Theodore H. Daviess, Affidavit

Accession Number

KYR-0001-020-0377

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

MG18-79 to MG18-80

Place of Creation

Harrodsburg, Mercer County, Kentucky

Date of Creation

8 January 1861

Dates Mentioned

1861-01-08

1860-10-01

1861-01-22

Harrodsburg Ky
Jany. 8. 1861
To the Govnor of Kentucky

Your Petitioner Theodore H Daviess would State that about ^Oct^ 1. 1860 he was by the Judgement of a jury of Mercer County fined the sum of twenty five dollars for a breach of the Peace and about the same time he was fined the further sum of thirty dollars for a breach of the peace — The facts are Simply these, he was by his children informed that a man by the name of Reed a school teacher, had for no good or sufficient reason whipped his child not seven (7) years old that he had not only whipped or corrected him, but had struck, abused and attempted to degrade & disgrace the said child — That upon ascertaining these facts to be true from other children of the school, he went with two neighbours to see said Reed relative to the affair, he commenced talking with Reed about the matter and upon Reed's making some unsatisfactory & harsh reply he attempted to strike him, but was prevented by the persons who accompanied him, for this the fine of $30-00 was inflicted, that in —
the evening of the same day meeting with Reed in the town of Harrodsburg upon some words passing, Reed attempted as he then believd and now believs to draw a knife or pistol from his Coat, that thus seeing & believing he drew his pistol to defend himself, he did not shoot Reed or fire the pistol and did not strike said Reed for this he was fined Twenty five dollars — He says that he did not do Reed any damage in either case, the he was only acting as he believed he had a right and as it was his duty to defend or protect his infant. child and to keep him from being treated wrongfully in the future — He admits he was excited at the conduct of Reed and the mistreatment of his child — He says that Reed was the main witness in both cases & made his statements to justices himself — He prays the fines may be remitted ☞

Affirmed to by T H Daviess before me this 8^th January 1861

J M Sillard J P M C

☞ : On both trial,s the Statements of my children & all other children present at the schoolhouse at time of the abuse & degradation of my child by Reed — were Excluded from the Jury, as not being part of the Rergistar — thus no defense was allowed & the merits of the cases,

Theo H Daviess

We concur in the prayer of the forgoing Petition —

Phil. B Thompson
Tho Allin
E H Burtone
J. W. Cardwell
Tho^s H. Buckner.
M C Hall
T C Shoune
Ben C Allin
Geo. W. Tompkins
W^m Payne
J M Silllard
J C Vanarsdall
S S M^cFatridge
W T Curry
R. P. M^cGrath (one of the Jury)
T. W. Foster

I concurr also Gov in the prayer of the above petition and hope your Executive clemancy may be extended to him
Respectfully W Daviess,

O S Poston
G. N. Davis
M C. Vanarsdal
Cha^s W. Wood.
J H Buckner
Nimrod Harris

Mercer Cir. ct
25,
30 } Breaches
Theo. H Daviess
Remission Iss^d
Jany 22. 1861

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