genl. Post of Grand Ecore, La. Hdqr. Co. "I" Fourth U. S. Cavalry Feby. 16th, 1869 Bvt. Brig. General Thos. H. Neill, U. S. Army A. A. Adjutant General "Department of Louisiana" (Thro Hdqrs. Dist. of Louisiana.) General: I have the honor to acknowledge receipt of endorsement on my communications of 12th inst., to comply with instructions from Hdqr. Depart. of Louisiana of January 27th, inst., and in reply would respectfully stat that the only additional reason I have to give beyond those contained in my reports of Dec. 22d and 24th, 1868 and January 9th and February 12th, 1869 is that I killed this outlaw Kimball in defence of my own life. I am, General, very respectfully Your Obedt. Servt. (Sigd) N. B. McLaughlin Capt. 4th U. S. Cavalry and Bvt. Brig. Genl. U. S. A. Post of Grand Ecore Grand Ecore, La., Jany 9, 1868 Bvt. Brig. Gen Thos H. Neill Actg Asst. Adjt Genl. Department of Louisiana New Orleans, Louisiana I have the honor to transmit herewith a copy these Proceedings of the Dist. Court held in Natchitoches, La., in December 1868 in the case of the State of Louisiana versus Napoleon B. McLaughlin charged with the murder of William Kimball of Winn Parish, La. together with all the papers and evidence in the case. I am Sir, Very Respectfully Your Obdt Servant N. B. McLaughlin Bvt. Brig. Gen, U. S. A. Capt. 4 U. S. Cavalry Commanding Post State of Louisiana Parish of Winn To: William T. Barnett, or any of his lawful Deputies Greeting Whereas due proof has been made before me the undersigned authority that one N. B. McLaughlin, and one Orderly Sergeant whose name is unknown, stands charged with the murder of William Kimball, against the peace and dignity of the State. Now therefore you are hereby commanded in the name and by the authority of the State of Louisiana to arrest the said N. B. McLaughlin and the said Orderly Sergeant, and bring them before me, or some Judge or Justice of the Peace, in and for said Parish, that they may be dealt with according to law touching the foregoing complaint, Herein Fail Not. Given under my hand officially in the said Parish, on the 22d day of December, A. D., 1868. Signed, Wiley J. Wilson Justice of the Peace A true copy: Signed, W. T. Barnett, Endorsed Signed, James Parker, Justice of the Peace 12d Ward (probably Natchitoches Parish as Winn has never had a 12th Ward) Parish of Natchitoches Signed W. T. Barnett, Sheriff To the Honorable John Osborne Judge of the Ninth Judicial District State of Louisiana The petition of Napoleon B. McLaughlin, an Officer of the United States Army, at present residing in the Parish of Natchitoches, with respect represents that under a warrant issued by Wiley J. Wilson purporting to be a Justice of the Peace of the Parish of Winn, your petitioner has been arrested and is now held in custody by one William T. Barnett, Sheriff of Winn, and deprived of his liberty. Petitioner alleges that his arrest and detention as aforesaid are without proper cause, that he is guilty of no offence which justifies or authorizes his arrest and detention, and he desires that a Writ of Habeas Corpus may issue and the body of your petitioner may be at once brought before your Honor by the said Barnett together with the cause of his said arrest and detention; that the source may be inquired into and the release of your petitioner may be ordered and such necessary action be taken and orders be granted in the matter as is consistent with law and the facts of the case. A copy of the Warrant and order for the arrest is hereto annexed. Wherefore petitioner prays for a Writ of Habeas Corpus to issue directing the said William T. Barnett who holds petitioner in arrest and custody and deprived of his liberty to produce the body of petitioner at once, or within an early delay, to be f___ied and appointed by your Honor together with the reasons for which he keeps him imprisoned in custody and deprived of his liberty and that on a hearing your petitioner may be discharged and set at liberty; or if in the opinion of your honor, the charges, if any, on which petitioner has been arrested and is now held, should be further inquired into, then that your petitioner may be admitted to bail by your honor to answer before the proper tribunal ___ such charges. And your petitioner prays for general relief &c. N. B. McLaughlin Bvt. Brig. Genl. USA (Affidavit of N. B. McLaughlin to the Petition): Parish Of Natchitoches State of Louisiana Before me the undersigned authority personally appeared Napoleon B. McLaughlin, the petitioner in the foregoing petition who being by me first duly sworn deposes and says that the foregoing petition contains the truth to the best of his belief. (Signed) N. B. McLaughlin Sworn to and subscribed before me on the 24th day of December, 1868 (Judges order for the Writ of Habeas Corpus) On the foregoing petition and affidavit it is ordered that a Writ of Habeas Corpus do issue directing William T. Barnett, Commanding him to bring before me the body of Napoleon B. McLaughlin instanter at the Court House in the Parish of Natchitoches and to state the reason for which he keeps he said N. B. McLaughlin imprisoned in