Petition from A.A. Coleman to Andrew B. Moore; October 18, 1858
Item
Identifier
Q0000133390_Q0000133393
Title
Petition from A.A. Coleman to Andrew B. Moore; October 18, 1858
Rights
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Type
text
Creator
Coleman, Augustus A., 1826-1910.
Date
1858 October 18
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Petition from John Taylor Lomax, John H. Prince, and Judge Augustus A. Coleman to Andrew B. Moore requesting that the fine given to James F. Kapp for carrying a concelaed weapon be reduced. The details of the encounter from which the charges against Kapp were imposed are detailed by Coleman in this plea.
Format
Petition
Language
English
Place
Marengo County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Jenna Grabinski
Relation
Q0000133387_Q0000133388;
Q0000133389; Q0000133394_Q0000133396
Q0000133389; Q0000133394_Q0000133396
transcription
[[Demopolis (Ala.)|Demopolis]]. Oct 18 1858
Hon [[Coleman, Augustus A, 1826-1910|A.A. Coleman]] -
Sir -
We again call your attention to the case of the State v. [[Kapp, James F|James F. Kapp]] [[Trial|tried]] & [[Convicted|convicted]] of carrying concealed [[Weapons|weapons]], before you at the last Term of the Circuit court of [[Marengo County (Ala.)|Marengo]].
At your suggestion we submit a state-ment of the facts disclosed on the trial, and request you to certify the same to his Excellcy the Governor, -
Kapp had been informed that [[?, Richardson|Richard-son]], who was a very large athletic man, + with whom he (Kapp) had been on friendly Terms- had been violently denouncing him - This way the evidence of Boast-a state's witness - That he met Richardson on the side walk, [?] [[Witness|Witness]] (Boast/ and asked him for [?] reason he was denouncing him & said "we have al-ways been friendly" This was said & done in a low Voice & mild manner, as Richardson admitted - Richardson replied in a loud and angry voice "You shall not mention that subject to me & if you do I'll [?] your damned head across the street" raising his hand as if to strike him. Kapp stepped back & replied "you shall not run over me if I am a small man, & if you advance
[page break]
on me I'll shoot you - Richardson Took one step forward & the [[Pistol shooting|pistol]] fired - but wit-ness would not say whether Kapp fired the pistol or whether it went off as he was trying to cock it. That Kapps hands were both down before him at the time the pistol fired as if he were cocking it - that he was holding the pistol in both hands & witness [?] [?] the fact That the pistol went off as he was trying to cock it. That immediately after the firing he heard Kapp again say if he advanced on him he would kill him, & Richardson not doing so Kapp put up his pistol & walked off.
The state admitted that an absent witness - [Shahau?] - [would?] swear that he saw Kapp, as he was going by his door Towards the place where he & Richardson met - about 60 yards from the place of meeting - that he distinctly saw the but of the pistol sticking out of his breeches pocket - Richardson swore that Kapp Either drew the pistol from his [?] or from under his coat - he could not say which - Boast also swore that it was about dark or Twilight - that the lamps had been lighted in the [[Drug stores|drug store]] - & that Richardson was very much Excited - We contended that these facts raised very [[Reasonable doubt|reasonable doubt]] as to whether the pistol was concealed or not.
There is now pending in the Court an
[page break]
[[Indictments|indictment]] against Kapp for shooting, at Richardson -
Kapp is worth nothing & has run away leaving his securities WN Roberts & David [?] to pay the [[Fine|fine]] of $250 which was imposed on him - He has left since our first [[Letter|letter]] to you.
We have sent up a [[Petition, Right of|petition]] to the [[Governor|Governor]] to remit the fine Except $50. [sup]00[sup] that brings the fine imposed on [?] by the other [[Jury|Jury]] of the Term, for the same of-fence - There being no reason why the one should have been fined so much more than the other. The Governor is dis-posed to remit it, & says he will do so, if you will say to him that you think under the circumstances it is a proper case for his [interporition?].
Please communicate with the governor forthwith as it is very essential to Kapps securities that they should be relieved now if at all - The sheriff is only waiting with them until they can hear the result of this application. They became security for Kapp from the desire to keep him out of [[Jail|jail]] & to give him an oppor-tunity to make the money - He has left them to pay the entire fine & costs
[?] respectfully
Lomax & Prince
[page break]
[[Moore, Andrew B. (Andrew Barry), 1807-1873|Gov. A. B. Moore]]
Dear Sir
At the Earnest request of our mutual friends Prince & Lomax I write you on the subject mentioned within. The facts set forth in the foregoing letter are substantially [?] developed on the Trial, Except perhaps that Richardson [?] pointedly that the Pistol was not drawn from the breeches pockett. There was pending against Kapp an indictment for [[Assault|assault]] to [[Murder|murder]] Richardson. At the request of the attorneys on both sides I allowed the witnesses to testify (as you will percieve) to facts which did not legitimately pertain to the case on Trial but more properly to the one last aforementioned. This may have had some influence on the Jury in moving them to place the fine high.
Since [?] the [?] I have looked over again the within statement. on first page it is said that "he (Kapp met Richardson on the side walk" & this might leave the impression that the meeting was wholly accidental, My recollection is that the testimony tended to show that Kapp went in search of Richardson to seek an Explanation of certain [s/o]this[s/o] remarks which Richardson was said to have made.
