Petition to Mississippi Governor Adelbert Ames; March 17, 1875

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Petition to Mississippi Governor Adelbert Ames; March 17, 1875

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People

?, Robert Aly, Charles Ames, Adelbert, 1835-1933 Augbarth, William Bacchus, D.Balentine, R.Batchelor, James L.Baum, E.Beniss?, James M.Bennet, F.Bennet, James G.Blue, Henry Broughton, James E.Broughton, John W.Buckner, Elliot Carpenter, J. B.Castle, A. H.Cessor, James D.Coleman, Ben Coleman, E. D.Coleman, F. W.Collier, Caleb Collins, M.Cothern, L.Davis, Isaih Dillon, J. H.Edwards, P. W.Elias, John Ellis, J. C.Ellis, James M.Engbarth, John Engbarth, William Ennols, Eli Ford, Crocket Ford, Robort Forman, C. H.Forsythe, M. S.Gammett, C. B.Giles, Morris Gilliam, J. T.Grant, James Grant, John Grant, Larey Griffing, Frank Griffing, J. C.Haas, M.Halley, W. T.Harris, George W.Hauer, Gotfried Hay, George Heckler, George Heckler, Henry H.Henry, Littleton Herring, J. B.Hubbard, R. V.Hynum, Minter Johober, George Jones, G. S.Kearns, D. C.Kelley, J. G.Koler, Paul Lee, Wesley Leger, A. C.Leger, Unknown Leighton, Charles W.Leighton, George W.Levy, Alex Limerick, J. A.Lundt, George Lyons, Feliz Lyons, Joseph Mabbett, Gideon Maddox, A.Marshall, Eli McCallen, John McClure, H. B.McCothern, R. H.Melton, A. J.Miller, Roman Millsaps, Unknown Mires, Danmers Morgan, James Nassin, G. W.Osborn, I. N.Parker, W. H. H.Peters, T. Charles Pinckard, A. W.Pinckard, Geo M.Pintard, Claude Prieto, J. A.Prietzer, William Reitz, A.Roland, G. G.Rubel, E.Ruskley, C. L.Schaup, Peter Schuster, J. T.Schuster, M.Segrit, Joshua Shepherd, R. C.Shroder, David Simon, A.Skinner, F. J.Slay, L. J.Smith, T. W.Stewart, James Tate, Alfred Taylor, M. Rudolph Torrey, William D.Turner, Frank Vaughan, J. C.Walton, Frank Washington, T. George Wertheimer, J.Wertheimer, M.Wiggins, Miles Winkler, Alexander Winters, George W.Winters, H. L.Winters, W. C.Wise, A.Wood, D. B.Wyatt, Thomas

Events

Crime Crime--Bribery Crime--Larceny Crime--Perjury Crime--Theft Criminal Procedure Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Pardon Criminal Procedure--Sentencing Criminal Procedure--Trial Starvation

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

Businesses

Law Offices Law Offices--Jones & Prichard, Attorneys at Law

Occupations

Bookkeepers Bricklayers Butchers (Persons)Carpenters Carriage and Wagon Makers City Council Members Clerks Confectioners Cotton Gin Operators Distillers Engineers Farmers Harness Makers Judges Judges. Justices of the Peace Law Enforcement--State Marshal Lawyers Lawyers. Public Prosecutors Mayors Mechanics Medical Profession Medical Profession--Pharmacists Medical Profession--Physicians Merchants Painters Planter Postmasters Saddlery Secretaries Shoemakers Shopkeeper Tax Assessors Telegraphers

Places

Mississippi--Jefferson County. Fayette Mississippi--Jefferson County. Rodney

Social Identifiers

German Illiterate Persons Impoverished People Imprisoned People's Families Imprisoned people

Page 1

[seal]

[note] 3/17/75 [/note]

To his Excellency, Adelbert Ames, Govern-or of the State of Mississippi;

We the undersigned citizens of Jefferson County would respectfully represent—

That at the December Term of the Circuit Court of said County 1873—one Paul Koler, a citizen of the Town of Rodney in this County was Con-victed of the crime of petit larceny, under the charge of stealing a pig; that from said judg-ment an appeal was taken to the supreme court and has been recently affirmed by said Court upon the evidence embodied in the record.

The sentence of the circuit ^court^ was that said Koler be fined in the sum of fifty dollars & costs and suffer an imprisonment of forty days in the county Jail—We believe the said Paul Koller to be in fact innocent of said charge and that he was unjustly convicted through the paying of witnesses who testified against him. We have known the defendant for years and have never before known or heard aught alleged against his moral character. He is a german and speaks our language badly and has always had the reputation of being an honest man so far as we know. We are also acquainted with the witnesses who testified against him and their evidence in our opinion is not worthy of belief especially where their malice or prejudice was aroused.