his custody and deprived of his liberty. Done and signed by me in chamber on this 24th day of December, 1868. (Signed) J. Osborn, District Judge (Finding of the Court and order of the Judge for N. B. McLaughlin's release from arrest) State of Louisiana 9th Judicial District vs. State of Louisiana Napoleon B. McLaughlin ________________________________________ and investigation under the Writ of Habeas Corpus issued in this case by reason of the law, and the evidence introduced and it appearing to the Court that the accused is not guilty of the offence with which he was charged and for which he was arrested and the Court being of the opinion that the killing of the deceased William Kimball by the accused was an act of justifiable homicide it is now ordered, adjudged, and decreed that the accused Napoleon B. McLaughlin be discharged from the arrest and charges. Done and signed by me at Natchitoches Louisiana this 29th day of December 1868 (Signed) J. Osborn Judge 9th District (Writ of Habeas Corpus Filed in evidence and marked Dec. 29th 1868) State of Louisiana To: William T. Barnett Greeting: You are hereby commanded to bring before me instanter at the Court House in the town of Natchitoches the body of Napoleon B. McLaughlin who is detained by you in confinement and deprived of his liberty. And at the same time and place to state the reason for which you thus keep him the said N. B. McLaughlin imprisoned or in custody and deprived of his liberty. Witness my signature as Judge of the 9th District Court in Chambers at Natchitoches Louisiana on this 24th day of December 1868 Signed J. Osborn Judge 9 Judicial District State of Louisiana (Affidavit of D. H. Boullt, Deputy Sheriff of service of Writ of Habeas Corpus) State of Louisiana Parish of Natchitoches Before me the undersigned authority personally appeared David H. Boullt, Deputy Sheriff of the Parish of Natchitoches who being by me first duly sworn deposes and says that he served the Writ of Habeas Corpus issued by the Hon. John Osborn, Judge of the 9th Judicial District State of Louisiana on the 24th day of December 1868 Commanding William T. Barnett to produce the body of Napoleon B. McLaughlin before said Judge, was taken at the Court House of Natchitoches by delivering said Writ of Habeas Corpus to the said William T. Barnett in person on the 24th day of December 1868. (Signed D. H. Boullt, Dy. Sheriff) Sworn to and subscribed before me this 24th day of December 1868 (Signed) James Cromie, Clerk (Sheriff Barnett's answer to the Writ of Habeas Corpus) To the Honorable John Osborn - Judge of the 9th Judicial District of Louisiana In obedience to this Writ of Habeas Corpus I, William T. Barnett, Sheriff of the Parish of Winn, make this my answer and return that I have arrested and now hold in custody the person of Genl. N. B. McLaughlin by virtue of a Warrant of arrest issued by Wiley J. Wilson, a Justice of the peace in and for the Parish of Winn, on a charge of the murder of William Kimball, issued on the 22d day of December A. D. 1868 and now have present the person of said McLaughlin before your Honorable Court. (Signed) W. T. Barnett, Sheriff Sworn to and subscribed before me this 24th day of December 1868 (Signed) James Cromie Clerk 9th Dist Court (Voluntary Declaration of N. McLaughlin) State vs. Genl. McLaughlin Filed in evidence with petition, affidavit, and order of Judge for the Writ of Habeas Corpus marked "A", Copy of the Warrant and Endorsement marked "B" Writ of Habeas Corpus Marked "C" Affidavit marked "D" Answer of the Sheriff Barnett to the Writ marked "E" The voluntary declaration of General N. B. McLaughlin. In obedience to instructions received from Military Headquarters New Orleans, in regard to investigating outrages in my vicinity, copies of those instructions marked "F" "G" & "H" are now presented to the Court and filed. I proceeded on Monday the 27th (this Monday could have been the 28th according to one old calendar I looked at) inst. towards Winnfield accompanied by an orderly sergeant to investigate circumstances attending the murder of Frazier, a colored man, and another colored man in the neighborhood. Having proceeded some 12 or 14 miles I was warned of the two Kimball Brothers (against whom indictments for the murder of freedmen, and whom I had been called upon to arrest on preceding Friday the 18th inst. by the Sheriff of Natchitoches Parish) were at their fathers house directly on my road. I had several times prior to this sent troops, at the request of various authorities to make the arrest, but had found it impossible to get near them with any body of troops without the fact becoming known to them. On my arrival at their house I dismounted, saw old man Kimball and inquired if his boys were at home. The old gentleman stated that they had gone to Texas and asked me if I did not meet them on the road. I told Mr. Kimball that I should like to look through the house as I had my duty to perform to which he replied certainly. Becoming satisfied by my search that they were not at home I mounted my horse to resume my journey and rode to Winnfield. A younger brother say 18 years old (this would have been Thomas Weathersby Kimbrell) of Kimballs, buckled on his revolver and mounted a mule and followed me, my attention was called to this by my orderly. When to satisfy myself if he was following me I gallopped out my horse for about half a mile he galloping after me. I had gone about one mile when I discovered William Kimball run across the road mount his horse some three hundred yards ahead of me, at the same time the younger brother hollowing notifying him of my arrival, some man run up to William Kimball and handed him a stick to whip his horse off with, and he __________________to the woods to the left of the Montgomery and Winnfield roads, and I ran after him, after running him about a mile he came to a slough or mud hole (I should say ten yards wide perhaps) and in attempting to cross that his horse bogged, the girth broke, his saddle and himself fell off, when I arrived at this side of the slough (or mud hole) his horse was on the opposite side bank without saddle, Kimball standing on the opposite side of him from me, and entirely sheltered except his head. He had a large revolver levelled at me and demanded my surrender. I informed him I had come to arrest him when he commenced firing. His first shot passing through my horses neck. I had a double barrell gun loaded with small bird shot for the purpose of killing Partridges on the road. Immediately after his first fire returned the fire with one barrell of this shot gun. I shot at the top of his head which I could see above his horse, this shot took effect in his forehead, as I saw the blood running down face. He fired at me again, and there were four shots exch anged by each of us in that position. I on horseback and he behind his horse. After I had fired my fourth time, he said he would surrender (I commenced halloring for my orderly but could get no answer) not knowing what arms he had about him. I ordered him to throw his weapons on the ground he unclasped his pistol from his body and threw it down. I then returned my Revolver to its holster dismounted and set my gun (now empty) against a tree. As soon as I done this Kimball grabbed his pistol again mounted his horse bare back and ran. I mounted and followed him instantly resuming his ___________. I gained rapidly upon him and when within about ten yards of him he turned around on his horse and fired his fifth shot at me. And I returned the fire. Being my fifth shot, my horse running very fast, I pulled my horse to the left of Kimball and ran about ten yards to his left and a little to his front and came up with him he snapped his sixth barrell which missed fire. I firing at the same instant my sixth shot. He slid off from the opposite side of his horse from what I was, made one step or staggered and fell on his left side. He never spoke or groaned during my stay there. I dismounted caught his horse tied it to a little tree in order to mark the spot where the body was. I then picked up the pistol belt and holster which lay by the horses rein and the pistol lay in close proximity, loaded my gun and returned the nearest way I could to where I had started where I found the younger brother with my orderly, with several gentlemen whose names I took down, after I took their names I requested one of them to go to St. Maurice after a Coroner, as I informed them that I believed I had killed that man. They declined to go and then I took them all back with young Kimball and showed them where the body lay. When I arrived at the body old Mr. Kimball and some young men was present, with two double barrell guns setting against a tree, they had turned the body on its back taken the blood off it's face and tied up its jaws. Having showed them where the body was I immediately returned to St. Maurice some nine miles distant. I notified the Coroner of the occurrence and asked him to investigate the case stating that I could be found at any time at my camp. I then returned to this Parish. I came immediately to the Court House, gave into the hands of the Clerk of the Court, and several other gentlemen, the pistol I had picked up off the ground in the same condition in which I had taken it. Upon hearing that a warrant was in the hands of the Sheriff of Winn Parish for my arrest I immediately surrendered to him. (Signed) N. B. McLaughlin Bvt. Brig. Gen. U. S. A. Commanding Post Attest: (Signed) N. A. Robinson, Dist. Atty (Signed) J. Osborn, Judge of the 9th Judicial District (Report of the inquest held on the body of Wm. Kimball Dec. 20th 1868) Evidence for the State: We do solemnly swear we will carefully examine the body of William Kimball sho lies here dead, and to the best of our abilities ascertain the cause of his death. Names of the Jurors that held the inquest: David Frame, H. F. Martin, John Sapp, R. H. Williams, Thomas J. Lowe. We the foregoing named jurors duly summoned and sworn to examine the body of William Kimball and report the cause of his death, say that he was killed by some assassin by various shots both in the body face and forehead. Signed: David Frame, H. F. Martin, John Sapp, R. H. Williams, J. T. Lowe I concur in the above report. Signed: