Petition from Citizens of Colfax County, Mississippi to Mississippi Governor Adelbert Ames; August 15, 1874

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Petition from Citizens of Colfax County, Mississippi to Mississippi Governor Adelbert Ames; August 15, 1874

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People

Ames, Adelbert, 1835-1933 Baptist, J. G.Barry, Fred Beckett, R. C.Brabson, S. P.Bradshaw, L. F.Brady, John W.Brame, L.Bugg, Thomas E.Caradine, J. W.Collins, F. L.Critz, Frank A.Datten, T. B.Flaniken, J. L.Fox, James Frazee, Unknown Gerdine, J. H. L.Gilson, Adam Gore, J. W.Hamilton, A. H.Harrington, H. H.Jordan, Charles R.Muldrow, H. L.Murrah, Silas M.Orr, J. A.Osborn, I. N.Pate, Frank S.Petty, Vincent Pollard, Unknown Sanders, J. W.Shipman, James H.Stevens, John A.Watkins, G. A.White, F. S,Whitfield, Unknown

Events

Crime Crime--Fraud Crime--Jail Escapes Crime--Rape and Sexual Assault Crime--Theft Criminal Procedure Criminal Procedure--Bail Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Pleading Criminal Procedure--Release Criminal Procedure--Sentencing Criminal Procedure--Trial Criminal Procedure--Writ of Error Criminal Procedure--Writ of Habeas Corpus

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Chancery Courts Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Criminal Juries Jails Mississippi--Executive Department Mississippi--High Court of Errors and Appeals Mississippi--Judiciary Mississippi--Legislature Mississippi--State Penitentiary (Jackson)

Occupations

Clerks Coroners Judges Law Enforcement Law Enforcement--Constables Law Enforcement--Sheriffs Law Enforcement--State Marshal Lawyers Legislators Mayors Prison Guard Secretaries Treasurers

Places

Mississippi--Chickasaw County Mississippi--Clay County. West Point

Social Identifiers

Fugitives from Justice Impoverished People Imprisoned People's Families Imprisoned people

Page 1

[note] 8/15/74 [/note]

To his Excellency, Adelbert Ames, Governor of the State of Mississippi:

We the undersigned most respect-fully petition your Excellency to pardon Silas M Murrah, who was convicted on the 15^# day of August, A D 1874, in the Circuit Court of Colfax County—the same being a day in the August Term of said Court, A D 1874—in case No 102—of a charge of unlaw-fully marking an animal; and sentenced to the penitentiary for two years—Now your petitioners ask that he be pardoned of said offense and releas-ed from said imprisonment, for the follow-ing, among other reasons, to wit:

1^st——Because there is doubt of his guilt—

2^nd——Because he has been prosecuted through malice, and convicted upon the testimony of his enemies; and, therefore, there is still stronger presumption of his innocence.

3^rd—Because he is sentenced to two years imprisonment in the penitentiary for unlawfully marking an animal worth but six or eight Dollars—if he un-lawfully marked it at all—

Page 2

4^#—Because he has already suffered about nine months imprisonment in the county Jail of Colfax County, on account of said alleged offense, which is ample punishment, even if he committed the same—

5^#—Because during said imprison-ment of said Murrah—the prisoners in said Jail having made their escape, by opening the doors thereof, and having left them open—he did not make his escape nor even attempt such a thing; but remained in Jail a voluntary prisoner, in obedience to the sentence of law, although at that time he could have easily liberated himself—

6^#—Because he is a poor man and has a wife and nine children—

All of which is most respectfully sub-mitted—

J W Sanders Jailor Colfax Co,
James. H. Shipman, Deputy Sheriff Colfax Co.
Jno. A. Stevens, Deputy Circuit Clerk Colfax Co
Jno. W. Brady Deputy Chancery Clerk Colfax Co
H. H. Harrington chancy clerk Colfax Co
Vincent Petty Treasurer of Colfax ^Co^
G. A. Watkins Coroner. colfax. Co.
A H Hamilton Constable" ^,,
Adam Gilson—former Jailor of Colfax

Page 3

County, who had charge of Silas M Murrah part of the time of his imprisonment—
J. G. Baptist Mayor West Point. Miss
J W Gore Marshall ^{,, [image: checkmark] ,, , ,,}
J H L Gerdine Atty at Law West Pt.

I am opposed to the exercise of the pardoning power of the Governor, except in the most extreme cases of hardship or palpable injustice.

I heard the testimony in this Case and think it comes within the above exception.

