Phelps & Rodgers to James F. Robinson

KYR-0001-029-0309.xml

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Accession Number

KYR-0001-029-0309

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

R4-3 to R4-4

Place of Creation

Christian County, Kentucky

Date of Creation

24 April 1863

Dates Mentioned

--03

1862-01

1863-04-24

Phelps & Rodgers to James F. Robinson, 24 April 1863, Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, R4-3 to R4-4, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-029-0309, (accessed April 23, 2024).

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To his Excelency the Governor of the Commonwealth of Kentucky.

At the last March term of the Christian Circuit Court. William M Shipp was placed on trial under an indictment charged with a Breach of the Peace on the premises of William H. Pelton. the facts as proven by the witnesses are as follows. W^m H. Pelton a Grocer and Baker living in this place (Hopkinsville) had been in the habit of enchanging bread for flour with the Rebel troops then in the possession of this town and county. in the Month of January 1862. D^r James S Rowland the Provost Marshall under Gen^l Clark (Confederate). went to the Grocery store of said Pelton and demanded the possession of the house and premises Pelton gave up the Keys. to Rowand. Rowland returned to Clarks head quarters and directly afterward returned to Peltons store. on his return he Rowland met with W^m M Shipp and asked him to go with him down to Pelton. store. Shipp went with him. and was in the house Whilst Rowland and John S. Fisher were examining Pelton^s stock of Groceries. Shipp was in the house but a short time and left. their was no proof introduced showing that Shipp had any connection with the taking of the house or the goods of Pelton. Rowland ~~are~~ ^ar^ same and returned the keys to Pelton the day after the taking.

D^r Rowland (who was indicted ^separately^ and tried at the Same court that Shipp. was) in his testimony before the court stated, that he was directed by Genl Clark to take possession of Peltons store and that Shipp. had nothing to do with the matter whatever. he Rowland admitting on the trial that he allone had committed the act and
that hapening to meet with Shipp on the street asked him to walk with him to Peltons Grocery as he would any other acquaintance he might have met with. their was no property moved from the premises and no injury done to the house or premises D^r Rowland was tried after Shipp was and the facts as before Stated were fully proved against him and the Jury returned a verdict against him and the Jury returned a verdict against Rowland for two hundred and fifty dollars. Upon the trial of Shipp with the facts before the Jury as here stated they returned a verdict of Four hundred and fifty dollars. as in other wards, the party who committed the offence was find only two hundred and fifty dollars. and a person who by accident went to the house in company with the guilty party was find four hundred and fifty dollars. and that finding was under the admission of the Principle who was a witness and fully exonerated Shipp from any and all complicity in the matter whatever. Shipp and Rowland were tried by separate Juries Rowland further stated that his object in taking Shipp with him was that Shipp should assist him in invoicing the stack but Shipp did not assist in the invoice. Rowland did not apprise Shipp of what he wanted him at the time Shipp left the house Fisher and Rowland were invoicing the Goods the above is the substance of the testimonoy given upon the trial and the Counsel for s^d Shipp deeming the evidence insufficient to convict deft made no argument to the jury --

Phelps & Rodgers
AttysforShipp

We the undersigned would respectfully ask the Governor of Kentucky in view of the foregoing Statement of facts that he remit such portion of the fine against said Shipp as is going to the Commonwealth of Kentucky We are well acquainted with the attys' Phelps & Rodgers and believe their Statement in relation to the testimony afs^d to be true and that said fine is excessive under s^d proof --

April 24^th 1863 --

I am well acquainted with Mess^rs Phelps & Rogers and believe their statement in relation to the testimony afs^d to be true -- Jno P Ritter --

E, M Buckner
Jno B Gowen D S, for Christian County
John C Latham
G. A. Champlin
A R Long
P Hanley

Christian Cir. Ct
W^m M. Shipp

I am here satisfied that Mr Exeter should interpose in this case

J F R.

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