Ephraim L. Van Winkle to Beriah Magoffin

KYR-0001-020-0896.xml

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Accession Number

KYR-0001-020-0896

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

MG19-411 to MG19-412

Place of Creation

Somerset, Pulaski County, Kentucky

Date of Creation

29 March 1861

Dates Mentioned

1861-03-29

1862-07-26

Ephraim L. Van Winkle to Beriah Magoffin, 29 March 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG19-411 to MG19-412, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0896, (accessed April 25, 2024).

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Somerset Ky
March 29^th 1861
Gov Magoffin
Dear Sir

There is an Indictment pending in the Lincoln circuit court against Adam- Harper & others upon a charge ofthe murder of Rowsey Some fifty men were concerned in the matter & the best men of Lincoln county at least many of them, The man killed was perhaps the worst outlaw in America, in fact he was a perfect Hyena this I know of my own observation, The only difficulty in making a defense arises from the fact that the man hung was at the time in prison and could have done the parties to immediate harm, they how ever had reason to believe that he would be bailed out in a few days, which from the Known character of Rowsey filled the whole country with terror as he had denounced venge^a^nce against the neighborhood, which afterwards mobbed him --
The community generally altho condemning lawless violence, desire ^that^ the parties concerned in the mob, of Rowsey, should be discharged, I cannot well see how a conviction can be had against them besides it would be revolting to humanity to punish a whole neighborhood with death, many of whom have been and yet are the best men of the country and to make discriminations would be not only unjust but absolutely would be productive of far greater evils than a discharge of the parties,, After a careful survey of the whole matter I am forced to the conclusion that a pardon of all Indicted would be right and proper & that If such is the action of the executive to be used or operative after a nolesprosequi is entered, I will dismiss the Indictment, at which time the pardon can be filed by the counsel of the defendants, It occurs to me that the pardon should be signed ~~before the~~ and its delivery made upon condition of the dismissal by the atty for the commonwealth
I am satisfied that such a course would meet with the approbation of the whole Country. I never yet have met a man who is willing that the parties should be punished with death -- I submit these suggestions chiefly from a desire to relieve the country from a prosecution which I am sure cannot continue without bringing worse evils than such as will arise from a single instance of escape from the penalties of a violated law by Executive interposition,

Yours Truly
E L VanWinkle
Atto comth 6^th Dist

Lincoln Cir Ct
Indictment
vs.
Adam Harper & others
Pardon Iss^d
July 26^th 1862

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