<title type="main">John Schwab 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-0001-020-1611 MG22-260 to MG22-261

Jefferson County, Kentucky Jefferson County, Kentucky 1862-01-14 Petition English Version 1 of page "4": Changes to page transcript. Version 0 of page "4": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "3": Changes to page transcript. Version 1 of page "2": Changes to page transcript. Version 0 of page "3": Empty transcript -- probably initial upload of page facsimile. 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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To His Excellency The Governor of Kentucky:

Your petition, John Schwab, respectfully asks leave to state to your Excellency that on the 23rd Oct 1861 an indictment was returned against him in the Jefferson Circuit Court, charging him with having, on the 7th Sept 1861, unlawfully ^& maliciously^ stabbed Herman Hubner with a knife, with intention to kill or wound said Hubner, yet without killing him -- that the matters of sd indictment were, on this day, Jany 14. 1862, tried & the Jury returned a verdict of guilty against your petitioner, fixing his confinement at one year in the Penetintiary -- The verdict is not merited by your petitioner & he therefore prays your Excellency to interfere in his behalf and grant him a pardon -- Your petitioner states that he was ruled into a trial by the judgement of the Court & in opposition to the wish of your petitioner as Expressed to the Court through his attorney. Your petitioner desired a postponement of the case & so moved the Court, on account of the absence of a material witness, one Albert Finster, whose written testimony, as taken down by the Police Judge on the Examining trial, was presented & read to the Court. This Albert Finster was a Commonwealth's witness at the Examining trial & was also set down as a witness for the Commonwealth at the foot of the indictment; but your petition could not procure his attendance in the above trial, for the reason as shown to the Court that said Finster had enlisted in a Military Company and was absent from Louisville, though in Kentucky with the Military Company -- Your petitioner asks leave to present to your Excellency's attention the following which

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is a true copy of the testimony of the aforesaid Finster as taken down by the Police Judge:

"Albert Finster -- Live under Union Hall -- heard a noise on Wenesday evening went over and heard Hubner telling accused not to raise a fuss in his house & take him by the arm & lead him out on the street -- when they got out accused drew his knife & Hubner tried by Extending his arms to keep accused from him -- accused went back until he got to a house wall -- Hubner followed him & Raamers who was on the street struck at accused -- dont know whether he struck him or not -- then Hubner made a motion as though he would strike & accused stabbed him."

Your petitioner states that he did not assault or stab Hubner till after Hubner pushed him out of the house followed him out & laid violent hands on your petitioner & while Hubner thus treated your petitioner, the witness Raamer followed your petitioner & Hubner out of the house & struck & kicked your petitioner who when he was falling from these blows, tried to defend himself with his knife from the attacks of Hubner & Raamer, both of whom are large men, much larger than your petitioner, who is quite a small man, & in defending himself thus, your petitioner did stab Hubner -- But he somberly states before his Maker, that he acted thus solely to defend himself; and if in doing so, he acted wrong, yet it was done in a sudden affray & in sudden

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heat & passion, without any previous malice; and he therefore humbly hopes & implores your Excellency to pardon him -- Your petitioner is a young man with sisters & he has never before committed any offense or misdemeanor & he hopes your Excellency will not permit his character to be blasted or the feelings of sisters wounded by your petitioner's confinement in the penetentiary -- And your petitioner believes no verdict of guilty would have been rendered against him if he could have had the benefit of the testimony of Albert Finster; which he could not procure for the reasons already stated & which he was deprived of by the ruling of the Court -- Again your petitioner humbly yet Earnestly prays your Excellency to pardon him as, as in duty bound; he ever will &c

John Schwab

Subscribed & Sworn to by John Schwab, Jany 14th 1862. Wm Shryock D clk C C L

I was one of the attys for John Schwab the above petitioner, but was compelled to be absent when the trial was had &c, I know their are facts in the case, that strongly appeal to Executive Clemency, and I therefore unite in asking your Excellecy to grant him a reprieve

W C Rice

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We are well acquainted with the petitioner, Mr John Schwab -- He is a young man of respectability, a German by birth, and anything he may ^say^ is Intilled to full Credit --

He is honest and industrious, yet poor and we cheerfully ask your Excellency to grant him a pardon as he has prayed.

Philip Webb Levi Weill Francz. Kaltwasser Rudolph Schimpff Joseph Sheffler J. A. Roberts Luis Knorlock Valentine Kolb Geo. A Sippel W Butholf A Mass T. Leiff V Seisler John S. Edward H. S. Brown Thos Williams H Brobston John Jos Greenbrier Joseph C T. Walker

Issue Pardon B. M