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[July 14, 1876] -
HOMICIDE AT MITCHELLSBURG. -- Last Monday afternoon a difficulty occurred between Al. G. Cosby and Frank Jackson, at Michellsburg, in this [Boyle] county, which resulted in the former shooting the latter with a pistol, producing a wound which resulted in his death at 11 o'clock, A.M., on Tuesday. We have heard some particulars of the trouble, but perhaps it would hardly be proper to print them inasmuch as the examining trial is set for to-day (Friday). R. P. Jacobs, of this city, has been engaged for the defence, and Mr. Sam. Harding, County Attorney, will conduct the prosecution. [1]---
[July 15, 1876] -
DANVILLE.
Examining Trial of Albert G. Cosby, Accused of the Killing of Frank Jackson.
(Special Dispatch to the Courier-Journal.)
DANVILLE, July 14. -- The examining trial of Albert G. Cosby, for the killing of Frank Jackson, took place at Mitchellsburg to-day before Justices Caldwell and Mitchell, and resulted in the accused being held to bail in the sum of two thousand dollars, one of the justices being in favor of commitment without bail. [2]
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[July 21, 1876] -
THE COSBY JACKSON HOMICIDE -- The examining trial of A. G. Cosby, for the killing of Frank Jackson, at Michellsburg, some two weeks since, took place, on Friday last, before Esquires Caldwell and Mitchell, at Mitchellsburg. Messrs. R. P. Jacobs and P. B. Thompson, Sr., appeared for the defense, and Jno. S. Van Winkle and Sam. Harding for the prosecution. The evidence brought out was very plain, the witnesses corroborating each other. It was in substance about as follows: Jackson, a blacksmith, was in his shop at work. Cosby passed several times, armed with a pistol. Late in the evening he approached Jackson, in front of his shop, accusing him of saying something disrespectful of himself and wife. Jackson replied, "I have said no more than what others have said, and I never take back anything I say," at the same time demanding proof. Cosby pointed across the pike to Jno. Webb's shop. They started across, Cosby, in the mean time, denouncing Jackson in very severe terms. When they reached Webb's shop, Jackson said to Cosby, "See what a miserable coward you are; I am not afraid of you or your pistol." (Cosby, as this time, had his pistol about half-drawn and cocked, he and Jackson being about six feet apart.) Cosby then denounced him as a "d--n s-n of a b---h," when Jackson sprang at him with open hands. Cosby fired, the shot striking Jackson in the left side, just below the ribs, and ranging downward to the back-bone, from the effects of which he died the next day. Jackson is said to have been a most worthy citizen, being a Good Templar, Odd Fellow, Free Mason, and member of the Christian Church. After hearing the testimony, the Court granted Cosby bail in the sum of $2,000, which was given. One of the Court was in favor of commitment without bail. [3]---
[September 15, 1876] -
The case of Cosby charged with the recent killing of Jackson, at Mitchellsburg, has been transferred to the Lincoln court. [4]
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[November 3, 1876] -
The last case tried by the court of the present term, was the Commonwealth against A. G. Cosby, charged with the murder of Frank Jackson, in Boyle county, last July. The case was sent here for trial on a charge of venue. The proof developed the facts that the difficulty arose between the two men on account of some disrespectful talk which the man Jackson had said about the wife of Cosby. The difficulty was terminated on the 10th of July, last, at Mitchellsburg, in Boyle county, by Cosby shooting and killing Jackson. Both sides were ably represented by counsel, and after a full argument for and against the prisoner, the jury retired, and after deliberating for some hours, returned in the court room and announced that they were not able to agree, and were discharged. It seems that one juries cannot agree upon a verdict in a criminal case. [5]
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[November 3, 1876] -
The case of the Commonwealth vs. A. G. Cosby for the murder of Frank Jackson, transferred from the Boyle Circuit Court, was tried in the Lincoln Circuit Court, at Stanford, this week. The trial and argument lasted three days, and the case was given [to] the jury on Wednesday night, at 10 o'clock, and on Thursday morning they reported they could not agree and were discharged. Cosby's bail of $5,000 was continued, and the case will doubtless be called at the next term of the Court. [6]
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[April 20, 1877] -
The case of A. G. Cosby, for murder, was continued for defendant. [7]
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[November 3, 1876] -
The case of the Commonwealth vs. A. G. Cosby for the murder of Frank Jackson, transferred from the Boyle Circuit Court, was tried in the Lincoln Circuit Court, at Stanford, this week. The trial and argument lasted three days, and the case was given [to] the jury on Wednesday night, at 10 o'clock, and on Thursday morning they reported they could not agree and were discharged. Cosby's bail of $5,000 was continued, and the case will doubtless be called at the next term of the Court. [6]---
[April 20, 1877] -
The case of A. G. Cosby, for murder, was continued for defendant. [7]---
[October 19, 1877] -
The case of A. G. Cosby for murder was called and continued till 10th day of term. [8]
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[October 26, 1877] -
The murder case of A. G. Cosby has been transferred to the Boyle Circuit Court. [9]
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[November 2, 1877] -
The case of A. G. Cosby has been sent back to Boyle. [10]---
[September 29, 1878] -
DANVILLE CIRCUIT COURT. -- Two whites and two negroes were sent to the Penitentiary during the Circuit Court -- A. G. Cosby, manslaughter, two years; J. T. Hunter, horse stealing, two years; Amos Guest, obtaining goods under false pretenses, one year; John Yerkees, hog stealing, two years. [11]---
[September 1878 through August 1879] -
Pardon No. 24.