Page 2

as it was evidently in this case; the prosecutor who claimed to be the owner of the pig, and his wife being the main witnesses.

Said Paul Koler is a poor and illiterate but an industrious man—and believing as we do that he is not guilty of the offence of which he has been convicted—we would therefore beg your Excellency to extend to this unfortunate defendant a pardon so far as to remit the imprisonment and fine—adjudged against him.

And as in duty bound we will ever pray &c—

Names
L. J. Slay mayor of Rodney
W^m Engbarth Selectman
Geo Heckler Merchant
L. Cothern Bucher
James Grant farmer
W. C Winters Selectman
John Grant farmer
Larey Grant farmer
Danmers Mires farmer
Roman Miller macanic
George Hay
Joseph Lyons Mechanic
R. H. M^cCothern
Thomas Wyatt
James M Beniss? M. D.

Names
E. Baum Merchant
Charles Aly Harrnessmaker
Alexander Winkler Shoemaker
John Elias Saddler
W^m D Torrey Attorney
A Simon
M Wertheimer
E Rubel Merchant
A. Wise Merchant
M Rudolph Taylor
F J Skinner Carpenter
Peter Schaup Mechanic
John Engbarth Merchant
Alex Levy Book Keeper
P. W. Edwards
D. Bacchus

+
We the undersigned do not Know the Witnesses against the said Kohler but we believe him Innocent of the Charges—

H L Winters merchant
C. H Forman Dpty Assessor
J. A Limerick (Know nothing in regard to the testimony in the case)
M. S. Forsythe

X The undersigned cannot subscribe to the foregoing petition but will respectfully ask your Excellency to grant a pardon as prayed for

Claude Pintard Attorney who prosecuted

E. D. Coleman
Geo M. Pinckard
George Lundt Schou Macker
Geo W. Harris Brick Layer
C. L. Ruskley Merchant
J. Wertheimer
Jno W. Broughton
A. W. Pinckard
T. W. Smith
Ja^s E. Broughton
James Stewart
A. C. Leger
R. C. Shepherd Post Master & Telegraph Opr
Henry H. Heckler Planter
George Johober—{Confectioner}
Rob^t ?

D. C. Kearns
H B M^cClure

Page 3

William Prietzer Butcher
J. T. Gilliam Planter
Minter Hynum [Drill?] [Bass?]
? Leger
Eli ^his X mark^ Ennols
Frank ^his X mark^ Walton
R. Balentine Farmer
C. B. Gammett Farmer
A Reitz Carpenter
J. H. Dillon
Marshall + Tax Collector
G G Roland Aid
John M^cCallen Gin Wright
[?] [Klae?]Carpenter
D. B. Wood Selectman
W. H. H. Parker

I heard the trial and believe the defendant ought to be pardoned. The witnesses against ^him^ being in my opinion entitled to little or no credit.

James M. Ellis

J. B. Carpenter Mayor & J. P.
J. C. Ellis Clerk Circuit Court

Page 4

J C Griffing. Merchant
Feliz Lyons Carpenter
W^m Augbarth [?]
M. Haas Merchant
J A Prieto Druggest & Liquor Distiller
F. W. Coleman
Morris Giles Wagoner
Geo W. Leighton, Farmer
Ja^s G Bennet
Gideon Mabbett. Artist
Geo W. Winters, ~~Farmr~~ Farmer
Frank Griffing Farmer
J B Herring Planter
Gotfried Hauer
F. Bennet
David Shroder. Carpenter
A. Maddox Dr

I cannot subscribe to and do not believe the state-ments as set forth in the petition concerning the Testimony or witnesses in the case but under the circumstances of the case [want?] to respectfully recommend a pardon of M^r Kohler

G S Jones of Jones & Prichard Attys
James L. Batchelor Planter
M. Collins Planter
Caleb Collier Planter
W T Halley Brick Layer
Chas W Leighton Farmer
G. W. Nassin Cariage Maker
T. Charls Peters Butcher
A. J. Melton Membr, Board, Supervisors

