Petition from Sheriff M. A. Metts to Mississippi Governor James L. Alcorn; April 12, 1871

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Petition from Sheriff M. A. Metts to Mississippi Governor James L. Alcorn; April 12, 1871

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People

Alcorn, J. L. (James Lusk), 1816-1894 Hester, William T.Hewson, H. F.Higdon, James A.Mortimer, George J.

Events

Conventions Crime Crime--Aggravated Assault with a Deadly Weapon Crime--Intent to Kill Crime--Murder Criminal Procedure Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Indictments Criminal Procedure--Pardon Criminal Procedure--Trial Military Engagements Military Engagements--Fair Oaks, Battle of, Va., 1862

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Criminal Juries Mississippi--Executive Department Political Parties Political Parties--Republican Party (U.S. : 1854- )

Occupations

Clerks Law Enforcement Law Enforcement--Sheriffs Legal Profession--Judges Secretaries

Places

Mississippi--Copiah County Mississippi--Winston County. Louisville

Social Identifiers

Impoverished people Military Status--Military families Military Status--Veterans

Vital Statistics

Wounds and injuries

Page 1

[seal]

To His Excellency James L Alcorn
Governor of the State of Mississippi

Your Petitioners would respectfully show that William T. Hester a native and citizen of Copiah County, was at the August Term A D 1871, of the circuit Court of Copiah County Mississippi, convicted of a charge of Assault with intent to Kill and murder one James A Higdon, (being his brother in law,) That the trial was had late in the evening, and the judge was awaiting the verdict to adjourn court until the next day, when the jury came in and a verdict was given the clerk who read "We the jury find the Defendant guilty as charged in the indictments"—and the jury without being polled, then immediately discharged, and court adjourned—

—That immediately after and while the Sheriff was adjourning court—a number of the Juror whose affidavits are hereto attached—announced that they had not and did not at any time assent, or consent, to the verdict as given out by the clerk—That they had, as a compromise with their fellow jurors, agreed to find the defendant guilty of assault and battery only—That the Defendant was proven on the trial to be about thirty six years of age—to have been disabled in one arm

Page 2

by a wound received in the Battle of Seven Pines—that, the Defendant, and Higdon made the difficulty up between themselves and became friends before the last preceding term of the Court—

That the Defendant was on the trial proven to be of a sober—moral—and peaceful character—never having been known to be a party to any difficulty with any one, whatever except only the difficulty with Higdon—

Your Petitioners in view of all the circumstances—the good character of the defendant—the fact that he has a large and helpless family—that he is respectfully connected that he is in very indigent circumstances—that the difficulty was made up amacably between the parties—and especially on account of the mistake and total misapprehension of four of the jurors who tried the case—we, believing this to be a case conscientiously and justly coming within the scope and province of a wise and judicious as well as a humane exercise of the pardoning power—recommend to your

Page 3

Excellencies most favorable consideration the case of W. T. Hester—hoping that Your Excellency will interpose the power vested in You as Governor, to prevent an infliction upon him of a degrading, and as your petitioners honestly believe, undeserved, and under the pecular circumstances unjust, and even an illegal punishment, and as in duty bound your Petitioners will every pray—

Gov Alcorn

D^r Sir

I request you Care-fully to read the inclosed petition, Doubtless other petitions similar to this have already been presented to you and the merits of this Case may be determined

I had expected to have presented this matter in person but I thought the time of Our Convention inappropriate I think the facts as here set forth are substan-tially true and I can but believe that in Common with hundreds of others petitioning Your Clemency in this case will

Page 4

[page torn]

I am dear Sir
Your obdt Svt

Geo J Mortimer

Permit me to add that I now as always heretofore have had full faith that the power and prestige of The Republican Party in this State is due to that Liberal—and Statesman like policy as worked out by Yourself and the paltry oppso-sition that you meet and have met should only "pro-voke you to love and good works"

Falter not in your course in promoting the right and in punishing the wrong every wise & true man must rejoice in the harmony and increasing strength of the party of progress and at the same time can but award to you more than to any other man the [?] of praise in the estab-lishment and origin of this great policy—

Truly cc

G J M

Page 5

PRECIS.
[gap]

No'.

Executive Office,
State of Mississippi,
County of Winston

From Sheriff Metts
Address Louisville
Dated Ap'l, 12. "71.
Received ,, 15—"71
Answered

Speaks of a person who, upon certain con-ditions, will go in pursuit of C C Hudson

JAMES L. ALCORN,
Governor.

H. F. HEWSON,
Private Secretary.