Azro Dyer to Beriah Magoffin

KYR-0001-020-1587.xml

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Accession Number

KYR-0001-020-1587

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

MG22-227 to MG22-228

Place of Creation

Calhoun, McLean County, Kentucky

Date of Creation

22 November 1861

Dates Mentioned

1861-11-22

1859-03

1859-09

1860-03

1860-09

--03

--09

--08

1861-12-18

Azro Dyer to Beriah Magoffin, 22 November 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG22-227 to MG22-228, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1587, (accessed April 19, 2024).

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Calhoon Kentucky
22nd November 1861
To his Excellency Gov Magoffin
Frankfort Ky.
Dear Sir,

There is a case on the docket of our McLean Circuit Court to which I ask your attention for a few moment. It is ~~the~~ a case of Commonwealth against John Baggett for murder. An Indictment was found against him at the September Term of McLean Circuit Court in 1858. He was admitted to Bail by the Circuit Court for 3 thousand dollars. He made his appearance at the March Term following but the case was continued by the Commonwealth, again at the september Term &, at the march Term the same order was made, the Deft urging a trial, but the Commonwealth continuing At the September Term 1860 a trial was had and the Jury hung all of the Jury except two in favor of acquittal.

The Deft again renewed his Bail Bond for his appearance at the March Term. Soon afterwards Deft moved to Butler County Missouri but returned here ^in march^ for the sole purpose of meeting his trial. He urged a trial but the case was again continued by the Commonwealth. and Deft again renewed his Bond to appear inat September Term

At this Term he failed to make his appearance owing no doubt to the difficulty
if not impossibility of travelling from Missouri. If he hasd joined the army as his friends suppose -- it would not only havebe ^been^ difficult for him to leave that, but it would have been dangerous and unsafe for him to have come to so loyal a County as this. But of with the peculiar state of things now surrounding us your Excellency is familiar.

At the calling of the case inat the September the Bail Bond was forfeited and summons ordered against the surities &c.

At March Term a Judgment will be rendered against them unless Your Excellency will remit the forfeiture. It seems to me that it is a case well worthy of Executive clemency. The Bail who are the Brothers and Father of the Defendant are William Baggett,Etheldred Baggett Sr and Etheldred Baggett Jr.

They are poor men and a Judgment for the amount would ruin them.

They have not heard a word from defendant since August at which time he wrote that he would if living be present at Court; but owing to the condition of the Country every thing was uncertain.

Of the cause of his absence his sureties Know Nothing, It may be the proclamation of President Davis forbidding communication, it may be military law, it may be death. We have had no mails from that quarter. And even now his Bail
would start at once in search of him, but on their return they would be subject to the charge of "aiding the En Rebellion".

Of one thing I am convinced that he iswas not absent of his free will for he has always been ready and anxious to try and on a former occasion came the whole distance for no other purpose than to dispose of this case.

Hoping that you will think proper to remit the forfeiture -- I remain

Your Respectfully
Azro Dyer.

I am familiar with the facts of the case refered to above- and am satisfied that the case is worthy of your Executive clemency

J. W. Bickers

P. S.
Your Excellency will please direct your letter to Alf C. Tanner clk of M^cLean Circuit Court -- at Calhoon Ky

-- A. D.

M^cLean Cir. Ct
$3000. } Forfeiture
W^m Baggett & others
Iss^dDecr. 18. 1861

~~Issue~~ Remitted
B. M.

Resin Price- fined justly. Foreman Maysville

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