To his excellency Govenor Magoffin

The undersigned would represent that at the late [...]November term 1859 of the Morgan Circuit_ Harvey Morgan was convicted of manslaughter upon a charge of killing a man by the name of Harmon & was sentenced to two years confinement in the penitentiary and is now & has been confined therein for one week past_ The facts are substantially these. About two years from March 1857 Harmon moved from Virginia to Morgan County Ky & opened a distillery about one mile & a half from the residence of the convict_ The convict at the killing in March 1857 was about 18 or 19 years of age small of stature & of weak constitution, Harmon was a large stout man about 25 or 26 years of addicted to occasional intemperance & when partially in liquor excitable and dangerous_ The first acquaintaince between the parties so far as the proof disclosed was about one year before the unfortunate occurence which resulted in the dealth of Harmon — on that occasion the prisoner was going along the highway near where Harmon was at

work in a field the former was in company with young Lacey and Harmon as Lacey stated to the best of his recollection called them over to him_ though the witness was not sane — at all events they went over to where Harmon was and he immediately without any play being introduced began to kick & cuff the prisoner in a violect manner but laughed as he did it & the prisoner complained_ The next time they met the prisoner was standing quietly in a store or grocery in Hazelgreen and the deceased entered the room and without a word went up to & Struck the prisoner on the side of the neck & knocked him against the counter those present interfered and the matter stopped there this was about 2 or 2 ^1/2 months before the killing on the friday night ^week^ before the killing the prisoner in company with one Smith was passing by the deceased distillery of the deceased & the latter called to Smith to know where they were going & was answered that they were going to Johnson Morgans the father of the prisoner who lived about a mile & a half from the distillery — the widow Lacey lived about half way between the

distillery & Johnson Morgan with whom the prisoner lived_ the prisoner himself being the owner of the tract of land upon which him & his father lived, and Harmon called to the prisoner & Smith to know where they were going & was told they were going to Johnson Morgans & said to them to wait a moment & Joined them saying he was going to Mrs Laceys as they went along Harmon commenced cuffing & stricking the prisoner who askd him to desist and complained of his conduct but the deceased kept it up and finally pushed the the deft rudely & violently against the corner of the fence & down into the corner & took him by the hand & led him off in the dark some steps out of Smiths sight & hulloed to Smith to go on that he did not wish him there. Smith refused to do so. Harmon then made Smith hold up his hands ^to show he had no weapon^ and to use his own phrase "happy" to him we I suppose he made him beg & pray Smith did not see or hear this, but it was disclosed by what occurred at the fatal scene, Between this and the next friday night the

prisoner went off ^to^ a distant part of the county to buy a farm alledging as his reason his fear of Harmon & that he on that account wished to leave the neighborhood and was gone on friday night before the killing but it has did not appear that Harmon knew this_ Harmon on that night again saw Smith putting the still house & asked him where he was going and was informed he was going to Johnson Morgans and Harmon said he would go with him as far as Mrs Laceys and did so & when they got there Harmon said he would go on to Morgans and went on to the fence near Morgans house, Harmon before Starting put a bottle of whiskey ^or liquor^ in his pocket & did not stop to hide it by the way when they reached the fence Harmon said they did not like him there and he would not go in_ then mentioning this for the first time Smith went on & informed Johnson Garrett Morgan of what Harmon said & Johnson Morgan went to the door & called to Harmon to come on & Harmon replied no for him to come out there & Johnson Morgan declined & Harmon knowing

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the weakness & appetite of Morgan for liquor then told him to come out there he had some liquor & insisted that he should come out & drink (this was all after dark) & Morgan refused and finally Harmon went to the door and persuaded Morgan to go ^a coon hunting with him & Morgan said it was too dark and he then persuaded him to go^ out to the fence telling him he had the liquor there and Morgan could resist the temptation no longer and went_ when they reached the fence Harmon said he had fooled him_ that he had hid the liquor down the branch and tried to [...] him off down there but Morgan preemptorily refused to go and he then told Johnson Morgan that he had nothing against him_ but he hated Harvey (the prisoner) and intended to kill him_ but wanted it to make no defference with them, The prisoner returned next day and his father informed him of the threats afd on saturday night and on the next day Sunday there was preaching at Morgans meeting having been appointed there that day because of the protracted illness of his the prisoners mother & Sister who were unable to go to church on that Morning about nine oclock

