Petition from the citizens of Marengo County to Andrew B. Moore; July 14, 1858
Item
Identifier
Q0000133394_Q0000133396
Title
Petition from the citizens of Marengo County to Andrew B. Moore; July 14, 1858
Rights
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Type
text
Creator
Citizens of Marengo County, Alabama
Date
1858 July 14
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Petition from the citizens of Marengo County to Andrew B. Moore requesting the fine imposed on James F. Kapp for carrying a concealed weapon be reduced.
Format
Petition
Language
English
Place
Marengo County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Jenna Grabinski
Relation
Q0000133387_Q0000133388;
Q0000133389; Q0000133390_Q0000133393
Q0000133389; Q0000133390_Q0000133393
transcription
His Excellency
[[Moore, Andrew B. (Andrew Barry), 1807-1873|A.B. Moore]]-
Your [[Petitions|petitioner]] citizens of the [[Marengo County (Ala.)|county of Marengo]], respectfully represent- That at the last Term of the Circuit Court of said County [[Kapp, James F|James F. Kapp]], a citizen of [[Demopolis (Ala.)|Demopolis]], was [[Conviction|convicted]] of the offence of carrying concealed about his person a [[Pistol shooting|pistol]], and [[Fine|fined]] $250.<sup>00<sup>/ Your petitioners pray your Excellency to remit all of said fine Except $50.<sup>00<sup> & for the following reasons-
They are well acquainted with said Kapp, he having been raised from his boyhood in said Town - He is about twenty three or four years of age - has ever borne the Character of an industrious, peaceable man, - has no property - and is dependent upon his daily [[Labour|labour]], as a printer, for his support -
That at the same Term of said court another person was convic-ted of the same offence by the other [[Jury|jury]] of the week & fined only $50.<sup>00<sup> and your petitioners are informed of no reasons why the one should have ^been^ fined to much more than the other-
Your petitioners represent that
[page break]
they are all acquainted with the cir-cumstances under which he car-ried the pistol, and they Are convinced that he believed it was necessary for him to do so, to protect himself against the [[Abuse|abuse]] of an adversary vastly his superior in strength - And they are ad-vised that altho' there was some con-flict in the <s>said</s> [[Testimony|testimony]] of [[?, Richardson|Richard-son]] (the prosecutor) & the only other [[Witness|wit-ness]] Introduced upon the [[Trial|trial]], the facts developed were substanially as follows -
Kapp had been informed that Richard-son, whom he had Known for a great while, & with whom he had always been on friendly Terms, was abusing & [?] him in violent & insulting language - That he desired an interview with Richardson to learn the cause of his abuse - That he accosted Richard-son in calm and polite Terms, and asked him for and Explanation of his conduct - that Richardson flew into a violent [?] - denounced Kapp - re-fused to make any Explanation - and Told him that if he spoke to him he "would knock his head across the street" advanced one step forward with his hand raised, as if it strike - whence Kapp [?] his pistol - These are the
[page break]
facts as declosed to by one Boast who - was a witness for the state, and conflic-ted with the evidence of Richardson, alone as ^to^ his advance whom Kapp, "with his hand raised as if to strike" and as to the language used by Richardson at the interview -
The presiding [[Judge|Judge]] charged the Jury that these facts did not make out a defence under the statutes-
Your petitioners believe that justice will be [mandated?] by granting the prayer of this petition.
July 14. 1858
LT Marlimere
[?]
H.C. Roberts
E.f. Marlimiere
[?] W. Williams
Alf o Breitling
Adolphus Schmidt
[?] Obering
[?] J. Dale
James W Baird
David Rudisill
W.E. Winn
TY. Lunceford
[?]
O.H. Prince
[?]
J.S. Harwell
BG [Dairwood?]
J.H. Armstrong
[?] Dowey
Eugene Mahoney
J.P. Kenny
C.H. Cotton
A.Y. Sharpe
Jno R Ester
Michael Pfeifer
Josef [?]
J.M. Stallings
RM Robinson
H.R. Winn
Charles Breitling
John J Russell
J. Eycll
[page break]
A.z aiser
W.J. Lunceford
[?]
Elebeacy
JA Eppes
J.J. Breitling
A.M. Shahan
DM Talifano
John Baust
Issac Most
I know nothing of the facts stated within he whom not having been present at the trial nor have I heard any witness present state the facts. I know [mr?] Kapp & am satisfied he has to make his living by his personal labor & is ills able to pay the Amount of the fine - for this reason & would be glad to see the fine reduced to $50. As the amount with the Cost would be as much as he could conveniently pay H Lyon
EJ Rhodes
NZ Lipsemt
J.F. Barnes
Jefferson N Lewis
Nathan P. biles
R.A. Ester
Darill Constance
WV Braswell
AL Rudisill
John D. Fowler
William H. Roberts
R.B. McCarhsey
John Y. Hull
John T. Mason
M. M. Milliford
L G Johnston
[archive stamp]
[page break]
James F. Kapp.
