Petition from Joseph R. Myers et al to Mississippi Governor Adelbert Ames; June 5, 1875

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Petition from Joseph R. Myers et al to Mississippi Governor Adelbert Ames; June 5, 1875

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People

Ames, Adelbert, 1835-1933 Black, William Clay, Matt Davis, A. K. (Alexander Kelso), -1884 Durpin, J. L.East, J. P.Fielder, John W.Harrison, M. K.Harrison, Moris K.Jefferies, Dick Lewis, H. W.Myers, Joseph L.Myers, Joseph R.Packer, A. G.Poindexter, Andy Spann, Randle Stallings, J.Whitfield, H. B.

Events

Crime Crime--Larceny Criminal Procedure Criminal Procedure--Bail Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Clemency Criminal Procedure--Imprisonment Criminal Procedure--Indictments Finances Finances--Debt relief

Organizations

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

Occupations

Clerks Judges Judges. Justices of the Peace Law Enforcement Law Enforcement--Sheriffs Lawyers Lawyers. Public Prosecutors Medical Profession Medical Profession--Physicians Secretaries

Places

Mississippi--Lowndes County Mississippi--Noxubee County. Deerbrook Mississippi--Noxubee County. Macon

Social Identifiers

African Americans

Vital Statistics

Death Disease and illness

Page 1

[note] 6/5/75 [/note]

To His Excellency
Adelbert Ames
Gov. of Missⁱ.

Sir

Your petitioner Joseph R. Myers a citizen of the county of Noxubee in this state submits the following statement of facts & invokes Executive Clemency. W^m. Black a colored man was proceeded against before J. P. East a justice of the peace for Lowndes County on a charge of larcency, & was required by said Justice of the Peace to execute bond for his appearance in the penalty of three hundred dollars to answer such charge or bill of indictment as the grand jury of the ensueing term of the Circuit Court of said Lowndes Co would prefer against him.

The bond was given May 8 1874 to H W. Lewis Sheriff with your petitioner as Surety. An indictment was returned & filed in Court Nov. 6. 1874. W^m Black in november 1874 at the time of the

Page 2

indictment was residing in Noxubee County near Dearbrook & was there & had been for several months previously confined by an extreme case of Dropsy rendering his attandance upon Court impossible Your petitioner even states that he obtained a certificate from Doct. Moris K. Harrison touching the condition of the said W^m Black & handed it to H. B. Whitfield Esq Dist Atty but that after wards—at the November term 1874 of said Court notwithstanding said certificate from said attending physician & the fact of the disease of the said W^m Black within the personal knowledge of your petitioner a judgement of for-feiture was taken & made absolute for the said penalty of said bond.

Your petitioner avows that he preffered & believed that nothing would be done in the matter of said bond & believes that said certificate was forgotten by the

Page 3

said Dist Atty.

Your petitioner avows & states that said W^m Black died from dropsy in the month of Jan'y 1875. that he could not have produced him in Court at the November term 1874 without great jeopardy to his life, & that said medical certificate stated that it was impossible for him to attend—

Your petitioner states that he made all the legal showing he could except his oral testimony in court corroborative of said medical certificate, that would have been offered but for his conviction that the dist. atty would not take a forfeiture on the bond He is now satisfied that the forfeiture was taken inadvertantly & in oblivion of said certificate & your petitioner's statement.

The previous considered your petitioner prays your excellency to remit said forfeiture & as in duty bound will ever pray &c.

Joseph L. Myers

Sworn to & subscribed before me this 5^th June 1875

J Stallings Clerk

Page 4

The state of Mississippi
Lowndes Co.

I J Stallings Clerk of this circuit Court of said County & State hereby certify that the records of my Court show the facts stated by J. L. Myers to be true in proper as said indictment & bond & forfeiture against W^m Black & surties are concerned.

Clerk &c.

The State of Miss.
Noxubee Co.

We, attending physicians & acquaintances of the said W.^m Black certify that he died of Dropsy in Jany 1875. & was not able by reason of said disease to attend the Nov. term 1874 of the Circuit Court of Lowndes Co Miss. & we think the forfeiture should be remitted against his Sureties

M. K. Harrison M.d.
Matt Clay M. D.
Randle ^his X mark^ Spann
Andy ^his X mark^ Poindexer
Dick ^his X mark^ Jefferies

Witness
J. L. Durpin
Jno W Fielder

Page 5

The foregoing statement is true so far as my knowledge of the case extends, and I recommend the setting aside of the Forfeiture

H. W. Lewis
Sheriff.

Page 6

In the matter of petition of J. L. Myers to Gov Ames to remit certain forfeiture.

Page 7

"Remission of Forfeiture"

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Noxubee County.

From Joseph L Myers et al.
Address Macon
Dated June 5 1875
Received ^,, 5 ^,,
Answered [gap]

SUBJECT:

Petition for "Remission of Forfeiture" $300⁰⁰ Lowndes Co. Cir Court.

Granted June 10^th 1875
[gap]

~~ADELBERT AMES,~~^A. K. Davis^
Lt Gov Actg Governor.

A. G. Packer
Private Secretary.