R. F. Morgan, M. D. I do hereby certify that the above and foregoing is a correct statement had before me the undersigned authority on the 21st day of December 1868. Signed: W. J. Wilson, Justice of the Peace Testimony of R. F. Morgan: R. F. Morgan Sworn says: Witness is a practicing physician in the Parish of Winn. Witness was called on to examine the body of William Kimball; the body was found in a deadening. Witness found the body on its back covered up, with various shots, the small shot were in the majority. There were three large wounds. The large shot that witness look out entered the left side very near opposite the heart, the ball went through to the opposite side, where witness cut it out ranging down. Another wound which passed through the ear. The wounds were of such nature as to produce death. Witness thinks the death of William Kimball was caused by the wound which he saw on his left side. There were slight bruises on the back of a dark appearance. Does not know in which ear the wound took effect but thinks it was in the left ear the small shot took effect in the cheek and the balance above. There were also three small shot which took effect in one of the eyes. This occurred in the Parish of Winn on Monday evening before Christmas of the present year. Cross Examined: The body was cold when witness reached him. Witness cannot tell how long Kimball had been dead. The wound in the back looked as though it was the result of a fall. Witness knew Wm. Kimball when he was alive. Had seen him several times. Kimball was a thick, heavy set man, strongly built and apparently of considerable muscular strength. Twice that witness met William Kimball he was armed, he was armed with a pistol. On the third and only other occasion on which witness saw Kimball did not notice whether he was armed or not. Did not see Kimballs horse. None of the small shot were extracted from Kimball body by witness. Did not see any of them. Witness formed his opinion as to the size of the shot from the wounds. The wounds from the small shot were confined exclusively to the upper part of he face from the mouth up to the forehead. From the appearance of the wounds from the small shot the shot entered directly from the front. The first time that witness saw Wm. Kimball was nearly two years ago. The second time was about three or four weeks ago, soon after he heard that Kimball had come back from Texas, and about ten days ago saw him Kimball at or near Wheeling in Winn Parish. The first and second times when he saw Kimball are the times he saw him armed. And the third time witness was riding toward Wheeling and Kimball was riding off. Witness states that he may be mistaken it might have been his younger brother. When witness saw Kimball the second time in Montgomery he was going about making himself sociable with persons with whom he seemed to be acquainted. Witness does not now recollect who those persons were. Does not know that it was a matter of notoriety, that an indictment for murder was pending against the deceased William Kimball. Witness might have heard if himself but does not recollect. Reexamined: Witness says that a good many persons go armed. Witness himself does not. Witness cannot say that it is almost a general habit. Signed: R. F. Morgan Testimony of Taylor Durham, Colored: Taylor Durham sworn says: Witness lives in the Parish of Winn about a mile from Mr. Kimball's Store. Witness standing in the gallery eating a potato with Dave Walters, heard guns firing in the woods right after one another, witness said a man came loping up the hill from the direction of the guns, his face was bloody; he run up the hill further. Witness saw another man come loping up the hill too and this other man said will you surrender old man, and then the parties got behind the bushes and witness could not see them. Witness did not know either of the parties, would not know them if he saw them again. They were going up by him in the deadening. The parties were about two hundred yards from witness when he saw them last. Witness has heard talk of Kimball but was not acquainted with him. The hindmost man called to the other to surrender. Witness was so far off that he could not understand the exact words that were used. The foremost man said something which witness could not understand. They were then behind the bushes and witness could not then see them. After a while witness heard one gun. That is all witness knows about the matter. his Signed: J. Jules Bossier Signed: Taylor "X" Durham mark Testimony of David Frame: David Frame sworn says when witness heard some persons riding by the store at Wheeling when he was at work he stepped to the door and saw a couple of gentlemen riding past. They were going nearly under full speed they were on the Winnfield roads when witness saw about fifty yards and then turned off to the right and left the road. They went out of witnesses sight in that direction. At that time witness did not know either of the parties. At the same time that he saw them running William Kimball was running ahead. Witness saw no more of them until the same two persons came back to