Henry C. Van Leggern et al. to James F. Robinson
- Document Genre
- Petition
- Repository
- Kentucky Department for Libraries and Archives
- Collection
- Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863
- Box / Folder
- R4-469 to R4-471
- CWGK Accession Number
- KYR-0001-029-0618
- Rights
- This image and its transcription are freely available to the public. Images appear courtesy of Kentucky Department for Libraries and Archives. Transcriptions and annotations were created by Kentucky Historical Society staff, volunteers, and interns. When referencing this document, please use our preferred citation.; The use of transcriptions, images, or annotations from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce any material on CWGK is required.
- FTP Identifier
- 32211820
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Citation
Henry C. Van Leggern et al. to James F. Robinson, Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, Kentucky Department for Libraries and Archives. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, https://discovery.civilwargovernors.org/document/KYR-0001-029-0618 (November 14, 2026).
To His Excellency James F Robbinson
Governor of the State of Ky.
Your petitioners, the undersigned members of the Court, Jurors, and citizens would respectfully State, that on the
It was proven by the Commonwealth's witnesses, that on the day of the killing the accused and his wife, the deceased, had been out riding in a buggy; that they came home to the house of the mother of the accused where they were Stoping; that the accused and his wife, when they got out of the buggy went into the house together. where his mother was; that there was no other person beside the accused, his wife & his mother ^there^ at the time. It was proven by Policeman Shanks ^that accused^ exhibited evidence of intoxication; but that he helped his wife out of the buggy and tied the horse, and then went into the house as afd. The mother who was introduced by the State, Said that accussed had a pistol; on his hand person and was wanting to out out to take the horse and buggy
home. His wife was trying to get the pistol from him; he was in a wild apparently unconscious State; that his mother Said to his wife that She had better let him go; that She thought Some of the watchman would take it from him when he went out. His wife replied that She thought She could get it from him that She could always control him or do more with him than any one else. The mother left the room and went to her next-door neighbor, to get ^him to go for^ an officer, to come and take it from him; Saying that he Seemed unconscious as a little child of the danger ^in the pistol^. She had only been out of the room about two minutes when She heard the pistol fire ^She thought that his wife had tried to take the pistol from him & it had went off accidentally.^ She returned with her neighbor Peter Zanane, and found the deceased lying on the floor on her Side with a bullit hole in the center of her forehead. She was not dead, but was unconscious and Speechless. The accused was out in the back yard walking back & forth in an unconscious State of mind. In a Short time officer Shanks went to him to arrest him; and accused asked Shanks "what was the matter"? Shanks told him "You have Shot and killed your wife." Accused respponded "I have? Let me go in and See." Shanks ^and another man^ took him to Jail in a buggy. Shanks said as he went along, he Seemed in a Stupid condition. The man with
him tried to get him to tell how it occurred; and why he done it? But he Seemed to know nothing about it. Said he knew nothing about it. The Pistol was found lying on a bed on top of the cover in the room where his wife lay,
It was proven by Mr Zanane, Miss Blackburn of Woodford County, who had known them for Some time, intimately, that they exhibited an extraordinary affection for each other; that they Seemed; miserable when not in each other's society. That they never was known to have a cross-word, a Jar or discord, between them. The mother Said they had no children although married for Some 10 or 12 years; and that they Seemed more devoted to each other than any two people She ever Saw; that they Seemed perfectly miserable when absent from each other. That he always treated her with the most perfect kindness; and that She could, and did exercise great control over him. Miss Blackburn was at Mrs Suttan's in the city where they took dinner ^the day on which the Kelley accused.^ Said that his manner was very kind to her; but that he Seemed not to be in his right mind — that his actions were Strange — and peculiar, and made the impression upon her that his mind was not right. Said that he had a strange look out of his eyes; and that he did not act, or look like he did when she had before Seen him. She did not think his mind was right.
4His mother said that for Some time before, that his mind had seemed impaired. Said that they — the accused and his wife had about two weeks before the accident — returned to her house from a trip to Ironton Ohio; that his wife told her that accused had a Severe spell of illness — had Spasms and was raving so as to require two or three men to hold him; that She called in two Physicians to attend him; that they blistered the back of his head and neck; that the evidence of the blisters, was plain to be Seen when he returned home; that his wife Said he had like to have died in those fits. His mother Said, that ever Since his return from Ironton, his mind had Seemed unsound= Mr Zanane had frequently seen him acting very strangely — had Seen him reading, or pretending to read with the rong end of the paper to him= thought he acted Strangely. Thought it was on account ^of medication^ Dr. — Owens a Physician, of the city was called for Deft. Said that about a year ago he was professionally called to see accused; and after examination found that there was a general wreck, or giving way of the mental faculties. Said that from long habits of dissipation or Some other cause, his mind Seemed to be rendered imbecile —, that about a week
5before he Saw an account of the Killing in the News-papers he was again professionally called to See accused. Upon examination he found that he had Delirium tremens, or Mania Potu. Said that his ^physical System and his^ mind was in a worse condition than when first called a year ago. Said that his whole System Seemed depressed and deranged, and his mind rendered imbecile — that it was a confirmed case of Delirium Tremens or mania potu. Said that his mind, was so deranged and debilitated, as to render him incapable of comprehending the nature or heinousness of the most wreckless acts. That he had, as he learned from his mother Just before he was called, fired off a pistol, which Sent its contents through the Sealing of the house. Said that he did not See him after that time, until the accident occurred; but Said that his mind could not possibly have changed materially from the time he Saw him, up to the time of the Killing. Regarded it as a confirmed and hopeless case of mental imbecility — that his mental & physical System Seemed destroyed, or rendered incapable of commonist action. Incapable of any a rational action.
The Jury returned a verdict of Man
Slaughter, and fix his imprisonment at a term of three years and 9 months in the Penitentiary.
In view of all the facts and circumstances in the case we the undersigned recommend the unfortunate accused to as an object, worth of Executive clemency; and would therefore pray your Excellency to interpose, and pardon him. And in view of the Statement of Dr Owens the Physician we would recommend that Steps be taken to send him to the Lunatic Assylum.
Citazens Names
Henry G. van Leggern
Judge [...]
John Holbern
Thos Jefferson } one of the jury
F Can Seggern
{one of the Jury Henry Dennis}
Edward N. Kinswan
Citizens Names
