<title type="main">Ephraim L. Van Winkle 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-0001-020-0896 MG19-411 to MG19-412

Somerset, Pulaski County, Kentucky Somerset, Pulaski County, Kentucky 1861-03-29 Correspondence 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.
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Somerset Ky March 29th 1861 Gov Magoffin Dear Sir

There is an Indictment pending in the Lincoln circuit court against Adam- Harper & others upon a charge ofthe murder of Rowsey Some fifty men were concerned in the matter & the best men of Lincoln county at least many of them, The man killed was perhaps the worst outlaw in America, in fact he was a perfect Hyena this I know of my own observation, The only difficulty in making a defense arises from the fact that the man hung was at the time in prison and could have done the parties to immediate harm, they how ever had reason to believe that he would be bailed out in a few days, which from the Known character of Rowsey filled the whole country with terror as he had denounced venge^a^nce against the neighborhood, which afterwards mobbed him --

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The community generally altho condemning lawless violence, desire ^that^ the parties concerned in the mob, of Rowsey, should be discharged, I cannot well see how a conviction can be had against them besides it would be revolting to humanity to punish a whole neighborhood with death, many of whom have been and yet are the best men of the country and to make discriminations would be not only unjust but absolutely would be productive of far greater evils than a discharge of the parties,, After a careful survey of the whole matter I am forced to the conclusion that a pardon of all Indicted would be right and proper & that If such is the action of the executive to be used or operative after a nolesprosequi is entered, I will dismiss the Indictment, at which time the pardon can be filed by the counsel of the defendants, It occurs to me that the pardon should be signed before the and its delivery made upon condition of the dismissal by the atty for the commonwealth

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I am satisfied that such a course would meet with the approbation of the whole Country. I never yet have met a man who is willing that the parties should be punished with death -- I submit these suggestions chiefly from a desire to relieve the country from a prosecution which I am sure cannot continue without bringing worse evils than such as will arise from a single instance of escape from the penalties of a violated law by Executive interposition,

Yours Truly E L VanWinkle Atto comth 6th Dist

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Lincoln Cir Ct Indictment vs. Adam Harper & others Pardon Issd July 26th 1862