J. C. Cunningham to Beriah Magoffin

Accession Number

KYR-0001-020-1872

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

MG23-280 to MG23-281

Place of Creation

Maysville, Mason County, Kentucky

Date of Creation

29 May 1862

Dates Mentioned

1862-05-29

1862-04

1862-07-22

Maysville May 29^th 1862,
To His Excellency Gov. Magoffin.

Yr. petitioner at the last Apl term of the Mason Circuit Court was indicted for keeping a tipling house, the jury failed to find him guilty of keeping a Tipling house, but found him guilty of retailing by the small and he was fined by the Court ten dollars & the costs of the proceeding — The Circumstances proven on the trial were there that Benj Clarke came into my grocery and complained that he was sick ^and asked for a dram^ and in my absence Mr. [Il] Loyd who was staying with me, drew him a dram & he put down five cents and left, this was all the proof, & Clark was the only witness — I had always instructed Mr Loyd not to sell to any one, but he informs me that he did not sell the whisky to Loyd — but that ^Clarke^ ~~Loyd~~ came in and said he was sick & wanted some peper & whiskey — that he got him a glass & put some peper in, and then showed him the barrell, and Clarke went & drew the whiskey upon the peper, and when he was going out laid a 5 ct piece upon the counter, At the time the case was tried, Loyd was absent & hence yr. petitioner could not introduce him upon the trial, Yr. petitioner under the circumstances thinks that he ought not
the fine is oppresive, He ~~[...]~~ has no wish to violate the law, and has no intention to do so, and under the circumstances he petitions Yr. Excellency to remit s^d fine or so much as you have power to do.

Yr. Ob^t sev^t
J C Cunningham

I Ila Loyd state that the circumstances under which Mr. Cunningham was fined were these, Mr. Benj Clarke the prosecuting witness came into Mr. C^s~~[...]~~grocery store in the absence of Mr ~~Loyd~~ Cunningham & complained that he was sick & asked for some pepper and whiskey — I got him a glass & put some pepper in it showed him the barrell of whiskey, he went & drew it, and as he was going out threw a 5 ct piece on the head of the barrell, I did not sell him the whiskey, I had been instructed by Mr. Cunningham to sell to no one, and should not let Mr. Clarke have had the whiskey under any circumstances but he stated he had been sick all night with griping pains and asked for some pepper & whiskey to relieve him, At the time of the trial I was absent & hence was unable to show the circumstances under which Clarke got the liquor & I unite in the petition to yr Excellency to remit s^d fine —

Ila M Loyd

I attended to the trial of the Com — vs Cunningham for keeping a tipling house, for Cunningham, and the statement made by him as to what Clarke proved is correct, At the time Clarke got the liquor, he proved Cunningham was absent, He was the only witness in the case, The proof seemed to me to develop the fact that the witness sought the oppurtunity in the absence of Cunningham, to get the liquor in the maner in which he did. to accomplish what he did — and as the offence was a small one, I write in the petition for its remission.

Respectfully
Jn^oR Clarke

We also unite in requesting yr. Excellency to remit the fine mentioned in Mr. Cunninghams petition.

Jn^o M Duke Jr
Robt A Colleman
R H Baldwin
M Ryan
W. C. M^cGranaghan
E. Whitaker
H. C. Lloyd

Remitted
B. M

Mason Cir. Ct
$10. } Liquor
J. C. Cunningham
Iss^dJuly 22. 1862

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