the store and one of them said he had shot William Kimball. Witness recognizes General McLaughlin the accused as the person who made the remark. The last time witness saw Wm. Kimball alive was at the store. Witness saw William Kimball after he was dead, helped to bury him, and knew him to be William Kimball. Kimball was killed in Winn Parish about the 21st or 22d of the present month and year. The accused whom he recognizes told witness that his name was Genl. McLaughlin that he had shot Mr. Kimball and hoped he was not dead or words to that effect. He then called on us to know our names we gave him our names and he took them down. He then ordered witness and the others present (three in all) to go with him and take charge of the body. Witness heard nine shot on that day, within a few minutes of each other, and a short time after they passed the store. When witness and the posse reached the body the party consisted of Witness, Bridges, Sapp, and young Kimball the brother of the deceased. General McLaughlin and another young man whose name he does not know, the General requested them to remain with the body and allow no one to touch it until he sent the Coroner. Witness went when called upon this was about 12 o'clock. Witness remained there until they held an inquest and took the body away. his Wit: (Signed) J. Jules Bossier (Signed) David X Frame Mark Testimony of William Bridges: William Bridges sworn says Witness was at Wheeling on the day that the shooting occurred with a load of Seed Cotton. Witness was on his way to old man Kimballs Gin. While witness and William Kimball were talking witness remarked to Kimball that he (witness) was in a hurry and would drive on. Witness saw Thomas Kimball coming down the hill towards the store. William Kimball remarked to witness wait a minute, I see Tom coming, he will go back with you. Witness waited until Thomas had stepped up on the gallery. Thomas Kimball remarked to his brother William Kimball says he Bill you'd better get away. William remarked to his brother William Kimball says he Who is it! Is it Yankees. At that time witness saw General McLaughlin and his orderly coming down the hill from the direction of St. Maurice and the Harrisonburg road. William Kimball stepped off the gallery, got on his horse which was hitched near the gallery and started off towards Montgomery. William Kimball went in that direction about some 25 or 30 yards perhaps, he discovered that he might be cut off that way, he turned back and took the Natchitoches and Harrisonburg road to where it forked on going to Winnfield and the other to the Harrisonburgh. The fork being about fifty yards from the store then he left all roads and took to the open piney woods. General McLaughlin who aimed to cut him off in the direction in which Kimball first started he came on until he struck the road about where Kimball turned back General McLaughlin went on until stopped by the fence and then turned into the Harrisonburgh road. He then followed Kimball in the direction in which he Kimball had taken as far as witness saw him. Witness never heard any threats made by either party. Cross Examination: Witness recognized General McLaughlin as a soldier of the United States at the time he saw him in Wheeling that is when he saw them coming up and when Kimball saw them coming. When witness first saw the Genl. and his orderly coming the took them to be soldiers of the U. States, he judge so from their horses appearance and accoutrements. William Kimball at the same time had a good opportunity of seeing that the General and the orderly were soldiers were soldiers. The General and the orderly followed Kimball out of witnesses sight. When he first saw them come back the General the orderly and young Kimball a brother of the deceased all came up to the store together but witness did not see them until they were near the store not exceeding fifty yards from the store does not know when they got together. When the General first came up witness saw the general's horse bleeding in the neck he stepped off of the gallery and asked the General if the horse was shot putting his fingers on the place on the horses neck. The General replied that he was shot, and that the young man had tried his best to shoot him. When William Kimball asked Thomas Kimball who it was after and if it was yankees and ___ at about that time the two soldiers came in sight and William Kimball mounted his horse and put off. Attest: J. Jules Bossier Signed: William J. Bridges Defendants Evidence" Indictment against William Kimball filed in evidence copy to be used marked "J" Warrants against William Kimball marked "K". Bench warrant copy to be used. Docket No. 564 State vs. S. B. Newman, William Kimball, Lawson Kimball Murder: A true bill Signed: C. A. Cloutier, Foreman Filed Dec. 13 1866 W. A. Hamilton, Clerk Witnesses: Francis Perryman Mazzall Pleasaance Octave, f. m. c. (free man of color) A. G. Satcher W. A. Strong Filed in evidence and marked "J" Dec. 29 1868 Signed A. E. Lemee Dy. Clerk State of Louisiana Ninth Judicial District Parish of Natchitoches District Court December term A. D. One thousand