Petition from Citizens of Warren County, Mississippi to Mississippi Governor Adelbert Ames; August 22, 1874

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Petition from Citizens of Warren County, Mississippi to Mississippi Governor Adelbert Ames; August 22, 1874

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People

Ames, Adelbert, 1835-1933 Brown, George F.Edwards, Benfamin F.Fitzgerald, H. F.Formowski, Albert George, Simeon L.Hale, Lord Hearney, William H.Henry, W. P.Hodge, N.Johnson, William Jones, Carrie Jones, M. R.Lea, L.Murray, William Rhodes, Travis Steele, Sam P.

Events

Crime Crime--Contempt of Court Crime--Rape and Sexual Assault Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Bail Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Indictments Criminal Procedure--Release Criminal Procedure--Trial Finances Finances--Debt Finances--Debt relief

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Criminal Juries Courts and Judicial Systems--Grand jury Jails Mississippi--Executive Department Mississippi--Judicial Districts Mississippi--Judicial Districts. 15th District Mississippi--Judicial Districts. 2nd District (Hinds County)

Occupations

Clerks Judges Judges. Justices of the Peace Law Enforcement Law Enforcement--Sheriffs Lawyers Secretaries

Places

Mississippi--Copiah County Mississippi--Hinds County. Jackson Mississippi--Hinds County. Raymond Mississippi--Warren County. Vicksburg

Social Identifiers

African Americans Imprisoned people

Vital Statistics

Death Disease and illness

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[note] 8/23/74 [/note]

To
His Excy Adelbert Ames
Governor &c

Sir!

The petition of W. P. Henry & Albert Formowski, who are citizens of Warren County, State of Mississippi, respectfully shows:

That on or about the 23^rd day of August, 1874, one William Johnson was committed to the jail of the 2^nd District of Hinds County, State aforesaid, charged with the crime of Rape, alleged to have been committed on one Carrie Jones, a female of color under the age of ten years:

That at the Ensuing September term of the Circuit Court for said District, to wit, on the 1^st day of October, 1874, the grand jury returned into said court a true bill of indictment against said Johnson for said offense, charging the same to have been committed on the 20^th, day of August, 1874.

That on the 16^th, day of September, 1874, the said Johnson was discharged from imprisonment on his giving bond, with your petitioners as his sureties,

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in the sum of $500, (Petitioners were induced to become the sureties in said bond, because they believed then, as they do now, that said Johnson was Entirely innocent of the charge against him).

That said Johnson failed to appear at said Court according to the tenor of his said bond & a judgment of forfeiture was Entered against him & his sureties for the penalty thereof, on the [gap] day of October 1874. (A copy of said Bond & Indictment is herewith filed marked Exhitit A):

That said Johnson, immediately on his discharge from prison, came to Vicksburg, where business called him, & after remaining there for a short time, left on the cars, saying he was going to Hinds, & perhaps Copiah County in search for certain witnesses by whom as he asserted, his innocence of the charge against him could be fully Established:

That when your petitioners learned that said Johnson was not in attendance at said Court, they at once set to work to ascertain his whereabouts, to the End that they might arrest, if necessary,

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and bring him before said Court, & one of them, W P. Henry, made a journey into Hinds & Copiah counties for that purpose; but notwithstanding their Earnest Efforts to find out what had become of him they have not succeeded in obtaining the slightest information concerning him since he left Vicksburg as aforesaid; and in as much as he was in very bad health at that time, & was a stranger & without friends in the section of country he set out to visit, your petitioners are constrained to believe that he died shortly after he left Vicksburg, & that he came to his death at some place & in some way of which they have been unable to obtain any knowledge.

The premises considered, your petitioners pray that your Excellency will remit the judgment of forfeiture Entered against them as aforesaid—and will Ever pray &c

W. P. Henry
Albert Formowski

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State of Mississippi
Warren County

Personally appeared before me Simeon L George a Justice of the Peace in & for said County, W. P. Henry & A Formowski, who made oath, that the statements contained in the foregoing petition are true to the best of their knowledge & belief

Witness my hand & seal of office this 8^th day of January 1876.

