Patrick McDermot to James F. Robinson

KYR-0001-029-0167.xml

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Accession Number

KYR-0001-029-0167

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863

Item Location

R3-257

Date of Creation

n.d.

Dates Mentioned

--10

--06

1863-01-31

Patrick McDermot to James F. Robinson, n.d., Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, R3-257, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-029-0167, (accessed April 19, 2024).

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To his Excellency the Govenor of Kentucky

Your Petitioner Patrick McDermot, States that about Two years since He had a difficulty with a man by name Patrick Ford at the corner of the street; and that at this October Term of the Jefferson Circuit Court: He was indicted and tried and found guilty: on a charge that He had "Maliciously and wilfully cut and stabbed Patrick Ford with a knife with intention to kill him,,

He states that only one Witness namely Patrick Ford the man who was cut: was Examined; and He stated as follows: That Patrick M^cDermot met hi[m] at the corner of the street, and told him he had Said something about him, and assaulted him, cutting him in the neck and arm: and on cross examination: said Patrick Ford stated that in the month of June thereafter: he agreed on payment of Twenty dollars to drop the matter and go across the river, and not appear against the said Patrick M^cDermot. He did receive the Twenty dollars and made his mark on the paper shown him; He said he did not see any knife, with which he was cut: but He believed it was a knife:

Your Petitioner states that upon this statement by a verdict of a Jury, he has been disgraced and consigned to the Penitentiary; He prays
Your Excellency to interpose the Executive Clemency and arrest this cruel and unjust ~~purpose~~ Verdict: ~~to which [...] of Justice. be [...].~~ He states that his mouth was closed, and the only Enemy he has in the world: and He a very vindictive one is allowed to accuse him and make a statements which does not sustain the charge in the Indictments because he did not swear to any fact that showed the cutting was done malicioously or that it was done with a knife.

He humbly asks your Excellency to pardon him; and will ever pray &c

Patrick M^cDermot

We the undersigned jurors ask your Excellency to pardon Patrick M^cDermot

<< Petition >

J. I. Dozier.

Saml, W, Black
Robt. Ferguson
J. P. Richarson
F B Green
Alex Duvall
Jacob Schmitt
T G Brown
Green Paxton
A Craig
E. Gardner
J Collins
F McCarty

Patrick Ford was stabbed in the lower part of the neck & on the right side of the neck. It was not proven by Ford, (the only witness who testified) that the cutting was done with a Knife, but the witness described the wound, (there was but one wound) and the jury were instructed that although the witness ~~could~~^did^ not swear that the cutting was done with a knife, they might draw their own conclusions from the evidence as to ~~with~~ what instrument the wound was inflicted with. The jury found the dft guilty as charged. Patrick Ford was the only witness & was the person stabbed He stated that he had signed a paper (made his mark) agreeing, a few days before the trial, not to appear against deft M^cDermot but that at the time of the making his mark that he was in liquor, & did not state that this agreement was read to him before making his mark. Under the circumstances, the fact that there was but one witness against M^cDermot & he the person stabbed, that malice was not proved but inferred by the jury I am disposed to sign this petition recommending the case of M^cDermot to your excellencys consideration & mercy.

J R Dupuy
Com' atty

Jefferson Cir Ct
P M^cDermot
Pettn for Pardon

Upon the petition and facts outside reliable a Pardon is granted this 31^st Jany 1863

J F Robinson

Iss^dJany 31. 1863

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