<title type="main">J. C. Cunningham 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-0001-020-1872 MG23-280 to MG23-281

Maysville, Mason County, Kentucky Maysville, Mason County, Kentucky 1862-05-29 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 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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Maysville May 29th 1862, To His Excellency Gov. Magoffin.

Yr. petitioner at the last Apl term of the Mason Circuit Court was indicted for keeping a tipling house, the jury failed to find him guilty of keeping a Tipling house, but found him guilty of retailing by the small and he was fined by the Court ten dollars & the costs of the proceeding -- The Circumstances proven on the trial were there that Benj Clarke came into my grocery and complained that he was sick ^and asked for a dram^ and in my absence Mr. Il Loyd who was staying with me, drew him a dram & he put down five cents and left, this was all the proof, & Clark was the only witness -- I had always instructed Mr Loyd not to sell to any one, but he informs me that he did not sell the whisky to Loyd -- but that ^Clarke^ Loyd came in and said he was sick & wanted some peper & whiskey -- that he got him a glass & put some peper in, and then showed him the barrell, and Clarke went & drew the whiskey upon the peper, and when he was going out laid a 5 ct piece upon the counter, At the time the case was tried, Loyd was absent & hence yr. petitioner could not introduce him upon the trial, Yr. petitioner under the circumstances thinks that he ought not

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the fine is oppresive, He has no wish to violate the law, and has no intention to do so, and under the circumstances he petitions Yr. Excellency to remit sd fine or so much as you have power to do.

Yr. Obt sevt J C Cunningham

I Ila Loyd state that the circumstances under which Mr. Cunningham was fined were these, Mr. Benj Clarke the prosecuting witness came into Mr. Csgrocery store in the absence of Mr Loyd Cunningham & complained that he was sick & asked for some pepper and whiskey -- I got him a glass & put some pepper in it showed him the barrell of whiskey, he went & drew it, and as he was going out threw a 5 ct piece on the head of the barrell, I did not sell him the whiskey, I had been instructed by Mr. Cunningham to sell to no one, and should not let Mr. Clarke have had the whiskey under any circumstances but he stated he had been sick all night with griping pains and asked for some pepper & whiskey to relieve him, At the time of the trial I was absent & hence was unable to show the circumstances under which Clarke got the liquor & I unite in the petition to yr Excellency to remit sd fine --

Ila M Loyd

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I attended to the trial of the Com -- vs Cunningham for keeping a tipling house, for Cunningham, and the statement made by him as to what Clarke proved is correct, At the time Clarke got the liquor, he proved Cunningham was absent, He was the only witness in the case, The proof seemed to me to develop the fact that the witness sought the oppurtunity in the absence of Cunningham, to get the liquor in the maner in which he did. to accomplish what he did -- and as the offence was a small one, I write in the petition for its remission.

Respectfully JnoR Clarke

We also unite in requesting yr. Excellency to remit the fine mentioned in Mr. Cunninghams petition.

Jno M Duke Jr Robt A Colleman R H Baldwin M Ryan W. C. McGranaghan E. Whitaker H. C. Lloyd

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Remitted B. M

Mason Cir. Ct $10. } Liquor J. C. Cunningham IssdJuly 22. 1862