James H. Berry, Affidavit

Accession Number

KYR-0001-020-2103

Document Genre

Legal/Financial

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

MG24-155 to MG24-156

Place of Creation

Mason County, Kentucky

Date of Creation

13 August 1862

Dates Mentioned

1862-07

1862-08-13

1859-10

1862-07-29

1862-08-20

I James H Berry Clerk of the Mason Circuit Court do hereby certify that the following named persons sat as a jury upon the trial of William Calvin who was fined at the last July Term 1862[...] Benedict Kirk Peter L Parker Ha M Boyd F W Long W^m H. Pollett Peter S Anderson John R Key Charles Anderson [Lewis] S Walker Alexander F Power Robert F Means and Thomas [Suit], none of whose names are signed to the foregoing petition.

August 13 1862
James H Berry Clk M Ct ct

Mason County Ky

W^m Colvin states that he has just been fined $50 for carrying concealed a pistol by a jury of Mason County He states that this pistol he borrowed of M^r Ralls at Maysville a few days before the witness saw him with it, for the purpose of defending himself against Allen Brownfield a desperate man who had threatened to shoot him before 10' o'clk next day He states that W^m Masterson told him that Brownfield has made such a threat against him, & this affiant believe it & obtained the pistol for the sole purpose of defending himself against Brownfield The Indictment was found Oct^o Term 1859, & affiant was down the [...] for several terms afterwards working at his trade & knew nothing about it till he got back At that time both Ralls & Masterson were gone away Masterson joined the U S Army & Ralls went off to Florida, as he affiant learned & he could not get them to Court These facts he swore to this day & moved the Court for a Continuance, but the Court said they might never come back, and affiant must try & appeal to the Gov^r to remit the fine He had therefore to try without his witnesses He swears these facts are true

W^m Colvin

To His Excellency Gov^r Magoffin

We the Jury, who found the verdict against M^r Colvin, respectfully petition the Gov^r to remit M^r Colvins fine We heard him swear
to the foregoing facts & believe him He is a poor young laboring man, & the fine will fall heavily upon him, for doing perhaps only a lawful act.

July 29^th 1962.

Peter S Anderson
John R Key
C L Anderson
P L. Parker
L. S. Walker
W H Pollett
[...] Long cc
R F Means
A F Power

We concur in the above petition most heartily

W. H. Wadsworth
Emery Whitaker
Will P. Coons
Jno R. Clarke
F H Bierbower
F B Trussell.

Mason Cir Ct
Remitted

JFR.
Issued August 20 1862

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