J. W. Caperton to Beriah Magoffin

Accession Number

KYR-0001-020-2123

Document Genre

Correspondence

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

MG24-190 to MG24-191

Place of Creation

Richmond, Madison County, Kentucky

Date of Creation

30 May 1862

Dates Mentioned

1862-05-30

1860-11

1862-06

Richmond Ky
May 30^th 1862
His Excellincy B. Magoffin
Governor of Kentucky
Dear Sir

I have just learned that there is a secret project on foot. by Petitition to apply to you to Pardon F. M. Searcy who is now indicted in the Madison Circuit Court for "Murder" for killing my Brother Woods Caperton in the month of Nov 1860.

That he is Guilty of the charge of "Murder" no unprejudiced mind after hearing all the Evidence can as I think have a reasonable doubt.

He was first tryed before two Magistrates. One was for committing him without Bail for Murder and the other not then proper to sit on the case as I now know — ~~was for giving him bail~~ ^not arguing^ and under the code then being advised he was [...] ^[...]^ discharged —

The Grand Jury months ^a^fterwards indicted him for "Murder" and he again applyed before the magistrates and the court again disagreed as I was informed and he was Bailed.

Judge Goodloe being a relation My Brother and our Family could not properly sit in the case, and there
Never has been any Trial of the case and no immediate prospect of one until your excelency directed Judge Durham to hold Special Term to try the case and he has by Public Notice fixed upon the 5^th Monday in June to have the case tryed in Richmond and Spa^s have been taken out and the witnesses summoned and every effort has been made and is now making upon behalf of the Commonwealth to try the case

I know the Commonwealth will be ready.

If I had time I could get up a counter Petition agaisnt any interference upon the part of your Excelency in the case signed by any number of the finest citizens of the county. but the late hour that I learned what was on foot [...] me from doing so besides I do not think it proper to commit men who might be summoned on the Jury. thereby excluding from the Jury the finest men in the County

All the Prosecution ask is a Trial, a fair one in the Circuit Court, and they will ask for no delay or postponement

I therefore as the only Brother of Woods Caperton earnestly, and solemly ask and Petition your
Excelency not to Pardon Searcy^s offence against outrageous Laws, but permit the case to take its legal course

If your Excelency has a doubt ~~about~~ about the course you ought to take I respectfully ask a short time to file a counter Petition against Searcy^s Pardon or any other steps in the case except to permit the Law to have its own course.

The Memory of a dear and only Brother Murdered in cold Blood is my only excuse together with not is [...] setforth for addressing this directly to you. for fear you might not be at Home and the Secretary of State might without knowing all the facts ^act^ have endowed this to R. R. Bolling with a request that he immediately hand it to you at Home if not to the Secretary of State

Respectfully
Your Friend &C
J. W Caperton

(See Over)
on next page)

Col. J. W. Caperton has shown me the within paper. I was counsel when the first Court of inquiry sat in the case engaged for the prosecution, and heard the evidence then adduced and then believed it was a case of Murder — When the second examination was held I was in Frankfort, and of course do not know how the testimony compared with that on the 1^st trial — but I believe the cause ought to be fairly tried in the Circuit Court before a Jury.

Respectfuly
C. F Burnam

The undersigned was also one of the counsel for the prosecution in the case vs Searcy and was present at both the examining ^Court^ and the investigation under the writ of habeuscorpus

The statement of the case by Col Caperton he believes to be true and fully concurs in the views expressed by Maj: Burnam

Thomas F. Stone

Civil War Governors of Kentucky is always evolving. Help us improve the edition by suggesting a correction or addition to this record.

Suggest a correction