A. W. Burton et al. to Beriah Magoffin

KYR-0001-020-1364.xml

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Citation
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Accession Number

KYR-0001-020-1364

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

MG21-298 to MG21-299

Date of Creation

17 June 1861

Dates Mentioned

1861-06

1861-06-17

1861-09-16

A. W. Burton et al. to Beriah Magoffin, 17 June 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG21-298 to MG21-299, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1364, (accessed May 15, 2024).

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To his Excellency
Honorable Beriah M^cGoffin Governor of Kentucky

Your petitioners citizens of the counties of Kenton and Boone, state of Kentucky, respectfully sheweth to your Excellency, that at the recently held June term, of the Kenton Circuit, the Grand jury for said County of Kenton indicted Oscar A Tayler, for the offence of carryingconcealedweapons At the trial of the verdict before the [Petitt] jury, the evidence conduced to shew, that the Defendant, Taylor, had drawn a small, single barrelled pistol, upon Ephraigm Richards, one of the witnesses, who had had Taylor previously arraigned before a Magistrate, for an attempt to shoot Richards, the Magistrate, putting Taylor under bonds to appear at the Circuit Court, of Kenton County, at its next regular term, The Grand jury failed to indict Taylor for the offence as charged in the original complained, although Richards, the prosecuting witness, testified before that body, but did find an indictment against him as stated above, Testimony adduced on behalf of defendant at the time of Trial of the indictment, tended to shew, that Taylor had been informed by one Grubbs, that he, Grubbs, had reason to believe, that Richards, the prosecuting witness, and one Lymonds, were meditating an attack on the Taylor, the Defendant, whereupon Taylor borrowed of witness, the pistol, for the carrying of which this indictment was found, the pistol being identified by witnesses, as the one loaned by Grubbs to Taylor, and by him drawn upon Richards, and for the carrying of which this indictment was found, and upon the trial of which, the [Petitt]
brought in a verdict of Guilty, and assessed the fine at Fiftydollars, friends of Defendant, replevying the same for three months, Your petitioners believe, that said prosecution was malicious, that the verdict was not in accordance with the testimony, nor warranted by the circumstances, attending the case, and that both, were oppressive and unjust, The Defend, Taylor is poor, and totally unable to pay said fine [unless] assisted by his friends, and having but recently come amongst us although having made friends, who were willing to become his surety upon his bail, and replevine bonds, yet we think that it would be too far taxing their generosity, to ask, or expect them to discharge his fine, We believe that the paramount object of penal laws, viz the prevention of offences, and the protection of society, would be defeated, rather than promoted, by the inforcement of this judgment, Your petitioners make this appeal to your Excellency on behalf of a poor Sojourner amongst us, who, as we believe, has been guilty of no offence against the laws of the Commonwealth, or the morals of Community, Your petitioners, therefore pray your Excellency to remit said fine, thus again vindicating the fair fame of our Common state, and glorious old Commonwealth of ^the^ charge that her penal statutes are engines of oppression, and not conservaters of public good, but extend ^the^ aegis of their overshadowing protection were "her humblest, as well as her most exalted Citizen An abiding confidence, in the wisdom of your Excellency's judgment, said generous impulses toward the
the unfortunate, whereever found, emboldens your petitioners, to ask at your hands, what we conceive" to be nothing more than a simple act of justice as in duty bound your petitioners shall ever pray

June 17^th 1861

A, W, Burton
J. M. Stansifer
J. M. Corbin
Lewis L Yowell
Reuben Conner Esq --
C. H. [Yowell]
B. F. Yowell
Taylor Carpenter
L B Stephens
Harrison Booth
Samuel Dobbins
W^m L Lancaster
Samuel Rector
J C Byland
Nathaniel Rector
H Bannister jr
J Carpenter
T J Lancaster
J M Fraser
R C Green
W^m C Pratt
J. M. Blackburn D. C

W. G. Stansifer
H Clay White
W H Barker S B. C
N,, E. Hawes
Washington Watts
M. Hamilton
Churchill Clese
J. G. Hamilton
E Fleming Vawter
Benj Sandford
Edward Paulson
Sam Cowen
H P Crisler
Jno. H. Stevenson
Jon Graves
Jno Hawes
L M Sanders
W. B. Riddell
S. B. Owens
W Y Crigler

Kenton Cir. Ct

Remitted
B. M

$50 } Weapons
Oscar A Taylor
Iss^dSept 16. 1861

6th Vine St

251 [Paris]
[...] 8 & 9^th
left and [...] 3 door below 9^th

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