John Schwab to Beriah Magoffin

KYR-0001-020-1611.xml

Metadata
Citation
Download

Accession Number

KYR-0001-020-1611

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

MG22-260 to MG22-261

Place of Creation

Jefferson County, Kentucky

Date of Creation

14 January 1862

Dates Mentioned

1861-10-23

1861-09-07

1862-01-14

John Schwab to Beriah Magoffin, 14 January 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG22-260 to MG22-261, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1611, (accessed December 22, 2024).

Download XML

To His Excellency The Governor of Kentucky:

Your petition, John Schwab, respectfully asks leave to state to your Excellency that on the 23^rd Oct 1861 an indictment was returned against him in the Jefferson Circuit Court, charging him with having, on the 7^th Sept 1861, unlawfully ^& maliciously^ stabbed Herman Hubner with a knife, with intention to kill or wound said Hubner, yet without killing him -- that the matters of s^d indictment were, on this day, Jany 14. 1862, tried & the Jury returned a verdict of guilty against your petitioner, fixing his confinement at one year in the Penetintiary -- The verdict is not merited by your petitioner & he therefore prays your Excellency to interfere in his behalf and grant him a pardon -- Your petitioner states that he was ruled into a trial by the judgement of the Court & in opposition to the wish of your petitioner as Expressed to the Court through his attorney. Your petitioner desired a postponement of the case & so moved the Court, on account of the absence of a material witness, one Albert Finster, whose written testimony, as taken down by the Police Judge on the Examining trial, was presented & read to the Court. This Albert Finster was a Commonwealth's witness at the Examining trial & was also set down as a witness for the Commonwealth at the foot of the indictment; but your petition could not procure his attendance in the above trial, for the reason as shown to the Court that said Finster had enlisted in a Military Company and was absent from Louisville, though in Kentucky with the Military Company -- Your petitioner asks leave to present to your Excellency's attention the following which
is a true copy of the testimony of the aforesaid Finster as taken down by the Police Judge:

"Albert Finster -- Live under Union Hall -- heard a noise on Wenesday evening went over and heard Hubner telling accused not to raise a fuss in his house & take him by the arm & lead him out on the street -- when they got out accused drew his knife & Hubner tried by Extending his arms to keep accused from him -- accused went back until he got to a house wall -- Hubner followed him & Raamers who was on the street struck at accused -- dont know whether he struck him or not -- then Hubner made a motion as though he would strike & accused stabbed him."

Your petitioner states that he did not assault or stab Hubner till after Hubner pushed him out of the house followed him out & laid violent hands on your petitioner & while Hubner thus treated your petitioner, the witness Raamer followed your petitioner & Hubner out of the house & struck & kicked your petitioner who when he was falling from these blows, tried to defend himself with his knife from the attacks of Hubner & Raamer, both of whom are large men, much larger than your petitioner, who is quite a small man, & in defending himself thus, your petitioner did stab Hubner -- But he somberly states before his Maker, that he acted thus solely to defend himself; and if in doing so, he acted wrong, yet it was done in a sudden [affray] & in sudden
heat & passion, without any previous malice; and he therefore humbly hopes & implores your Excellency to pardon him -- Your petitioner is a young man with sisters & he has never before committed any offense or misdemeanor & he hopes your Excellency will not permit his character to be blasted or the feelings of sisters wounded by your petitioner's confinement in the penetentiary -- And your petitioner believes no verdict of guilty would have been rendered against him if he could have had the benefit of the testimony of Albert Finster; which he could not procure for the reasons already stated & which he was deprived of by the ruling of the Court -- Again your petitioner humbly yet Earnestly prays your Excellency to pardon him as, as in duty bound; he ever will &^c

John Schwab

Subscribed & Sworn to by John Schwab, Jany 14^th 1862. W^m Shryock D clk C C L

I was one of the atty^s for John Schwab the above petitioner, but was compelled to be absent when the trial was had &c, I know their are facts in the case, that strongly appeal to Executive Clemency, and I therefore unite in asking your Excellecy to grant him a reprieve

W C Rice

We are well acquainted with the petitioner, Mr John Schwab -- He is a young man of respectability, a German by birth, and anything he may ^say^ is Intilled to full Credit --

He is honest and industrious, yet poor and we cheerfully ask your Excellency to grant him a pardon as he has prayed.

Philip [Webb]
Levi Weill
Francz. Kaltwasser
Rudolph Schimpff
Joseph Sheffler
[J. A. Roberts]
Luis [Knorlock]
Valentine Kolb
Geo. A Sippel
W Butholf
A Mass

T. Leiff
V Seisler
John S. Edward
H. S. Brown
Tho^s Williams
H Brobston
John Jo^s Greenbrier
Joseph [...]
C T. Walker

< Issue Pardon
B. M >

Civil War Governors of Kentucky is always evolving. Help us improve the edition by suggesting a correction or addition to this record.

Suggest a correction