Letter from Judge John E. McNair to Mississippi Governor Adelbert Ames; August 15, 1868

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Letter from Judge John E. McNair to Mississippi Governor Adelbert Ames; August 15, 1868

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People

Ames, Adelbert, 1835-1933 Graves, Humphrey McNair, John E.

Events

Convicted Crime Crime--Larceny Imprisonment Pardon Sentencing (Criminal procedure)Trial

Organizations and Businesses

Appellate Courts Courts Courts--Circuit Courts Jails Mississippi State Penitentiary (Jackson, Miss.)

Occupations

Judges

Places

Covington County (Miss.)Dry Creek (Miss.)Jackson (Miss.)

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[seal]

Dry Creek Covington Co. Miss Aug 15^th 1868

To ~~his~~His Excellency, A Ames Provisional
Govenor of the state of Mississippi
Jackson Mississippi

Sir—

Humphrey Graves was, at the september Term of the circuit court of Covington County Miss—. convicted of grand Lar-ceny and sentenced to be imprisoned in the Penetentiary for the term of two years, soon after his sentence, he procured his writ of error to the Appellate court, but not being able to give bond for his appearance before that court, to abide its decision, he has, ever since his sentence been confined in the common jail of said county, where he will have to remain untill the final disposition of his case by said Appellate court, and after that, the great probability is, that he will have to serve out his full term in the Penetentiary unless pardoned by your Excellency, as there is no ground for the shadow of a hope that the case will be reversed by the court of last resort. Believing that the result will make good this assertion, and believing that, notwithstanding, the conviction of Graves was fully warranted by the testimony of the case and the Law, that he has already been sufficiently punished.

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permit me to ask you to pardon him. in doing so, I will state the reasons that induce me to make the request, that you may judge of their worth. At the time of the larceny, Graves was a mere youth, not more than 17 or 18 years of age, and was no doubt, to a very con-siderable extent, lead into its commission by accomplices, who were of more mature years, and to whose counsel he listened, and again, the offence was committed during the war, when the country was greatly demoralized, when men of more mature years than Graves too often seemed to have lost their moral ball-ance, by running into crimes that they would have shuddered at the thought of committ-^ing^ before the war, again it is, so far as I have been able to ascertain, the wish of those living in the immediate neighborhood of Graves that he should be pardoned. These and other reasons, not necessary to be mentioned, operating on my mind, and entertaining the hope and belief that the punishment—already suffered and endured, by Graves will have the effect to make him an honest man, and that the public interest will not be prejudiced by his pardon. I deem it my duty to interpose in his behalf, and most respectfully to request your ~~Excelency~~ Excellency to grant him a full and free pardon.

Respectfully &c

John E M^cNair
Judge 2^nd Judicial District

presiding at the trial of Graves