Charles Raller to Beriah Magoffin

KYR-0001-020-1965.xml

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Accession Number

KYR-0001-020-1965

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

MG23-417

Place of Creation

Marion County, Kentucky

Date of Creation

30 June 1862

Dates Mentioned

1862-05

1862-06-30

1862-07-22

Charles Raller to Beriah Magoffin, 30 June 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG23-417, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1965, (accessed December 26, 2024).

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To His Excellency Hon Beriah Magoffin
Governor of Comw^th Kentucky

Your Petitioner Charles Raller would most respectfully State & Show to your excellency that he had a quarrel & fuss with one William Baxter in Haysville Marion County Ky in which your petitioner thinks he was not at all at fault. That said Baxter & his brother & others as your Petitioner is informed and believes combined & confederated together for the purpose of greatly beating or Killing your Petitioner who was informed of it in the manner Stated by W^m H. Fidler in his affidavit herewith sent -- Your petitioner then armed himself with a pistol which he carried about his person for some days -- He carried this pistol purely as a matter of self defence and believed at the time he did so that his life was in danger He never carried a pistol or any other deadly weapon before that in his life and only carried said pistol so long as he regarded his life as being in danger --

He was indicted by Cabbell for having & carrying concealed said pistol at the time of the difficulty above named -- and a jury on the trial of said Indictment rendered a verdict of guilty at the May Term of the Marion Circuit Court holden for the year 1862. A copy of said verdict & the judgment rendered thereon accompanies this Petition
He states that he had witnesses summoned to prove his matter of justification and employed a lawyor to Defend him on the trial -- That he went to the State of Indiana to see his Kinfolks intending to return in time to attend his trial but failed to get back in time because a train on which he was to come broke down & he was on that account delayed a day -- He arrived in Lebanon about two hours after his case was tried -- He learns his most material & important witnesses were not in attendance & his counsel on that account moved a continuance but did not attain it because he was unable to state what the witnesses would prove -- By these means he has been sentenced to pay a fine of $50 -- which he says is unjust -- He says he is poor & has to work to make a living and has barely enough means to pay said fine but it would take about all he has got -- He has taken affidavits to show the merits of his case and prays your excellency to interpose and remit said fine or so much of it as you may have the power & your Petitioner as in duty &c will ever pray &c

Charles ^his X mark^ Raller

Sworn to by Charles Raller before me this 30^th June 1862

N T Berry clk

State of Kentucky
Marion County to wit

W. W. Ramsey States on his oath that he heard William Baxter & James Baxter threaten to Kill Charles Raller= They had their guns with them when they made the threat -- Affiant believed at the time that said Rallers life was in danger and remonstrated with the Baxters to get them not to carry their threat into execution -- He says he told Samuel Hunley of these threats & Hunley as he learns told it to said Raller -- All this occured before Raller carried the pistol as affiant learned ^for which he was indicted^ -- He says that said Hunley is off in the army Service and was at and before the last Term of the Marion Circuit Court and says he affiant was also absent from Marion County for a Considerable time before last Court & did not get ^to [...][...][...]^ back to said county till ~~Court was over~~ ^tryal was over as I under stand I Got home the 2^th monday of Court^ He says he knows Raller well. he is a peacable man and affiant is sure he would not have carried a deadly weapon unless he was in danger -- is not a man who is in the habit of carrying deadly weapons --

Sworn to by W. W. Ramsey before me this the 30^th day of June 1862 the under Signed Justas of the pece of Marion County
M Harman J P M C

W^m H. Fidler says he knows Charles Raller verry well and hadve known him for many years= He Knows that Raller is a peaceable quiet man -- Never knew him to have a quarrel or fuss with any body except Baxter -- He knows that Baxter as Raller passed across the street in Haysville to affiants fathers house drew a double barrel shotgun on Charles Raller & he to save himself got into the house as speedily as possible -- Baxter & others seemed to be combining together that evening to attack Raller and James Elliot told affiant that evening that he had ^heard^ Baxter & Cabbell agree to meet there next morning & Elliott said from what he heard pass between them he believed they were coming over to Haysville the next morning to make an attack upon Raller -- These Statements of Elliot to me I immediately communicated to Raller and advised him to arm himself in his own defence -- Cabbell came back early the next day & he & Raller quarrelled. Raller having a pistol -- Soon afterwards two of the Baxters came & had others along -- One of the Baxters had a double Barrel Shot gun which he did not seem to have any other use for than to Shoot Raller -- After they came Raller kept in doors at my fathers house till they left -- This is the carrying of the
^pistol^ that Raller was indicted & fined about

William H. Fidler

Sworn to by W^m H Fidler before me this 30th June 1862

J Manly Examiner M C.

Marion County Ky
K C Milburn

I have known Charley Roler for sevrel years and I know him to be a man of moral Cairtor and very studey harmless industrus boy and tends to his one bysness

Swornd to befor me justus of the pece of Marion Countey Ky June 30 1862
M Harman. J P M C

State Kentucky
Marion County

E G. Martin States on oath that he has Knowd that the Baxter Boys & others apprd to hold Considerable mallece against Said Charles Raller & was after Raller with there Guns more than once I am of the opinion that Raller was in Considerable Danger of his life Raller is a poor Boy and as Study as eny Boy I know of & not Disposed to fuss with eny Body But I Dont think he would Be imposed upon By eny Body without Resenting it

Sworn to by E G. Martin before me this 30^th day of June 1862 the undersigned Justice of the pease of marion Co Ky
M Harman J P M C

Remitted
B M

Marion Cir. Ct.
$50 } Weapons
Cha^s Raller
Iss^dJuly 22, 1862

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