I intended to have a personal interview with you, but circumstances beyond my control prevented. I left [[Marion (Ala.)|Marion]] under melancholy circumstances, to wait by the bedside of a dying child. We laid him down to sleep in the Church [?] and on yesterday. I know we have your sympathy in our bereavement.
Your friend
[[Coleman, Augustus A, 1826-1910|A.A. Coleman]]
[archive stamp]
Hon [[Coleman, Augustus A, 1826-1910|A.A. Coleman]] -
Sir -
We again call your attention to the case of the State v. [[Kapp, James F|James F. Kapp]] [[Trial|tried]] & [[Convicted|convicted]] of carrying concealed [[Weapons|weapons]], before you at the last Term of the Circuit court of [[Marengo County (Ala.)|Marengo]].
At your suggestion we submit a state-ment of the facts disclosed on the trial, and request you to certify the same to his Excellcy the Governor, -
Kapp had been informed that [[?, Richardson|Richard-son]], who was a very large athletic man, + with whom he (Kapp) had been on friendly Terms- had been violently denouncing him - This way the evidence of Boast-a state's witness - That he met Richardson on the side walk, [?] [[Witness|Witness]] (Boast/ and asked him for [?] reason he was denouncing him & said "we have al-ways been friendly" This was said & done in a low Voice & mild manner, as Richardson admitted - Richardson replied in a loud and angry voice "You shall not mention that subject to me & if you do I'll [?] your damned head across the street" raising his hand as if to strike him. Kapp stepped back & replied "you shall not run over me if I am a small man, & if you advance
[page break]
on me I'll shoot you - Richardson Took one step forward & the [[Pistol shooting|pistol]] fired - but wit-ness would not say whether Kapp fired the pistol or whether it went off as he was trying to cock it. That Kapps hands were both down before him at the time the pistol fired as if he were cocking it - that he was holding the pistol in both hands & witness [?] [?] the fact That the pistol went off as he was trying to cock it. That immediately after the firing he heard Kapp again say if he advanced on him he would kill him, & Richardson not doing so Kapp put up his pistol & walked off.
The state admitted that an absent witness - [Shahau?] - [would?] swear that he saw Kapp, as he was going by his door Towards the place where he & Richardson met - about 60 yards from the place of meeting - that he distinctly saw the but of the pistol sticking out of his breeches pocket - Richardson swore that Kapp Either drew the pistol from his [?] or from under his coat - he could not say which - Boast also swore that it was about dark or Twilight - that the lamps had been lighted in the [[Drug stores|drug store]] - & that Richardson was very much Excited - We contended that these facts raised very [[Reasonable doubt|reasonable doubt]] as to whether the pistol was concealed or not.
There is now pending in the Court an
[page break]
[[Indictments|indictment]] against Kapp for shooting, at Richardson -
Kapp is worth nothing & has run away leaving his securities WN Roberts & David [?] to pay the [[Fine|fine]] of $250 which was imposed on him - He has left since our first [[Letter|letter]] to you.
We have sent up a [[Petition, Right of|petition]] to the [[Governor|Governor]] to remit the fine Except $50. [sup]00[sup] that brings the fine imposed on [?] by the other [[Jury|Jury]] of the Term, for the same of-fence - There being no reason why the one should have been fined so much more than the other. The Governor is dis-posed to remit it, & says he will do so, if you will say to him that you think under the circumstances it is a proper case for his [interporition?].
Please communicate with the governor forthwith as it is very essential to Kapps securities that they should be relieved now if at all - The sheriff is only waiting with them until they can hear the result of this application. They became security for Kapp from the desire to keep him out of [[Jail|jail]] & to give him an oppor-tunity to make the money - He has left them to pay the entire fine & costs
[?] respectfully
Lomax & Prince
[page break]
[[Moore, Andrew B. (Andrew Barry), 1807-1873|Gov. A. B. Moore]]
Dear Sir
At the Earnest request of our mutual friends Prince & Lomax I write you on the subject mentioned within. The facts set forth in the foregoing letter are substantially [?] developed on the Trial, Except perhaps that Richardson [?] pointedly that the Pistol was not drawn from the breeches pockett. There was pending against Kapp an indictment for [[Assault|assault]] to [[Murder|murder]] Richardson. At the request of the attorneys on both sides I allowed the witnesses to testify (as you will percieve) to facts which did not legitimately pertain to the case on Trial but more properly to the one last aforementioned. This may have had some influence on the Jury in moving them to place the fine high.
Since [?] the [?] I have looked over again the within statement. on first page it is said that "he (Kapp met Richardson on the side walk" & this might leave the impression that the meeting was wholly accidental, My recollection is that the testimony tended to show that Kapp went in search of Richardson to seek an Explanation of certain [s/o]this[s/o] remarks which Richardson was said to have made.
I intended to have a personal interview with you, but circumstances beyond my control prevented. I left [[Marion (Ala.)|Marion]] under melancholy circumstances, to wait by the bedside of a dying child. We laid him down to sleep in the Church [?] and on yesterday. I know we have your sympathy in our bereavement.
Your friend
[[Coleman, Augustus A, 1826-1910|A.A. Coleman]]
[archive stamp]
Subject
Alabama--History--19th Century.; Crime--Alabama--History.; Marengo County (Ala.).; Moore, Andrew B. (Andrew Barry), 1807-1873.