Petition from the citizens of Choctaw County to His Excellency Governor Andrew B Moore; March 1858
Item
Identifier
Q133507_133510
Title
Petition from the citizens of Choctaw County to His Excellency Governor Andrew B Moore; March 1858
Rights
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Type
text
Creator
Citizens of Choctaw County
Date
March 1858
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. A petition from the citizens of Choctaw County to Governor Andrew B. Moore requesting the remittance of fines placed in the case of Sheriff James Slater. Moore's decision to the petition is included.
Format
Petition
Language
English
Place
Choctaw County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Parker Hutchens
Relation
Q133511_133513; Q133514
transcription
State of Alabama
[[Choctaw County (Ala.)|Choctaw County]] [page break] To his Excellency [[Moore, Andrew B. (Andrew Barry), 1807-1873|A.B. Moore]] of the state of Alabama Come your Petitioners and respectfully represent unto your Excellency and respectfully hear your Excellency to grant their petition and request.
At the Spring Seven* of the [[Circuit courts|circuit court]] of the recently* aforesaid one indictment was found by the grand jury of said County against [[Slater, James G.|James G. Slater]] [[Sheriffs|Sheriff]] of Choctaw Co. Ala. For failing to make a statement in writing of such monies as had come into his hands due said County as is required by section 182 of the Code* of Ala.
At the fall Term* 1857, of the Circuit Court of the County of the said there was (_?) sepina(subpoena?) or sitting of the Court as the judge did not attend and therefore no monies* came into the hands of the Sheriff as the result of the judgement of said (_?) of the Court. On the trial of the case of the state is James G. Slater as afore- said on the exhibition of the books and (__?) of said sheriff and such other proof as was introduced
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by the state it was found that there were but two ($200) dollars in the hands of said sheriff due the County which had not been hand* by him to the treasurer previous to the Spring Seven* of the Circuit Court 1858 at which said indictment was found.
As there was no court at the Fall Seven of the Circuit Court 1857, and as the accountant of money on consequence thereof in the hands of the sheriff due* said County of Choctaw was very small. Your petitioners respectfully represent that in their opinion it was only an innocent neglect on the part of said sheriff that he did not make a report of the suspect* to the Correct Treasurer* as the law requires.
Under the charge of the Court the jury brought in a [[Verdicts.|verdict]]
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of guilty and fined said sheriff one hundred dollars the lowest fine in such cases known to the law. Considering the facts in this case we your petitioners respectfully sway* your Excellency to rescind said fines imposed upon said sheriff as we think the imposition of said fine under the circumstances is a great hardship on said sheriff and it is a case which appeals to the salutary power imposed by our Constitution and laws in your Excellency and is one of these cases. Contemplated by the people in the framing of our Constitution of State Government in giving to your Excellency the power to interpose in your discretion to protect the innocent and indiscreet* against the evils of a too rigid construction of our moral* statutes*, and for your Petitioners will as in duty bound* (ever or even) pray* to*
J. D. Mcleary* F.S. Denson
John Winds* J H Nelson
____ Wimberly* T. H. Bowling
M. _. Br____ Lisa Jackson
William ____ _. S. Horn
Moses Shirley Frock* Perrington
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Joshua Morse*
Executive* department* , March* 1858
For the viewing* sch* forth in (this or thus) petition and the will of the seventh circuit* ruled* all but ten dollars of the* fine against Sheriff* James Slater is removed from* the payment after* the* ten* dollars & the case*
A.B. Moore
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I John C Chapman Clerk of the Circuit Court of Choctaw County hereby certify that the first twelve names* signed to the foregoing petition are the honors* of the decisions* made* this* the* case referred to & described in said petition.
Given verdict* _ _ and the seal of said Circuit this first day of November in the year of our Lord One thousand Eight hundred and fifty Eight
J.C. Chapman, Clerk
[[Choctaw County (Ala.)|Choctaw County]] [page break] To his Excellency [[Moore, Andrew B. (Andrew Barry), 1807-1873|A.B. Moore]] of the state of Alabama Come your Petitioners and respectfully represent unto your Excellency and respectfully hear your Excellency to grant their petition and request.
At the Spring Seven* of the [[Circuit courts|circuit court]] of the recently* aforesaid one indictment was found by the grand jury of said County against [[Slater, James G.|James G. Slater]] [[Sheriffs|Sheriff]] of Choctaw Co. Ala. For failing to make a statement in writing of such monies as had come into his hands due said County as is required by section 182 of the Code* of Ala.
At the fall Term* 1857, of the Circuit Court of the County of the said there was (_?) sepina(subpoena?) or sitting of the Court as the judge did not attend and therefore no monies* came into the hands of the Sheriff as the result of the judgement of said (_?) of the Court. On the trial of the case of the state is James G. Slater as afore- said on the exhibition of the books and (__?) of said sheriff and such other proof as was introduced
New Page
by the state it was found that there were but two ($200) dollars in the hands of said sheriff due the County which had not been hand* by him to the treasurer previous to the Spring Seven* of the Circuit Court 1858 at which said indictment was found.
As there was no court at the Fall Seven of the Circuit Court 1857, and as the accountant of money on consequence thereof in the hands of the sheriff due* said County of Choctaw was very small. Your petitioners respectfully represent that in their opinion it was only an innocent neglect on the part of said sheriff that he did not make a report of the suspect* to the Correct Treasurer* as the law requires.
Under the charge of the Court the jury brought in a [[Verdicts.|verdict]]
New Page
of guilty and fined said sheriff one hundred dollars the lowest fine in such cases known to the law. Considering the facts in this case we your petitioners respectfully sway* your Excellency to rescind said fines imposed upon said sheriff as we think the imposition of said fine under the circumstances is a great hardship on said sheriff and it is a case which appeals to the salutary power imposed by our Constitution and laws in your Excellency and is one of these cases. Contemplated by the people in the framing of our Constitution of State Government in giving to your Excellency the power to interpose in your discretion to protect the innocent and indiscreet* against the evils of a too rigid construction of our moral* statutes*, and for your Petitioners will as in duty bound* (ever or even) pray* to*
J. D. Mcleary* F.S. Denson
John Winds* J H Nelson
____ Wimberly* T. H. Bowling
M. _. Br____ Lisa Jackson
William ____ _. S. Horn
Moses Shirley Frock* Perrington
New Page
Joshua Morse*
Executive* department* , March* 1858
For the viewing* sch* forth in (this or thus) petition and the will of the seventh circuit* ruled* all but ten dollars of the* fine against Sheriff* James Slater is removed from* the payment after* the* ten* dollars & the case*
A.B. Moore
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I John C Chapman Clerk of the Circuit Court of Choctaw County hereby certify that the first twelve names* signed to the foregoing petition are the honors* of the decisions* made* this* the* case referred to & described in said petition.
Given verdict* _ _ and the seal of said Circuit this first day of November in the year of our Lord One thousand Eight hundred and fifty Eight
J.C. Chapman, Clerk
Subject
Moore, Andrew B. (Andrew Barry), 1807-1873.; Petitions; Crime--Alabama--History; Theft.