L. M. Eckert et al. to James F. Robinson

KYR-0001-004-0776.xml

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Accession Number

KYR-0001-004-0776

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR10-194 to BR10-195

Date of Creation

10 December 1862

Dates Mentioned

1862-02

1862-12-10

L. M. Eckert et al. to James F. Robinson, 10 December 1862, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR10-194 to BR10-195, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0776, (accessed May 5, 2024).

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To His Excellency James F. Robinson
Governor of Kentucky,

We the Undersigned the Jurors who found the verdict in the Case of the Comth of Kentucky against Philip Kenedy and Patrick White charged and convicted at the February term 1862 of the Campbell Circuit Court of committing a rape on the body of one Elizabeth Franklin. would respectfully state that since the trial of said cause we have learned the character of the prosecuting witnesses Elizabeth Franklin and her sister on whose testimony we mainly relied in forming our verdict as to the guilt or innocence of the accused, and are now satisfied that they were women of lewd character and that their statements were not entitled to credit, that there reputation for truth and veracity ~~are~~is notoriously bad, in the community where they lived, that they were entire strangers in this County and State having resided here but a short time previous to the trial, and left this state, a very short time thereafter for fear of being prosecuted for Keeping a House of Ill fame. Their statements of material facts on the trial were contradictory, but not knowing their previous character we looked over it, but had we then known their character as we now do, their statements would have little or no weight in making up our verdict, and the prisoners might have received at our hands the benefit of a reasonable doubt. we are satisfied that there exists great reason to beleive that the offense charged against them and of which they stand now convict may not be true. They have already
suffered nearly a year's confinement in the penitentiary besides some two or three months incarceration in our County jail, they are both respectfully connected, and previous to the time and up to the trial of this cause, sustained a good reputation for Honesty, sobriety and industry, and were looked upon and recognized as respectable promising young Mechanics In view of all the facts in the case, we pray your Excellency to give their case your favourable consideration, and trust that you may deem it one worthy of the Executive clemency, as we are of opinion, that the cause of Justice and the public interest would not suffer by restoring them to their friends, and their liberty.

Dec^r 10^th 1862
L M Eckert -- Foreman Jury
F. K. Stone, Juror
Martin [Saprall] Jurors
Tho Wm.. Gideon Juror
Samuel Tiberghien Juror
John F Herbert Juror
C. C. Harris Juror
James Lainer Jurer

We the undersigned citizens of Newport Campbell County Kentucky, join in the foregoing petition, of the Jurors in the suit of The Com^th of Ky. vs. Philip Kenedy & Patrick White, and pray your Excellency to restore them to their liberty.

H. Sine
Robt B MCrackin
J Horsfall Jailer
Thomas Fowler
J. T. Masshat
F Stagaman
C. P. Buchanan
Sidney B. Jones
Geo W Searons

I was present and heard the trial of the above two young men on the charge of Rape. From the Evidence in the case & the character of it I had strong doubts of the guilt of either of the parties --
F. M. Webster Attoy

I know Mrs Clayton She so farr as I know is a lady of good character and veracity I would accompany her but am as yet confined to my room

R. T. Baker

I beleave the petition States the case fairly

Kennedy & White
Petion

The evidence upon the Jury was very strong, several witnesses corroborating main witness I do not think case for [such]Execty interference.

J F Robinson

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