Patrick Wall to Beriah Magoffin

KYR-0001-020-0615.xml

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Accession Number

KYR-0001-020-0615

Document Genre

Correspondence

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG18-444

Place of Creation

Logan County, Kentucky

Date of Creation

n.d.

Dates Mentioned

1860-07

--07

1861-01

1861-02-21

Patrick Wall to Beriah Magoffin, n.d., Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-444, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0615, (accessed April 22, 2025).

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To his Excellency B. Magoffin Governor of the Commonwealth of Kentucky:

Patrick Wall by way of amendment to his petition heretofore sent to your Excellency States:

That he deposted $25 in hire of Bail for his appearance at the July Term 1860 of the Logan Equity and Criminal Court to answer the charge of Grand Larceny That at the Said July Term the Grand Jury failed to find any Indictment against him and leaving So failed he became Entitled to the money deposited, and this right could not be destroyed by the action of a Grand Jury Subsequent to July the term at which he was bound to appear

He states that the Comlths Attorney has recieved his portion of the 25$ which was declared forfeited at January Term 1861 the balance is still in the hands of the clerk of the Court unreported as part of the Jury Fund in order to await the action and direction of your Excillency and he prays that the Forfeiture be remitted

Patrick Wall
By T P A Bibb
his attorney

Please direct the remission to T. P. A Bibb
Russellville
Ky

Thirty per cent of the $25 forfeited has been paid to the Comlths Atty the balance is in my hands not yet ~~transferred~~ to ^Reported by me as^ the Jury Fund Trustee.

Feb. 21^st 1861
David Morton, Clerk of
Logan Equity & Criml Court & Trustee

Dear Governor

you perceive that the money has not yet passed into the Jury Fund and a Remission will therefore have the effect to refund to ^me as^ Walls ^Attorney^ the comment except the part paid to Comlths Atty -- I think it very hard to Indict the man and grab his money too -- The Comlth ought to have Indicted at July Term -- after that she had no right to the money

T P Atticus Bibb

I do not perceive any constitutional barrier in the way of the Executive pardon in this case -- A Judgment of forfeiture seems to have been rendered -- and although the money forfeited is somewhat nearer its final destination if there was no remission ^ than if it was in the Petitioners pocket^ yet the Trustee of the Jury fund says he has not as yet reported the money as having come to, or as forming a part of that fund. I am inclined to think a remission would ~~not~~ reach it.

A. J. James Atto Gen^l

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