William H. Burns to Beriah Magoffin

Accession Number

KYR-0001-020-0737

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

MG19-147 to MG19-148

Place of Creation

Stanton, Powell County, Kentucky

Date of Creation

9 March 1861

Dates Mentioned

1861-03-09

Stanton Powell Co Ky
His Excellency Beriah Magoffin
Dear Governor

you will receive a petition from a part of the citizens of this county including the Jury who tried the cause, to remit all of a fine of $200, inflicted Except the prcent of the attorney for the commonwelath, inflicted on J R Johns of this place by a Judgment of the Powell Circuit Court at its present term, on a charge of suffering gameing on his premises, feeling convinced that the case of Mr Johns merits Executive interposition, I feel it to be my duty to give you its history, the proof on the trial Showed that Mr Johns steped into our out house on his premises, where two young man were playing cards. So fare as the proof showed for amusement only. Mr Johns was intoxicated, Said somthing to the boys about playing cards, when one of them remarked he could beat him for five cents a game of three up, the bet was made and they plaid three or fore games Johns winning each time, until he was 20 or 25 cts, which he took up as he won, when the game closed, he handed back the yong man the money he had won, Saying, he was not in earnest in the bet, the yong man Said he was, on this proof they Jury under the instructions of the court, rightfully inflicted the least fine on him, and the court could not interfear, here was an act that was on his part, without the intention it should
by a violation of the Law, he has promised to never play at cards agane if they Jury would petition your Excellency to releive him as fare as it is in your power to do so, which they have done, and he here reiterates that promis to me, which his neighbors thinks he will keep, as the Law is designed to reform the wicked? is not the percent of the attorney of the state $60 & the costs, that he must pay, and his promise of good conduct in future an ample Satisfaction to the public for his offense, and punishment enough for him, to remember in future, that the laws must be respected and obeyed, beleiving Sir it is, and that he is a man of too much honor to violate his promis Solemnly made to the Jury my self and his neighbours, with due difference to your Superior Judgment in the premises, I hereby recommend him to your Excellency, to be remited of said penalty as fare as your Excellencys constitutional power and sense of duty will warent, your obedient Servant. March the 9th 1861

W^m H. Burns Judge of the 11th Judicial District of Ky.

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