S. L George JP Seal

Page 5

The State of Mississippi
Hinds County Second District

S. S.

In the Circuit Court in and for said District at the September Term thereof in the year of our Lord Eighteen Hundr-ed and Seventy Four. The Grand Jurors of the State of Mississippi taken from the body of the good and lawful men of the District aforesaid duly elected empannelled sworn and charg-ed at the term aforesaid of the Court aforesaid to inquire in and for the body of the District afroresaid in the name and by the Authority of the State of Mississippi upon their oath present: That William Johnson otherwise called William Murray—late of the District aforesaid in the 20^th day of August in the year of our Lord 1874 in the District aforesaid in & upon one Carrie Jones a Female child under the age of ten years to wit: of the age of Eight years ~~of age~~ then & there being felonio-usly an d assault did make and her the Carrie Jones unlawfully & feloniously did then and there carnally know & ravish against the

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peace and dignity of the State of Mississippi

L. Lea
Dist Attorney

A true Bill
M. R. Jones Foreman Grand Jury

Filed and capias issued 1^st October A. D. 1874 N. Hodge. [gap] Clerk
By B. F. Edwards D Clerk

—Bail Bond—

State of Mississippi
Hinds County

S. S.

Before me W^m H. Hearney Sheriff of said County this day appeared William Johnson W. P. Henry and Albert Formowski who severally acknowledged themselves indebted to the State of Mississippi: The said William Johnson in the sum of Five Hundred Dollars W. P. Henry in the sum of Five Hundred Dollars and Albert Formowski in the sum of Five Hundred Dollars his secur-ities to be levied of their respective goods and chattels lands and ten-ements: The condition of said Recognizance is such that if the

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said William Johnson shall be and person-ally appear before the Circuit ~~Clerk~~ Court of said County at the next Term thereof to answer to the State of Mississippi on the charge of Rape or on what ever other charge shall be preferred against him in this behalf and shall attend said Court from day to day and term to term until regurally discharged then this obligation to be void else to remain in full force and effect,

W^m Johnson (seal)
W. P. Henry (seal)
Albert Formowski (seal)

In Witness whereof they ~~put~~ hereunto put their names & seals this 16_th day of September A D 1874: I W^m H. Hearney. Sheriff of said County and State do hereby certify that the foregoing Recognizance was signed sealed and acknowledged before me and the securities thereto by me approved on the day and date therein written. Witness my hand and seal this the 16^th day of September 1874—

W^m H Hearney Shff (seal)
By Sam P. Steele D. S.
We W. P. Henry and
Albert Formowski

State of Mississippi
Hinds County

securites on the within Recognizance

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do solmnly swear that we are worth in visible property the Amount for which we are bound by said Recognizance besides the property exempt from executive and after the payment of our Just debts sworn to and subscr-ibed before me this 16_th day of September 1874

W. P. Henry (seal)
Albert Formowski (seal)
W^m H Hearney Shff
By Sam P. Steele D. S.

State of Mississippi
Hinds County

I Benjamin F. Edwards Clerk of the Circuit Court in and for said County do hereby certify the foregoing to be a true bill complete and perfect copy of the Indictment and Bail Bond in the case of The State against William Johnson alias William Murray as the same appears on file in my office

Witness my hand and the seal of said Court at Office in Raymond this 4^th da of January A. D. 1876.

B F Edwards Clerk

[seal]

Page 9

ExhibitA

Clks fees	$1.25
Postage	.10
	$1.35

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Having been Dist. Attorney at the time the indictment against Johnson was found, I was cognizant of the Evidence before the grand jury; and although that evidence, being ex parte, was suf-ficient to justify the grand jury in finding the bill, I doubt whether it would have satisfied an intelligent petit jury of the guilt of the accused. Had the case come to trial, my impression is that I could not have urged the jury to convict. The prudent caution given by Lord Hale in respect to prosecutions for Rape, that it is "An accusation easily to be made & hard to be proved, harder to be defended by the party accused, though never so innocent" would apply with full force to the case of Johnson.

With this view of the Nature & mer-its of the case & believing the state-ments in the foregoing petition to be made in good faith & that the sureties of Johnson have used due diligence in endeavoring to ascertain his where-abouts & bring him before the court to
answer the indictment, I think it would be a hardship, not required by public justice, if they should

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be compelled to pay the judgment against them. I therefore recommend that the forfeiture be remitted as to them.

L. Lea.
Vicksburg Jun. 10, 1876.

I concur in the above

H F. Fitzgerald

I held the Term of Court at Raymond when the Indictment refered to was found and then learned the facts of the case and from my reading of them I concur with Judge Lea in recommending that the forfeiture taken in said case against the sureties be remitted. Jany 26^th,, 1876

Geo. F. Brown
Judge 15^th Dist. Miss.

Page 12

Remission of Forfeiture

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Warren County,

From W. P. Henry ^& A. Formowski
Address Jackson
Dated Jany. 1876
Received ,, 28, ,,
~~Answered~~^Allowed^ ,, ,, ,,

SUBJECT:

William Johnson—was convicted of Rape and sent to Jail. Gave Bond and then died—Asks remission of Forfeiture—

(Inclosures [gap] )

ADELBERT AMES,
Governor.

TRAVIS RHODES,
Private Secretary.