To his Excellency Beriah Magoffin Govenor of the Commonwealth. —

The undersigned Citizens of the County of Jessamine respectfully represent & petition as herein set forth:

That John J. McAfee was arrested in the Town of Nicholasville Ky— on the 5^th day of August 1861 under a warrant for an alledged shooting with intent to Kill — and on the 9^th day of the same month and year he was tried for said offence before James G. Bruce and James H Lowry Esqrs. Justices of the peace for said County as an examining Court — & by them adjudged that there were "reasonable grounds for believing that said Deft— M^cAfee was guilty of the offence charged" & held him for trial before the Jessamine Circuit Court in bail in the Sum of $4.000 & Said M^cAfee not then giving said bail was Confined in the Jail of Said County from that date till the 10^th day of August ensuing when Wm H. Daniel, Nathaniel Welch, Edward Cosby & John S. Welch became his bail in the sum named by the execution of the requisite Bail Bond before H. J. CampbellPresiding Judge of the Jessamine County Court — for his personal appearance before the Jessamine Circuit Court on the 1^st day of its September Term 1861 — The Said M^cAfee failed to make his personal appearance before Said Court as required by Said Bond & the Same was so noted on the record of said ^court^ & said Bond declared to be forfeited & Summons duly awarded thereunder against Said Securities for the ensuing March Term 1861 — of Said Court. —

Your Petitioners are Satisfied from all

the evidences and circumstances attending Said case and the Shooting charged that there are just mitigating facts and circumstances as to the alledged acting of Said M^cAfee which entitle him & his said Securities as Bail to the Clement Consideration of Your Excellency. —

The Shooting charged is alledged to have been done near the Court house in the Town of Nicholasville Ky — on the 5^th day of August 1861 — ^on election day — ^at one Wm McDowell — in a personal rencounter at the time and place between said M^cDowell & one W^m H. Daniel for alledged political differences — between whom several pistol shots were fired by each & at each other. —

At the time of said M^cAfee's examining trial it was believed and apprehended that said M^cDowell would die from the wound recieved — but is yet alive — & as we understand is recovering & now supposed out of danger of death resulting therefrom — & we think & believe that Such apprehension of his probable death resulting had great weight & influence with the examining Justices in affixing the Bail of Said M^cAfee so high as it was affixed — & which we then & now regard as excessive — & we believe furthermore that in Consequence of the excessive & extraordinary excitement on the part of said M^cAfee's enemies & political adversaries ^against him^ in the present & then political excitement it is now & has been ever Since Said M^cAfee was bailed out & left — as we think ^& believe^ positively unsafe to his life for him to have ^made^ his appearance at the Circuit Court or in this County — Since.

The evidence as developed in the case — is

that at the commencement of the rencounter between M^cDowell & Daniel, that before the Shooting between ^them commenced,^ a third party one D^r Young ^a partisan friend^ delivered to M^cDowell a Pistol & urged on him to fire on Daniel which ^he done^ in advance of any of fireing by Daniel — & so soon as they exausted their shots they each closed & M^cDowell was on Daniel & had him down on the ground & in the act of Strikeing Daniel on the head with his pistol when it is alledged that M^cAfee (as the personal & political friend of Daniel under the excitement of the moment & under a Seeming Simultaneous pressure of the friends of each party) ran in & fired a single pistol shot at M^cDowell — & here the whole affair ended —

We therefore petition your Excellency for your clement interposition in behalf the Securities in said Bail Bond — Sept 16 1861.

Sept 16. 1861 —

Thos B. Cook
G. W. Mitchell
Thos W. Robinson
J B Cook
S. H. Campbell
Jas L Cook

Elijah Bourne

A G. Halsner

Jas H Robards

Jessamine County Sct:

I am personally & well acquainted with the persons whose names appear to the foregoing Petition being thirty five in number & they are all resident citizens of my said County, are persons of honesty and probity & are each entitled to full faith and credit. —

Given under my hand this 16^th Sept 1861. —

M. T. LowryClk.
Jessamine County & Circuit Court.

Jessamine Cir. Ct
Commonwealth
$4.000 vs } Petition
Jno. J. M^cAfee —

No Judgment but M^cDowell recovering —
Remitted as to Three Thousand dollars

B. Magoffin

Iss^dNov 21. 1861