Marengo Co
Petition for
Remission of
Fines
1858
[[Moore, Andrew B. (Andrew Barry), 1807-1873|A.B. Moore]]-
Your [[Petitions|petitioner]] citizens of the [[Marengo County (Ala.)|county of Marengo]], respectfully represent- That at the last Term of the Circuit Court of said County [[Kapp, James F|James F. Kapp]], a citizen of [[Demopolis (Ala.)|Demopolis]], was [[Conviction|convicted]] of the offence of carrying concealed about his person a [[Pistol shooting|pistol]], and [[Fine|fined]] $250.<sup>00<sup>/ Your petitioners pray your Excellency to remit all of said fine Except $50.<sup>00<sup> & for the following reasons-
They are well acquainted with said Kapp, he having been raised from his boyhood in said Town - He is about twenty three or four years of age - has ever borne the Character of an industrious, peaceable man, - has no property - and is dependent upon his daily [[Labour|labour]], as a printer, for his support -
That at the same Term of said court another person was convic-ted of the same offence by the other [[Jury|jury]] of the week & fined only $50.<sup>00<sup> and your petitioners are informed of no reasons why the one should have ^been^ fined to much more than the other-
Your petitioners represent that
[page break]
they are all acquainted with the cir-cumstances under which he car-ried the pistol, and they Are convinced that he believed it was necessary for him to do so, to protect himself against the [[Abuse|abuse]] of an adversary vastly his superior in strength - And they are ad-vised that altho' there was some con-flict in the <s>said</s> [[Testimony|testimony]] of [[?, Richardson|Richard-son]] (the prosecutor) & the only other [[Witness|wit-ness]] Introduced upon the [[Trial|trial]], the facts developed were substanially as follows -
Kapp had been informed that Richard-son, whom he had Known for a great while, & with whom he had always been on friendly Terms, was abusing & [?] him in violent & insulting language - That he desired an interview with Richardson to learn the cause of his abuse - That he accosted Richard-son in calm and polite Terms, and asked him for and Explanation of his conduct - that Richardson flew into a violent [?] - denounced Kapp - re-fused to make any Explanation - and Told him that if he spoke to him he "would knock his head across the street" advanced one step forward with his hand raised, as if it strike - whence Kapp [?] his pistol - These are the
[page break]
facts as declosed to by one Boast who - was a witness for the state, and conflic-ted with the evidence of Richardson, alone as ^to^ his advance whom Kapp, "with his hand raised as if to strike" and as to the language used by Richardson at the interview -
The presiding [[Judge|Judge]] charged the Jury that these facts did not make out a defence under the statutes-
Your petitioners believe that justice will be [mandated?] by granting the prayer of this petition.
July 14. 1858
LT Marlimere
[?]
H.C. Roberts
E.f. Marlimiere
[?] W. Williams
Alf o Breitling
Adolphus Schmidt
[?] Obering
[?] J. Dale
James W Baird
David Rudisill
W.E. Winn
TY. Lunceford
[?]
O.H. Prince
[?]
J.S. Harwell
BG [Dairwood?]
J.H. Armstrong
[?] Dowey
Eugene Mahoney
J.P. Kenny
C.H. Cotton
A.Y. Sharpe
Jno R Ester
Michael Pfeifer
Josef [?]
J.M. Stallings
RM Robinson
H.R. Winn
Charles Breitling
John J Russell
J. Eycll
[page break]
A.z aiser
W.J. Lunceford
[?]
Elebeacy
JA Eppes
J.J. Breitling
A.M. Shahan
DM Talifano
John Baust
Issac Most
I know nothing of the facts stated within he whom not having been present at the trial nor have I heard any witness present state the facts. I know [mr?] Kapp & am satisfied he has to make his living by his personal labor & is ills able to pay the Amount of the fine - for this reason & would be glad to see the fine reduced to $50. As the amount with the Cost would be as much as he could conveniently pay H Lyon
EJ Rhodes
NZ Lipsemt
J.F. Barnes
Jefferson N Lewis
Nathan P. biles
R.A. Ester
Darill Constance
WV Braswell
AL Rudisill
John D. Fowler
William H. Roberts
R.B. McCarhsey
John Y. Hull
John T. Mason
M. M. Milliford
L G Johnston
[archive stamp]
[page break]
James F. Kapp.
Marengo Co
Petition for
Remission of
Fines
1858
Subject
Alabama--History--19th Century.; Crime--Alabama--History.; Marengo County (Ala.).; Moore, Andrew B. (Andrew Barry), 1807-1873.