Petition for pardon to A.B. Moore for the release of Jacob Parmer
Item
Identifier
Q0000134252_Q0000134255
Title
Petition for pardon to A.B. Moore for the release of Jacob Parmer
Rights
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Type
text
Creator
George W. Coleman
Date
1858
Description
Petition to Governor A.B. Moore from Clayton, Alabama, for the release and pardon of Jacob Parmer. <br><br>The petition states that George W. Coleman believes Parmer to be innocent of the charges.
Language
English
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Soleil Ozols
transcription
Q0000134252_Q0000134255
The State vs [[Parmer, Jacob|Jacob Parmer]]
[line in middle of page]
The [[Circuit courts|Circuit Court]] of [[County of Barbour (Ala.)|Barbour County]] [S?] T 1858
Personally appeared before me, [[Coleman, George W.|George W Coleman]] clerk of the [[Circuit courts|Circuit Court]] of Barbour Co^ Jacob Parmer the defendant in the above stated case who makes oath that in the excitement of his trial in the above stated case that he affiant through forgetfulness, failed to inform his councel of the proof he could make by [[H [[? William H.| William H ?]] a material witness for defendant in said case, although he had asked said witness to be summoned, and he ^said witness^ was in attendance where the court are [?] the trial. affiant submits the affidavit of said [?] and states that he can from the facts therein [?] if he can have another trial. affidavit further swears that he expects to be able to know by one [[McLean, Lochlan|Lochlan McLean]] a brother of James McLean the principal witness against affiant that said James McClean has informed said Lochlan McLean sometime after his pocketbook and money was charged to have been stolen that the said James McLean was drunk on the night that his
[page break]
pocket book and money was stolen and that he did not know who had stolen said pocket-book and money. affiant never knew that he could make this proof by said Lochlan McLean, until after his trial and he submits the affidavit of Andrew J. [?] from ^whom^ his councel has learned the above facts since the trial of the case to show that he can make said proof. affirant further swears that he expects to know by one Ward who resides in [[County of Dale (Ala.)|Dale County]] that said James McClean after the alleged [[larceny|larceny]] of the pocket-book and money charged him said Ward with the stealing of it that he can also prove by James Hamilton who resides in this county near Eufaula that said James McLean after said alleged larceny of his pocketbook and money charged him the said Hamilton with the larceny of said pocket-book. Affiant also states that he can prove by Rolls ^who^ resides in Dale County that said James McLean charged him said Rolls with the [[larceny|larceny]] of said pocketbook and money and that said witness and said McLean have three fights about said charge
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Affiant further states that where he was first arrested on this charge of [[larceny|larceny]] at the instance of said [McLean, James|James McLean] and carried before B.H. Riser a justice of the peace for this county that said James McLean refused to testify and give evidence in said case against this affiant and that affiant was discharged which fact affiant can prove by said justice of the peace Riser and affiant says that he was surprised by the evidence given in on the trial of this case by said James McLean and from his refusal to swear before Riser as above stated affiant was induced to believe that said James McLean would not swear against him upon the trial at this term of the Court. And hence he did not take steps to procure the testimony of said Ward, Hamilton Rolls and said Riser that he expects to be able to procure the attendance of each and all said witnesses if he can obtain another trial.
Affiant further swears that he expects to prove by John Barbaree Hampton Ryan Hugh N Carmichal Wm B Crews, Garnet Bynum
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John Johnson Jefferson Parmer Arthur B. Crews, John Crews, James B Smith & others that they know the character of James McLean for truth & veracity in the neighborhood in which he lives & from such character they would not believe him on his oath in a court of justice.
Affiant further swears that he expects to prove by [Bynum, James S.|James S. Bynum] who lives in this county that the said James McLean told him that he (McLean) did not believe that the Defendant stole his pocketbook as charged in this case but that he (McLean) had sworn it once [?] to the affidavit upon which the warrant above referred to was [?]/ and he would have to do so again. And that the said McLean further told him (said witness) that he would never have so sworn if he had not been urged to by others. affiant never learned that he could make the above proof by said Bynum until after the trial in this case. affiant further swears that he is not guilty of the larceny charged against him and if a new trial is allowed him he hopes to be able to make an appeal.
