<title type="main">Commonwealth of Kentucky v. John Cauffield, Abstract

We the undersigned grand Juryman for Hancock County at Feby. term 1862 would respectfully reprsent to the Judge of the dcourt that we have found an Indictment ^"for keeping Tippling house"^ against one John Caffield & owing to the fact of his demented mind & helpless condition, & the further fact that his wife is the only support for the family and being unwilling that her earnings should be taken from her family to pay any fine that may be inflicted against sd Caffield, would urge in view of these considerations that the court would acquit him of any penalty if consistent with duty

I concur in the above Petition having tried the Law & facts in the case I am clear it is a matter for Executive Clemency

James Stuart Circuit Judge. Names of GranJury N. C. Dawson, forman Jessy Rice Jr P H Messmure M F Johnston Wm Carder Daniel Yagers N. B. Dupuy G. B. Snider T. B. Moorman G. Lawson A. G. Chambers Jams Boling Jefferson Richy Q, G, Tift Wm C. Mitchell

Kentucky Hancock Circuit Court, Sct: August Term 1862

Commonwealth Plaintiff Against } On an Indictment for keeping a Tippleing house John Cauffield Defendant.

This day came the Attorney for the Commonwealth and the Defendant by his Attorney, And by consent the law and facts submitted to the Court, and the evidence being closed and the Court duly advised, It is adjudged that the Defendant is guilty as charged, of keeping a tippling house, and that for said offense he make his fine to the Commonwealth by the payment of sixty dollars, and also that he pay the costs herein, & may be taken &c

A Copy, Att: Eldred E Pate Clerk

This is to certify that Wm Mason who was Presiding Judge of Hancock County departed this life on the 18th day of Decr 1861 and that his Successor Dr. T Holmes did not qualify until the ^16th^ Jany ^which^1862Term of the Hancock County Court, which left a space of near one month that this county was without an acting county Judge, as appears by the records of the said Hancock County Court Clerks office

Witness my hand as clerk of said Court this 15th day of November 1862.

Eldred E Pate Clerk. Hancock County Court. Ky.

I further certify that at the called term of Said Court towit on the 3d day of Feby 1862 a license was taken out by Patrick Murphy the owner of the house and brother of Mrs Caffield to keep a tavern in said house, as also appears by referred to said Records

Witness my hand as above Eldred E Pate Clk

We the undersigned members of the bar in attendance when the trial of Caughfield took place certify that it was proven on the trial that the said Caughfield was a poor demented person with but little of any business inteligence, indeed some of the witnesses gave it as their opinion that he had not sufficient mind at the time he was charged with the violation of the Statute to know right from wrong, whilst others thought he had sufficient mind to know a little about business matters, but very slight=

It was also proven that by reason of his constant inebriation and general inability of person & mind, his wife was the only dependence for support of himself and family. they having some small children

We further certify that his condition has been and is as bad at present as it was at the time above referred to, and from all evidences is likely to continue so until whiskeydoesitswork forhim= And that if the fine of $60. is collected it will be a sore infliction upon Mrs Caughfield and the little children, and take from her her hard earnings, which is scant enough indeed for a family in the situation of hers -- We would respectfully urge the Governor of Kentucky to exercise his executive clemency in this matter and respite the fine to the limit of the law. The ends of public Justice will be exemplified by so doing in our opinion

R. Y. Bush G. W. Williams W. P. D. Bush

I certify that I was clerk of the Circuit Court when the above named trial was had, and I can fully endorse the statement of the members of the Bar as appear above

I further certify that he the said Caughfield was Indicted and found guilty for selling keeping a "tippling" house during the period between the time of the death of Wm Mason former County Judge and the qualification of Dr T. Holmes his successor

Witness my hand James E. Stone

Petition of John Cauffield To His Excellency Govr Robinson

Hancock County

$60 } Tipling

Fine in this case all remitted except the sum of Ten dollars

J F Robinson

IssdFeby 9. 1863 W P D Bush

Commonwealth Agt. } Judgment Jno Cauffield August Term 1863