Elizabeth Tincher and Mary Tincher to Beriah Magoffin

Accession Number

KYR-0001-020-0459

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

MG18-218 to MG18-219

Place of Creation

Flemingsburg, Fleming County, Kentucky

Date of Creation

5 January 1861

Dates Mentioned

1860-10-29

1861-01-05

1860-11-10

1861-01-11

To His Excellency Beriah Magoffin the Gov — of the Commonwealth of Kentucky —

Your Petitioners, Mary Tincher, Elizabeth Tincher, & Parker Setters would most respectfully ~~report~~ represent that sometime since a little girl of James Setters about 11 or 12 years of age uttered & circulated a false & scandalous report of, & concerning your Petitioner Mary Tincher in these words "That Mary Tincher had slept with a negro man in the barn of one her neighbors," & feeling very indignant at the report, & whilst laboring under the excitement of the moment, met the little girl on her way from school, (where she had circulated the report,) & in a moment of haste she moderately chastised the girl with a very small switch, which greatly provoked the parents of the girl, & caused them to exagerate & excite much pejudice against her, by which they caused her to be apprehended under a warrant of arrest, for a breach of the peace, & brought to trial before a Justice of the Peace & tried by a Jury She was fined $30,00 & $8.75 cost, & being unable to pay the fine, she, to prevent being put to Jail, with great difficulty replevied the same for three months, by excecuting bond with your Petitioners, Elizabeth Tincher & Parker Setters her security, bearing date on the 29^th day of Oct 1860 — They state that the said Mary Tincher is a poor fatherless girl, about 186 years of age, living with her Mother one of your humble Petitioners, who is a lonely ~~widow~~ widow, without
means, or property, & is wholy dependant on her labor for support, & that your Petitioner Parker Setters is also very poor, & was only induced to become the security to keep the said Mary from the custody of the law — She is very sorry that she broke the Peace, & would not have done so, but for the excitement of the moment —

Wherefore they believe the circumstances of the case present strong considerations for the interposition & clemency of your Excellency to remit said fine, except fees, & cost: & they pray that the same may be remitted, & in duty bound will ever pray —

Elizabeth Tincher
Mary. Tincher

Sworn to before me by Elizabeth and Mary Tincher this 5^th Jany 1861

Cha^s E Johnson
Examiner Fleming County

I hereby certify that I presided as Justice of the Peace in trying the foregoing mentioned cause of action and believe the [...]Statement Setfourth to be correct Given under my hand the date ~~thedate~~ above written

Hiram Wallingford J, P, F, C

Flemingsburg Nov 10^th 1860
Hon: B. Magoffin
Dr Sir

I have no personal Knowledge of the facts stated in the foregoing petition, and can only say that they are females and very poor and it will induce more want & privation to require them to pay the fine than any public good will come of requiring it paymt I therefore concur in the wish that your Excellencys remitting the same

Your fnd
L W Andrews

I concur with Mr. Andrews in his statements

L. M. Cox

I know nothing whatever of the facts of the case did not hear the trial and can only Say as the girl fined is an orphan poor and dependent on her labour for Subsistance I conceive it a proper case for Executive interposition and hope your excellency may concur in remitting the fine

Wm S Botts.

N. B. If the fine be remitted please inclose to my address & oblige.

yours Repy
Tho^s L, Given —

Fleming J. P.
Respite 12 mos
B. M
Is^dJany 11. 1861
$30,
Mary Tincher

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