Petition from A. B. Evans and R. P. Willing to Mississippi Governor Adelbert Ames; February 25, 1874

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Petition from A. B. Evans and R. P. Willing to Mississippi Governor Adelbert Ames; February 25, 1874

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People

Ames, Adelbert, 1835-1933 Andre, A.Cooper, Tim E.Evans, A. B.McLaurin, A. J.Millsaps, N. Uriah Stites, E. H.Whipple, F. B.Willing, R. P.

Events

Crime Crime--Assault and battery Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Declined to prosecute Criminal Procedure--Indictments Finances Finances--Collecting of accounts Finances--Debt relief Legislation. United States. Congress Political Office--Appointment to office Property Management Property Management--Confiscations

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Grand jury Mississippi--Executive Department Mississippi--Judicial Districts

Occupations

Judges Law Enforcement Law Enforcement--Sheriffs Lawyers Secretaries

Places

Mississippi--Copiah County. Crystal Springs Mississippi--Hinds County. Jackson

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[note] 2/25/74 [/note]

STATE OF MISSISSIPPI,
EXECUTIVE DEPARTMENT,
Jackson, Miss., [gap] 1873

R P Willing Address
Crystal Springs
Copiah County
Miss

Forfeiture

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To His Excellency A Ames Governor of Mississippi

Your petitioner would respectfully show, that at the August Term AD 1870 of the Circuit Court of Copiah County, State of Mississippi, he was indicted by the Grand Jury for an assault & battery, that he was arrested by the sheriff of said County, and entered into a recognizance for his appearance at the October Term AD 1872 of said Court to answer said charge, with A Andre as his surety in the sum of four hundred Dollars That in obediance to the conditions of said recognizance, your petitioner did appear before said Court, at said Term, when the District Attorney Mr A. J. M^cLaurin, upon consultation with R. P. Willing the former District Atty—under whose administration, the indictment was found, agreed to dismiss the case, and informed your petitioner that he could go home. Your petitioner supposing that an order would be made by the Court dismissing said indictment against him, and that he would not be re-quired to answer the same any further, gave the case no farther thought

At the succeeding Term of said Court

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in consequence of a change in this Judicial District E H Stites Esqr acted as District Attorney. no steps was then taken in the case. But at the succeeding Term, it being the October Term A D 1873, T. E. Cooper Esq. in the absence both of M^cLaurin and ~~Cooper~~ Stites was appointed Dis-trict Attorney Pro Tem, and not being familiar with the cases on the Dock-et—took a forfeiture against your petitioner, and his security A Andre on said recognizance for four hundred Dollars. Your petitioner was under the impression that said case had been dismissed, or he would cer-tainly have appeared at Court, nor was he informed that said forfeiture had been taken, until after the adjourn-ment of Court, when it was too late to have it set aside. So well satisfied had your petitioner been, that said prosecution had been dismissed or would be, that he did not go to the expense of employing Counsel to look after said case. An execu-tion is now in the hands of the sheriff of said County, for the amount of said forfeiture, returnable the first day of April next. Your petitioner having no remedy in the Courts, to have

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said forfeiture set aside, would respectfully ask your Excellency to remit the same, and refers your Ex-cellency, to the statement and recom-mendation of M^r T. E. Cooper who acted as District Atty when said for-feiture was taken, and to N U Mill-saps, the presiding judge, as well as that of R P Willing who was acting as District Attorney when said indict-ment was found

Respectfully

A. B. Evans

To His Excellency, A Ames Gov &c

I will state, that M^r Evans ap-peared at the Circuit Court, at the first Term to which his recognizance was returnable I suggested to M^r M^cLaurin that it would perhaps be to the interest of the state, to dismiss the case, as there would be some doubt about a conviction, and the of-fense amounting merely to an assault & Battery. I was under the impression that the case was to be dismissed and I am satisfied that M^r Evans so un-derstood it at the time. And if he had not ^been^ so impressed, he would have appeared at the Term of the Court, at which the for-feiture was taken, as he then resided in the Town of Crystal "Springs", only nine miles from the Court house. M^r E. is an orderly

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law abiding citizen, and now Marshall of the Town of Crystal Springs, and I certainly think his case makes a strong appeal, for the ex-ercise of that power which is given to the Exec-utive in Sec 108 of the Code of 1871, to remit forfeitures

Respectfully

R P Willing

The forfeiture of the recognizance referred to in the above petition was entered up under my direction, at the Octr Term of the Circuit Court of Copiah County. I at that time was acting as Dist Atty Pro tem. The indictment had been filed for several terms and I have no doubt that had the Dist Atty been person-ally present the case would have been dismissed on the call of the Docket. My recollection of the case is that none of the Witnesses for the State were ever present at any time of the court—The forfeiture having been taken, on account of the absence of the defendant, which absence was caused by the promise of Mr M^c Laurin the Dist Atty to dismiss the case, it would be a great hardship to enforce the payment of the judgement. Mr. Evans, is a peacable law abiding citizen and I heartily join in the recommendation that the same be remitted by the Governor.

Very Respectfully,

Tim E Cooper

I do not believe Mr Evans would have failed to appear if he had not thought the case ^had^ already been disposed of. He would not neglect such a thing willfully

Uriah Millsaps
Judge &c

Answered,
February 25—1874

F. B. Whipple

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EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.

From [gap]
Address [gap]
Dated [gap]
Received [gap]
~~Answered~~Granted, February 25—1874.

SUBJECT:

Forfeiture Remitted of A B Evans of Copiah County Miss

ADELBERT AMES,
Governor.

[gap]
Private Secretary.