To HON. J. B. MCCREARY, Governor of Kentucky:
Your petitioner, A. G. Cosby, respectfully states that he was indicted in the Boyle Circuit Court for the alleged murder of Frank Jackson; that he was tried for said offense at the present term of said court, and the jury returned a verdict for manslaughter against him, and assessed his punishment at two years confinement in State penitentiary. He will now state the prominent facts proven in the case:
By witness Stephens the Commonwealth proved that on the day of the killing your petitioner passed Jackson’s blacksmith-shop two or three times, and later in the day went up to Jackson, in the turnpike, opposite his shop, and asked him what kind of talk that was he had been saying about your petitioner and his wife, to which Jackson replied, "I have said nothing but what is in the mouth pf everybody in Mitchellsburg, and I take back nothing I have said,” laying his hand on petitioner’s shoulder, and asked where is your proof, and your petitioner pointed to Webb's shop, and they started in that direction, Jackson a little in front. They reached the platform in front of Webb's shop, an Jackson approached the door, your petitioner remaining behind, when Jackson turned around and said to your petitioner, “See what a coward will do. I am not afraid of you and your pistol," and your petitioner replied, “I am not afraid of any scoundrel that walks the streets of Mitchellsburg," and also said he (Jackson) had acted the traitor with him last fall. Each party used oaths and hard expressions. They were but a few feet apart. Your petitioner attempted to get out his pistol, when Jackson jumped towards your petitioner, and the pistol fired. It was hard to tell which was done first, the jumping of Jackson or presenting the pistol. There was but one shot, of which Jackson died next day about noon. Witness saw the pistol of your petitioner. It was silver mounted, and that he kept his hand on it all the time the parties were talking.
John Riley, for the Commonwealth, said your petitioner asked Jackson, " What is that you have been saying about me and my wife?" He answered, “Nothing more than others have said. and had nothing to take back.” Your petitioner said he could prove what he (Jackson) had said, and they started towards Webb’s shop, and got on the platform. Words passed which witness could not hear. He was sitting on his mule about 30 yards off. Jackson advanced towards your petitioner with a quick step, and your petitioner stepped back, and about half drew his pistol, and when the pistol fired Jackson had his hands on your petitioner, or about the time it fired.
Dr. Prewitt, for Commonwealth, said: Jackson was shot between the first and second ribs, and the ball ranged downwards, cutting the colon, and was cut out in the rear. Jackson must have been stooping, or your petitioner must have been higher up than Jackson. The wound was powder burnt.
Nimrod Mullinax, for the Commonwealth: Heard your petitioner, along in the spring of the year, say he could or would kill Jackson if he ever treated him as he had done about some whisky. Jackson had
gotten your petitioner to buy some whisky from a darkey for Jackson’s family, and then made a witness of your petitioner. Saw Jackson and your petitioner often afterwards—your petitioner at Jackson’s shop, and Jackson at the house of your petitioner. On Sunday before the killing
(or Monday) they were together.
This was the testimony of the Commonwealth.
Your petitioner then proved by Joshua England that on Friday before the killing Jackson said in his shop “that Carpenter (a young man who attended at the depot) had a soft thing of it; that Mrs. Cosby (your petitioner's wife) said Carpenter had the prettiest eyes and teeth of any young man in Mitchellsburg, and had the sweetest root.” Your petitioner came to see witness about it on the day of the killing, and asked him what Jackson had said about his wife, and witness did not tell him the words, but said to your petitioner that he would not like any man to talk about his wife in that way, and said your petitioner remarked that he would go and see Jackson about it; that he intended to have a settlement with him and have the thing right; that he was going to have satisfaction. Your petitioner asked him (witness) where his pistol was. Your petitioner was not armed at that time.
