James Wright to Beriah Magoffin

KYR-0001-020-1971.xml

Accession Number

KYR-0001-020-1971

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

MG23-426 to MG23-427

Place of Creation

Marion County, Kentucky

Date of Creation

5 June 1862

Dates Mentioned

1861-11

1862-05

1862-06-05

1862-04-05

1862-07-22

State of Ky
Marion Co } Sct
To his Excellency
B. Magoffin
Govr Ky

Your Petitioner James Wright would most respectfully state that on the [ ] day of Nov^r 1861. hi was indicted for an affray in the Marion Circuit Court in Conjunction with one John. W. Neville That on the [ ] day of May 1862 said Case was tried in said Court and your Petitioner was fined in the sum of $45. for said alleged affray. He states that the facts of the dificulty are as follows His Co Deft Neville who was a Deputy U. S. Marshall was on the street in Lebanon and came down the street meeting this Petitioner when he came up to Petitioner they entered into conversation in regard to some political prisoners that had been confined in the Co Jail and some exciting words ensued between both parties — This Petitioner knew that said Nevill was all the time heavily armed and while said conversation was going on said Neville advanced on this Petitioner your Petitioner giving back several steps. just at this [...] Mr. D. S. Maxwell saw a dificulty was probable came in directly between your Petitioner and Nevill pushing Petitioner one way with his left hand and Nevelle another with his right hand and was standing directly point
blank in between us both and was interposing and urging quietness and peace to which interposition your Petitioner yealded and so far as he was concerned the dificulty was at an end and would so have remained had not said Nevelle while said Maxwell was immediately beween us and when it was wholly unexpected by said Maxwell and this Peitionr said Nevill reached his hand over the right shoulder of said Maxwell and fired immediately in the face of Petitioner and his ball passed so near Petitioners face that he for the time supposed he was certainly shot — A moment passed and as soon as Petitioner could see what was going on for he was greatly confused and stunned he looked and saw Neville in the middle of the street where he fired the second round at Petitioner and this your Petitioner followed him and fired at him. immediately after which several shots were exchanged between us none of which fortunately took affect upon any person.

Now your Petitiioner states that he did not fire until it was absolutely necessary in his own defence and when he regarded his life in extreme immideate peril — Some of the witnesses on the trial stated that Peitioner shoved Neville back which was not true these were witnesses who were not in a good position to see how the dificulty progressed and no one had so good a chance to see and know how it occured as Mr. Maxwell who was immediately at and between the parties He states that on the trial Mr. Maxwell was not asked
in regard to Neville's advancing on Petitioner this was omitted from oversight of some sort — Mr Maxwell so soon as the trial was over told Petitioner that the witness who thought your Petitioner was advancing on Neville were mistaken and that if he had been asked upon that point he would have stated that Neville was advancing on Petitioner whom he stepped in beween us — From this oversight and other causes a verdict has wrongfully been obtained against your Petitioner for the amount afs^d~~[...]~~ Your petitioner would further state that he is a married man with a family consisting of himself wife and four small helpless children that he owns no property save some insignificant articles of household furniture that he is a Carpenter by trade and is compelled to look exclusively to the very small amount he is in these times enabled to earn to furnish the daily bread and other necessaries to his family. and that he has no means of paying the said fine Wherefore he most respectfully asks that your Excy remit said fine except the costs And as in duty &c

James Wright

Sworn to by James Wright before me this 5th day of June 1862.

Thos. C. Woods N. P. M. C.

Affiant J S Maxwell states he has read the statements above made in regard to what his evidence was and would have been. The same is correctly stated affiant was not asked in regard to whether Neville was advancing on Wright or not= It is true that at the time affiant stepped in between them Neville was advancing on Petitioner and after he got between them witness supposed there would be no further difficulty until Neville unexpectedly fired over his shoulder —

D S Maxwell

Sworn to before me by D S Maxwell this 5 day of June 1862

[H.] W. Purdy D. C

We the undersigned Citizens of Marion Co join in the foregoing prayer in behalf of the Petitionr — April 5^th 1862

E, A, [Graves]
N. S. Ray
A Ryan
[...][...]
James Edwards
Anthony H Drain
Jas S Gartin
Richard [D. Thomas]

Thos. C Woods
H T Jackson S M C
W. H. Wetherton jailer M. C.
H. W. Purdy
H. H. Norris
H. H. Hughes
H. D. Gilmore
O Ames Post Master
[C]. Savage
N T Berry Ck Cir Court
Joseph Spalding
D. W. Phillips
J. R. [Prewitt]
J. H. Edelin
Robt A. Burton
Ben Spalding Jr.
G. W. Goodman
J, M, Carswell
T. J. Prewitt
E.. Kirk
H. L. Mudd
Oliver Ruth
A. S. Hardy
J. A Bowman
R C Harris
James. M. Fogle
D. L. Gomes
J, H, Kirk
John R. Thomas

Marion Cir Ct
$45. } Affray
Ja^s. Wright
Remission Iss^dJuly 22. 1862

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