John McCaw to James F. Robinson

Accession Number

KYR-0001-029-0361

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

R4-80 to R4-83

Place of Creation

Lexington, Fayette County, Kentucky

Date of Creation

8 May 1863

Dates Mentioned

1863-04

1863-05-08

1863-05-15

To Hon James F Robinson Governor of Kentucky,

Your petitioner John M^cCaw states that on the [ ] day of April 1863 he was assaulted and abused & insulted by one Henry Beams in the manner set out in the accompanying affidavits of Asa M^cConathy and W^m M Yates & E W Dawson. He does not desire to make any statement in the matter himself further than to say that he acted in the whole affair on the [...] and did not use harsh language or resort to blow^s until he had been grossly insulted and assaulted.

That before this case was tried he employed Counsel to appear before the Court and had his witnesses supoened [...] of whom attended or stated by them and none of whom were examined

That he did not attend in person as he supposed Messrs Hunt & Rich or one of them would appear for him and examine his witnesses of whose testimony they were apprised and made acquainted. He was fined under these circumstances by the Jury $100⁰⁰ & costs and the only witness against him & examined was Kearns himself.

That before these affidavits were taken the period allowed by law for application for a new trial expired and thus the only mode of redress to get clear of an an exorbitant & [...] fine is this application to yourself — He asks a fair hearing of his case and a careful perusal of the testimony

Jn^o M^cCaw

If the Deft had applied for a new trial, within the time prescribed by Law, I should have granted a new trial, believing the verdict not warranted by the evidence —

Speed A. Goodloe
Judge of L.. C. C

The affiant Asa M^cConathy states that he is a resident of Fayette County and on the day of April 1863 he was standing conversing with E W Dowden in front of Capt. D P Beards stable in Lexington Kentucky and observed Mr M^cCaw and Henry Kearns conversing in he he thought angrily & excitedly together — affiant did not hear the first words that passed but he heard Kearns call Mr M^cCaw a damned scoundrel — The latter called him a damned liar — Kearns then advanced towards M^cCaw in a menacing manner when the latter raised his cane — Both struck about the same time and Mr M^cCaw was knocked down. — I think Mr M^cCaw did not advance at all but maintained his position.

I was summoned as a witness in the Lexington City Court to attend the ~~trial~~ trial but failed to attend as I was compelled to be at a sale in the County

The above is the substance of what I saw and observed of the difficulty.

Assa. M^cConathy

Also the affidavit of W^m Yates who being first duly sworn states that on [ ] day of April 1863 he heard a conversation between Henry Kearns and John M^cCaw Esqr about a load of wood. It took ^place^ in D D Lunderman^s Grocery Store in Lexington. Kearn presented an [af^t] to Mr M^cCaw for a load of wood and demanded payment Mr M^cCaw said he was not satisfied that he owed him the [aft] as he had bought the wood from Mrs Whitney^s Negro ~~sor~~ waggon owner but as soon as he was satisfied that he ought to pay Kearns for the wood he would do so, Kearns remarked to him that he would warrant him. M^cCaw said do so and if it is decided in your favor I will pay you or in words to that effect Mr M^cCaw then professed to leave the matter to Mr. Anderson who was present when this trade was made for this wood to decide if he ought pay for it, Kearns did not reply to this but remarked that he believed Mr M^cCaw was a damned ^old^ rascal to which the latter responsed that he Kearns ought to be ashamed of himself to talk so to ~~him~~ ^a man of his age^. M^cCaw walked out and Kearns following

What took place or occurred afterwards affiant cannot state —
Affiant states that he has detailed the conversation as accurately as he can remember it and it was very evident to him that Kearns wanted to provoke a Difficulty with Mr M^cCaw from the outset as he was insulting in his bearing and conduct.

He was summoned as a witness to attend the trial of this Matter at this Lexington City Court and attended the Court but was not examined as no Defense was made by Mr M^cCaw as his attorney^s so affiant is informed failed to attend the trial. No one was examined at the trial of this case but Kearns who was the Com^ths witness, Affiant never answered until the trial was over why he was not examined When he learned Mr M^cCaws attorney^s did not attend the case

W^m M Yates

The affiant E, W, Dowden states that in April 1863 no ~~day~~ and ^said^ M^cConathy as stated by him saw the difficulty between John M^cCaw & H Kearns. Affiants thinks John M^cConathy mistaken as to place where affiant and himself were standing, it was on the pavement near to Lundermans grocery. When he first observed them they were coming out of the grocery talking angrily together and the first words he heard Kearns tell M^cCaw he believed him a damned rascal or scoundrel to which the latter said Kearns
was a damned liar. Kearns said if he M^cCaw called him that again he would knock him Down. M^cCaw repeated it and Kearns advanced towards M^cCaw who raised his stick to strike and affiant thinks struck Kearns who about the same time struck him and knocked him ~~& knocked him~~ down M^cCaw on arising picked up a stone and threw at Kearns, Kearns knocked him down again. M^cCaw again threw another rock at him when I caught Kearns & held him and stopped the fuss.

Kearns is a young man and Mr M^cCaw is an old man. I was summoned as a witness ^for M^cCaw^ at his ~~E W Dawken~~ trial at the City Court & was present but not examined as M^cCaw made no defense in person nor by attorney

E W Dowden

Fayette County
State of Kentucky

Personally appeared before me the Presiding Judge in the County Court in and for said County Asa M^cConathy. H M Yates & E W Dowden who made oath to and subscribed the foregoing affidavits in my presence.

Witness my hand this 8th day of May 1863.

C D Carr Pres Judge Fay Cir Ct

Lexington City Ct
Jno. M^cCaw Pettn to remit fine
$100 } Mis —
Fine remitted
J F Robinson
Iss^dMay 15^th 1863

Send to Judge C. D Kerr
Lexington

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