David Schroeder et al. to Beriah Magoffin

KYR-0001-020-1635.xml

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Accession Number

KYR-0001-020-1635

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

MG22-293 to MG22-294

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

21 January 1862

Dates Mentioned

1862-01

--11

1862-01-21

1862-01-30

David Schroeder et al. to Beriah Magoffin, 21 January 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG22-293 to MG22-294, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1635, (accessed April 26, 2024).

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To the Governor of Kentucky

I David Schroeder would respectfully represent to your Excellency that I was fined in the City Court of Louisville at the Jan Term 1862 $20 on charge of having injured the dwelling house of David Carroll.

I state that said Carroll left here last spring and has not been heard of since. He left because of the habitual drunkenness of his wife and her general bad conduct. He & I were for years on the most friendly terms and I never had any difficulty with his wife. We were near neighbors. Last Nov She had an Irish woman living with her with whom I had no acquaintance One morning in Nov last it appeared that some body had marred the door and a clapboard of the house occupied by said women and they reported that I had done it. I was arrested on the charge and brought before the Judge of said Court. I proved that I was sick and in bed ~~and not~~ at the time they charged I committed the deed. The court discharged me and shortly after Mrs Carroll goes before the grand jury and goets me indicted.

On the trial they the said women improved upon their testimony. They swore that saw me about 10 O.clock ^at night^ striking on the house and one of them spoke to me and I then left went accross the street into my own yard. I proved by my son a youth about 14 years old & two men that they heard a noise at said house about the hour of 10 Oclock of the same night. and that I was in bed sick at that time and that I was confined to my bed the next day. But notwith standing this proof the ^petit^ jury found me guilty.

I state on oath that I did not do the injury charged I never did any violence to the property of said Carroll and I do not know who did the injury. I heard a noise
that appeared at said house about the hour when the injury was said to have been done but as it had been common thing to hear uproars at the said house for months I paid no attention. I was unwell, but not so unwell that I might gone and looked.

There were only the two women to testify against me.

I state that I am unable to pay the fine & the costs. The costs alone are $24.80. I have a wife & six children to support. I pray your Excellency to remit the fine and as in duty bound &c

David Schroeder
~~David [...]~~

Subscribed and sworn to before me this 21^st Jan 1862 by David Schroeder.

Isaac R Greene notary public for Jefferson County Ky

We the undersigned living in the immediate neighborhood of the foregoing petitioner believe his statements to be true and therefore we pray your Excellency to grant his petition and as in duty bound we will ever pray &c.

Jan 21^st 1862

Frank Ziegenheim
Geo. W. Sage
M^c Stout
A M Fatridge
Jos. Jo. Elbert
Georg Birkenbush

I am a new neighbor of the petitioner David Schroeder and also of Mrs Carroll who was one of the witnesses, and the chief witness against him. I cannot believe that Schroeder ever did any violence to the house. I heard Mrs Carroll say ~~that~~on the day the fine was imposed that Schroeder & his family & she had never had had any difficulty previous to the time the house was injured. She may think Schroeder guilty, but I do not.

Isaac R Greene

The Petitioner proved on the Trial by his son & two other witnesses circumstances that went far in my Judgement to show that he was not the person who did the Injury complained of & upon the same Testimony on the Examining trial I discharged Petitioner from arrest. From the amount of costs which he will have to pay & his circumstances which are moderate I think he presents strong claims for Executive clemency.

Geo. W. Johnston.

If the fine is remitted the Secretary will please direct the remission to the care of Isaac R Greene.

D.. Schroeder

~~Jefferson~~ Louisville City Ct

David Schroeder's petition

$20 } Misdemeanor

Remitted
B. M

Iss^d Jany 30 1862

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