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To His Excellency Beriah Magoffin
Gov r of Kentucky,
Your petitioner, late counsel for John Bohan, charged with rescuing from the custody of an officer of the law, One InSometime in above up the river on the Indiana side, to witness a pugilistic encounter, which was prevented by the violence of their respective friends engaging in a fight with pistols wounding each other, upon which the Boats returned to the city wharf, when two of the persons encountered & fought with their fists & whilst thus engaged a person supposed to be Kegan, advanced upon one of the combatants named Welsh & shot him dead --
he fled, and a man by the name of John Gallagher who fills an Office called Deputy Marshall, without power to serve process, but really to act as watchman pursued him about One square into a house situated on fifth & water street & there seized him by the arm when Bohan came up & took him by the arm, the officer pushing him away. Bohan then caught hold of a man by the name of Conway, (who holds a similar office) to prevent his interfering, upon which Gallagher told him, that that man was an officer to let him go, which he did instantly saying that he would not interfere with an Officer, as he did so Gallagher ordered Conway to shoot Bohan, conway drew -- a revolver & snapped it at his head -- the pistol missed fire & he was not Killed, he then turned to Gallagher who let go Kegan drew a Bowie Knife and cut Bohan 3 times in the left side of his body & thought he
Killed him & upon the trial expressed his regret that he had not, Kegan got into the street which was crowded with people & made his escape, they never called for assistance from the people, who would have rendered it no doubt, if commanded -- these men Gallagher & conway were the only witnesses examined on the trial, the Doctor & the day police who arrested Bohan 3 or 4 hours afterward were not permitted by the court to testify to the wounds or their extent, This man was tried by a Jury at the y Termuntilfor 24 hours, were permitted to go home & when they returned reexamined Conway who I believe increased his Statement & the Jury found him guilty & sentenced him to imprisonment in the goal or penitentiary house for one year, I now say that the Man never was in custody such as the law made it penal
to rescue from, that Gallagher & conway are not Officers of the law, as the decission of the Court of Appeals in the case of Worthing &c vs Crawford will more fully appear, the refusal of the Judge to allow evidence of the length of time he was in goal & the extent of the wounds inflicted upon him by the police officer with his Bowie Knife, the influence of the men in power, though wrongful, the predjudice for these reasons against the prisoner, that if he interfered to prevent an assault by one man upon another, he was in duty bound, to have interposed to prevent it he is a stranger in Louisville & therefore neither Knew of any Felony having been committed or persons claiming to ^be^ officers being such, as they had no badge of Office indicating it, as they are furnished by Ordinance directing the mayor to supply each officer with one, which he is to carry in some conspicuous place about his person as evidence of his Official authority, for all these & other reasons I pray yr Excellency to pardon John Bohan out of the Kentucky penitentiary & you will be exercising yr power rightly & mercifully with great respect I am sir as ever yr obt Servt
John Joyes