To the Honorable Beriah Magoffin
Governor of the Commonwealth of Kentucky

The undersigned would respectfully represent to your Excellency that one Francis Hay — a citizen of the state of Virginia, was arested, on the Ohio River, early in the month of March last, charged with stealing a Skiff valued at $12= he was tried before an Examining Court, in the town of Hawesville, Hancock County, and in default of bail, was committed to the County jail, where he has remained, ever since early in March last. The Circuit Court being now in session — in the Town of Hawesville — Wednesday Aug 15^th the said Hay, was brought before the Court on yesterday, and tried on an indictment for said Larceny — and the Jury, after rather a long session, returned their verdict this morning, sentencing said Deft to the Penetentiary, for one year — which your Petitioners think was hard, even under the law and the testimony in the cause. The testimony was in substance this, That on (one) Monday, early in March last, Deft., came to the Wharf Boat, of one Mr. Brown, at Troy Indiana, and enquired when the Packet, would be shown stating that he wished to go to Shawneetown Ills, when he was informed, that the Packet would not go down until Tuesday — Deft then employed a Boy to take him to some coal Boats, then passing, which was done; but Deft. failed to get passage on them, and said Boy took him, at his request — to the Ky. shore — landing him, about 11. O. clock — on said Monday about 50 yds from said Skiff. The son ^of the^owner of the Skiff — testified that it was missed from the mooring between 8. & 9. O clock — on said

Monday night, aforesaid. Said witness also testified, that on Tuesday he enquired about his said Skiff, at the Wharf. Boat at Troy, and then took Steamer in pursuit, finding his said Skiff, with Deft. in it, near Newberg, Indiana — went out to him in a Skiff — and took Deft to Newberg — Deft making no resistance at any time — in the Skiff — at Newbery, or elsewhere — Witness, failing to procure Process at Newberg Indiana Deft agreed to come with him to Hawesville for examination, without process — a distance of 50. miles — where he was imprisoned as aforesaid. It was also in proof, that said Skiff was a noted one, being marked — D. Harden, but that no effort had been made, on the part of Deft — to obliterate said name, or to change the appearance of said Skiff, in any manner whatever. It was also in proof — that Deft when overtook, said first — that he got the Skiff — or bought it, at Westport, and then opposite Lewisport in Ky — (Lewisport is in Ky — this is about the only attempt at prevarication proven) and the resemblance t in the names will be observed. The Jailor testified to the good conduct of Prisoner, during his long and rigorous confinement. And Defts Counsel, offered letters of character, from persons, at different points in the State of Va — in whose employ Deft had been for a long time — as well as a letter of character purporting to be from a Pastor in the M. E. Church. Letters were also received, by the Jailor, during Defts confinement, purporting to have come from the person of whom he ^Deft^ had purchased the Skiff — but with whom Deft — was not acquainted All of which letters, so offered in evidence, was ruled out by the Court.

Defts evidence, or statements rather, part of which is already detailed — was tacitly admitted as evidence in the cause. He stated that he had purchased said Skiff — of a perfect stranger, whose name or residence — he did not know for $3.50 — Deft Francis Way, is one of the most genteel, and best looking men in the Court House, whose countenance and department is no index whatever to a theif but only that of a perfect gentleman. Your Petitioner would therefore respectfully prey, for the exercise of the Executive clemency to its fullest extent, in the full Pardon of the said Frank Way.