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Hon. Beriah Magoffin.
Govr Commonwealth of Kentucky
The undersigned James Wright would most respectfully state to your Excellency that he was indicted with one John W Neville in the Marion Circuit Court charged with being guilty of an affray. that the indictment was tried at the
He states that said Neville was deputy Marshall and he & your Petitoner quarrelled and Neville drew a pistol & fired at your petitoner over the shoulder of D. S. Maxwell, &. then retreated into the Middle of the street & fired at your Petitioner again & then your Petitioner returned the fire -- That up to the time that Defe Neville shot at your Petitioner the second time your Petitioner had neither assaulted or shot at said Nevill but after recovering from the stun of the first fire from Nevilles pistol which was over Maxwells shoulder and almost directly in Petitioners face and after having been shot at by Neville the second time he did fire at said Neville as he had a right to do in his own defense -- That on the trial he introduced his pra the Commonwealth introduced her proof first that D. S. Maxwell proved that the affray and after he had given his testimoney and retried Neville introduced Hugh Ray who stated that your Petitioner before Maxwell interfered thro threw up his ^left^ hand as the witness thought
in a hostile way -- This proof was made by Neville to Show that your Petitiioner had made the first assault & thereby to deprive him of his otherwise clear right of self defence -- He states that it is not true that he assaulted said Neville -- He did raise his left hand as Neville pressed on him to keep Neville back but not in a hostile way but simply to keep him back -- And he had no idea that an attempt would be made to prove that he had made the first assault till it was done on the trial and was therefore taken by surprise -- He says said Maxwell was immediately present interfering and trying to allay the controversy and saw more as to what occured that any other witness -- He had never talked with Maxwell about the throwing up of his hand and did not Know what he would state on that subject till the trial was over -- Maxwell was a witness on the part of the Commonwealth -- After the trial was over he learned from Maxwell what he would state in regard to his raising his left hand to keep Neville back and his affidavit accompanies this Petition and contains the truth.
Your Petitioner believes he has been most unjustly fined -- He is poor has but little property or means of any kind, has a wife and four children who are young all depending on him for a support -- He therefore prays your excellency to remit said Judgment or so much of it as you may have the power to remit & as in duty &C
James Wright
Sworn to by James Wright before me this th July 1862
Thos C. Woods N. P.
D. S. Maxwell states on his oath that he was sworn as a witness on the trial of the case of the Commonwealth vs James Wright & J. W. Neville was sworn on the part of Deft James Wright ^the Commonwealth as he now remarks^ He deposed to the facts witnessed by himself. Says that he was between Wright & Neville when the latter discharged his pistol over affiant should^er^ near Wrights face which seemed to Stun Wright for a short time -- He says that up to this time Wright had made no assault on Neville -- He saw Wright throw or raise up his hand toward Neville but Wright did so simply to keep Neville back ^who was rather pressing on Wright^ and not in a hostile way and affiant ^had^ a plain view of what then took place for he was immediately in front of them with his face to them -- and stepped forward and got between them Before he stepped between them Neville was rather advancing and backing Wright an down the street= On the trial witness from some cause was not asked nor did he state anything about Nevills advancing on Wright before the firing= He would have made the above statement then had he been called on or questioned on that point= At the time Neville fired on Wright it was so wholy unexpected by witness that for a moment he feared he himself was shot= He says that up to the time he was Examined & retried from the witnesses Stand as no proof
had been made showing or tending to Show that Wright had thrown up his hand in a hostile or assaulting manner -- That Wright did not know so far as affiant knows that affiant would have made the Statement above made as to the manner and intent with which Wright threw up his hand till after the trial was over -- From all witness saw he thought that So far as shooting was done by Wright it was clearly as witness in Self defence.
D S Maxwell
Sworn to by D S. Maxwell before me this
Thos. C. Woods. N. P.
The undersigned citizens of Lebanon and vicinity respectfully join in the foregoing prayer=
Thos. C. Woods.
D S Maxwell
Sam. Spalding
Anthony H Drain
N. J. Ray
R. H. Rountree
James M. Fogle
J M Carowell
B. Spalding
Jas A Shuttleworth
T C. Maxwell
E. P. Mahon
O Ames
Remitted
B. M
Marion Cir Ct
$45 } Affray
Jas Wright
Issdd 1862