Page 5

J. G. Kelley Planter
<h3>Schuster, J. T.</h3> " ref="#S32094420">J. T. Schuster
<h3>Schuster, M.</h3> " ref="#S32094421">M. Schuster Store Kiper
<h3>Ford, Crocket</h3> " ref="#S32094422">Crocket ^his X mark^ Ford
<h3>Ford, Robort</h3> " ref="#S32094423">Robort ^his X mark^ Ford
<h3>Wiggins, Miles</h3> " ref="#S32094424">Miles ^his X mark^ Wiggins
<h3>Henry, Littleton</h3> " ref="#S32094425">Littleton ^his X mark^ Henry
<h3>Coleman, Ben</h3> " ref="#S32093688">Ben Coleman
<h3>Hubbard, R. V.</h3> " ref="#S32094426">R. V. Hubbard Planter
<h3>Washington, T. George</h3> " ref="#S32094427">T Geo ^his X mark^ Washington
<h3>Lee, Wesley</h3> " ref="#S32094428">Wesley ^his X mark^ Lee
<h3>Morgan, James</h3> " ref="#S32094429">James Morgan
<h3>Buckner, Elliot</h3> " ref="#S32094430">Elliot ^his X mark^ Buckner
<h3>Tate, Alfred</h3> " ref="#S32094431">Alfred ^his X mark^ Tate
<h3>Davis, Isaih</h3> " ref="#S32094432">Isaih ^his X mark^ Davis
<h3>Blue, Henry</h3> " ref="#S32094433">Henry ^his X mark^ Blue
<h3>Marshall, Eli</h3> " ref="#S32094434">Eli ^his X mark^ Marshall
<h3>Segrit, Joshua</h3> " ref="#S32094435">Joshua ^his X mark^ Segrit
<h3>Turner, Frank</h3> " ref="#S32094436">Frank ^his X mark^ Turner
<h3>Castle, A. H.</h3> " ref="#S32094437">A. H. Castle Eng
<h3>Cessor, James D.</h3> " ref="#S32078675">James D. Cessor Representative, Jefferson County

I do not believe the statements in the petition but recommend pardon
J. C. Vaughan

Page 6

OFFICE OF
Chancery Clerk,
Jefferson County,
D. C. KEARNS, Clerk.
Fayette, Miss. March 17^th 1875

Dear Governor,

A petition has been forwarded to you, signed by a large number of citizens asking for the pardon of one Paul Koler, a citizen of the town of Rodney in this County. Koler was, at the December term of our Circuit Court 1873 Convicted of the Crime of petit larceny under the Charge of stealing a pig, the case was appealed to the Supreme Court, and there a decree Confirming the Judgement of the court below, which was, that said Koler should pay a fine of Fifty dollars & costs, and be imprisoned in the County Jail for 40 days.

The jury were certainly warrented in finding their verdict, as was the Court in its sentence, by the evidence in the Case, but I feel Convinced of Koler^s inocense, because I believe the witnesses were purjered, the main witnesses against Koler was, the man from whom the pig was claimed to have been stolen & his wife, this man is known to be a notoriously

Page 7

bad man and a liar; Koler is a [unclear] hardworking, industrious, sober, German. [I?] have known him a long time, and I have never heard of a single charge or suspicion even, against is honesty. An imprisonment of 40 days will entirely disarrange all his plans for the year, and it is impossible for him to pay a fine of $50—. it would starve his family—He was not prepared when the Case was called to impeach the Character ^or testimony^ of the witnesses, indeed it probably never occurred to him, he is a poor illiterate fellow, & speaks our language very imperfectly.

I trust Governor you will find it con-sistant with duty to pardon Koler and remit his fine, Judge Millsaps has been written to and will I feel sure address you a favorable letter, on the subject.

I am very respectfully
Your Obdt Servt & friend

D. C. Kearns.

Page 8

Fayette Miss. march 17^th 1875

Dear Governor,

By the time this reaches you There will probably be a petitiond in your hands for the pardon of Paul Kohler of this county.—

This Kohler is a hard working german and has the reputation throughout this community of being an honest man. It has been intimated to me many times that his prosecution was the cause of race predjudice and as to the standing of Kohler you will observe that his petition is signed by the most respected citizens of the county regardless of race or party. I hope Governor you will grant this petition

Page 9

without delay, as the man is poor and has a wife and little ones. I hope you will give this your earliest attention

I have the honour to be very respectfully,
Yours Truly

H B M^cClure

His Excellency
A Ames
Governor of
Miss.

Page 10

Pardon—to apply to imprisonment only

A. A.

Page 11

15.
Koler, P.

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Jefferson County.

From Kearns & others
Address Fayette
Dated Mar 1875.
Received _{" "}
Answered [gap]

SUBJECT:

Petition for the pardon of Paul Koler

ADELBERT AMES,
Governor.

I. N. OSBORN
Private Secretary.