Letter from Joshua Morse to Andrew B. Moore; December 24, 1859
Item
Identifier
Q0000133549 - Q0000133552
Title
Letter from Joshua Morse to Andrew B. Moore; December 24, 1859
Rights
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Type
text
Creator
Joshua Morse
Date
12/24/1859
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Letter from Joshua Morse to Andrew B. Moore opposing a petition to remit the fines of Jess Boykin, Christopher Boykin,and [OBarrel?] Boykin.
Format
Letter
Language
English
Place
Butler, Choctow County (Ala.)
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Riley LoCurto
transcription
Butler Choctow [Coufle?]
December 24/59
Hon [[Moore, Andrew B. (Andrew Barry), 1807-1973|Andrew B Moore]] A. B. Moore Governor of
[[Montgomery (Ala.)]]
Ala Dear Sir
I propose offer you a few reasons in support of the Protest I forwarded you, against the [[Petitions, Legal|petition]] [praying?] <s>[unclear]</s> to remit the fines of [[Boykin, Jess|Jess Boykin]], [[Boykin, Christopher|Christopher Boykin]], [[Boykin, O’Burre|lO’Burrel Boykin]] lately tried in this county & convicted[[Convicted|conviction]] & fined for an [Affray?]. I assisted the the solicitors in this prosecution of these ofds. and I feel at liberty to state, that the evidence disclosed a most unprovoked & cold blooded [[assault]] on the part of these men, resulting in the most unfortunate consequences. [unclear] honorable & impartial men, the neighbors of these men have upon this oath solemly Declared [unclear] the evidence justified the verdict. And a better Jury[[Jury|jury]] I have never sen empaneled. No appeal was Taken & no motion was made for a new trial[[Trial|tried]]— there was [page break] no pretenses that the jury Disregard the law as the evidence, or that the trial was in any particular unfair. They this witness acquiesed in the verdict and Judgement. They were Defended by able attys, no exception was taken, but on the [condition?] the rulings of the Court were satisfactory to all parties, And the Court has not in any measure disturbed the verdict of the Jury. The fines were by no means excessive. Public opinion anticipated and justified the action of the Jury and fully approved & sustained the verdict. The Dfds have the character of being Lawless, violent & [Disosecal?] They are almost constantly embroiled in fights & [affrag?] and involved in criminal litigation They [consisted?] more or less of the Time of all over Circuit Courts[[Circuit couts|circuit court]] and among the Juries of the court, with malicious [ofniaolou] prosecution & Defenses The plea of poverty can avail them nothing The Estate of their father is worth over $20,000 They have [grain?] good security & fully indemnified their sureties, [page break] Their sureties are men of wealth, respectability and influence in [Nc?] County. They cannot be reformed to great [extences?] whom [each?] man endorse them and whom they are fully able to in-demnify Them. The fight was unprovoked, except on the part of one man named [Kitehan?]. The assault was attended by circumstances of great aggravation It was in the public road, in the midst of at least forty peaceable citizens, None of the parties used a knife, if except those Dfdt The result was that [Kitehan?] was stabbed in the back, and is paralyzed & disabled & bedridden[[Invalids|invalid/s]] for life and his family is charged ups the charity of the public There other men were stabbed by one of these Dfds and all of them in the back, except one, Two of them were under medical treatment for a long time and the life of one [(Gisedes Kitehan)?] was long dispaired of All this was done by Jess Boykin & others and so far as he is concerned without the least provocation & with no circumstance to paliate his offence, [page break] The Protest that has been sent to you is signed by none except the peaceable law abiding citizens of the County, and included in the number are seven of the Jurors, who actually tried the case, according to the certificate of the [unclear] These and other reasons which may suggest [unclear] to the mind of your Excellency, justify me and careful majority of the people of this County in earnestly protesting against any interference with verdict of the jury in this case. I hold myself [ready to be establish, every allegation in this paper, by com-petant proof
I am with most respect Your Ob.
[Joshua?] Morse
I ask your attention also to the 1<sup>sr</s> Protest and the one herewith forwarded respectfully
J. Morse
December 24/59
Hon [[Moore, Andrew B. (Andrew Barry), 1807-1973|Andrew B Moore]] A. B. Moore Governor of
[[Montgomery (Ala.)]]
Ala Dear Sir
I propose offer you a few reasons in support of the Protest I forwarded you, against the [[Petitions, Legal|petition]] [praying?] <s>[unclear]</s> to remit the fines of [[Boykin, Jess|Jess Boykin]], [[Boykin, Christopher|Christopher Boykin]], [[Boykin, O’Burre|lO’Burrel Boykin]] lately tried in this county & convicted[[Convicted|conviction]] & fined for an [Affray?]. I assisted the the solicitors in this prosecution of these ofds. and I feel at liberty to state, that the evidence disclosed a most unprovoked & cold blooded [[assault]] on the part of these men, resulting in the most unfortunate consequences. [unclear] honorable & impartial men, the neighbors of these men have upon this oath solemly Declared [unclear] the evidence justified the verdict. And a better Jury[[Jury|jury]] I have never sen empaneled. No appeal was Taken & no motion was made for a new trial[[Trial|tried]]— there was [page break] no pretenses that the jury Disregard the law as the evidence, or that the trial was in any particular unfair. They this witness acquiesed in the verdict and Judgement. They were Defended by able attys, no exception was taken, but on the [condition?] the rulings of the Court were satisfactory to all parties, And the Court has not in any measure disturbed the verdict of the Jury. The fines were by no means excessive. Public opinion anticipated and justified the action of the Jury and fully approved & sustained the verdict. The Dfds have the character of being Lawless, violent & [Disosecal?] They are almost constantly embroiled in fights & [affrag?] and involved in criminal litigation They [consisted?] more or less of the Time of all over Circuit Courts[[Circuit couts|circuit court]] and among the Juries of the court, with malicious [ofniaolou] prosecution & Defenses The plea of poverty can avail them nothing The Estate of their father is worth over $20,000 They have [grain?] good security & fully indemnified their sureties, [page break] Their sureties are men of wealth, respectability and influence in [Nc?] County. They cannot be reformed to great [extences?] whom [each?] man endorse them and whom they are fully able to in-demnify Them. The fight was unprovoked, except on the part of one man named [Kitehan?]. The assault was attended by circumstances of great aggravation It was in the public road, in the midst of at least forty peaceable citizens, None of the parties used a knife, if except those Dfdt The result was that [Kitehan?] was stabbed in the back, and is paralyzed & disabled & bedridden[[Invalids|invalid/s]] for life and his family is charged ups the charity of the public There other men were stabbed by one of these Dfds and all of them in the back, except one, Two of them were under medical treatment for a long time and the life of one [(Gisedes Kitehan)?] was long dispaired of All this was done by Jess Boykin & others and so far as he is concerned without the least provocation & with no circumstance to paliate his offence, [page break] The Protest that has been sent to you is signed by none except the peaceable law abiding citizens of the County, and included in the number are seven of the Jurors, who actually tried the case, according to the certificate of the [unclear] These and other reasons which may suggest [unclear] to the mind of your Excellency, justify me and careful majority of the people of this County in earnestly protesting against any interference with verdict of the jury in this case. I hold myself [ready to be establish, every allegation in this paper, by com-petant proof
I am with most respect Your Ob.
[Joshua?] Morse
I ask your attention also to the 1<sup>sr</s> Protest and the one herewith forwarded respectfully
J. Morse
Subject
Moore, A. B. (Andrew Barry), 1807-1873; Governors--Alabama; Alabama--Politics and government--To 1865; United States--History--Civil War, 1861-1865; Petitions; Crime--Alabama--History.