B. M. Cunningham to Beriah Magoffin
- Place of Creation
- Harrodsburg, Mercer County, Kentucky
- Document Genre
- Correspondence
- Repository
- Kentucky Department for Libraries and Archives
- Collection
- Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862
- Box / Folder
- MG19-264 to MG19-265
- CWGK Accession Number
- KYR-0001-020-0804
- Rights
- This image and its transcription are freely available to the public. Images appear courtesy of Kentucky Department for Libraries and Archives. Transcriptions and annotations were created by Kentucky Historical Society staff, volunteers, and interns. When referencing this document, please use our preferred citation.; The use of transcriptions, images, or annotations from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce any material on CWGK is required.
- FTP Identifier
- 32209212
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Citation
B. M. Cunningham to Beriah Magoffin, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, Kentucky Department for Libraries and Archives. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, https://discovery.civilwargovernors.org/document/KYR-0001-020-0804 (November 14, 2026).
To his Excellency the Governor of Kentucky
Your petitioner B M Cunningham respectfully states to your Excellency that on the [...] day of upon the trial had of him upon said charge he was sick in bed and unable to attend to his defense, which he has no doubt he could have done successfully had he been able to attend at the trial. He states here the facts upon which said charge was made against him as they really occurred. He [...]was in company with one James Patterson who had a fight with one John Chinn at the house of said Chinn he had gone there with said Patterson without any intention or expectation of a difficulty, and so far as he knew Patterson himself was friendly with Chinn and on his part had no thoughts of any between himself and sd Chinn. He states that while there an altercation of words took place growing out of occurrences ^and causes^ which which then and there first had a beginning, and ended in a fight between them ^Patterson & Chinn^ he your petitioner had no part nor hand in it struck no blows nor attempted nor threatened to strike, neither was he struck. After he was out of the house, seeing the violence of Chinn, and the fight at intervals still kept up between them, he did take up an axe but never used nor attempted to use it nor did he intend in any event to use it in hostilely toward sd Chinn nor any other person unless it should become necessary to do so in self
defence but happily no such necessity arose. ^And this and none other is your petitioner's case in which sd Judgment was rendered^
Your petitioner states that he is a young person in his twenty first year averse to fighting and publick disturbances and feels equally averse to paying a fine for an offense of which he is not guilty and very respectfully prays for the interposition of your executive clemency and to be released from paying said fine
B M Cunningham
State of Kentucky Mercer County.
Personally came before me J P Haggin Examiner for Mercer County the above B M Cunningham whose name is subscribed to the above petition and made oath that he believes the statements thein contained are true.
Jno P Haggin Examiner
To his Excellency the Governor
The undersigned was counsel and attorney for James Patterson at the trials of him and B M Cunningham and present and heard the evidence on the [...] day of
said Cunningham
Jno P Haggin
To his Excellency the Governor
The undersigned unite in the prayer of the foregoing petition of B M Cunningham
James Harlan Jr
O S Poston
I was present at the trials of Jas Patterson and B M Cunningham alluded to in the foregoing petition of sd Cunningham and heard the evidence there adduced and the case circumstances and facts there disclosed by the evidence was substantially the same which sd Cunningham has stated as above.
I consider his case one meriting the clemency of the Governor and very willingly unite in the prayer of the petition of sd Cunningham
John Slavens
Harrodsburg
Po. Ct
B M Cunningham
to } Petition
The Governor
Respite 12 months
$10 } Breach
Issd
