Benjamin Funk et al. to Beriah Magoffin

KYR-0001-020-2082.xml

Accession Number

KYR-0001-020-2082

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

MG24-121 to MG24-122

Date of Creation

30 July 1862

Dates Mentioned

1862-03

1862-02-22

1862-07-30

To His Excellency Beriah Magoffin

The undersigned state that they were the jury, which at the March Term 1862 — of the Kenton Circuit Court, tried Lafyette Brafford for the murder of one [ ] M^cCullough, of Covington Kenton Co Kentucky. He was convicted and sentenced to the Penitentiary of Ky for Ten Years.

The proof tended to prove that he and one Mullins, on the 22^d day of February 1862 — became slightly intoxicated, and while in that condition, one Sylvester came along in a meat wagon into which Brafford and Mullins got and Brafford by accident sat down into a bowl of sausage meat — They were asked by Sylvester to get out. Mullins, who was less intoxicated than Brafford, got out and helped Brafford out, and Sylvester drove off. Sylvester was in the employ of M^cCullough — who then came down about one hundred feet and asked them why they were treating his man and team in that way, and threatened to have them arrested. They asked him who he was and what he had to do with the wagon, and started towards him. He picked up a brick and walked towards his meat shop They followed, and Brafford picked up one or two
bricks and walked to M^cCulloughs' Meat Shop — where Mullins said Brafford, put down your bricks, gentlemen dont do such things, "He replied "That's so" and threw down the bricks. The conversation continued between the three at M^cCullough's door — when Brafford attempted to go i. M^cCullough pushed him back, (Brafford is a small man — M^cCullough was a large [...] robust man a carpenter by trade — ) Mullins then stepped up to M^cCullough's door and attempting to go in, said "You wont do me that way" M^cCullough struck Mullins in the mouth with a two pound weight,, they clinched and went down, Mullins under Brafford ran in, and with a pocket knife, struck M^cCullough three blows on the back inflicting slight wounds — which the doctors said would not have proved serious, Then Sylvester ran in seized Brafford, who turned, and attempted to pursue Sylvester, but being intoxicated he fell into the street, and when he got up went back — and assisted Mullins to clear himself from M^cCullough both striking him, M^c sat down in the door — Mullins says to him is my nose bleeding — M^c replied yes — then says Mullins so is yours — and struck him in the
mouth with his fist It was then discovered that M^c had received a stab in the abdomen — which incised one of the bowels, about one half inch in length — and ^he^ was feeling very weak He was taken home in a spring wagon — and died about twelve days thereafter. Until two or three days before his death it was thought he was getting well. The three had no previous acquaintance that is B & M did not know M^c, neither did he know them, There was no ill will between them nor towards Sylvester, B is twenty three years of age — has lived here all his life since he was one year old, Has a wife and one child, Has always been a sober man industrious and a man of good conduct — Always lived at home supported his father and mother in part — and was well respected by all who knew him, and for whom he had worked, as a Tobacconist. The cuts he made were on M^cs back when he was on top of Mullins — No one saw the blow that cut the bowell — When M^c got up off of Mullins, it was for the first time seen,

We understand that Your Excellency is about to pardon Mullins, If that is done we see no reason why B. should not also be released, and in the event that M — is pardoned we earnestly request that B. may also be sent home to his family, From the fact that he has always done so well
heretofore, we apprehend no detriment to society by his release, but on the contrary we believe that the warning he has received will restrain him from committing wrong in the future, And as in duty bound will ever pray July 30^th 1862

Jurors names
Benjamin Funk
G M Marshall Jn
W C Petty
Jacob, Kyle
H H Mayo
Elisha, A. Williams
L D Croninger (Foreman)
Ennes Thomas
T. J. Emerson
H L Ashbrook
W C Ashbrook
Perry [Sering]

I certify that the foregoing is a true list of the Jurors who convicted Lafayette Brafford of Manslaughter at the Mch term 1862 of Kenton Cir Court

Att. B. W Foley Clk
By A C Ellis D C

I was Att'y for the Com'th on the occasion of the trial and conviction of Brafford — During my official career I mad it an invariable rule for my government, when the ^Jury^ that convicted a man unanimously recommended him to the clemency of the Executive to j join them in their recommendation, whatever might be my own opinion in the abstract. In obedience to that rule I now unite with them in their prayer.

W. E. Arthur

L. Brafford
to } Petition
Gov Magoffin

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