John McDonald to Beriah Magoffin

KYR-0001-020-1152.xml

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Citation
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Accession Number

KYR-0001-020-1152

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

MG20-303 to MG20-304

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

21 June 1861

Dates Mentioned

1861-06-21

1860-06-01

1861-06-24

1861-07-02

John McDonald to Beriah Magoffin, 21 June 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG20-303 to MG20-304, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1152, (accessed December 22, 2024).

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Covington Kenton County June 21, 1861
To His Excellency B Magoffin Governor of Ky,

Your Petitioner represents that at the present term of the Kenton Circuit Court he was fined in the sum of $50⁰⁰ for selling liquor to a miner. He represents that all the proof in the cause was that of one witness, he apparently over 21 yrs, of age, who stated that on one occasion he had bought liquor of your petitioner but could not tell when it was. He represents that the witness' age can not be reasonably determined his own father being unable to give his age. & further that the father of s^d witness had immediately after the Law went into effect authorised your petitioner to sell to the s^d witness, but could not write your Petitioner represents that he is a law abiding citisen and does not object to the law believing it to be a good one, He has been long a keeper of a tavern and has never before been called to account for his acts. He is of opinion that he sold no liquor to witness or any other minor during the time, is always careful to follow the law with strictness. He asks that the s^d fine be remitted as an act of justice and commendable
clemency.

John M^cDonald

Ben. Ballen the witness in the above cause is my son, I did authorise the Petitioner to sell him liquor when required by him as he had been in the habit of drinking occasionally before the law went into effect, and have no objections to his selling it to him, His statements about his age ^as proven^ are correct.

Ben,, ^his X Mark^ Ballen
C. Brossemer J^r witness.

We certify that we understand and believe that the statements above are correct, that we are satisfied there are ^strong^ doubts about any offence having been committed, that the witness is illiterate and as we believe not fully to be relied on in his testimony in this cause In fact he did not fix the time of the sale of liquor definatly within the time since June 1^st 1860. We think this case eminently worthy of the interference of executive clemency, and hope the prayer of the Petitioner will be granted. The Petitioner is & has been ^for nearly 30 years,^ a law abiding citisen & the fine to him seems appressive

C H[...]

I am well acquainted with Petitioner, and know he has kept a well regulated store in Covington for more than ten years, and I have never before known to to be charged with violating the License Laws, and do not believe he has in this case violated the law, only that he sold the boy the liquor on a verbal instead of a written permit. I think the fine ought to be remitted

John, F, Fisk
J. G. Carlisle
S. C Perrin

I have known the petitioner for many years- he is a clever upright man but I know nothing of the facts on which his present application is based-If the prosecuting Attorney thinks it a meritorious case I shall cordially join in its remission

J. W Stevens & C

It would be an amiable act of mercy in in Governor to grant the prayer of the petition

W. E. Arthur
Atty Comth

I have known M^r M^cDonald for nearly twenty years, and believe he has during all of that time, been a law-abiding citizen. He has had license for many years and has always kept an orderly House. June 24, 1861

J. W. [...]

I most heartily concur in the above Statements & trust that the petitioner may meet with Executive Clemency. June 24^--1861,

B W Foley

Kenton Cir. Ct

Jno. M^cDonald
Petition

Remitted
B. M
$50. } Selling liquor to a minor
Iss^dJuly 2. 1861

12230
[...]920
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