Gov^r B. Magoffin

Being informed of an intended application to your Excellency for a commutation of the punishment of Stephen Duval, who was convicted of murder at the last term of the M^cLean Circuit Court, to confinement in the penitentiary, and having assisted Mr Maxwell, the Com^ths atty. in the prosection, and having prosecuted Duval before the Examining Court at the time of his commutment on paid charge, I have to State, that from the circumstances of the case as developed on the trial, — it appearing that Duval was is a man of weak mind, — almost an imbecile — that his confederates in

the crime were men of intellect and strong will, that Duval was under the influence of liquor when the deed was perpetrated — and that he was seduced into it by his confederates, Norman & Baggett, I am of opinion that ends of justice ^Justice^ would be subserved by commuting the punishment to confinement in the penetentiary for a term of year.

If your Excellency cannot commute without an act of the Legislature to confer the power, then I join in the petition to reprieve the executionor respite the execution until the Legislature shall assemble

verry Resp'y
Cha^s Eaves
Greenville KY
Novr 5 1861