To his Excellency Beriah Magoffin Governor of Kentucky.

Your petitioners whose names are hereto annexed would most respectfully represent to yoru honor, that we are well acquainted with both Darius Powers who was convicted at the February term last of the Graves Equity and Criminal Court, and sentenced to one years confinement in the Penitentiary of this state, and also with Frank Dunning the witness, & the only eye witness, introduced by the state on the trial of the charge, whereto was this striking maliciously with intent to kill, the said F Dunning by said Powers

Powers is a small man, and we can with truth say, by no means malicious but has generally born the character of a peaceable quiet man & good Citizen. Dunning the witness is universally understood to be a quarrelsome overbearing turbulant Bully, greatly superior in size & Strength, to said Powers, and fully able pleasurably to overmaster him in a personal encounter, It was proved on the trial that Dunning has threatened the life of Powers saying that he would kill him on sight, and that he on the same day of the difficulty and but a short time prior to the encounter left with his gun to search ^Powers^ up and carry into effect his bloody struck against him It was further proved that Powers used the Gun of Dunning in inflicting the striking complained of the whole evidence, (except that Deposed by Dunning himself) circumstantial it is true, tended strongly to show that Dunning & not Powers, was the party most to blame, and that

in fact, Powers done what was done in self defence and because he was compelled to so do to avoid [greatt] bodily harm at least, and possibly death at the hands of said Witness Dunning.

Your petitioners would further state, that said Powers is a very poor man, not long married, and has a wife & two small children that he has no means except his own personal labor for their support — that his wife is very feeble corporally & wholly unable to procure even the commonest necessaries of life by her own labor, for herself & little children, that she is sick now, & without Bread meat or any thing else for sustenance except as it is furnished to her by the charitable hand of some kind neighbor and must & will starve together her children unless sustained by the interposition of persons residing near her, for she has no one save the aged and penniless father of her husband to whom she can turn for assistance in this her hour of trial.

We therefore for the above reasons, & for the sake of his starving wife & innocent babies, beg that your Excellency will exercise the constutional power so wisely entrusted to you for his relief and extend to said Powers that executive clemency, whish which his condition so much needs by granting to him a pardon & release from his present Bonds.

Joseph W Stall
M. T adams
Gabril Jones
W^m M Ransom
J P Morgan
H. M. farmer
A L Farmer
B Farmer
E B Halsell
William Bone
G.. B.. Burrow
R. M.. Ransom
B L Moore
J. N. Stier
J. W. Hocker
G. W.. Hocker
W. H. Young
J. W. Page
R F Crooks
J N Lynn
J.. Y.. Hocker
William Heath
J.. A.. Ledford

Darius Powers
case Pen^y
File the Petⁿ
B. M