Petition from Fred Parsons and several others to Mississippi Governor Adelbert Ames; February 16, 1876

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Petition from Fred Parsons and several others to Mississippi Governor Adelbert Ames; February 16, 1876

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People

Ames, Adelbert, 1835-1933 Avery, William B.Bradford, W. D.Cessor, J. D.Gibbs, W. H.Gray, William Griffin, Henry C.Hussey, M. A. C.Jacobs, H. P.Mitchell, C. B.Mitchell, T. J.Noonan, William Parsons, Fred Shirley, N.Smith, Alexander Tucker, Unknown

Events

Crime Crime--Rape and Sexual Assault Criminal Procedure Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Clemency Criminal Procedure--Convicted Criminal Procedure--Imprisonment Criminal Procedure--Indictments Criminal Procedure--Pardon Criminal Procedure--Release Criminal Procedure--Sentencing Criminal Procedure--Trial

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Courts and Judicial Systems--Criminal Juries Hospitals Hospitals--Mississippi Mississippi--Executive Department Mississippi--High Court of Errors and Appeals Mississippi--Judicial Districts Mississippi--Judicial Districts. 8th District Mississippi--Legislature Mississippi--Legislature. House of Representatives Mississippi--Legislature. Senate Mississippi--State Penitentiary (Jackson)

Occupations

Judges Law Enforcement Lawyers Lawyers. Public Prosecutors Medical Profession Medical Profession--Physicians Prison Wardens Secretaries

Places

Mississippi--Chickasaw County Mississippi--Hinds County. Jackson Mississippi--Union County. New Albany

Social Identifiers

Imprisoned people

Vital Statistics

Disease and illness Wounds and injuries

Page 1

[Editorial Note: This document contains harmful content relating to the sexual assault of a child. As such, users may find this document offensive, graphic, difficult to read, and harmful.]

(Copy)

Jackson Miss. Feb'y. 16^th,, 1876.

Hon. A. Ames
Governor of Miss.

The undersigned citizens of the State of Mississippi, would most, respectfully petition your Excellency to pardon, Alexander Smith convicted and sentenced to prison for life for rape, at the April term of the Cir=cuit Court of Chickasaw County, 1873, for the following reasons.

1^st,, We are informed that the father of the wo=man upon whom the offence was committed, has acknowledged that the woman was of loose and unchaste habits, and to a certain extent drew the young man on, to destroy him—

2^nd,, he has no friend to represent his case to your Excellency or to intercede for him.

3^d,, his conduct since he has been in prison has been most excellent as we are informed.

4^th,, He is in very feeble health.

5^th,, That under the circumstances we are of opinion that he has been sufficiently punished, under the circumstances for the crime charged against him.

Hoping that this petition will meet unfav-orable consideration at your hand—

We are your obedient Servants—

signed

Fred Parsons
W. H. Gibbs
W^m,, Gray
T. J. Mitchell
M A C Hussey
J. D. Cessor
H. P. Jacobs
Henry C. Griffin

Page 2

(Copy of endorsement by the Superintendent)

Sup't. Office Miss. Penit'y.
Feby 19^th,, 1876.

The within named prisoner Alexr Smith has conducted himself well since being admitted and has in all things complied with the prison rules. His health has been very poor and he has been an inmate of the hospital most of his time. I am informed that the prosecutor and his family have left the state and there is no prospect of getting him to intercede for the prisoner which he would do, I learn, if he was within reach.

(signed) W^m Noonan
Supt.

(Copy)

Jackson Feb'y. 24^th,, 1875.

Governor A. Ames

Dear Sir,

In regard to the pe-tition for pardon for Alexander Smith convict=ed of rape in April 1873, in the Circuit Court of the County of Chickasaw, I would respect-fully state that I had a conversation with a Gentleman of Chickasaw County who was acquainted with the parties and who informed me that the female in question was of precocious hab=its, and addicted to the pleasures of male society, and not of strictly virtuous habits, and good morals. I also had a conversation on the subject with General Tucker of the same county who substantially agreed with and concurred in the above.

