Petition from Green to Mississippi Lieutenant Governor A. K. Davis; July 22, 1875

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Petition from Green to Mississippi Lieutenant Governor A. K. Davis; July 22, 1875

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People

Brown, L. F.Byrns, R. K.Cullens, Unknown Davis, A. K. (Alexander Kelso), -1884 Gibbs, William H.Green, J. A.Houghcamps, John Packer, A. G.Pickens, James W.Redus, Luther W.Rhodes, Travis Stone, J. M.

Events

Crime Crime--Embezzlement Criminal Procedure Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Indictments Criminal Procedure--Pardon Criminal Procedure--Trial Finances Finances--Debt Legislation. Mississippi Political elections Political elections--Mississippi Taxation Taxation--Mississippi

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Grand jury Mississippi--Executive Department Mississippi--High Court of Errors and Appeals Mississippi--Legislature Political Parties Political Parties--Republican Party (U.S. : 1854- )

Businesses

Law Offices Law Offices--Green & Pickens, Attorneys at Law (Corinth, Miss.)Publishers and Printers Publishers and Printers--Van Beek, Barnard & Tinsley, Stationers (Saint Louis, Mo.)

Occupations

Judges Law Enforcement Law Enforcement--Sheriffs Lawyers Secretaries Tax Auditors Tax Collectors

Places

Mississippi--Alcorn County. Corinth Mississippi--Bolivar County. Prentiss Mississippi--Hinds County. Jackson Mississippi--Prentiss County. Booneville Missouri--Independent City. Saint Louis Texas Texas--Anderson County. Palestine

Social Identifiers

Impoverished People

Page 1

J. A. GREEN. [gap] JAS. W. PICKENS.

OFFICE OF
Green & Pickens,
ATTORNEYS AT LAW,
Will practice in the State, Federal and Supreme Courts.

Corinth, Miss., July 22^nd_" 1875.

Gov A. K. Davis,
Jackson,

Dear Sir:

We have the honor to acknowledge the receipt of your favor of yesterday—in reference to R. K. Byrns ap-plication for pardon—The amt of $2217.⁴⁰ deposited in warrants with the Auditor as shown by his report to your Excellency were deposited by Mr Byrn individually and not by his sureties—His sureties have not paid a dollar to the State on his account—have not deposited a dollar in money or warrants with the Auditor on

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his account—and are [illegible] to the State for about $300—the difference between the taxes charged to Mr Byrn and the warrants deposited by him to meet it—We do implore your Excellency to grant this pardon if not absolutely inconsistent with your convictions of duty—as Mr B—is a very poor man—with large family—and the Expense attending his returning here for trial will be ruinous on him—He is largely and respectably connected here & his numerous friends are anxious that it should be done—If the pardon is not granted within the next few days it will not avail Mr Byrn as we shall telegraph him to return to court for trial. Our Mr Pickens is one of his sureties and perfectly familiar with the facts herein stated

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the correctness of which we sol-emnly affirm—The granting of this pardon would be but an act of Justice to an op-pressed and impoverished man—guilty of no intentional violation of law—and an unspeakable relief to his heart broken wife & innocent little children—If Your Excellency will pardon us for pressing this application so earnestly upon you and com-ply with our urgent request to pardon in this case alone—we promise never to sign or present another one to you—previous to Conviction in any case—

This is a peculiar and

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Exceptional case—[page torn] appeal to Your Excellency wil not now be in vain—

With the most appropriate consideration—

We have the honor to remain—

Your Excellencys
Most obt friends & Sevts

Green & Pickens

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[fold] JAS. W. PICKENS.

OFFICE OF
Green & Pickens,
ATTORNEYS AT LAW,
Will practice in the State, Federal and Supreme Courts.

Corinth, Miss., July 20^th_" 1875.

Gen A. G. Packer—
Jackson,

Dear Sir:—

Please find en-closed petition of R. K. Byrn for pardon. This is one of the most meritorious cases I have yet seen and hope His Excellency will pardon him. The records in the Auditors office will verify the facts contained in the petition.

Yours very Truly

Ja^s W. Pickens

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JAS. W. PICKENS.

OFFICE OF
Green & Pickens,
ATTORNEYS AT LAW,
Will practice in the State, Federal and Supreme Courts.

Corinth, Miss., July 22^nd_" 1875.

Gov A. K. Davis,
Jackson,

Dear Sir:—

We can procure a 1000 signatures to the petition of R. K. Byrn for a pardon—which we have forwarded you—but considered it unnecessary—as the facts in the petition are verified by the records in the Auditors office—Chancellor Cullens authorized me to sign his name to it—but I thought it sufficient as it was—Please grant it & write us. We compromised with the municipality of Corinth on paying $300—~~Under the~~

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in John Houghcamps care as the pardon would not have availed him anything unless could have embraced the whole time covering his liability—

We invoke your most favorable consideration to Mr Byrns petition—He is a very poor man—with large family—and numerous realatives here who are most respectably Connected.

Yr frds

Green & Pickens

Page 8

Corinth Miss July 23^rd 1875

Hon A. K. Davis
Acting Governor of Miss

Governor

Prompted by considerations of humanity and Justice, I write you in behalf R K Byrn former Sheriff of Prentiss County, who stands indicted in the Circuit Court of said County for Embezzlement.