George Broaddus was asked by your petitioner what it was Jackson was saying about his wife, and witness said, " Go and ask other persons and he would find out; that he was in a hurry to hitch his horses to the stage; the train was in.” He was stage driver from Mitchellsburg to Harrodsburg; it was 3 o'clock in the evening.
John H. Webb, witness for your petitioner, stated that Jackson and your petitioner were friendly; saw your petitioner in Jackson’s shop talking; your petitioner's horse was hitched to Jackson's spring wagon, and your petitioner and wife and Jackson’s wife rode together in the wagon to Danville; saw Jackson on witness's platform make a break towards your petitioner; saw no pistol at the time; Jackson advanced 10 or ll feet before pistol fired; your petitioner threw his arm around when he shot like it was stiff. Jackson had hold of your petitioner, who had been forced back on the pike. Witness said Jackson, in his shop on Friday before the killing, said Mrs. Cosby (your petitioner‘s wife) said that "Carpenter had the prettiest eyes and teeth, and the nicest man in Mitchellsburg, and had the sweetest cock, and she ought to know, as she had tried it often enough.”
R. C. Mitchell, witness for defense, said Jackson and your petitioner were friendly; that he saw them together every day or so; that they had made friends in his presence about a difficulty they had over some whisky got from a darkey; Jackson said to witness that Mrs. Cosby had what Carpenter wanted, and he was getting it.
D. H. Hill, witness for defense, said he saw Jackson and your petitioner talking before Jackson’s shop; went to doctor shop, and when he came out saw Jackson make at; your petitioner, who was at the edge of the platform. Jackson caught your petitioner and pushed him back into the pike, when the pistol fired; witness was about 30 yards off; could not say where the right hand of your petitioner was before the shooting, as his left side was to witness.
Sam'l Vanderrife, for defense, said he was 13 years old, and was about 60 yards off when the difficulty occurred; saw Jackson have his hands on your petitioner and push him back, and then heard the report of the pistol.
R. H. C. Mitchell was recalled, and said Jackson was a blacksmith, and was fifty or sixty pounds heaver than your petitioner.
This was about all the testimony of a material nature had in the trial. Now your petitioner submits his case to your Honor's consideration. He feels that the sanctity of his household has been cruelly invaded; that his honor has been trampled in the dust; that all that makes life a joy and a pleasure by wicked acts has been attempted to be crushed. His wife is young, and when he took the marriage vow to love, support, protect, and defend her, the obligation was too sacred to be looked at idly, and before heaven he feels that justice and mercy should unite in restoring him to the arms of her whose good name he defended at the peril of his own life. With the fond hope that his appeal may be favorably considered, he will ever pray.
He appends the petition of a sympathetic jury for his pardon; that while they discharged their whole duty as conscientious good citizens, their hearts have prompted them to address the only tribunal under the Constitution and laws that can grant your humble petitioner relief.
The sentence of the court awaits your action.
A. G. Cosby.
Subscribed and sworn to by A. G. Cosby this 10th September, 1878.
D. T. FACKLER, Examiner for Boyle County.
To His Excellency, the Governor of the Commonwealth of Kentucky:
The undersigned, members of the jury which tried the case of Commonwealth against A. G. Cosby, on charge of murder of Frank Jackson, in Boyle Circuit Court, earnestly request your Excellency to pardon said Cosby. The proof in the case showed great provocation on part of said Jackson in the circulation of slanderous reports as to the wife of the defendant; and while under the instructions of the court we felt compelled by our oaths as jurors to find defendant guilty of manslaughter, and fix his punishment at the lowest penalty permitted by the laws, we think it is a case calling for the interference of the Executive, and the exercise of Executive clemency, this 9th September. 1878.
The within is a correct statement of the material facts as developed in the case of the Commonwealth vs. Cosby.
Geo. DENNY, JR, Attorney for Commonwealth.
Sam. F. Maguire, Eugene McGoodwin, W. F. Davis, R. P. McGoodwin, J. M. Spoonamore, F. M. Shumate, Hugh M. Cowherd, Joseph S. Kenny, A. G. Ramey, S. B. Davis, Joseph Maxwell.
HARRODSBURG, KY., September 12, 1878.
