J. W. Menzies to Beriah Magoffin

KYR-0001-020-0813.xml

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Accession Number

KYR-0001-020-0813

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

MG19-278 to MG19-279

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

26 March 1861

Dates Mentioned

1861-03-26

1861-04-11

J. W. Menzies to Beriah Magoffin, 26 March 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG19-278 to MG19-279, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0813, (accessed December 21, 2024).

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Covington Kentucky
March 26. 1861
Governor Magoffin
My Dear Sir

I write in behalf of James and Thomas Fitsgerald who have been convicted at [...][...] term of our Court for shooting without doing injury and ordered to six months confinement in the County Jail and to pay $100 apiece I ^do not^ believe that they shot at all. They were trying to dispossess a tenant and undetook to force their way into the house in order to serve a notice, and behaved badly and have been punished a good deal already and ought to pay $50 each, of the fines. Upon a subsiquent trial of an Indictment against one of them for carrying the pistol, the other testified against the two witnesses of the Commonwealth, and the Jury could not agree. I am not in the habit of signing petitions to your Excellency, and would not write this, if I did not sincerely believe, that those men were no further guilty than as above suggested. M^r Arthur, who has conduced to discontinue the case in which the Jury disagreed, will add a postscript.

Very Resptflly
J. W. Menzies

P. S. accompanying this is a statement of Jurymen

J. W. M.

<< I send you one of the shot which was said to have been sent by the pistol through a pane of glass and lodged within 2 feet of the window on a table >

I am of the opinion that the fine is sufficient punishment and that the imprisonment might properly be discharged. Mr Menzies is mistaken in his statement in the foregoing petition that I have concluded to discontinue the Indictment against one of the Defendants as to which a Jury disagreed, I have, however, that step under advisement -- this note is written at the request of Mr Menzies

W. E. Arthur
Atty for Com'th

Since writing the foregoing, I have seen eight of the Jurors -- 4 of whom wished the imprisonment and half the fines taken and 4 were for retaining the whole of the fines. The other 4 I could not see conveniently and did not see them. I will remark here, that men were fined ten dollars each for injuring property, that is breaking the pane of glass. They are worth worth nothing but 17 acres of land 3 ¹/₂ miles from Covington= $1200. subject to a bona fide mortgage of about $800, and a note on a good man for $200, I believe that they are honest men.

Resptflly
J. W. Menzies

I cheerfully concur in the foregoing petition I heard the testimony about the shot

Jno. W. Finnell

Kenton Cir. Ct
To Gov. Magoffin

Remitted as to imprisonment & respite fine 6 mo^s

B. M

Shooting
James & Tho^s. Fitzgerald
Iss Apr 11. 1861

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