Mr Byrn was Sheriff and tax Collector of said County, and by his indulgence to the tax payers and citizens of the County, rather than any disposition to embezzle the public funds, and by operation of the law which deprived him of the commissions for collecting the taxes, the second year of his ^term^ he fell behind in his settlements, but has himself provided for all, with the exception of a few Hundred dollars, which I am informed will be paidby his sureties, and the State will lose nothing.

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He resides in Palestine Texas, is a very poor, and I believe an honest man. he will be compeled lose much more by being brought here to attend court. He has a large family entirely dependent upon him for support.

The circuit court convenes in Prentiss next Monday the 26^th Inst. and believing this to been a case deserving executive clemency, I beg that you will immediately grant him a full pardon, and that it may reach him before the case comes to trial. The State nor any any individual can be benefitted by his trial and imprisonment nor can either be injured by his pardon, but his wife and little children must be greatly benefitted.

I would not, Governor, ask this exercise of your power, if I did not believe conscientiously that it is a meritorious case.

I have talked with Capt J W Pickens who I believe is in correspondence with you on the subject, who has, I supposed given you full particulars of the case, and there is no doubt but that the pardon is

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desired by all who know the facts, and I trust this appeal will meet a favorable consiration, and that you will immediately forward the pardon to the proper parties.

With high regard I am
Governor Your Obt Servant

J. M. Stone

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[eagle holding shield]
Van Beck, Barnard & Tinsley, Stationers, St. Louis

STATE OF MISSISSIPPI.
Executive Office,
Jackson, Miss. Nov. 15, 1875

Hon. W^m H. Gibbs,
Auditor Public Accounts,

Sir:

I am directed by his Excellency, Lieut Governor and Acting Governor A. K. Davis to ask if final settlement has been made in the case of R. K. Byrn, Collector of Taxes for Prentiss county.

Respectfully

Travis Rhodes
Private Sec'y.

Papers inclosed.

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office
Aud Pub acts
Nov 15^th 1875

Respectfully returned with the information that the settlement was made in full July 28^th 1875 by sureties of B K Byrn. Amt paid $2549 ⁷⁶/₁₀₀

W H Gibbs
Aud Pub accts

Granted

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To the Governor of the State of Mississippi:—

The petition of R. K. Byrn would respectfully show unto your Excellency that at the July—Term 1874, of the circuit court of Prentiss county he was indicted for Embez-zelment—That the indictment against him was found by the Grand Jury against him because he did not render his report of collections of Taxes made by him as Sheriff of said county within the time prescribed by law—That your petitioner was Sheriff of said county of Prentiss during the years 1872 & 3—and the Legislature of 1873, having passed an act extending the time for the collection of taxes of 1873, beyond the term of office of petitioner that the taxes for 1873, were col-lected by his successor in 1874—when in Justice they ought to have been collected by petitioner—That the amount your peti-tioner fell short to the state was only Four hundred Dollars as the records in the Auditors office will show—and this am't he was entitled to for commissions on taxes collected by him—His whole indebted-ness to the State being secured by an ample & solvent bond has been paid or will be in a few days—and the state will not loose a dollar on his account—Petitioner has removed since the expiration of his

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term of office to the State of Texas—and it will be ruinous on him to attend and have a trial of said cause in the circuit court of said county—That the offence committed by petitioner is merely technical and the indictment found against him was for the sole & only purpose of defeating him for a reelection—Wherefore petitioner prays your Excellency in con-sideration of the premises to grant him a pardon, and as in duty bound will ever pray &c.

R. K. Byrn

Corinth, Miss, June 16: 75.

We are familiar with the facts stated in the foregoing petition and in the main state that they are correct—

Green & Pickens

Booneville Miss June 17: 75

We are familiar with the facts stated in the foregoing petition and knowing them to be true—and that Mr Byrn being a poor man of large family and not guilty of any intentional offence or violation of law—earnestly recomend and ask for his pardon in the premises—

L. F. Brown
Chairman Republican
Executive Committee
Prentiss Co—
Luther W. Redus
Secretary.

Page 15

I refuse to act in these cases.

In re—
Application for Pardon of R. K. Byrn—

Page 16

Ack recpt.

When final settle-ment is made I will take the case under consideration

R. K. Byrn.

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI. No. 68.
Prentiss County.

From Green & Pickens et al
Address [gap]
Dated [gap]
Received July 21 1875
~~Answered~~Granted November 15, "

SUBJECT:

Petition for Pardon—Em-bezzlement.

Respty refd to the Auditor of Public Accounts for statement of account in Byrns case

A. K. DAVIS,
Lt.=Gov. Acting Gov'r.

~~A. G. PACKER,~~Travis Rhodes,
Private Secretary.

L. B.—918

Aud Office
July 22^nd 1875

Resply returned. The balance due from Prentis County for state Tax of 1873 is—$2,549.⁷⁶/₁₀₀—and this amt is due by Mr Byrn former collector. His sureties are ma-king arangments to pay the amt, and have now $2,217.⁴⁰/₁₀₀ in state warrants de-posited for that pur-pose—I think the matter will be paid in a short time

Resply

W. H. Gibbs
Aud—