To His Excellency, Gov. J. B. McCREARY:
Your petitioners, undersigned, understand that the facts in the case of A. G Cosby, lately sentenced from Boyle to the State Prison for two years, have been laid before your Excellency.
We would most respectfully represent that Mr. Cosby is a citizen of our county, a gentleman of honest, peaceable, and law-abiding character, and we believe only violated the law under the strongest provocation that can assault the nature of a man, viz: an outrageous and unjustifiable attack upon the character of his wife for virtue.
The jury, under the law given, could not but condemn, but we believe that Executive clemency is intended to meet and remove cases of condemnation, which justice in its blind and indiscriminate action cannot reach. We hope your Excellency will so see it and act.
Ben. C. Allin, Clerk Mercer County Court.
Boone Davis, C. D. Thompson, Taylor Terhune, C. M. Dedman, Wm. A. Vandivere, R. T. Latham, W. T. Poteet, J. T. Bohon, M. D., Stanford, J. K. Prather, E V. Ferguson, B. Mills, Lexington, R. A. Pullam, J. L. Neal, A. C. Stagg, Samuel Daviess, G. D. Sign, Robert Forsythe, W. H. Davis, S. R. Vanarsdall, A. Smith McCown, B. F. Poteet, J. H. Finnell, Zed. H. Bryant, T. M. Cardwell, P. J. H., J. N. Shewmaker, Jno. H. Ewing, W. K. Cardwell, W. T. Davis, Jno. S. Harris, John T. Spillman, A. Jones, J. J. McAfee, C. R. Acrans, Robt. D. Brewer, G. M. Forsythe, A. S Adams, Ben. C. Hardin, W. D. James, Deputy Sheriff, J. H. Kirby, G. J. Johnson, John K. Wilson, A. Whiteneck, Larkin Chumley, J. M. Wright, E. W. Haydon, S. T. Smith, Thos. Kyle, M. D., D. M. Thompson, M. D., D. A. McAfee, W. O. Walter, J. S. Hightower, C. Vandavier, J. R. Morgan, Alexander McCrer, John Henry, Jas. Vandivier, B. F. Vanarsdall, W. F. Trimble, Thos. S. Rose, R. O. McDonald, C. P. Springer, George Woods, T. Ransdell, H. A. Woods, Felix M. Owen, J. H. Graves, J. C. Wilson, F. P. James, S. Morgan, R. P. McGrath, Wm. B. Allin, James T. Yates, S. E. Cardwell, L. C. Vandivier, Sam. Farnsworth, E. Magoffin, A. O. Robards, R. B. Gibbs, Geo. W. Robards. Peter Vanarsdall, Wm. Adkinson, L. C. Peter, Washington County, Micheal McCristal, Elijah Hale, A. Terhune, J. H. Adams, John A. Vanarsdall, Jackson Vanarsdall, J. T. Semones, H. C. Smith, N. D. Finnell, P. Cloyd, O. H. Tewney,
HARRODSBURG, Kv., September 14, 1878.
To His Excellency, JAMES B. MCCREARY,
Governor of the Commonwealth:
Your petitioners, undersigned, would most respectfully represent to your Excellency that our fellow-citizen, A. G. Cosby, has been sentenced to a term of two years in the State Penitentiary. We are reliaby in formed that a true statement of the facts as detailed in the evidence has been laid before your Excellency. We take pleasure in testifying to the law-abiding, peaceable, and hard-working character of Mr. Cosby. We believe that the circumstances which compelled him to commit the act
for which the law has condemned him, to be one of those involving the most unsufferable outrage upon the honor and nature of man, viz: an outrage upon the honor and virtuous character of Cosby’s wife, though the cold letter of the law, weighing upon the jury, deprived them of any right to do other than they did. yet we believe the case demands Executive clemency, and hope your Excellency will so see it and act.