Respectfully Yours
Ob't. Sev't.

(signed) Fred. Parsons

Page 3

(Copy)

New Albany Mar. 10^th,, 1876.

His Excellency
A. Ames Governor

Sir:

I herewith respectfully return to you the Petition of Alexander Smith for pardon. Also inclose the statement of the evidence and remarks of the District Atty As I ~~understand~~ ^now remember^ it he states the evidence substantially correct. I am not entirely satisfied in my own mind whether it is a case in which Executive Clemency should be exercised or not. I therefore beg leave to respectfully to submit the whole matter to Your Excellency

Very Respectfully Your Obt. Svt. &c

W. D. Bradford
Judge 8^th Judicial Dist.
Mississippi

(Copy)

New Albany March 10^th,, 1876

His Excellency—A. Ames Governor.

Sir,

The ~~petition~~ within pe-tition for the pardon of Alexander Smith, addressed to Hon. W. D. Bradford, ppLegal Profession--Judges|Judge]] of this Dist. has just been by him referred to me.

The Petitioner was indicted, tried & convicted for rape, upon a female under the age of ten years.

The proof was in substance as follows, the parents of the child on whom the offense was said to have been committed, testified that the child was about seven years old, that they were from home when it occured, the petitioner was living there. On their return home the child made the complaint, there appeared to be no violence done her person, no

Page 4

marks of violence could be discovered, shortly after-wards child complained, they sent for a physician who testified that the child had Syphilis, and that he was at the same time treating the Petitioner for the same disease, but that he could discover no marks of violence upon the person of the child, and that he hardly thought it possible, for a man to penetrate a child of her age & sized, without hav-ing some marks of violence. The child testified that after her parents left home, Petitioner got her upstairs in the house, put her on the bed, and committed the offense upon her, that he slightly penetrated her person. This is as I now recollect it, the substance of the evidence in the case. You will discover a conflict in the evidence of the child & the phys-ician as to penetration but this of course was for the jury who tried Petitioner to pass upon, and they convicted him. The court gave all the charges asked by petitioner, who was ably defended by able Counsel, appointed by the Court for that purpose. And they feeling satisfied there was no error, upon which they could expect a reversal of the judgment in the Supreme Court, declined to take the case up. I am not entirely satisfied in my own mind, that the Petitioner is guilty as charged though I am very strongly of the opinion that he is. the only question in the evidence that I am doubtful upon is as to penetration, but after the Jury passed upon it, of course the court could not interfere with their verdict on that ground. I am satis-fied that he was legally tried & convicted, but as to whether the Jury gave more weight, to the evidence of the child than they should, I am not certain.

Having thus given you a brief history of the case, and my opinion of the same, I respectfully submit the case to your Excellency's own better Judgment & direction

Very Respectfully
Yours &c

C. B. Mitchell
Dis't. Att'y.

Page 5

Copy of endorsement on back of Parsons letter—

Respectfully referred to C. B. Mitchell Dis't. Atty for remarks &c.

W. D. Bradford
Judge 8^th,, Judicial
Dis't. Miss.

Copy of order by the Governor, (in pencil)

"Pardon—In my Judgment the prisoner is not guilty of the the offence of rape."

(signed) A. A.

I hereby certify that the within & forgoing is a true copy of the original now on file in the Executive office.

W^m,, B. Avery
Ass't. Private Secretary.

Page 6

[image: eagle with shield]

STATE OF MISSISSIPPI.
~~EXECUTIVE~~ ^Legislative^ DEPARTMENT.
House of Representatives
Jackson, Miss. Mar. 4, 1876

(Copy)

Hon. A. Ames, Gov. of Miss.

Dear Sir,

I Respectfully Recommend that you Pardon Alexander Smith, now confined in the Penitentiary. I have examined into his cause and from what informed I can get, he has been Fully Punished for the crime charged against him.

I am informed that his health is very feeble and unless discharged he will soon die. Hoping that you will grant him immediately Pardon

I Am yours truly

N. Shirley
24 Senate Dist.