George C. Rogers to Beriah Magoffin

Accession Number

KYR-0001-020-0624

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

MG18-456 to MG18-457

Place of Creation

Bowling Green, Warren County, Kentucky

Date of Creation

25 February 1861

Dates Mentioned

1861-02-25

--01-18

Bowling Green Ky
Feb. 25^th 1861
To his Excellency Beriah Magoffin
Governor of Kentucky

At the last term of the Warren Equity & Criminal Court, Rufus Jones was convicted of Manslaughter & his imprisonment find at four years. He was attending a social party in his neighborhood, on the night of the 18 January two years ago, where were gathered together some 40 persons — During the night he & others drank freely of liquors upon the ground & became intoxicated. Some difficulty occurred between him & Henry Jenkins. They got out into the backyard. Jenkins going at first & Jones following. Jenkins picked up a rock & said in substance d — n him let him come I'll mash his brains out Jones got out his knife, but they did not get together. Several of Jenkins friends & one of Jones' had their coats off. The excitement was somewhat quieted & Jones went up to Jenkins, laid his hand upon his shoulder & said Henry I have nothing against you, have always loved you as a brother & meant no harm — was only in fun — Before he closed this speech. Joseph Mitchell, a friend of Jenkins & an enemy of Jones, said to Jenkins say what you & I please you shant be hurt. Jenkins said it was a d-d poor way to show fun, exhibiting to Jones, under the promptings of Jo Mitchell, a disposition not to receive his peace offerings when Jones said if you dont like it you can help yourself & walked off — They met in against the d-d lie passed from both, & they again sep —
erated but in a few minutes Jones again came up to Jenkins and as Hanson Wilson proved, with the avowed object of renewing his offer & expression of friendship. Wilson proves he did so express himself in this last interview, while the other witnesses say they did not hear of it — Wilson proves in addition what the others also prove that Jones said if you have anything agst me you can help yourself & that Jenkins made the same reply. Wilson says that midway of these words Jenkins made a thrust at Jones & he saw something like a knife in his hand, & that as the thrust was made Jones shrank back, & then drew his pistol & fired — the shot proving fatal. Upon a former trial one of the Commonwealths witnesses proved that Jones shrank back, as described by Wilson, just before he shot, but upon this trial he did not state it. It was proved however by one of the former jurymen & by B. C. Grider that he did make the statement & by Judge Underwood & J. C. Williams that the statement was made but they could not name the witness. Jones received that night a most dangerous cut wound upon his abdomen. It was sewed up & dressed that night br D^r. J B Henry & also seen by D^r. Wright, both of whom testified that it was a dangerous wound, cutting to the bowel and must have been made by a thrust straight in — perpendicular to the body. According to Wilsons statements it was assuredly made by Jenkins when he gave the thrust & Jones shrank back before the shot & was the indusement to the shot. The Commonwealth attempted to contradict Wilson by proving he was not close up to the parties when the Killing was done but her own witnesses are as contradictory
of each other as to Wilson's position, as they are of the statement of Wilson, Some proving he was at one point & some at another. It would be impossible in a crowd of 15 or 20 or 30 persons, under excitement continually shifting their positions & in the night, to state with accuracy where a particular person stood — Each man could better fit his own place — Wilson swears he was just behind Jones when he shot & knows what he states — His testimony, corroborated in many strong points, makes it beyond all civil a case of self-defense. He is not contradicted in the facts he states, further than what some things he saw were not seen by others & if this could discredit a witness there there never was a trial when several witnesses were examined that some were not injured —

The jury returned their verdict at 12 oclock on the last day of the Court & the Judge adjourned the Court upon pronouncing the judgement, & there has been no opportunity to see the jurors upon the subject of a pardon — nearly all of them having been taken from the extreme borders of the county.

Jones is a young man just now entering upon his manhood, & against whom no charged had before been preferred. And now if you see him you will find him as simple-hearted, honest, kind & amiable as a child. he is an orphan boy, but of connexions the most respected in the county & very numerous. He then stands before you with his frank & honest & youthful face with a heart unused to crime, but not to grief. In a moment of mutual excitement & mutual wrong, it may be, but
without malice & without hate, he unfortunately slew his bosom friend, and bitter have been the tears which he has shed over that friends grave. He & Jenkins were raised in the same neighborhood — had been play mates & schoolmates in their childhood & boy hood & their hearts had grown together. This was so up to that very night — He never meant to kill him! Their families had intermarried & are now so closely associated that the shadow of his misfortune darkens the hearts of all. Could he be returned to them it would bind up the wounded hearts of them all, and the ancient unity & affection of the families be restored. Look well, we respectfully ask, upon all these facts. You Governor hold the destiny of this boy in your hands and can we not believe that your well known generosity & justice will bid him be free man still? He had no crime in his heart and now has only grief & mourning for the unintended act which deprived him both of his friend & his own happiness. May not his family & his friends — the hundred who sympathizes with him be gladdened by your executive mercy? It is their prayer!

Most Respectfully yr frd
&obt svt
Geo. C. Rogers

P. S. The notes of the testimony taken upon the trial by me are very full & will be handed you. I have not read them since & believe they are correct

G. C. R.

The facts stated in this paper were substantially proven & will I think be verified by an examination of the testimony

J. R. Underwood

Early Access is a work in progress. Help us improve our edition by suggesting a correction for this document.

Suggest a correction