Theodore H. Daviess to Beriah Magoffin

Accession Number

KYR-0001-020-0442

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

MG18-188 to MG18-189

Place of Creation

Harrodsburg, Mercer County, Kentucky

Date of Creation

10 November 1860

Dates Mentioned

1860-10

1860-11-10

1861-01-15

To His Excellency
The Governor of Kentucky.

Theo H Daviess respectfully states that on the [ ] day of Oct 1860 he was by the Judgment of the Police Court of Harrodsburg fined twenty five dollars, and on the [ ] day of Oct 1860 by the Judgment of the Presiding Judge of the Mercer county Court he was fined the further sum of thirty dollars — Both cases arose from the same difficulty — In both he was fined for an assault upon one W. S. Read — He was led to make the assault for what he considered and believed at the time to be outrageous and improper treatment of his infant son six & a half years old — He acted upon statements made to him by his children, which statements were corroborated by the children of my friends and neighbors — Both assaults took place the same day, and in neither instance was any bodily injury inflicted —

Upon the trial of both cases evidence of the manner in which his said infant son had been mistreated by Read and of the circumstances which led to the difficulties was excluded from the Jury bey the Presiding Judges; and
although such evidence might not have presented a justification in law, a state of case would have been made out on my behalf which, under all the circumstances, would have authorized the jury in finding a nominal verdict —

I may have acted too hastily; but believe that I acted as every father attached to his children would have done under the aggravation which I believed existed — With no disire to violate the laws I felt it to be my duty to vindicate the rights of my children and prevent a repetition of the outrage —

I respectfully ask your excellency to remit the state's portion of both of said fines —

Theo H Daviess

subscribed and sworn to before me by Theordore H Daviess This 10^th November 1860

James Harlan Jr
Judge Police Court of Harrodsburg

The undersigned citizens of Mercer County respectfully unite in the prayer of the foregoing petition for a remission of the fines against Theo H Daviess —

Chr Chinn
Ben C. Allen
Tho Allen
J W Cardwell
J. B, Bowman
Jas, E Thompson
J A Thompson
W^m L. Vance
T. W. Foster
Tho^s C. Coleman
J A Foster
W, A, Bronaughe
Ja^s D. Smith
J. Newton Prather
R. P. M^cGrath
C M Tucker

Nimrod Harris
C. C. Smedly
S, S, M^cFatridge
James D. Hardin
W W Handy
H S M^cFatridge

Harrodsburg Po Ct
$25
Tho. H Daviess

Respite 12 mo
B. M

Iss^dJany 15. 1861

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