Agin & Below et al. to Beriah Magoffin

Accession Number

KYR-0001-020-0403

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

MG18-124 to MG18-125

Place of Creation

Union County, Kentucky

Date of Creation

16 January 1861

Dates Mentioned

--10

1861-01-16

1861-01-17

1861-01-18

To his Excellency. Beriah M^cGoffin
Govenor of the Commonwealth of Kentucky }

Your Petitioners Alfred M^cGill & Bernard Smith doing business under the name and style of M^cGill & Smith. Thos. J. Below & M. Agin doing business under the style of Agin & Below & J. C. Meddley would respectfully state that they were at the last October term of the Union Circuit Court presented to the Grand Jury of Union County & said Jury found a bill against each and all of them for selling intoxicating licquors to a certain miner — George W. Berry. Now your petitioners state that said George W. Berry. although a miner is grown and has the appearance of an adult. Your petitioners Below & Agin state that they Know said Berry & that he is not of age and that they themselves never sold him or gave him any licqour at all after the late law regarding this subject took effict that if said Berry got any licquor from them he got it entirely without the consent or Knowledge of these petitioners and these petitioners cannot say how he came to get the said licquor Your petitioners M^cGill & Smith. state that they do not even Know said Berry and that neither of them Ever sold him any whiskey. but that their barkeeper one John Grant without the Knowledge or consent of these petitioners not Knowing perhaps that said Berry was a miner Judging from his appearance sold him the licquor once shortly after said law that your petitioners are law abiding men and that they do not infringe or break this law Knowingly if at all

Your petitioner J. C. Meddly states that he never in his life sold said George Berry any intoxicating licquors at all that said Berry applied to a little son of Your petitioner who happened to be alone in the bar room and that the child — about 12 years old Entirely ignorant of the law — sold him a drink of licquor & that your petitioner is obedient to said law and will not Knowingly violate and that it would be a great hardship on these petitioners and injustice if they should have to pay a fine for these violations of said law specified as aforesaid Wherefore they humbly pray your Excellency to quash said inditements and release your petitioners there from assuming your Excellency that it would be an act of pure justice as well as Clemency

Agin & Below
M^cGill & Smith
J. C. Meddly,

Thomas. J. Below says that the statements in the petion as far as they relate to himself are true.

Thos J Below

Subscribed and sworn to before me by Thos J. Below this 16^th day of January 1861.

Croml Adair N. P. U. C.

J. C. Meddly says he believes the statements in the foregoing petition as far as they relate to himself are true.

J, C, Medley

Subscribed & sworn to before me by J. C, Meddly Jany 17^th 1861.

Croml Adair N. P. U. C.

~~J. C. M~~^c~~Gill says he believes the statements in foregoing petition as far as they relate to himself are true~~.

M^cGill & Smith say that the statements in the petition as far as they relate to himself are true —

McGill & Smith

Subscribed and sworn to by M^cGill & Smith before me this 17^th day of Jany 1861.

Crom^l Adair N. P. U. C.

L. S. Berry says he is the father of the aforesaid miner Gorge H Berry. that he is grown & has the appearance of 21 years of age & likely to deceive one by his appearance for that age that he knows the petitioners whose names are to the foregoing petition thus are all of good character law abiding men and he states and verily believes would not Knowingly violate the law mentioned before=herein and that he has no disposition to have them prosecuted although he is the father of the boy as aforesaid and is as much ^opposed^ as any father can be that any one should Either give or sell his son licquor

L. S. Berry

Subscribed and sworn to before me by L. S. Berry this 18^th day of Janry 1861.

Crom^l Adair N. P. U. C.

Thos J. Below. Et. al
To } Petition
The Govenor. of Ky

Union Co

Indictments

~~Remitted~~
~~B. M.~~

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