Thomas Stevens to James F. Robinson

KYR-0001-033-0009.xml

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Accession Number

KYR-0001-033-0009

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Apprehension of Fugitives from Justice Papers, 1862-1863

Item Location

R3-32

Place of Creation

Jefferson County, Kentucky

Date of Creation

n.d.

Dates Mentioned

1862-10-25

1862-05-24

1862-11-07

1862-11-06

Thomas Stevens to James F. Robinson, n.d., Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Apprehension of Fugitives from Justice Papers, 1862-1863, R3-32, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-033-0009, (accessed December 4, 2024).

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To His Excellency James F Robinson Governor of the State of Kentucky.

Thomas Stevens states that on the 25^h day of October 1862, in the Jefferson Circuit Court He was convicted by a Verdict of a Jury of ^the^ murder, of one Gotlieb Deiss, on or about the 24^th day of may 1862 in the City of Louisville:

He states that He is a man with a wife and several small children; and that when there was a call for men to serve in the army of the Union He volunteered: in Captain Bloods Company, and was on duty in the said City: ^at the time of the difficulty^ That He became acquainted with Fred Wyman a fellow Soldier; and on the morning of the shooting of said Gotlieb Deiss, He and said Wyman went into the W^m Tell Coffee House: Kept by Christ Best, and the said Gotlieb Deiss; was the Bar-Keeper: They called for something to drink, and whilst the Bar-Keeper was preparing the Drinks; said Wyman was making cuts, with his sword, and broke a Chandelier and proposed to pay for it throwing down a Bank note on the Counter, and the Barkeeper said he had no change and Christ Best, took it up toand did go out to get it changed; Wyman called the Barkeeper a Son of a Bitch, and said he ought to keep change, and asked him if he wanted to go to hell; the Bar Keeper told him not to repeat what he said and
Wyman did repeat it, when the Barkeeper began to throw glasses and Wyman stooped down and drew his pistol, and raised and fired; Your petitioner also drew his pistol (which was not loaded) when the Barkeeper began to throw glasses at Wyman solely for the purpose of getting him to desist, and thinking it would make him, stop the difficulty with Wyman: He states there was three persons in the room besides himself Wyman & the Barkeeper, whose names are Christ Best R. G. Buckner, Soloman [Weile] and a woman by name Dora Gill in an adjoining room who saw the difficulty Christ Best was the only one examined And he stated the facts as above stated except that He stated that Your petitioner fired his pistol and shot Gotleib Deiss over the Counter: and that there was a Water Urn on the end of the Counter between Wyman and Deiss;

Harvey Slater a Watchman was then introduced by the state, who stated that He arrested Stevens and told him, that he was charged with shooting a man: and Stevens said "well if I did He^s not hurt much"

The coroner was then introduced who proved that Deiss died from the wound &c Your Petitioner then introduced Thomas M^cElvogue who said that he was a police officer, and that hearing of the shooting he went to see Deiss and
asked him who shot him, and he said it was Fred Wyman:

C. L. Stancliffe was then introduced who stated that He was Chief of Police and that hearing about the shooting he detailed some police officers and directed them to arrest Wyman and Stevens, and that he took them to the room where Deiss was lying, and asked him if he knew who shot him and he said He did and that it was Fred Wyman: He said he did not know whether Deiss was told that he could not live, or whether Deiss believed he would die:

The Judge said the evidence of M^cElvogue and C, L, Stancliffe, was not legal evidence, and refused to allow the Jury to consider it; whereupon your petitioner was convicted; and thus your petitioner by a mere technicality ~~your petitioner~~ is informed He has been convicted; and He prays your Excellency to interpose the Executive clemency in his behalf and grant him a pardon and will ever pray

Tho^s Stevens

He makes the Verdict of the Jury, with their names and the certificate of the Clerk and Commonwealths Att^o a part hereof.

T. Stevens

The above contains in substance, the evidence introduced in the trial

J R Dupuy
com atty

Jefferson
Cir Ct
Petition of
Thomas Stephens
Jeff Cir Court
Iss^d. Nov. 7, 1862

I am of opinion that the case presented to the jury by the proof was a near [...] to one of reasonable doubt

The after recovered evidence is also very nearly if not within bounds of admissible testimony

Under all the Circumstances the verdict with its high and irrevocable penalty resting on one witness I think should not be executed & so the Jury thought when they rendered it. His Petition is granted Nov 6^th 1862

J. F. Robinson

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