John S. Nixon et al. to Beriah Magoffin

Accession Number

KYR-0001-020-1450

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

MG22-12 to MG22-15

Place of Creation

Kenton County, Kentucky

Date of Creation

10 October 1861

Dates Mentioned

--09-10

1861-10-10

1861-10-14

< N^o 1. >.
To His Excellency
B. MaCgoffin
Governer.

The undersigned wuld respectfully beg leave to represent to your Excellency that at the late term of the Kenton Circuit Court two indictments were returned against William Nichols by the grand jury accusing him of cutting and one G. W. Duffey and one Reffert with intent to kill them. Upon these two indictments the said Nichols was tried by the Same jury and at the Same time and found guilty, and the jury fixed his punishment at one year and six months in the penitentiary in each case; and Sentences and judgements were accordingly pronounced. The following is a brief statement of the facts as shown upon the trial.

The cutting and stabbing took place about the 10^th of September. Some four or five days before that time, the prisoner had in consequence of his wife harbering about his house a woman named Finn, a difficulty with her (his wife) and had therefore been boarding away from home. On the evening of the cutting he had returned to his house to give his wife his week's wages, which he did. He then
left the house— In a short time after, Duffey and Reffert came to his house, as they stated on the witness stand to see the woman Finn They came in the evening after dark or about "candle lighting" went in and the front part of the house was locked up It was further shown that soon after they were in, they were asked to drink by M^rs Finn or M^rs Nichols — that they drank what whiskey there was in the house and then the woman Finn and Riffert took a pitcher, went out a bought more. — that shortly after they, Duffey & Riffert went in there was dancing and singing & drunken revelry heard in the house so as greatly to disturb the neighborhood (being Bush street in Covington) which continued Some two or three hours. At the end of this time Nichols was seen to go to the front door and try to open it. Finding it locked he looked in at a front window, hesitated, then went and looked in at a side window. He then went round and entered by a back door. Duffey and Riffert say they were assaulted before they knew there was any one present but the two women & the children, and of their own knowledge could not state who cut them. other witnesses stated that when they went in, which was
immediately after Nichols they found him with a knife a sword in his hand some 18 inches in length, and the two men on the floor. The woman Finn was not a witness on the trial. Duffey had a severe cut on the side of his face and Riffert on his wrist— both also had some slight cuts in other parts. The wounds of neither were from the first, by the attending physicians. considered such as to endanger life, and both are now nearly convalescent. — It was shown that the prisoner was so deaf as to be able to hear nothing of ordinary conversation. The witness gave him an excellent character; — that he was always as an industrious quiet and inoffensive man. The witness Duffey, most Severely injured was shown, and by the Commonwealth's attorney, admitted to be a man of notoriously bad character; a convicted keeper of a house of prostitution of which his wife and daughter were intimates — that his business was that of a keeper of a house of ill=fame. Riffert, being from the country, his character was not shown; but he states that Duffey was his friend and associate

In view of the foregoing, and the fact that the prisoner's helpless family of three little children (the eldest but seven years & a cripple) are entirely dependant on his daily labor for their
subsistance the undersigned believe this to be a case, preeminently appealing to the Executive clemency. We would therefore pray that your Excellency would grant the said William Nichols a full pardon releasing him from further confinement under the sentences and judgements aforesaid.
10^th Oct '61

John S. Nixon
James Ayars, Jr.
James B. Gray
Chas, G Wallace.
J. G. Carlisle
A, C, Ellis
A, H, Herod
W^m H Wood

John M. Casey
R. Richardson
J A Goodson
Jno E Hamilton,
Clinton Butts

From what I have heard of the circumstances (I did not hear the trial.) I am free to state that my ideas of true courage incline me to the belief that Executive Clemency in the above case will not be misplaced.

C H Mooar

I concur in the Prayer of Petitioner

R K Sumerwell
R Simmons

I saw the man, but did not hear the trial Nichols wife says he is a good man, and she wants him at home to help take care of the children, and that she cannot do it, The gentlemen who have signed the above petition would not sign a petition they did not wish and believe should succeed, I hope you will remember the mans poor children and the chilling blasts of the coming winter when you read the petition

John F. Fisk

< N^o 2 >.

To His Excellency
Beriah MaCgoffin,
Governer.

The undersigned citizens of Covington Ky. respectfully pray that your excellency would grant to William Nichols, now confined in the Penitentiary at Frankfort a full pardon and remission of the convictions and sentences under which he is so confined, being for the cutting and stabbing of one G. W. Duffey and one [ ] Reffert. The undersigned have known said William Nichols, most of us for many years, and all of us have always known and regarded him as a peaceful, industrious and quiet man— and we believe that the said charge is the only one of a criminal nature ever made against him. He has a family of little children entirely dependant on his daily labor for support and on their account, as well as his own, we ernestly pray that the Executive clemency may be interposed in his behalf.

John Hogan
H Boleker
James Farrell
T [Smith]
F. Furner
Henry Moore
Caleb. Broomall
Hathen Farrell
James Gray

Andrew Hogan
Samuel Hodgetts
James Wilson
Edward M^cClannan
G B Connely
W, J, Hyde
N -- Mohan
Ch Christ
Denis Maher

Reuben Jenkins
Rich^d[...]
Samuel Downes
Thomas Price
H Spenneberg
D Hayer
Jos Broomall
F, H, Bratherna
Pritchard currier
Wm Dawton
Johan Jacob
L, M, Rees
W^m Collopy
George B[...]
P Terpel
S. Shnepperring
H Adams
Barney Macke
B H Dresman
David Lewis
John Hutton
B Dunkey
James Murphy
isis Johns
A J Francis
Abraham Abraham
Joseph Howell
Thomas Davies
anthony Powers
[...][Droge]
Joseph Bogenschütz
John Wegness
Evan Evans
R Bell
martin M^cGrain

D H Montgomery
[...][Littmann]
W. Chanington
B, Davis
Jinkin Edwards
David Daniels
Samuel T Barnes
W^m P. Vaughn
Price Jones
[...][...]
Thomas Jones
Anthony Elb
Cha^s Dawten
David Price
Thom Burns
philip Davies
James Downton
Johann Fischer
Loranz [...]
James Walsh
Seth Williams
Thomas Hicks
Y G [...]
Thomas E Reese
H, [Fry]
Theodor Hurst
Clemens [Siemer]
H[...] N[...]
Bernad Wenters
Hinrch Siemer
[...]
W [...]
L M, Wilcox

Frank. Hone
Timothy Hennesy
James Donovan
A, P, Harrison
E. Hill
J. Storse
[...] Gronfeld
F F, Dickmann
Garrat Shülters
Johan Borghes
Hermon, [...]
Christian Geestreich
John Evans
Nich^s Keating

This is to certify that I ~~have~~ am Book Keeper at Licking Iron Works where W^m Nickols has worked for several years; that I have known him for nearly three years, and have always considered him an industriuous and steady man; never having known him to be engaged in any serious difficulties, or fights, until the affair, for which he has been sentenced, I know most of the men who have signed the within petition, They are citizens of Covington; most of them operatives in the Mill, who, knowing the inofensive charaster Nickols has always sustained, feel that, if the facts could be brought to the notice of Governer MCaGgoffin, their former comrade and friend might, by the exercise of the executive clemency, be restored to them,
Oct, 14th 1861

L, M, Wilcox

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