It was not proven beyond a reasonable doubt to whom the animal belonged. The proof was as much in favor of Murrah's ownership as against it,

The various Circumstance, disclosed by the testimony, are indicative of his innocence. The evidence of his innocence preponderated.

Beside, the defendant waived his right of trial by jury, and was con-victed & tried by the Court alone.

Without impugning the ability or integrity of the Court, this was improper and unlawful

Fred Barry
Atty at law
West Point

I heard the evidence in this case

Page 4

and I think the state wholly failed to prove any criminal intent on the part of the prisoner in marking the animal.

The animal was marked in open day light by the assistance of a neighbor, and after the animal had been in the open and notorious possession of the defendant several weeks.

L. Brame Atty
West Point Miss

S. P. Brabson atty at Law West Point ^Miss^
Tho^s, E. Bugg Atty at Law—
F S White atty at law West Point
F. L. Collins atty at Law ^,,
R. C. Beckett atty. at. Law West Point
L. F. Bradshaw ,, ,, ,,
Frank A Critz ,, ,, ,,
J. L. Flaniken ,, ,, ,,
T. B. Datten ,, ,, ,,

James Fox. former Jailor, having had him under my charge & beleiving him worthy of clemency I recomend him as worthy of your consideration beleiving it will not be detrimental to the interest of the community and state at large

Page 5

Frank S. Pate Atty at Law
J W Caradine Member of the Legislatuer Colfax co
Cha^s R Jordan

Respectfully returnd to his Excellency without my approval. The six reasons assigned for pardon, prepared by the zealous Counsel defending the convict, do not change my opinion of his guilt.

On the 1^st I have no doubt of his guilt.

.2 If his enemies prosecuted, & testified against him, his friends, and family testified for him, & did not manifest his innocence. 3^d The charge was for marking an animal, not stealing it. The law does not consider the value of the animal.

4^th The 9 months he has suffered, have been endured at his own option in the effort to reverse the judgement of the Circuit Court. He was sentenced in Aug 1874, & appealed to the Supreme Court. 5^th He may, or may not deserve credit for remaining when other prisoners fled. It may have resulted from conscious innocence, or from sanguine assurance, of counsel. 6^th I doubt his having a wife and nine children. If the 9 include the

Page 6

children of his present wife, & a former hus-band, perhaps his separation from one of them, a girl about 15, is better for her. The mother, and daughter charged him with an effort to debauch her. As to the preponderance of evidence in favor of his innocence, and the "impropriety, & illegality" of his conviction, I have only to say, his case has received more than an ordinary share of judicial attention. Before trial, and conviction he sued out a Writ of Habeas Corpus, and on the evidence, Chancel-lor Pollard remanded him to jail in default of bail. When his case was called for trial in the Circuit Court, he pleaded in abatement that the offense was committed in Chickasaw County, & also to the merits, 'Not Guilty'. At his request, and that of his counsel, the Court tried the case as Judge and Jury. The judgment was against him, and he was sentenced to 2 yrs. He then sued out a Writ of Error to the Supreme Court, & then again, sued out a writ of Habeas Corpus, after conviction, & again had his case before chancellor Frazee This Chancellor remanded him to jail. Thereupon he prosecuted his appeal in the Supreme Court, and that Court did not reverse the supposed "improper, and illegal" conviction. The record in that Court Contains the evidence.

If the deft is innocent, six judicial officers have blundered sharply—

J. A. Orr Judge—

Maj Whitfield was absent, & Col H. L Muldrow was acting Dist. Atty. to whom, under the Governors suggestion I refer for statement—

J. A. Orr

Page 7

I concur in the Conclusion reached by Judge Orr. The defendant Murrah was properly Convicted, and considering the character established for him at the time of the Sentence it ^(the sentence)^ was right—His general bad character and conduct doubtless entered to a great extent, in dermining the punishment proper to be adjudged against him, in the mind of the Court—

H. L. Muldrow
Dist Atty Pro. tem
Aug. Term 1874
Colfax Co. Circuit Courts—

Page 8

Judge Orr & Dist say no sir.

Page 9

Murry S. M.

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI,
Colfax County.

From Sanders & others
Address West Point
Dated [gap] 1875.
Received [gap] ,,
Answered [gap]

SUBJECT:

Petition for the pardon of S. M. Murrah—Judge & Dist Att'y say no.

ADELBERT AMES,
Governor.

I. N. OSBORN,
Private Secretary.