Vance Wilson, County Judge., J. M. Graves, Deputy Sheriff Mercer County., Jno. B. T. Daviess, Master Commissioner., Phil. T. Allin, Clerk Mercer County., Richard Board, Clerk Mercer Circuit Court., Bush W. Allin, Deputy Clerk., S. S. McFatridge, Sheriff., J. W. Pulliam, Assessor., J. B. Thompson, H. H. Davis, George Bohon, W. Daviess, L. D. Cardwell, H. C. Bohon, J. B. Williams, Dan. V. Bohon, Smith Hansford, W. J. Bohon, B. T. Yoste, S. P. Debaun, H. McFatridge, W. S. McFatridge, W. A. Owings, William Daviess, H. Plummer, M. D., C. A. Finnell, Dr. M. Tabler., G. N. Davis, J. L. Smedley, Chas. A. Hardin, M. H. Cecil, A. B. Bonta, Isaac Pearson, G. A. Curry. Jno. Charles Thompson, W. H. Morgan, James M. Forsythe, Thomas W. Reed, S. F. Moore, J. W. Moore, James Burke, John M. Tilford, G. R. Yeast, P. A. Vanarsdall, P. W. Hardin, Frank Kirby, John T. Hutchinson, James Tomlinson, H. C. Terhune, J. D. Sweeney, C. S. Vanarsdall, C. D. Vandivier, H. L. McElroy, Dallas Chinn, W. H. Terhune, Thos. McMining, R. K. Graves, C. Gorote, W. J. Hanna,
HARRODSBURG, Ky, October 7, 1878.
To his Excellency, Gov. JAMES B. MCCREARY:
Your petitioners understand that the facts in the case of A. G. Cosby, lately sentenced from Boyle county to the State Prison for two years, have been laid before your Excellency. We would most respectfully represent that Mr. Cosby is a citizen of our county, a gentleman of honest, peaceable, and law-abiding character, and we believe only violated the law under the strongest provocation that can assault the nature of a man, viz: an outrageous and unjustifiable attack upon the character of his wife for virtue.
The jury, under the law given, could not but condemn, but we believe that Executive clemency is intended to meet and remove Cosby of condemnation, which justice, in its blind and indiscriminate action, cannot reach.
We hope your Excellency will so see it, &c.
C. W. Gentry, Surveyor of Mercer county., Elijah E. Reed, J. J. Jenkins, W. H. Benson, T. Brown, W. T. Sanford, W. B. Ransdell, B. F. Parson, D. C Terhune, F. B. Grilley, F. W. Smedley, J. M. Curd, Thos. H. Hardin, James A. Davis, Wm. E. Holsclaw, L. Marsley, D. O. Flaherty, Will. W. Alexander, T. W. Foster, O. N. Vanarsdell, J. W. Wheeler, J. W. Terhune, S. T. Ransdell, David Vanarsdell, James Chambliss, B. T. Ransdell, Dan. Warner, G. S. Taylor, W. H. Cloyd, J. W. Cloyd, P. P. Dedman, J. D. Terhune, Robert Hudson, C. C. Ransdell, A. C. P. Whitenack, E. F. Godfrey, C. S. Abell, G. M. Neff, Garett Daniel, W. F. Robards, W. Robards, L. H. Lancaster.
DANVILLE, KY., October 21, 1878.
To his Excellency, Gov. J. B. McCREARY:
Your petitioners, undersigned, understand that the facts in the case of A. G. Cosby, lately sentenced from Boyle county to the State Prison for two years, have been laid before your Excellency. We would most respectfully represent that Mr. Cosby has been lately a citizen in our county, a gentleman of honest, peaceable, and law-abiding character; and we believe that he only violated the law under the strongest provocation that can assault the nature of a man, viz: an outrageous and unjustifiable attack upon the character of his wife for virtue.
The jury, under the law given, could not but condemn, but we believe that Executive clemency is intended to meet and remove Cosby of condemnation, which justice, in its blind and indiscriminate action, cannot reach.
We hope your Excellency will so see it.
