H. Cox to Beriah Magoffin

Accession Number

KYR-0001-020-0612

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

MG18-441

Place of Creation

Carrollton, Carroll County, Kentucky

Date of Creation

23 February 1861

Dates Mentioned

1861-02-23

1860-11

--11

Carrollton Ky
Feb 23^d 1861
His Excellency Gov Magoffin

In November 1860 Lemuel Wilson and some other young men were engaged in two riots in our town Warrants were issued and in the absence of the Police Judge & Justice of the Peace.. I was called on to preside in the trial of the Cases.. The judgment against Wilson was that He should be imprisoned in one case 15 Days and in the other case 5 days= ~~he was also fined none of the others were~~ the finding of Jury against the others was for fine alone..

The evidence showed that Wilson was less guilty than some of the others.. And the reasons for the finding of the juries against him were that he had left after the warrant was served on him and was not present to aid his Council in the trial — I have also learned since that if Wilson had been present he Could have introduced testimony which would have gone fair towards his acquittal

He is a young man who is related to the Stoughtons of Frankfort.. and came here and engaged in the painting business.. He has no parents in kentucky or other relations except the Stoughtons

Taking all the Circumstances into Consideration I feel fully justified in saying to your Excellency that this is a case in which Executive clemency May be exercised without injury to the public interest and peace.. M^r Wilson has been in Frankfort ever since, he left Carrollton in
November last and I learn has conducted himself in a very orderly and becoming manner

Your Excellency is fully aware that if a young man is imprisoned it fixes a reproach upon him that cannot be easily removed.. And often causes Him to become reckless.. If Wilson should be imprisoned I fear that might be the result with him.. but ^if^ he is saved from that reproach.. the probabilaties are that he will become a useful Man.. Under all the Circumstances I feel fully justified in asking your Excellency to th remit the imprisonment of 15 Days in one Case & 5 Days in the other against him I would further remark that there have been a great many Cases tried before me in the last Seven years and I have constantly and persistantly refused to ask the interposition by executive clemency unless I was fully Convinced.. of that ~~it was~~ it was entirely proper and right and not calculated to reduce the respect due by every citizen to the Criminal and penal law.. for the Governor to interpose that power Confered upon him

But in this Case I can ask it knowing that none will be injured by it and that Wilson will be saved from the reproach of having been in jail and will become a useful man

Please give your attention to this request and believe me ever

Yours H. Cox.. Judge of the County Court

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