Thomas Steele to Beriah Magoffin

Accession Number

KYR-0001-020-1308

Document Genre

Petition

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

MG21-197 to MG21-198

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

15 August 1861

Dates Mentioned

1861-06-10

1861-07

1861-08-06

1861-08-15

1861-08

1861-08-30

To his Excellency Gov. Magoffin

Your petitioners Philip Judge and ~~William~~ ^Thomas^ Steele would respectfully State that in the City Court of Louisville they were Indicted on the 10^th of June 1861 for an alledged assault and battery on one Michal Collins* ^<< *The Indictment was against W^m Steel though meant for Thomas Steel. and the Judgment stands against W^m Steele. > and were summoned to appear and answer the Indictment at the July term of Said Court, at which time the appeared for trial, but the witnesses for the Commonwealth atty failed to attend — and your Petitioners being told they might go, left the court under the full belief that the case was dismissed. To their great surprise they now find that at the August term of said Court (on the 6^th day of August 1861) the case was again called up in their absence and without their knowledge and by the verdict of a Jury a judment rendered against them for $15. each, and the costs.

They were ignorant of the trial; made no defence because they thought the case was dismissed
the trial was exparte and the judgment unjust. They would certainly have defended the case if they had known the case was still pending, and they verily believe the result would have been different if their defence had been made.

They therefore ask your Excellency to remit the judgment or a part of it, as they consider it a hardship.

Louisville August 15. 1861.

Thos Steele
P. Judge

I W^m G Reasor City Attorney state that the petitioners appeared as stated at the ~~August~~ ^July^ term to answer the indictment, and the cause was then continued for the absence of the Commonwealths witnesses and that at the August term the trial was had in their absence and no defence was made. From the circumstances of the case and my knowledge of the character and good standing of the parties
I have no doubt of the entire truth of their statement that they labored under the belief that the case was dismissed. I therefore unite in the request that a part of the judgement be remitted. I have no doubt the petitioners were honestly deceived in the matter.

W. G. Reasor

Gov. M^cGoffin
Dear Sir

The parties above, Philip Judge and Tho^s. Steele (who is indicted as W^m Steele) spoke to me to defend them before they were served with process and promised to let me know when the case was set (as I seldom go into the city court) but I never heard of it again till after judgment. They assure me that the statement in their petition is true, that they left the court room under a full assurance that the case was dismissed, and consequently neither called on me nor attended at the subsequent time of trial. They are the proprietors of the Louisville Hotel, & gentleman of high character. The City attorney
has no doubt of the truth of their statement. The alledged assault arose out of some trouble in the necessary discipline of their Hotel with a troublesome & discharged Irishman. I think the fine should be released except the 30 per cent.

Geo. A. Caldwell

Louisville City Ct

Remitted
B, M

$15. each } Assault
Phil Judge & Tho^s Steele
Iss^d Aug 30. 1861

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