Wm. Brewer, C. W. Metcalfe, Peter T. Gentry, H. P. Bosley, D. M. Harber, Teumey, D. S. Gentry, T. D. English, E. P. Faulconer, D. W. Jones, J. W. Rigney, W. Brady, C. C. Huguely, L. Haukla, Ed. McCarty, George Crame, W. B. Evans, A. H. Sneed, Thomas E. Wood, J. M. Withers, W. S. Brewer, G. H. Withers, C. H. McDowell, J. Wesley Durham, R. D. Logan, John A. Huguely, R. P. Jacob, J. T. Huguely, A. E. Logan, Wm. M.'Rue, C. W. Watson, J. N. McFerran, L. R. Wharton, Jo. McDowell, H. C. Murray, J. B. McFerran, J. H. Webb, S. B. McFerran, B. H. Helm, W. O. Robards, George M. Dunn, Charles Vanedriff, James H. Rochester, R. H C. Mitchell, B. J. Durham, Dock Dunlap, Thos. McRoberts, John W. Bailey, Geo. Denton, J. A. Fishburn, J. H. Vanderiffe, D W. Vanderiffe, N. Mullinix, A. Anderson, W. J Ferrell, J. Wigham, C. R. Preuitt, J. J. Ryan, J. G. Bailey, Josh. Jones, Lorena Denton, John A. Wolford, N. A. Johnston, J. H. Hill, W. B. Watson, R. C. Wade, Charles Burchill, T. M. Lewis, W. R. Orear, Alex. Anderson, P., A. S. McGrorty, S. S. Fry, L. S. McMurtry, W. O. W. Smiley, W. O. Goodloe, Attorney., John S. Fackler, R. H. Mugs, J. R. Nichols, G. S. Caldwell, J. S. Shindelbower, Frank J. Cheek, J. Heron, Jno. W. Yerkes, James Taylor, S. V. Rowland, Edward Flaig, Joseph Flaig, J. R. Carrigan, J. S. Gordan, G. Pendygraft, David Westerfold, Jacob Cazott, Austin Cosby, C. E. Bowman, L. H. Durham, R. Saley Gracenes, Chas. E. Kincaid, R. W. Dunlap, W. B. Harlan, M. D., W. D. Smith, H. T. Craig,
To His Excellency, JAS. B. MCCREARY, Governor of the Commonwealth:
Your petitioners, undersigned, are reliably informed that the facts in the case of A. G. Cosby, sentenced to two years in the State Prison, have been laid before your Excellency. He is our fellow-citizen. We take pleasure in testifying to his character for honesty, peaceableness, and good citizenship.
We believe that though the jury, under the instructions, were bound to find the least punishment, yet we consider the outrageous and unjustifiable attack upon the character for virtue of Cosby’s wife the most in sufferable assault upon the very social life and honor of a human being, and think that though law, in its indiscriminate generality, could not temper justice with equity, yet such is the province of Executive clemency, and we hope your Excellency will so see and act.
Jas. T. Wilson, K. C. Smith, M. P. H., W. A. Bronough, R. S. Mullins, W. J. McMinning, Thos. E. Miller, W. S. Taylor, J. P., J. A. Dean, C. B. Vanarsdale, J. J. Vanpleet, Speed Divine, James Orear, Lud. Shackelford, Thos. Freeman, Wm. C. McClure, W. S. McClure, H. L. Wigham, C. C. Rose, W. C. Vandivier, C. C. Vandivier, J. B. Vandivier, I Buckner Hale, James H. Terhune, C. W. Gentry, S. M. C., S. K. Gentry.
STATE OF KENTUCKY, MERCER COUNTY.
We, the undersigned, your Excellency’s most humble petitioners, would represent that we are apprised of the fact that eleven of the jury who tried the case of A. G. Cosby, together with numbers of citizens (the very best) of this and adjoining counties familiar with the aggravated circumstances of the case, and the evidence as detailed in the trial before the jury, have united in a petition for the pardon of said A. G. Cosby, do hereby unite with said jury and former petitioners in stating to your Excellency that we do believe said Cosby's case comes up to the full measure of that state of case which was contemplated by the framers of our Constitution and laws when they invested the Executive with the pardoning power, and we do earnestly pray that your Excellency will so exercise the power so invested in you as our Chief Executive.
VANCE WILSON, Presiding Judge Mercer County Court.
I know Cosby. He is a man. He comes from your locality, and if I was Governor I would pardon him. I have always been your friend, and his pardon would make you more dear to me, because it is right that mercy should season justice. May your own prayers be answered, and the golden rule never fail in its application to one of our best Governors, is the supplication of your petitioner.
NAT. GAITHER.
J. C. Mack, Sheriff Mercer County., Ben. C. Allin, Clerk County Court., J. W. Cardwell, Notary Public., Thos. M. Cardwell, Police Judge Harrodsburg., J. B. Thompson, S. S. McFatridge, W. D. Finnell, Sam. Daviess, J. C. McIntire, John G. Kyle, Richard Board, Clerk, J. M. Owen, Deputy Sheriff, J. M. Graves, Deputy Sheriff, J. M. Board, W. D. James, J. W. Pulliam, Assessor, Bush W. Allin, H. S. McFatridge, J. E. Elmore, H. Plummer, M. D., B. S. Hardin, Thos. C. Bell, A. M. Vanarsdall, . Geo. C. Keller, James T. Wilson, R. W. Gra, Thos. Edwards, John B. T. Daviess, J. Newton Prather, James L. Neal, John T. Spillman, J. H. Finnell, A. C. Stagg, Wm. Daviess, A. S McCann, J. A. Foster, T. W. Foster, . John N. Foster, Samuel Huff.
