To His Excellency Gov. Magoffin

The Grand Jury of Madison County on the 19^th Sept. 1860 found an indictment against John C. Arvine, Ben. F. Richardson, Lewis Thurman & Jesse Davis for maliciously shooting at Solon Harris on the 24^th July 1860. The defendants Arvine & Richardson entered into recognizance and have appeared — the process has never been served on Thurman & Davis.

Immediately after the alleged shooting a common law suit was instituted by Harris against Arvine & the other parties indicted in the Madison Circuit Court laying his damages at $10000, and as which he [had] out an attachment on all Arvine's property the other defendants being insolvent.

The common law suits was tried at the late March term 1862 of the Madison Circuit Court and judgment rendered agaist Arvine & Richardson, the suit having been dismissed as to Davis and Thurman for $1100. and costs.

On the trial it was proved that at the time of the shooting Harris himself shot first at Richardson, shooting himself two or or three times, that Arvine shot once, and Richardson two or three times. Harris was wounded in the face and head — Arvine escaped unhurt — and Richardson was shot in the leg ^as he says.^ The shooting occured at

Harris' yard fence on ^near^ the Ky River — and the defendants were going to a fish trap below Harris' house when ^the trouble^ came up.

Harris was confined to his home a few weeks from his wounds, and has since been well engaged in his business.

The indictement still continues. Part of the witnesses of defendants have left Kentucky, one of them is in the army of the United States, and his attendance cannot be procured, and the expenses of continuing the case are very heavy.

We do not believe that any judgment convicting the parties will ever be rendered, or ought to be, as much as we disapprove the offence charged.

Capt. Thos. Richardson the father of deft. B. F. Richardson and of Mrs Arvine, and John Arvine the father of J. C. Arvine who are the sureties in their bond, are among the most respected, pious and honorable citizens in Madison County, and will suffer severely by the losses incurred in fees costs &c in the case

The undersigned ask to your excellency to grant a pardon to the defendants. They are both poor, with families of little children, and J. C. Arvine down to

the date of this difficulty was an industrious hardworking man of good character, and by the Sacrifice of his property sold under Harris attachments, the judgment costs — he will be ruined. In view of these facts we earnestly desire your excellency to grant the pardon to the parties and to have the indictment dismissed.

C. F. Burmain
D [Breck]