To His Excellency Gov^r Magoffin Governor of the state of Kentucky

Your petitioners respectfully represent that at the Decr Term 1861 of the Henderson Circuit Court Andrew J Hathaway (with Sanford Browning & Stephen Bennett) was indicted for the felony of a cow, the property of one Cheatham of Henderson County was put upon his trial at the same Term of court pleaded "guilty" and was sentenced to two years confinement in the penitentiary of the state where he now is and has been since the date of his conviction

The men above named Browning & Bennett were indicted jointly with Hathaway for the felony [...] described, put upon their trial at the same term of court. pleaded Not Guilty and were sentenced to one years confinement in the penitentiary of the state where they now are The witnesses who were examined for the Commonwealth, criminated in a much higher degree as ^probable^ doers of the felony Browning & Bennett than Had In fact ^it seemed that^ Hathaway^s connection with the felony if atall was by presence and silent acquiescence rather than active participation. Hathaway appears as a witness for the defence upon the trial of Browning and Bennett and it is generally believed that he entered his plea of "Guilty" by the advice and probably the intimidation of his co-adjutor in the felony in order that his testimony might be used in their behalf. Hathaway has a wife and two small children in a needy and helpless condition in truth absolute want is staring them in the face In their behalf and because we believe that Hathaway was but a mere fool in the hands of bad men, and that he is less guilty than the force of circumstances persuaded him to confess himself to be, we beg have respectfully but earnestly to ask that you interpose the executive clemency in his behalf, if not to the absolute remission of his penalty — at least to its reduction to the length of imprisonment (one year) adjudged by the jury to his accomplises Browning and Bennett

Very Respectfully

Geo. M. Vogel
Henry Ranes
A. J. Goode
W. E. Ladd
Jacob. Peters.
D Hollinger
G B Newcomb
T, P, Whitman
James. E. Cheatham
Albert G Crutchfield
James Pritchett
Thomas Booth
Mordibid Southerland
B F Told
James ,M, Powell
W. W Cheatham
G S Goller
[Albert] Crisinger
D,, M,, Smith
Charles Elliott
Geo L Robards
Powatan Randolph
Cassius Randolph
G Ranken
James M Powell
Robert Powell
Thomas L Long
Furny Long

Hathaway^s case — Pen