Sworn to and subscribed
before me this the 8th May AD 1858
Jacob Parmer
George W. Coleman Clerk
The State vs [[Parmer, Jacob|Jacob Parmer]]
[line in middle of page]
The [[Circuit courts|Circuit Court]] of [[County of Barbour (Ala.)|Barbour County]] [S?] T 1858
Personally appeared before me, [[Coleman, George W.|George W Coleman]] clerk of the [[Circuit courts|Circuit Court]] of Barbour Co^ Jacob Parmer the defendant in the above stated case who makes oath that in the excitement of his trial in the above stated case that he affiant through forgetfulness, failed to inform his councel of the proof he could make by [[H [[? William H.| William H ?]] a material witness for defendant in said case, although he had asked said witness to be summoned, and he ^said witness^ was in attendance where the court are [?] the trial. affiant submits the affidavit of said [?] and states that he can from the facts therein [?] if he can have another trial. affidavit further swears that he expects to be able to know by one [[McLean, Lochlan|Lochlan McLean]] a brother of James McLean the principal witness against affiant that said James McClean has informed said Lochlan McLean sometime after his pocketbook and money was charged to have been stolen that the said James McLean was drunk on the night that his
[page break]
pocket book and money was stolen and that he did not know who had stolen said pocket-book and money. affiant never knew that he could make this proof by said Lochlan McLean, until after his trial and he submits the affidavit of Andrew J. [?] from ^whom^ his councel has learned the above facts since the trial of the case to show that he can make said proof. affirant further swears that he expects to know by one Ward who resides in [[County of Dale (Ala.)|Dale County]] that said James McClean after the alleged [[larceny|larceny]] of the pocket-book and money charged him said Ward with the stealing of it that he can also prove by James Hamilton who resides in this county near Eufaula that said James McLean after said alleged larceny of his pocketbook and money charged him the said Hamilton with the larceny of said pocket-book. Affiant also states that he can prove by Rolls ^who^ resides in Dale County that said James McLean charged him said Rolls with the [[larceny|larceny]] of said pocketbook and money and that said witness and said McLean have three fights about said charge
[page break]
Affiant further states that where he was first arrested on this charge of [[larceny|larceny]] at the instance of said [McLean, James|James McLean] and carried before B.H. Riser a justice of the peace for this county that said James McLean refused to testify and give evidence in said case against this affiant and that affiant was discharged which fact affiant can prove by said justice of the peace Riser and affiant says that he was surprised by the evidence given in on the trial of this case by said James McLean and from his refusal to swear before Riser as above stated affiant was induced to believe that said James McLean would not swear against him upon the trial at this term of the Court. And hence he did not take steps to procure the testimony of said Ward, Hamilton Rolls and said Riser that he expects to be able to procure the attendance of each and all said witnesses if he can obtain another trial.
Affiant further swears that he expects to prove by John Barbaree Hampton Ryan Hugh N Carmichal Wm B Crews, Garnet Bynum
[page break]
John Johnson Jefferson Parmer Arthur B. Crews, John Crews, James B Smith & others that they know the character of James McLean for truth & veracity in the neighborhood in which he lives & from such character they would not believe him on his oath in a court of justice.
Affiant further swears that he expects to prove by [Bynum, James S.|James S. Bynum] who lives in this county that the said James McLean told him that he (McLean) did not believe that the Defendant stole his pocketbook as charged in this case but that he (McLean) had sworn it once [?] to the affidavit upon which the warrant above referred to was [?]/ and he would have to do so again. And that the said McLean further told him (said witness) that he would never have so sworn if he had not been urged to by others. affiant never learned that he could make the above proof by said Bynum until after the trial in this case. affiant further swears that he is not guilty of the larceny charged against him and if a new trial is allowed him he hopes to be able to make an appeal.
Sworn to and subscribed
before me this the 8th May AD 1858
Jacob Parmer
George W. Coleman Clerk
Subject
Moore, A. B. (Andrew Barry), 1807-1873; Governors--Alabama; Alabama--Politics and government--To 1865; United States--History--Civil War, 1861-1865