William Woolery and Hiram Baker to Beriah Magoffin

KYR-0001-020-0114.xml

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Accession Number

KYR-0001-020-0114

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG17-20 to MG17-21

Place of Creation

Madison County, Kentucky

Date of Creation

14 August 1861

Dates Mentioned

1859-12

1860-03

1861-03

1861-08-14

1861-11-07

William Woolery and Hiram Baker to Beriah Magoffin, 14 August 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG17-20 to MG17-21, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0114, (accessed December 22, 2024).

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To his Excellency Govenor. B. Magoffin

Your Petitioner William Woolery and Hiram Baker Submit the following facts for consideration and upon which they respectfully and confidently believe Your Excellency will exorcise an Executive Clemency in their behalf and remit the judgment rendered against them

In the Month of December 1859 Thomas Baker a cousin of one of your petitioners, had some difficulty with some person in the neigbhorhood. situated in the upper part of Madison County Ky -- for which a process issued from a magistrates' office accusing said Thomas Baker of a Breach of the Peace.

Thomas Baker was under this writ, arrested and brought to trial, before one J. J A Hunter an acting Magistrate for said county

At this trial, the magistrate instead of having a jury impanneled to try the case as the law directs like officers to proceed, held an Examining court by himself and after giving said defendant a summary hearing held him to bail in the Sum of One hundred Dollars to appear at the next term of the Madison Circuit Court. which occured the following March 1860.

Your petitioners who were at the trial beleiving that from the evidence the Said Thomas Baker had committed no offence against the Commonwealth and living neighbors to the said Thomas they became the sureties in a bail
bond for the appearance of Said Thomas Baker at said term of the court -- -- -- --

The case was fully developed before the grand jury at said term and no indictment was found against said Baker; The bail bond however was returned by the Magistrate to the clerks office and the case docketed but from some cause the papers were mislaid for several terms, and your petitioners supposing the case at an end when the grand jury failed to inditect the Said Baker paid no attention to the matter until they were summoned to answer a forfeiture of the Said bail bond at the March term 1861. -- In the mean time Thomas Baker had removed from the country to a distant part of the state and is now and was at the time of rendering the judgment hopelessly insolvent -- They think that the court Erred in giving judgment against them under the circumstances when the commonwealth had not been in any way injured. And it is oppressive to compell them to pay the commonwealth One hundred dollars ~~upon no~~ without consideration and the delay which is clearly manifested on the part of the commonwealth has worked to them a great injury for which they ought not to be held responsible. And further that they have not the Money to pay said judgment. and should the officer now sell their little property their families would unavoidably suffer for the necessaries of life. They state that they are poor men with families, several children each. And to compell them to pay this
< over >
judgment would be taking the bread from their children's Mouths. They further say that they are good sober, industrious ^&^ honest Men and under circumstaqnces above Named and in consideration of our national calamities creating such unheard of hard times they Respectfully and respectively hope ~~you~~ ^his Excellency^ will remit the judgment rendered against them --

William F Woolery

Sworn to before me this 14^th day of August 1861

N, B, Johnson J' P' M' C

We the undersigned ^~~knowing~~ believing the facts^ on behalf of the above petitioners would recommend the same to your Executive Clemency and would request a remission of so much of the judgment as your Excellency May have jurisdiction over.

John G Cole
Ja^s B McCreary
S Turner

Ed N Turner
Will. Jennings

Believing the above facts to be true I concur in the prayer

Will Davis
G. E. Billingsley
Thomas F. Stone
W. H. Caperton
J. W. Caperton
D, Bush
R Runyon

Petition to. B. Magoffin Governor of Kentucky on the part of William Woolery & Hiram Baker

Madison
Cir Ct
$100. } Recog.
Remission
Iss^dNov. 7 1861

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