James R. Hallam to Beriah Magoffin

Accession Number

KYR-0001-020-0639

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

MG18-483 to MG18-484

Place of Creation

Newport, Campbell County, Kentucky

Date of Creation

11 February 1861

Dates Mentioned

1861-02-11

1859-09

1861-02-15

Newport Ky
Feby. 11. 1861
His Excellency
Beriah Magoffin
Governor of Ky
Dear Sir,

At the August Term 1859, John J. M^cFall, then a Justice of the Peace in Cincinnati was convicted in the Campbell Circuit Court of the offense of Solemizing a Marriage without authority, & fined $150, & sentenced to one month's imprisonment The case involved a question of concurrent jurisdiction of the States of Kentucky & Ohio over the Ohio River, & was taken to the Court of Appeals & the judgment affirmed by that Court It is Reported in 2^d Metcalfe

In taking the case to the Court of Appeals McFall executed a Supersedeas Bond with F. Stagaman, one of our ~~substantial~~ ^very clever^ citizens as surety.

The Marriage was celebrated on the Ferry Boat in the Middle of the Ohio River, & it was in proof that Justices in Ohio were authorized by the laws of that state to solemnize marriages within her jurisdiction. M^c
Fall's conviction has had the effect to stop the solemnization of ~~such~~ marriages in that place by Cincinnati Justices

Since then M^cFall has ceased to be a Justice & is ^now^ unable to pay the fine, & is besides on the other side of the Ohio river & cannot be reached. His security Mr Stagaman has been sued on the Supersedeas bond, & will be the only sufferer, unless your Excellency will interpose. He is bound for the $150 & $2 per day for each day of the imprisonment besides the Costs of both Courts.

I beg to suggest that the payment by Mr Stagaman of the per centage of the Commonwealth's Attorney & the costs of the two Courts, will be hardship enough for Mc him, under the circumstances especially as it is all dead loss to to him, & I therefore request you for him to remit to M^cFall. the imprisonment & such portion of the fine as your have authority to remit, if your sense of public duty will permit you to do so.

Were M^cFall within
reach of the process of the Court, I would not ask this at your hands, but let him suffer, unless he could make out additional grounds for the iterposition of the Executive, but on Mr Stagaman's account, who is a very worthy man I do make the application. I was counsel for M^cFall both in the circuit Court & Court of Appeals.

Perhaps it is as well to mention, that the suit on the Supersedeas bond will be heard on Friday next, the Court being now in session. Should your Excellency be disposed to act favorably on this application the remission can be forwarded to me at this place.

Very respectfully
your ob^t serv^t
James R. Hallam

I believe the foregoing statements are correct and that Mr Stagaman is a worthy object of Executive clemency

W. E. Arthur
Atty for Com'th

Campbell Cir. ct
$150 & 1 mo imprisonment
Jno. J. M^cFall
Remission Iss^d
Feby 15. 1861

Remitted
B. M.

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