Robert J. Elliott to Beriah Magoffin

KYR-0001-020-1610.xml

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Accession Number

KYR-0001-020-1610

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

MG22-258 to MG22-259

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

14 January 1862

Dates Mentioned

1862-01-14

1855-04

1861-04

1862-01-17

Robert J. Elliott to Beriah Magoffin, 14 January 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG22-258 to MG22-259, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1610, (accessed December 21, 2024).

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Louisville Ky Jany 14. 1862
To His Excellency
Gov^r B. Magoffin
My dear Sir:

I am requested by Mr John Schwab, (who has this day been found guilty on an indictment for unlawfully & maliciously stabbing Herman Hubner & by the verdict his confinement in the penetentiary fixed at one year) to write to you in his behalf, he having had prepared a petition to your Excellency asking you to grant him a pardon

Being a stranger to you I am not aware that anything I might say would be of any service to Schwab -- but still I know your Excellency will give all proper consideration to what I may say. In the first place I would remark that I wrote the petition for Schwab, & the matters therein stated as to the conduct of the trial the ruling of the Court & the copy of Finster's testimony are correctly set forth & I believe all the statements in the petition are true.

I was also the attorney who defended Schwab on the trial of the indictment & was astonished at the verdict rendered against him; I do not, on the honor of a gentleman, believe that he ought to have been found guilty on the indictment, even on the proof Exhibited, and I feel well assured that if Finster's testimony could have been procured, the Jury would not have found Schwab guilty --

Your Excellency may attach the more weight to my opinion, when I say that I believe I have had a fair opportunity of forming a correct opinion in cases of this Kind, having been from April 1855 to April 1861, the attorney for
the City of Louisville, and in that capacity have been constantly engaged in the Police Court as an Examining Court in prosecuting charges of the foregoing character --

And I may be permitted further to remark that I believe the Cowlth's Atto M^r Craig, who is my law partner, was, for this reason, the more vigorous in the prosecution & was not so indulgent in granting a continuance as in other Cases, for fear he might be regarded as favoring me.

I am but partially acquainted with M^r Schwab, but I believe him to be an honest, truthful man --

I believe he merits the Executive Clemency which he has asked, & hope your Excellency may find it consistent with your views of justice & mercy to pardon him

Very truly Yr obdt servt
Robt J. Elliott

The copy of the testimony of Albert Finster before the Examining Court, as set forth in the petition of John Schwab to your Excellency, is a true copy --

It is also true that M^r Elliott asked a postponement of the trial of the indictment on account of absence of s^d Finster, who was represented to be a soldier in some one the regiments in Kentucky, but absent from Jefferson County -- which motion was overruled & the trial was gone into.

C S' Craig atto
for [Comm Kenty]

The undersigned were the Jurors in the case of John Schwab referred to in the foregoing statement of M^r Elliott -- Since rendering our verdict we have seen the copy of the testimony of Albert Finster, before the Examining Court; and if this testimony had been before us on the trial, our verdict would have been different --

In view of the foregoing facts, we respectfully join with the petitioner in his prayer to your Excellency & ask that he be pardoned

Marshall Halbert
Andrew Ferguson
Nelson Stelbing
W^m W. Morris
A D Oldham
H. Spalding
S. Waters

P N Frederick
R D Anderson
Edward S Hikes
W H Frederick
N. [Gwynn]

The Jury in the case against Schwab, having, as above shown, asked your Excellency to grant Schwab a pardon, I also join with them in said prayer.

Respectfully
E S Craig atto for Comwth 7^th[Dist]

Jefferson Cir. Ct
John Schwab
Felony
1 yr. Penty
Pardon Iss^dJany 17^th 1862

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