Joseph Ricketts to Beriah Magoffin

Accession Number

KYR-0001-020-0124

Document Genre

Correspondence

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

MG17-35 to MG17-36

Place of Creation

Frankfort, Franklin County, Kentucky

Date of Creation

9 November 1860

Dates Mentioned

1860-11-09

1860-11-23

Frankfort Kentucky
Nov 9^th 1860
Gov Magoffin

Dear Sir In addition to what appears from the Petitions & papers presented I would state that Norman one of the principal offenders has been Convicted & executed Bayget the other one has been let out on Bail ~~& it is believed~~ & has left the Country as it is believed never to return; the fact of Normans conviction also appeared in the Petition of Judge Stewart & M^r Maxwell described in my affidavit No remonstrance will be presented or as I believe Could be gotten up & I was authorized by Citizens of M^cLean County to say to your Excellency that it was almost the universal opinion of the citizens of M^cClean Co that Duval ought not to be hang but that confinement in the Penitentiary was severe enough: it was believed that it was unnecessary to proceed any more. I have about 200 Petitioners including the prominent citizens of the
County the Clerk, Sheriff, deputy Sheriif, Jailer the Jury that tried him, the Circuit Judge Commonwealths atty & M^r. Eaves who prosecuted in the Court of Inquiry & in the Circuit Court & who probably knows more about the case than any one else. The Governor will see from a note from M^r Shackleford that the Jury authorized him to append their names to a Petition for imprisonment for life this would seem to a mistake in the Dep Sheriff & they intended no doubt a Term of years; that would have been the effect of their decision if they had not be peremptorily instructed by the Judge & that is what all the other Petitioners ask I would here explain why the names of the Jury were not written under the Petition instead of merely appended to one. The case was tried in M^cLean County & the Jury were summoned from Daviess County & they after having returned their verdict being about to learn & the Dep Sheriff & Citizens not having time to have the Petition drawn up [...] their names — It would further state that the instruction of the Jury declaring peremptorily that
if they found him guilty at all it must be for Murder for in doing this the Court at once withdrew the question of malice from the Jury & decided it himself. He also no doubt erred in refusing my instruction which was as follows,, If the Jury believes that the prisoner committed the act but was drunk at the time yet although the drunkeness is no complete defense for the commission of crimes the Jury in the absence of malice may find him guilty of the lesser offence of manslaughter.. I think for these & other errors the case can be reversed but it will finally be manslaughter & his friends prefer that his imprisonement should now commence Your Petitioner will so soon as he returns home enclose the letter of Judge Stewart & M^r Maxwell. My reason for urging the matter earnestly now is that the execution is fixed for the 23^rd of Nov & the Mails being uncertain the Petitioner is afraid to leave without taking the decision with him

Most respt yours
Joseph Ricketts

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