The Commonwealth
vs } On an indictment in the Madison Circuit Court for the Murder of Woods Caperton
Francis Searcy

The undersigned respectfully petition his excellency the Govenor of Ky to pardon the dft in the above named case under the peculiar & oppressive circumstances attending it. The deceased Caperton at the time of the fatal uncounter drew a large Bowie Knife on the dft Searcy & threatened his life & dft persuaded Caperton to put it up which he did. Caperton drew the knife a second time & was brandishing it at dft being very near to him whereupon the dft for the first time drew a pistol & shot Caperton firing but once.

The dft was arrested & shortly after tried by an examining court in the town of Richmond within less than fifty yards ^of^ where ^the^ affray took place & was acquitted by the examining court. The case was at the next term of the Madison Circuit Court brought before & thoroughly examined by the Grand Jury & that Jury refused to find an indictment The case then laid until the next circuit Court when as is generally believed a

Grand Jury was arranged for the purpose of indicting the dft & an indictment was found which is now pending

Your petitioners do not believe that a Grand Jury fairly empaneled could have been found in the county of Madison which would have found an indictment in the case & they state that the proceedings against the dft are oppressive & unfair The Judge who presided at the time the indictment was found & the foreman of the Grand Jury are both relations of the deceased & Harris ^the foreman,^ divers others of the Grand Jury were not selected by the Jury commissioners — We believe that public Sentiment would sustain your Excellency in pardoning C^ol Searcy the dft who is a poor man Very far from having the means to defend himself properly

Searcys case — Madison