MADISON COUNTY, KY., November 1, 1878.
To his Excellency Gov. JAMES B. McCREARY:
Your petitioners understand that the facts in the case of A. G. Cosby, lately sentenced from Boyle county to the State Prison for two years, have been laid before your Excellency. We would most respectfully represent that Mr. Cosby was several years ago a citizen of our county, a gentleman of honest, peaceable, and law-abiding character, and we believe only violated the law under the strongest provocation that can assault the nature of a man, viz: an outrageous and unjustifiable attack upon the character of his wife for virtue.
The jury, under the law given, could not but condemn, but we believe that Executive clemency is intended to meet and remove Cosby of condemnation, which justice, in its blind and indiscriminate action, cannot reach.
We hope your Excellency will so see it.
John C. Hagan, W. Crutcher, Wm. Willis, , James Shearr, R. M. Hagan, W. Wallace, Ed. Herter, M. L. Duerson, John A. Duerson, Wm. L. Hockaway, T. Curtis. D. W. Pribble, S. L. Huguely, James M. Smith, T. D. Chenault, Alex. Tribble, D. Chenault, Geo. DeJarnett, S. P. Ross. C. M. Taylor, James Cosby, R. P. Hockaday, Wm. Smith Collins, Dr. Michael Faris, John C. Tribble, N. Jones, Anderson Chenault, Dudley Tribble, R. G. Tribble, F. H. Tribble, Jake S. White, Jo. R. Simmons, Jr., C. C. Cloisman, H. J. Bennett, C. D. Chenault, John Hill, Esq.
To His Excellency, James B. MCCREARY, Governor of the Commonwealth:
Your petitioners would most respectfully ask you to extend the benefit of Executive clemency to A. G. Cosby, for the peculiar reasons which appear from the nature of the case, as shown by the evidence which, we understand, has been laid before you.
James Taylor, Justice of the Peace., John R. Elliott, Justice of the Peace Mercer County. J. W. Powell, ex-Member Legislature., F. P. Demaree, Ben. Darland, John L. Powell, W. W. Cloar, John Kane, W. D. Reveler, Jas. S. Sutherland, F. M. McAfee, M. C. Darland, R. B. Forsythe, Minor Vanarsdall, D. B. Vanarsdall, J. C. McIntir, J. S. Burrus, Joseph Morgan, W. G. Massie, A. W. Whitenack.
HARRODSBURG, Ky, Aug. 11, 1879.
To His Excellency, J. B. MCCREARY, Governor of Kentucky:
The undersigned would state that he was one of the attorneys of A. G. Cosby in the examining trial and trials in Lincoln Circuit Court and Boyle Circuit Court. He heard the evidence in each of the cases, and, while under the law he may not have been justified, he was excusable.
The act he did was done in defense of his wife’s honor. I recommend his case to the favorable consideration of your Excellency.
I am, respectfully,
PHIL. B. THOMPSON, SR.
WASHINGTON, D. C., August 17, I879.
HON. JAMES B. MCCREARY, Governor, &c, &c:
SIR: Mr. Al. Cosby, late of this county, is now confined in the Penitentiary on a charge of manslaughter. I am satisfied that it would be right and proper for him to be pardoned. I was told by George Borders, a responsible man, recently, that he was in Mitchellsburg at or about the time the man was killed by Cosby; that he heard the deceased scandalize Cosby's wife in a most disgraceful manner; spoke of her as a whore, &c., &c.; that he told Cosby that this man was talking about his wife, but did not tell him what he said; but told him who would tell him. That Cosby had applied to the other parties named, and shortly afterwards the killing was done. Now, while the law does not justify or excuse a killing under these circumstances, they ought at least to be heard in mitigation by the Executive. I believe he ought to be pardoned, and that an enlightened public sentiment everywhere will justify the defense of the name and fame of a man’s wife, even resulting in death. If such a chivalric sentiment can not be found elsewhere, I know it exists in the Christian neighborhood in which this unfortunate affair occurred.
With high regard, I remain yours truly,
PHIL. B. THOMPSON, JR.
HARRODSBURG, Ky., August 27, 1879.
Gov. JAMES B. MCCREARY:
DEAR SIR: In order to meet the reason you assigned for not acting favorably immediately on the Cosby application for pardon, viz.: that the large number of petitioners were not from the immediate vicinity of the killing, I most earnestly ask your attention to the inclosed letters.
