Michael Dailey to Beriah Magoffin

Accession Number

KYR-0001-020-1674

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

MG22-347 to MG22-349

Place of Creation

Kenton County, Kentucky

Date of Creation

30 January 1862

Dates Mentioned

1861-12

1861-12-30

1862-01-30

1862-02-05

State of Kentucky
County of Kenton

To His Excellency Governor Beriah Magoffin, Your Petitioner Michael Dailey represents that at the late December Term (1861) of the Kenton Circuit Court, on the 30^th day of December he was found guilty on two Indictments, and fined respectively Ten Dollars, and Fifty Dollars; both of which judgments he replevied on the same day with John Simmons as his security. He prays for a remission of the said two sums, so far as your Excellency has the power so to do;

The facts as penned, were substantially as follows. Mrs. Hagerty — a connection of his family by marriage — took tea at his house, from which he accompanied her home. Her husband brought in some Brandy and treated him A short time thereafter two Irishmen from Cincinnati, came in and Hagerty brought in some Beer and treated the Company. Petitioner thinking it was his treat, invited them all over the way to drink, one of the men, Brazelle refused, and when interrogated gave as a reason that Dailey had on some occasion, down the river Called him names and taken the part of another against
him, Dailey denied, Brazell — reiterated calling Dailey and a son of a b — h — Dailey went away and after a while came back and enquired for Mr Hagerty, and said something about going over to Cincinnati the following day, Brazelle again joined in the conversation, and his friend Hanan took some part, and Hagerty protested that there must be no difficulty in his house, Dailey said he wanted none — Hanan said he wanted none — and stepped up to Dailey a gently put his hand on Dailey while he and Brazelle were bandying epithets, Brazelle also advanced towards Dailey, who told him to stand off or he would shoot, Brazelle replied you are too damned a coward to shoot, I am not afraid of your pistol, and advanced to the open door, out of which Dailey had backed, pistol in hand, just then Dailey put the pistol almost against Brazelle and shot, making no wound, no breach in his clothing, and leaving no evidence of the pistol's having been loaded, The next day Mrs Hagerty found a bullet rolling on her floor, which bullet did not fit Dailey's pistol.

When the pistol went off, Dailey kept
going from the door, Brazelle cried I am not shot, says the rascal, Hagerty and Hanan Caught Dailey, and threw him upon the paved street, Hagerty Caught up his feet, while Hanan ^and Brazelle^ fell to beating and kicking Dailey about the head and chest, at which time while down he drew a large Bowie Knife and slightly cut Hanan, They beat Dailey, till he was almost dead, in the meantime a man by the name of Biggs, hearing Dailey's cry of Murder and help came, and hit Hagerty over the head with a big stick and the other two fled, Daily was taken home and put under the care of the Dr where he remained for many days. He his forehead was cut to the bone in two places, and three other places on his head cut to the bone, They left him as bloody as a hog, with several great holes cut in his coat. While under the care of the Dr these parties had him arrested, and as soon as he could get out, had him bound over to Court, where they appeared before the Grand Jury and had him indicted, and then against him on the trial, for shooting at Brazelle for which he was fined $10. In this case the costs are $13.10. The other Indictment
was for carrying concealed weapons, and the fine was $50. and the costs were $15.80 Taking the Dr's Bills — the great loss of time — the pain and suffering — the horrid scars on his forehead, which he must carry till death — taking all these things into consideration Petitioner, thinks he will have been more than sufficiently punished, when he shall have paid the costs and that portion of the fine going to the Atty for the Commonwealth for whatever wrong he may have committed He therefore prays that All the $10, fine may be remitted, and all the other except that portion going to the Atty for the State, and as in duty bound he will ever pray.

Michael ^his X mark^ Dailey
Attest
John F. Fisk

This affiant the Petitioner Michael Dailey says he belieeves the preceding statements are truely made and set out as they were given in testimony in the trial

Michael ^his X mark^ Dailey
Attest } John F. Fisk

Subscribed and sworn to before me by Michal Daily this 30^th day of January 1862,

J C Howard J P K C

We the undersigned citizens of Covington join with the Petitoner, and ask that the fines be remitted as prayed by him

J C Howard J, P, K, O
H. Drexelius
C. B. Sandford
Ja^s, M^cLaughlin
B. H. Elliston
Jos Vansaur
T. F. West
James Martin
M. Rilly
Benj Egelston
John Murphy
John Sommer
John Masters
H. W. Thomas
R. Richardson
H. Stacey
Tho^s D,, Davis
G W Crist
S, F, Roberts
D Griffin
N Pratt
G Hays
G Wl M^cDonald
Chas M^cCurdy

I know nothing of the facts -- nor the parties but if true, it is a case for clemency

J. W Stevenson
J. G. Carlisle
R A Athey.
C [Hehvaas]
Henry C Harris
W R Thomas
John C. Picker
John Tye
S. C Perrin

I was the atty that prosecuted Michael Daily before the examining Court, and heard the proof upon the final trial. ~~[...] and say that the [...] is [...]of [...][...][...] in the within petition I think~~ I became very well acquainted with all the particulars of the case, and see no reason why Executive Clemency should not be exercised in favor of Mr Daley. He suffered greatly from his wounds received in the difficulty & has been at great expense. I respectfully Join in the Petition for a remission of his fines.

J, P, Harrison

I am of opinion that the Petitioner is worthy of Executive clemency — the above statement correctly presents the testimony

W. E. Arthur
Atty Commth

Remitted
B. M
Kenton Cir. Ct
Michael Dailey
to } Petition for remission of Fine
Govr Beriah Magoffin
Iss. Feby 5. 1862

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