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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-0001-020-2093 MG24-138 to MG24-141

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To His Excellency Beriah Magoffin, Governor of Kentucky,

The undersigned, your petitioners, respectfully represent that at the March Term 1862 of the Kenton Circuit Court holden at Covington, one Lafayette Brafford & John Mullins were jointly indicted & tried for the killing of David McCulloth in February last that at their trial both were found guilty of manslaughter, & that said Brafford was sentenced to the penitentiary of the state for the term of ten years & said Mullins for the term of six years as a punishment for said offence, & they are now confined in the Penitentiary at Frankfort under the judgment aforesaid

Your petitioners further represent that in their judgment the case of said John Mullins is one which calls for the exercise of that clemency which the law has wisely vested in the supreme executive of the state. They base their opinion upon the following facts:

The said Mullins was born & raised here, & is the oldest of a large family of children. At an early age his father

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died leaving the family in indigent circumstances dependent upon John & his mother. for a support. John has always been a steady, sober & hard-working boy, has always been devoted & obedient to his mother & by his industry & economy has for a number of years filled the place of his father & kept the family together. Upon his trial he proved an excellenct character, & was made known to have indulged in intoxicating drink but once before the commission of the offence for which he is now confined.

On the 22nd of February last he & Brafford with other young men, seem to have indulged in drink too freely, & in this frolic stopped the waggon of a butcher & got in as they said to ride. They were soon induced to get out, the butcher saying that he would have them arrested, & that he would attend to them; Brafford thereupon went after the butcher, (McCulloth) who took up a brick & went into his store. Brafford also picked up a brick as he followed. Mullins came up & told him ^Brafford^ to throw down the bricks which he did, Some words followed & a fight ensued in which McCulloth knocked

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Mullins down & had the better of him & was about to get up, when Brafford took out a pocket knife & inflicted a wound from which McCulloth died some two weeks afterwards. The wound was a slight cut in the abdomen which produced inflamation. Mullins had nothing to do with the cutting & seems not to have known anything of it until after it was over. He dissuaded Brafford from the use of bricks, & used no weapons whatever although the deceased struck him ^in the face,^ either with a brick or a two pound weight before he had touched him, but while Mullins was in a menacing attitude. The testimony showed that both Mullins & Brafford were so much intoxicated at the time as not to know what they were about. Nothing in the testimony indicted that Mullins engaged in the contest with any thought of killing or doing any harm beyond that incident to a rough & tumble fight. His antagonist was much the stronger man & seems to have had the best of him all the while.

The jury although satisfied that he did not do the cutting & did not enter into the fight with any intention of doing great

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bodily harm, were yet compelled to find him guilty, as he was present & engaged in the fight in which the deceased was killed. No one could more deeply regret the death of McCulloth than Mullins has & your petitioners ^believe^ that he has seen the folly of indulging in drink & if ^he is^ permitted to go at large again, he will avoid it. Your petitioners represent that the prisoner's mother, though in humble circumstances, has always been an excellent & upright woman & mother: that her son from his uniform good conduct & devotion to her & his younger brothers & sister has caused her to be greatly attached to him; & that his confinement in the penitentiary, while it deprives her of his assistance in her declining years, but is ^also^ wearing upon her health to such a degree as to unfit her to discharge her duties to her family.

Reformation is the object of punishment, & your petitioners believe that it is accomplished in the case of John Mullins, that a young man who has always conducted himself sobrly & engaged in honest labor as he has done, will after the lesson of the past few months, forever abandon

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intoxicating drink, & adhere to those habits of industry & sobriety for which he has been so uniformly noted during the years of his youth & early manhood.

Your petitioners respectfully request that your Excellency will take these facts into consideration, & while they would not ask or urge you to an act which you might not deem compatiable with the public good, they yet hope that your Excellency may find in them reasons which will permit you in the exercise of that high & sound discretion with which you are entrusted, to pardon John Mullins & restore him to his freedom, & to his old & deeply stricken mother.

H. Myers. H, H, Kurre John Haseweller William Montage Abner Pierce Jas A Barns T S Blume John, B, Pugh James Downey R Richardson } Jurymen A. J. Gray J. O'Hara Jr Joe M Kennedy J G Carlisle C. H. Mooar --

With many of the facts stated in the petition I have no knowledge of, yet I know enough of them to enduce me to unite in the prayer, Especially the good character of Mullins during the trial. John S Niscon J A Goodson A J Frances

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James B Gray, John R Rick B B Weidler Market Master

Having been present at both the examining and final trial and believing that John Mullins if guilty at all was only guilty by association I join most heartily in the prayer for, his pardon and think that Justice will receive no detriment thereby.

John M. Casey (City Atty)

S. C PierceCounty Clerk

I have known John Mullins from his infancy almost and a large portion of the time intimately he was one of the best Boys I ever knew and one of the kindest and most dutiful to his Mother to whome he was much devoted and her to him

A H Harod Jailor R Cty

I feel that the prayer of the foregoing petition should be granted seeing no good to be accomplished by a further confinement if young Mullins as to his uniform good character and habits they were well established on trial and respectfully ask your Excellency to pardon him

S. H. Cambron

I appeared as one of the Counsel for Mullins in the prosecution & conviction of him for manslaughter. He proved a good character, though unknown to me until the trial. The evidence was not clear a conclusion that he struck the blow a committed the wound of which the deceased died -- but my belief & conclusion from the testimony was that Brafford alone used the knife -- Both Brafford & Mullins were intoxicated greatly & the wounding of the deceased by which he died was in a fight brought suddenly on & without in my judgt any intent to kill & without any design or preconceived malice The occurence took place on the 22 Feby 1862 when Mullins & Brafford got into the affray with the deceased while greatly intoxicated -- I think that after some months confinement -- the case presents some claims for Executive clemency -- especially as Mullins proved an exemplary character for industry -- sobriety & peace --

J W Stevenson

James G Arnold J N Maxwell Jos Havlin Thos Creighton James Davison Geo Spencer A H. Jameson M W Willet Mike Higdon David McKay J C Taylor Wm McNance Jas M Clelland Geo Van Dewater Sutler of the 74th o.v.m T M Peak A J Maxwell Geore Wheeler Saml Wheeler Henry F Falls M. H. Baker G B Connely J H Easton E. G. Armstrong J C Hedge Jr P Sonyshore (Father in law of the deceased)

John Mullins has worked for us for a number of years and we have always found him a peacable boy and attentive to his work.

R Hemingray R. Gray

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Governor Magoffin -- I knew Mullins, he was a dutiful son and brother -- I am satisfied he did not strike the blow that killed poor McCulloth. It is my opinion that Mullins ought to be pardoned. I believe he will yet make a good citizen and that you will never have reason to regret the exercise of clemency in this case. I hope sincerely that you will pardon him Aug 8/62

Jno. W Finnell

Kenton Cir Ct John Mullins 6 yrs. Penty Manslaughter Pardon IssdAug 9. 1862