eight hundred and sixty six In the Parish of Natchitoches to wit In the name and by the authority of the state of Louisiana, the Grand Jurors of the State of Louisiana duly elected, empanneled, sworn, and charged to inquire in and for the body of the Parish of Natchitoches in the Ninth Judicial District of the State of Louisiana aforesaid at a District Court began and held in and for said Parish on the first Monday of December A. D. 1866 upon their oath present that Samuel B. Newman, William Kimball, and Lawson Kimball, late of the Parish aforesaid, on the twenty sixth day of April, A. D. 1866 with force and arms in the Parish District and State aforesaid, and within the jurisdiction of the Ninth Judicial District Court, in and upon the body of Usem Tenace, f. m. c. in the peace of God and the State, then and there being an assault did make and him the said Usem Tenace f. m. c. then and there feloniously wilfully and of their malice aforethought did kill and murder, contrary to the form of the statute in such case made and provided and against the peace and dignity of said State. Original signed. (Signed) David Pierson District Attorney Ninth Judicial District Clerks Office Dist. Court Parish of Natchitoches I hereby certify that above to be a correct and true copy of the original Indictment and endorsements thereon in the case of the State of Louisiana versus S. B. Newman, William Kimball, and Lawson Kimball indicted for murder on file in my office. Given under my hand and official seal this 29th day of December 1868. Signed: A. E. Lemee Dy. Clerk. No. 567 State vs. S. B. Newman, William Kimball, Lawson Kimball Warrant (copy) Filed in evidence and marked "K" Dec. 29, 1868 Signed A. E. Lemee Dy. Clerk State of Louisiana To the Sheriff of the Parish of Natchitoches Greeting: Whereas a bill of indictment has been found by a Grand Jury duly empanneled and sworn to inquire in and for the body of the Parish of Natchitoches at the December term, 1866 of the District Court in and for the said Parish, against S. B. Newman, William Kimball, and Lawson Kimball for murder. Now therefore that you are hereby commanded that you take the body of the said S. B. Newman, William Kimball, and Lawson Kimball if to be found in said Parish of Natchitoches, and him in your custody safely keep until he shall have answered said charge against him or have otherwise been discharged in due course of law, and of what you shall have done herein, return make with this writ, to the said District Court. Witness the Honorable W. B. Lewis Judge of said Court at Natchitoches this day of December 1868. (Signed) A. E. Lemee, Dy. Clerk A true copy Signed, A. E. Lemee Testimony of J. E. Hughes: Dec. 29, 1868 J. C. Hughes sworn says Witness was Sheriff of this Parish prior to the election of Samuel Parsons, the warrant exhibited and marked "K" was in the hands of witness as Sheriff until July, 1868. It was then turned over to Samuel Parsons, the present Sheriff, witness was never able to arrest the parties named in the warrant. Witness could never find where they were to arrest them. Witness means that he could not arrest the Kimballs named in the warrant. Newman named in the warrant gave himself up for trial and was tried and acquitted. Witness inquired where he could find them could not learn, except a rumor that they had gone to Texas. Witness had warrant in his hand from December 66 to July 68. Signed: Signed J. C. Hughes Attest: (Signed) A. Ballard (Signed) Philip Myers Testimony of Jno. Walsh, M. D. John K. Walsh, M. D., sworn says: That he is Surgeon of the Post of Grand Ecore. Witness is intimately acquainted with the accused General McLaughlin knows him to be a Bvt. Brig. Genl. of the United States Army and Commander of the U. S. Troops in this vicinity. The adjoining Parishes are under the Military Jurisdiction of Genl. McLaughlin. Witness drove Genl. McLaughllin to camp on the day that the General left for Winnfield, on the morning of the 21st instant. When the General was about starting he had one double barreled shotgun, one barrel of which was loaded for bird shot. Which gun was loaded in the presents of witness. Witness suggested to the General to let the orderly have his guns and to carry his holster pistols on account of the character of the Parish of Winn people, and on account of his going to investigate a late murder near Winnfield. The General remonstrated ______________________________________________________________________________ took but one, pistol, to the knowledge of witness. The orderly accompanied him. The General put a pouch of small shot in the other holster. Signed: Jn. K. Walsh Attest: Signed Philip Meyers Testimony of James Cromie: James Cromie, Clerk of District Court, sworn says: Witness was connected with the freedmens bureau in the years 66 & 67. In 66 as agent of F. B. for Natchitoches and Sabine, and in 67, from March of that year, as Sub Assistant Commissioner for five Parishes, including Winn as one of the five. About ten days or two weeks after witness came to the Parish of Natchitoches as agent for the F. B. a murder was committed on Usem Tenace a