David Forst to Beriah Magoffin

KYR-0001-020-0712.xml

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Accession Number

KYR-0001-020-0712

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

MG19-108 to MG19-109

Date of Creation

7 February 1861

Dates Mentioned

1860-01-07

1861-02-07

David Forst to Beriah Magoffin, 7 February 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG19-108 to MG19-109, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0712, (accessed December 22, 2024).

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To His Excellency Beriah Magoffin
Governor of Kentucky

Your petitioner, David Forst, a citizen of Louisville, respectfully states that on the 7^th day of Jan'y 1860, he was tried upon an Indictment for an assault & Battery alleged to have been committed on Elizabeth Lidel in the City Court of Louisville and his fine to the Commonwealth of Kentucky assessed by the Jury at the sum of one hundred dollars.

Your Petitioner states that he was not guilty of the assault complained of, and that the Battery or injury to the prosecuting witness Elizabeth Lidel was the result of the said Elizabeth Lidels having attacked your Petitioner's wife & servant and in actual defense of the same: that your petitioner was unable to show this fact to the Jury which tried the case, as the difficulty occurred at a very early hour of the morning within the interior of Your petitioner's dwelling-house and before persons were passing on the street.
That the attack was sudden & without noise sufficient to arouse others until after the fight between your Petitioner & said Elizabeth Lidel had commenced; that the statements of said Elizabeth Lidel were corroborated by one person only, who saw the difficulty after the same was commenced & at the distance of about one half of a square. Your petitioner would also state that the witness Elizabeth Lidel was a servant girl of Your petitioner & occupied the same building in which the attack was made; that the injury received by Elizabeth Lidel were slight and that your petitioner felt justified in defending his wife & servant, for the reason that said Elizabeth Lidel was a larger and heavier woman than either the wife of servant of your petitioner and because she also attacked your petitioner with violence & abusive language as soon as he came near his wife & servant. Your Petitioner states that he is a coffee-house keeper of moderate means and that owing to the present financial crisis it is almost impossible for him to pay his license and sent of business
house much less support a wife and [ ] children who are dependant upon him for their daily bread.

Wherefore, with a full consciousness of being innocent of all criminality whatsoever, in the premises, Your petitioner prays that Your Excellency will remit said fine, and this, as in duty bound, he will ever pray.

State of Kentucky
Jefferson County

And Your Petitioner, David Forst, says that the above statements are true

David Forst

Sworn to before me this 7^th day of Feby 1861.

A Maas N. P. J. C.

We, the undersigned, citizens of the City of Louisville, would most respectfully unite with the petitioner, David Frost, in the prayer of his petition-

J. A. M^cFaree
John Williams
C. K. Fairfax
Jeff Brown
T. H. Crawford
W K Thomas
J. H. Price
A. M. Gayley,

O H Strattan
H. S. Johnston
Jno W Allen
Chas H. Harris
Barrett Mullikin
Robert F. Baird

John Enlow

Frank B. Jones
G. W. M^cCauley

I know the Petitioner who is a very quiet peaceable man of verry moderate means.

The case was submitted to the Jury mainly on the Testimony of the prosecuting Witness, who was German servant girl in Employ of Petitioner; He has always asserted & Still Insists that the difficulty originated from abusive language given by Witness to the wife of Petitioner

The proof did not show that any Injury was Inflicted & that the assault consisted in Petitioner taking hold of Witness Shaking her & pushing her out of the door --

Geo. W. Johnston.

I concur in the above and as times here are very hard I think the remission of the fine would be right & meet the approbation of all who know the Petitioner

R. H. Rousseau
W^m J Heady

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