Nathaniel Wolfe to Beriah Magoffin

KYR-0001-020-0393.xml

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Accession Number

KYR-0001-020-0393

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

MG18-109 to MG18-110

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

17 August 1860

Dates Mentioned

1860-08-17

Nathaniel Wolfe to Beriah Magoffin, 17 August 1860, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-109 to MG18-110, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0393, (accessed December 27, 2024).

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Louisville
17^th August 1860
Hon: B Magoffin
Gov: &^c &^c
My dear Sir

I venture to ask your intervention in behalf Hezekiah Alexander Jr a free man of color who has been lately sent to the Penetentiary from the county of Meade

He was convicted contrary to every principle of criminal law as I understand it. Th accompanying copy of the record in his case ~~will~~ bear me out in the assertion. I trust you will read it and convence yourself of the fact.

I presented the record to Judge Wood in order to obtain an order for an appeal, but
he refused, not upon the grounds that the Court below did right in refusing to grant a new trial but because, the Code of Practice, did not authorize an appeal where the Bill of exceptions, as in this case, failed to shsw that a ^proper^ foundation was laid for the prayer for an appeal. By the Code of Practice the Court of Appeals ~~court~~ is not authorized to grant an appeal because the Court below erred in overuling a motion for a new trial.

You will see by reading the record that the Court for the accused (in a moment of excitement I suppose) abandoned the case, because the Judge overruled a motion for a continuance of the case; and thus deprived the accused of his services

I would respectfully ask you to do what the law itself would do if the accused were tried over again and that is to discharge him. The record shews that no crime was proved upon him. I send you the brief I prepared for Judge Wood It shews the exact state of the proof and the law of the case.

I would not obtrude this letter upon you, if I did not feel, that the Executive clemency ought to be exerted in this case. The accused it is true is a negro, but I feel assured that your Excellency will look at the great wrong which has been done, and not at his coler, when you are forming a conclusion in the matter.

Very Respy
yr obt srvt
N. Wolfe

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