freedman. Witness was present at the Corners inquest. Witness says that William Kimball was charged with that murder. He Kimball lived in Winn Parish. Witness means that he was indicted for that murder. That murder was reported to General Baird of the U. S. Army, A. C. F. B. for Louisiana. In about June 67 or perhaps later in that year witness was instructed by General Mower, then in command of the Military Department and also Assistant Commissioner to call upon the nearest military officer for their aid in the arrest of parties at large charged with the murder of freedmen. Witness instructed his Assistant Captain White, who was then in the Parish of Winn, to call on the nearest Military Commander for troops to arrest the Kimballs. From official reports of Captain White from that Parish witness learned that troops had been called for, had been furnished and had failed to arrest the Kimballs. They (the Kimballs) evaded the Military. Witness saw General McLaughlin on his return from Winnfield. Witness looked at Genl. McLaughlin's horse, he was wounded in the neck. The wound looked like it had been made by a pistol ball, an orderly was with the General, the orderly had a shot gun. The General brought a pistol in the office of Witness, witness examined the pistol to see if it was loaded, the loads were all discharged but one, but did not take notice if the cap on the remaining one was bursted or not. The General stated that he had come to make a statement of the affair, and as court was in session to give himself up. The pistol produced is the one referred to. (Signed) James Cromie Attest: Signed N. ?. Robison Testimony of Samuel Parsons: Samuel Parsons sworn says. Witness is sheriff of the Parish of Natchitoches. The warrant against the Kimballs ____________________________________________ by the late Sheriff to the present Sheriff. Witness sent to the Parish of Winn to see if he could find the prisoners but was unsuccessful, about three weeks ago. Witness met General McLaughlin who told Witness that he understood the Kimballs were back in Winn. Witness told the General that it was hard to arrest those men, that they desperadoes and that he needed ______ General ____ ___________ military ________________. The General answering that he would assist witness in the arresting of those Desperate Characters, who were at large. Witness told the Genl. that there were others who had committed offences who were at large, and he would be glad to have his assistance, and whatever he as Sheriff could do he would do to aid the General. Cross examined: Witness says that he several times instructed his deputies to send over and try to arrest the Kimballs. And his deputy reported that he had obeyed the instructions and send. (Signed) S. Parsons Testimony of Lewis Keizer: Lewis Keizer sworn says. Witness is a Sergeant in the 4th U. S. Cavalry Co. I commanded by Gen. McLaughlin. Witness was ordered by Gen. McLaughlin to report to Captain White in Winn Parish. Capt. White was at Montgomery in Winn Parish, Agent of the F. B. at the time. Witness was accompanied by four soldiers. Captain White informed witness that he had to arrest a desperado whose name was Kimball who lived on the St. Maurice road one mile from Wheeling in Winn Parish, this was in August 1867. Capt. White the witness and the men surrounded the house of Kimball with a view of arresting him, they did not succeed in capturing Kimball could not find him. Witness went then again accompanied by ten soldiers on the fourth of July 1868. Captain White accompanied witness again on this second expidition. They went to Kimballs house to arrest him and could not find him. (Signed) Sergt. Lewis Keiser Co. I 4th U. S. Cavalry Attest: Signed N. A. Robison, Dist. Atty. Filed in evidence and Marked F, December 29th 1868 Signed A. E. Lemee, Dy. Clerk: Headquarters Bureau of Refugees Freedman and Abandonded Lands, State of Louisiana New Orleans, La., November 23, 1866 Circular No. 12 In all cases which may arise in regard to the refusal or neglect of planters to pay wages due the freedmen, agents are instructed that when in their opinion the civil courts will fail to do justice to the laborer they are authorized to seize and hold for the security of the freedmen, Crops or other property in a sufficient amount to fully satisfy their claims. These instructions will be carried out promptly by agents in all cases where they may deem it necessary and they will promptly report the cases and attendant circumstances as soon as they arise. In cases of murder of freedmen or extreme cruelty to them should the civil authorities fail to take any action agents will call upon the nearest military command for a sufficient force to arrest the party or parties committing the outrages. Instructions have been issued by the District Commander that the requests of Agents of the Bureau in such cases shall be complied with. The parties after ______________________________________________________ the U. S. Courts. By order of Bvt. Maj. Gen. J. A. Mower Asst. Comm. B. R. F. & Aban. Lands State of La. Signed: A. F. Hayden Filed in evidence and marked "G" Headquarters District