Lebanon Ky Dec 29. 1860
His Excall'y Gov Magoffin
Dear Sir

At the Oct. term ^1858^ of the Jefferson Circuit Court Presly Ashby was tried upon an indictment for the murder of George Gossage. & upon said trial was convicted and sentenced to a term of ten years in the Ky penitentiary

Peter B Muir was then & is now Judge of that Court, but having been employed as Counsel for the accused, could not set as Judge on the trial of the case, And I was appointed by the bar Juge pro temp during the trial of this case & so acted

I have been requested by the friends of Ashby to join in a Petition to you for his Pardon.

I do so most cheerfully for the following reason A Young son of Ashby whose first name I do not now recollect was introduced as a witness on the Part of the defense; he was a most important witness for the defence, if a competent witness at all he having been present at the time of the Killing

and ready to give a version of what occurred at the time materially different from that given by the witnesses for the Commonwealth.

As was my duty I conversed freely with the boy & examined him as I thought thoroughly with a view to ascertain his capacity to testify before a jury; I came to the conclusion then, and cannot say to the contrary now that he was not competent to testify before the Jury; however upon much & earnest reflection upon the Subject Since, I have come to the conclusion that the ends of Justice would have been better Subserved, & the real facts of the case been better attained if I had permitted the testimony of the Young Ashby to have gone to the Jury & permitted the Jury to have judged of his capacity and veracity in giving his testimony in the case; And that I had determined if application had been made to me for a new trial, I would have granted it for the reason above set forth, & permitted that testimony to have gone to the Jury.

It will afford me much pleasure if upon a full view of all the facts which will be

presented to you by his friends You can feel yourself justified in extending to Mr Ashby your Executive clemency.

Very Respy yr most
obdt. Servant
J. B. Lancaster —

As you will perceive by the superscripture this letter is written from Lebanon instead of Louisville. I am here confined by sickness at the house of my Brother in Law Sam^l Spalding Esq who acted as my amanuensis in writing this letter — I could write you more fully with regard to this matter did my health & strength permit —

Very Respy
J. B. Lancaster