John Rodman and Thomas N. Lindsey, Affidavit

Accession Number

KYR-0001-020-1167

Document Genre

Legal/Financial

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

MG20-326 to MG20-327

Date of Creation

13 June 1861

Dates Mentioned

1861-06-13

We are asked to give our recollection of the Substance of the Testimony in the case of the Commonwealth against Washington ~~Wiegert~~ Eblin now confined in the Penitentiray —

It was proved that M^cCardy the deceased was standing at the corner of Montgomery and St Clair Streets hollowing "hurrah for Todd" ~~Wiegert~~ Eblin who was very drunk cried out hurrah for hell Each continued to hollow until ~~Wiegert~~ Eblin fired his pistol at M^cCardy and shot him I have had no quarrel nor unkind feeling between them according to the proof

It was proved by Robt Brauner and several others that for Several years ~~Wiegerts~~ Eblins mind was evidently affected. In their Judgment he was crazy at the time of the killing

It was shown that Wiegert had no arms on him when he first approached M^cCardy Eblin ~~Wiegert~~ asked for a knife and a man named Mershon handed him the Pistol with which he shot M^cCardy — We Petition the Gov^r that he be Pardoned
June 13. 1861

Jno Rodman
Tho N Lindsey

We the undersigned members of the Frankfort bar unite with Jno Rodman & T M Lindsey in their petition

W. H. Sneed
S. Hord
Chas G. Craddock
D. W. Lindsay Jno M Harlan

I defended Eblin, and remember the evidence of Brauner and Wiegart particularly- which showd to my mind most clearly that Eblin was and had been a cracked man too crazy to be the subject of punishment. If I remember there was little or no evidence of his sanity, except he was a good hand to work, and fair in his dealings

A. J. James

I think ~~the~~ that Eblin ought to be Pardoned under the circumstances.

J. Harlan

The statements made above are pretty much as I now recollect them to have been made by the witnesses at the time — with the exception of the fact that the [snatched] the pistol from Mershan instead of it handed to the prisoner by Mr M — I heartily join in the prayer for his pardon

P. U. Major comth
Atty prosceuting the case

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