of La. New Orleans, La., Oct. 12, 1868 Circular No. 4 In order that Commanding General may receive information of outbreaks or riots occurring within the limits of the District of Louisiana, other than through the medium of often times exaggerated newspaper reports of the knowledge of recent disturbances in the northern part of the State having reached the office only through such channels, commanding officers of posts and detachments will, in future, when any disturbances or outrages takes place in their vicinity make an immediate investigation and full report of the same embodying all the facts that may come to their knowledge. If it becomes necessary for the officers to interfere, or the troops to be ordered out for the purpose of quelling outbreaks or assist the proper civil authorities in making arrests a report of such action as he may have taken will also be made. In all cases where Commanding Officer is called upon to interfere with the Military he will be governed by instructions heretofore issued from Headquarters Department of Louisiana, and when time admits a failure to apply for instructions will be regarded a disobedience of orders. By command of Bvt. Maj. Gen Robert C. Buchanan Signed: George Baldy Capt. 29' Inf. A. A. A. G. Filed in evidence and marked "H" Headquarters Bureau of Refugees, Freedmen, and Abandoned Lands, District of Louisiana No. 154 Julia Street New Orleans, La. June 14, 1867 Circular No. 12 The civil authorities having in many instances failed to arrest parties who have committed outrages upon the persons of freedmen all Sub Assistant Commissioners and Assistant Sub Assistant Commissioners of this Bureau in this District are hereby ordered to arrest such offenders in all cases where the civil authorities have neglected to perform their duties, and will call upon the nearest Military Commander for troops to enforce the prompt execution of this order. In case of murder the names of murderers and names and affidavits of witnesses will be immediately forwarded to these Headquarters. By command of Bvt. Maj. Gen. J. A. Mower (Signed) L. O. Parker Lieut. 1st U. S. Infantry and A. A. A. Genl. State vs. N. B. McLaughlin State of Louisiana Parish of Natchitoches Know all men by these presents. That we Napoleon B. McLaughlin as principal and William M. Levy and Theodore Schewman as securities do acknowledge to owe and be indebted unto Henry C. Warmouth, Governor of the State of Louisiana or to his successor in office in the full sum of One Thousand Dollars for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, and legal representatives firmly by these presents in solido. Dated at Natchitoches this 24 day of Dec. 1868 The condition of the above obligation as such that whereas the said N. B. McLaughlin has been arrested for the crime of murder, on a warrant issued by Wiley J. Wilson Justice of the Peace for the Parish of Winn, and that he shall appear personally on Tuesday the 29th day of December 1868 before the Hon. John Osborn, at the Court House in Natchitoches and not to depart thence without leave of the same first had, there this above obligation to be null and void otherwise to remain in full force and virtue of law. Signed: N. B. McLaughlin Willm M. Levy Theo. Schewman State of Louisiana Ninth Judicial District Court Parish of Natchitoches Clerk's Office I do hereby certify that the foregoing pages from No. 1 to No. 31 inclusive, contain a true, correct, and complete transcript of all the documents filed, testimony add____, and proceedings had in the case of the State of Louisiana versus Napoleon B. McLaughlin in the Ninth District Court of the State and Parish above mentioned. In testimony whereof I have herewith set my hand and affixed the seal of the said Court at Natchitoches, La. on this 11 day of January A. D. 1869 (Signed) A. E. Lemee Dy. Clerk said Court Baltimore, Jan 18/69 Senator Wilson Dear Sir I have noticed in the daily papers of an adventure on the part of Genl McLaughlin late Colonel 57th Mass. Regt. now Captain 4th Regular Cavalry stationed at Grand Ecore, La., in the pursuit of a desperado outlaw, Wm. Kimball, which resulted in the death of the villian for which Genl. McLaughlin has been arrested and is now in custody of the civil authorities. I fear that he will not have Justice done him by those bitter rebels residing in Louisiana. I have been tempted to ask you to interfere on his behalf, hailing as he does from your state, and having always reflected credit upon it, while in command of Massachusetts Regiment, if it is not too much may I ask you to see the representative of that Congressional District if he is now at Washington and ask him to interfere in behalf of Gen'l McLaughlin. I have done this from a desire to see him released and exonerated from all blame although not a resident of Mass. I had the pleasure of serving under General McLaughlin, myself connected with a Maryland Regt., and the great esteem and friendly feeling toward him, was formed cemented under fire, while serving our country. Hoping you will act upon this request and secure fair trial for a friend. I remain, Yours Truly Jos. F. Carter