the mother ^of the^ prisoner observed to him the hawks are after the chickens and to take the gun & shoot them — it apeared also that he hawks had before repeatedly been after the chickens and the prisoner took the gun out of the rack & went out & did not get a shoot at the hawk — and returned & they were then [beyond] the benches for the meeting and the prisoner came in & laid the gun on the bed and immediately began to assist to place the benches & the gun remained on the bed until after meeting was over & until the shooting of Harmon, the meeting closed about 12 AM and about that time Harmon was at the still house & said he was going up to Morgans & was told that meeting was over & replied I do not care a damn for the meeting I am not going to that I am going up there to have a settlement with Harvey Morgan & as Harmon went he met the people who were going from the meeting & was told it was over, The prisoner owned the house & land and the house was a cabin with a porch five & a half feet wide in front — with a door in front & it did not appear it had any other door_ When Harmon [...] there the prisoner & his cousin young Lacey

were sitting on a bench in the middle of the porch to the right of the door and the deceased went up & spoke — Lacey returned the salutation — the prisoner did not — the deceased then went up & took hold of the prisoners wrist & sat down by him holding his wrist & said old bud whats your opinions of rats — the prisoner replied Harmon go away I want nothing to do with you you caught me alone & when I could not help myself and maltreated me & made me do that that I did not wish to do_ Harmon replied that he he ^would be^ damned if he went away until he got ready and said you are mad are you oh yes old bud I made you hold up your hands & [...] to me you are a damned coward — the prisoner again temperately ordered Harmon to leave his place, Harmon swore he would not go and invited the prisoner to go outside of the fence & said to him I come to & want to have a settlement with you come out & will settle with you. The prisoner said I will not go you have threatened my life. Harmon replied you are a damned coward is the reason you wont go I come for a settlement & intend to have it. The prisoner again asked him to leave & told him he wished no diffi

culty & he refused_ this occurred & was [...] divers times six or seven in the meantime Harmon pulled out his knife & took a shaving & held the knife in his hand & chopping the shaving violently through & not merely whittling & while doing so cursed & abused the prisoner violently & finally an old neighbor interfered and chided Harmon mildly said to him he ought not to do so & he replied to would do as he damned please & would not go away until he got ready & said to the old man who so chided him to do you take it up if you do I can whip Harvey Morgan & Johnson Morgan and any one who takes up for them and continued his cursing & abuse & here some one advised the prisoner to go into the house to prevent for difficulty & he did so_ the deceased continued to walk across along the porch and to swear & talk as before & finally went up to the door of the cabin & placed his hands upon the pannels on each side took his hat exchanged his knife from one hand to the other reached back his hand violently and [...] violently to Johnson Morgan to come out onto the porch & he did so

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and Harmon said to Johnson Morgan Harvey has ordered me off had he any authority to do so indicating he would go if the father desired it_ J Morgan I do not know that he had & I have no objection to your Staying if you will behave your self, and Harmon said if you wish me to go make me go away I wont go until I am made J Morgan then siad I see you wish a fuss and I now say to you I wish you to go away off the place_ Harman replied I he damned if I do — make me if you want me to go — about this time the deceased began to walk with knife in hand violently to & fro upon the porch and to stamp his feet ^violently^ upon it as he walked swearing chopping violently with his knife & singing in the hearing of the females a re vulgar black guard song & the prisoner stepped to the door & send Harmon I thought I told you to go away — Harmon said make me go Ill be damned if I do until I get ready & again invited him out to settle it & then continued the walk song [...] as before & the prisoner

again stepped from the fire to the door of the small cabin & said Harmon are you not gone yet & received the same reply & insult as before & Harmon continued the same course & the prisoner returned to the fire & about this time & it does not appear that the prisoner heard it. Harmon said something about dogs & hunting & about going & went to the ^door where the^ step off the porch was & there turned facing the prisoner & with knife in hand open & chopping as before stood kicking violently against the end of the planks at the door still standing with one foot on the porch kicking with the other and as one witness said looking black & livid with rage & anger & at this point the prisoner snatched up the gun & shot Harmon in the front face near the eye. It is probable that the prisoner stepped aside to take the gun off the bed just as the deceased [...] of going & when he faced about the prisoner had just appeared front of the door where the deceased stood facing him, Wherefore we ask your honour

to pardon him_ The undersigned Turner was counsel for Morgan & Davidson one of the Jury that tried him & Burns a disinterested auditor at the trial this is the substance of the whole case Dec 9th 1859 There was a comwlths witness who stated that Harmon had started but turned his head & only partly his body at the time he was shot

A S Davidson
Thos Turner
H. G. Burns

Morgan's case
Pen^y Morgans