<title type="main">J. W. Menzies to Beriah Magoffin Edition created from new transcripts of this manuscript. Initial upload of this work's facsimile images and metadata to FromThePage for editing Kentucky Historical Society Digital Collections Administrator of the CWGK Migration transcription project on FromThePage Kentucky Historical Society Digital Collections Kentucky Historical Society Digital Collections made 4 edits between June 22, 2025 and June 22, 2025. Dynamic TEI export from FromThePage (version 22.10)

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 November 11, 2025 Kentucky Department for Libraries and Archives Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862 KYR-0001-020-0813 MG19-278 to MG19-279

Covington, Kenton County, Kentucky Covington, Kenton County, Kentucky 1861-03-26 Petition English Version 1 of page "4": Changes to page transcript. Version 1 of page "3": Changes to page transcript. Version 0 of page "4": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "3": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "2": Changes to page transcript. Version 1 of page "1": Changes to page transcript. Version 0 of page "2": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "1": Empty transcript -- probably initial upload of page facsimile.
1

Covington Kentucky March 26. 1861 Governor Magoffin My Dear Sir

I write in behalf of James and Thomas Fitsgerald who have been convicted at term of our Court for shooting without doing injury and ordered to six months confinement in the County Jail and to pay $100 apiece I ^do not^ believe that they shot at all. They were trying to dispossess a tenant and undetook to force their way into the house in order to serve a notice, and behaved badly and have been punished a good deal already and ought to pay $50 each, of the fines. Upon a subsiquent trial of an Indictment against one of them for carrying the pistol, the other testified against the two witnesses of the Commonwealth, and the Jury could not agree. I am not in the habit of signing petitions to your Excellency, and would not write this, if I did not sincerely believe, that those men were no further guilty than as above suggested. Mr Arthur, who has conduced to discontinue the case in which the Jury disagreed, will add a postscript.

Very Resptflly J. W. Menzies

P. S. accompanying this is a statement of Jurymen

J. W. M.

I send you one of the shot which was said to have been sent by the pistol through a pane of glass and lodged within 2 feet of the window on a table

2

I am of the opinion that the fine is sufficient punishment and that the imprisonment might properly be discharged. Mr Menzies is mistaken in his statement in the foregoing petition that I have concluded to discontinue the Indictment against one of the Defendants as to which a Jury disagreed, I have, however, that step under advisement -- this note is written at the request of Mr Menzies

W. E. Arthur Atty for Com'th

Since writing the foregoing, I have seen eight of the Jurors -- 4 of whom wished the imprisonment and half the fines taken and 4 were for retaining the whole of the fines. The other 4 I could not see conveniently and did not see them. I will remark here, that men were fined ten dollars each for injuring property, that is breaking the pane of glass. They are worth worth nothing but 17 acres of land 3 1/2 miles from Covington= $1200. subject to a bona fide mortgage of about $800, and a note on a good man for $200, I believe that they are honest men.

Resptflly J. W. Menzies

3

I cheerfully concur in the foregoing petition I heard the testimony about the shot

Jno. W. Finnell

4

Kenton Cir. Ct To Gov. Magoffin

Remitted as to imprisonment & respite fine 6 mos

B. M

Shooting James & Thos. Fitzgerald Iss Apr 11. 1861