Charles C. Petty, Affidavit

Accession Number

KYR-0001-020-1643

Document Genre

Legal/Financial

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

MG22-303 to MG22-304

Place of Creation

Harrodsburg, Mercer County, Kentucky

Date of Creation

15 January 1862

Dates Mentioned

1862-01-11

1862-01-14

1862-01-18

1862-01-08

1862-01-15

To His Excellency, the Gov of the Commonwealth of Kentucky —
Gov B Magoffin,

Your petition Charles C. Petty an infant, under the age of twenty one years, and ^a few months^ over fourteen years says that on the 11 day of January 1862 a warrant issued from the Office of Police Court of Harrodsburg, warning your petitioner to appear before said Court on a day to be named to answer said warrant, upon a charge of committing a Breach of the peace. That on the 14 day of January 1862, your petition did appear at the time and place set for trial. and a jury was regularly impanneled, and after hearing the evidence, returned a ^majority by consent^ verdict of guilty, and fixed the punishment of your petitioner at ten day confinement, in the County jail, which verdict & judgement is no suspend by an application for a new hearing, which motion is set for trial on 18 of Jany 1862, which verdict is contrary to law
Your petition would further represent to your Excellency that he believes himself wholely guiltless of the charge contained in said warrant. The facts and the evidence being as follows, as near as your petitioner can state them —

On Wednesday the 8 day of January 1862 your petitioner Charles Petty and one William Morgan, the senior in age of your petitioner and larger in size, made an assault upon your petitioner, Striking him the first blow, and then your petitioner struck back in self defince, after some alternate blows your petitioner & Said Morgan were seperated. In a day or two after this occurance your petitioner was informed, by a reliable witness whose testimony was before the Court that said Morgan, had declared that he intended to whip your petitioner on that Friday evening or the next day, which declaration your petitioner believed ^& that^ said Morgan would execute the same, the first opportunity.

Petitioner further states that on the 11 day of Jany 1862, your petitioner was going down Main Street in Harrodsburg and not knowing that said Morgan, was in town or with any intention to intercept any one when your petitioner met said Morgan who attemped to draw a we^a^poned upon your petitioner remarking at the time "he would black my eye" after said Morgan found he could not draw his weponed, he steped into an alley close by and picked up a rock, ~~in hand~~ advancing towards your petitioner, and your petitioner retiring and giving back all the time, ~~when~~ ^at this^ said Morgan threw the rock at your petitioner: and not till the effort to draw his weponed and the throwing of the rock by Morgan; did your petitioner draw his weponed and fire at said Morgan. ~~when~~ Said Morgan then threw another rock at your petitioner and then ~~other~~ some persons interfered and the dificulty ceased.

Your petitioner further says that the facts as here stated, are true, and that the efforts of said Morgan to draw a weponed and the throwing of the rock at your petitioner were both proved to be antecedent to the firing of petitioners Pistol, by three corroberating statements of ^three^ reliable witnesses, and were not controverted by those for the Commonwealth.

Your petition further says that he proved on said trial th by the said Morgan himself, that he ^(Morgan)^ had a pistol on his person; petitioner further say that he is not in the habit of carrying concealed wepons, and in this instance, only had said Pistol on his person, for self defence; as Your petitioner was informed and believed that said Morgin, would be, and was armed Your petition says he is a boy of tender years & meditates no evil against any one & desires to be, and continue a law abiding citizen.

Wherefore your petitioner prays your Excellency to remit said imprisonment, and restore to your petition ~~his~~ liberty which is now in jeopordy.

Chas. C. Petty* says that the statements in these petition are true
Charles C. Petty

<< * sworn to before me by Charles C. Petty this 15 day of January 1862.
Chs Chism P J M C C >

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