It (the one to your Excellency) is signed by 12 of the best and most influential citizens of Mitchellsburg and the immediate vicinity, the leading men in morals, politics, &c.
The letter is their language and their sentiments. I have neither been there nor had anything to do with the letter. The sentiment every where for the pardon of Cosby is strong and unanimous. I have never seen a man dissent from the opinion that you ought to pardon him. I am reliably informed that there are no names on the remonstrance within four miles of Mitchellsburg, and that the only two near there are Woods and Stephens, enemies of Cosby on account of a cow they bought and failed to pay for. The former got up the remonstrance, and most of it in Washington county, a number of the names signed in the same handwriting.
Judge Durham was in Mitchellsburg while these gentlemen were, signing the inclosed letter, and promised them to write you by to-day's mail. I say to you on the honor of a gentleman that public opinion demands the pardon of Cosby. He is a gentleman; his friends and relatives and associates at home are gentlemen; he was a good citizen until this unfortunate calamity, which he could not avert, befell him. I do hope your Excellency will give close and immediate attention to this case, and, if possible, let him return to his family and his friends.
Yours truly, JNO. CHARLES THOMPSON.
MITCHELLSBURG, August 26, 1879.
MR. JOHN CHARLES THOMPSON:
Inclosed you will find a petition, with a few names of our citizens. If I had time I could have quite a number. I got about thirty names on a previous petition in Mitchellsburg and vicinity. The remonstrance got no names, or very few, here. The two thirds of the citizens were for Cosby. I hope you may succeed. If the Governor knew the facts in the case as I do, he would not hesitate. If there was a case deserved Executive clemency, this is one.
Yours in haste,
JOHN L. BAILY.
MITCHELLSBURG, KY., August 26, 1879.
Gov. MCCREARY:
Gov. MCCREARY:
DEAR SIRS We hope you will excuse us for making one more appeal to you for the pardon of Mr. Cosby. \Ve feel so thoroughly impressed with the belief that he should be released from further punishment is our reason for this, the last appeal we can make to you before the expiration of your term of office.
Mr. Cosby's case is a peculiar one. Although tried and convicted, yet we dare say that there is scarcely an honorable man in Kentucky who would not have done as he did, viz: defend himself when attacked by the traducer of his wife, and even slay him when not in defense.
We will not reason the case, but in view of the fact that he has served nearly one year at hard labor, has cheerfully submitted to all the rules of the Prison, can you not now exercise that clemency which we think he justly merits?
We, his old neighbors and friends, earnestly ask you to pardon him. No worthier act than this could characterize the last days of your splendid administration.
Yours respectfully,
R. H. C. Mitchell, G. S. Caldwell, John L. Baily, J. E. Ryan, H. C. Murray, Charles Burchell, C. W. Watson, John M. Bailey, Jas. H. Rochester, L. R. Wharton, J. H. Webb, B. H. Helm. [12]
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[October 30, 1879] -
(from a list of pardons)
SEPT. 22 [1879] -- A. G. Cosby, Boyle, [convicted in] Sept., 1878; [sentenced to] two years for manslaughter. [Pardoned] On petition of a large number of citizens. [13]
------------------SOURCES--------------------
[1] Excerpt from Column 1. The Kentucky Advocate, Danville, KY. July 14, 1876. Page 3. Newspapers.com.
[2] "Danville." The Courier Journal, Louisville, KY. July 15, 1876. Page 1. Newspapers.com.
[3] Excerpt from Column 2. The Kentucky Advocate, Danville, KY. July 21, 1876. Page 3. Newspapers.com.
[4] Excerpt from Column 3. The Kentucky Advocate, Danville, KY. September 15, 1876. Page 3. Newspapers.com.
[5] Excerpt "Local News." The Interior Journal, Stanford, KY. November 3, 1876. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1876-11-03/ed-1/seq-3/
[6] Excerpt from "Local and Personal." The Kentucky Advocate, Danville, KY. November 3, 1876. Page 3. Newspapers.com.
[7] Excerpt from "Local News." The Interior Journal, Stanford, KY. April 20, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-04-20/ed-1/seq-3/
[8] Excerpt from "Circuit Court." The Interior Journal, Stanford, KY. October 19, 1877. Page 3. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-10-19/ed-1/seq-3/
[9] Excerpt from "Circuit Court Notes." The Interior Journal, Stanford, KY. October 26, 1877. Page 1. LOC. http://chroniclingamerica.loc.gov/lccn/sn84038328/1877-10-26/ed-1/seq-1/
[10] Excerpt from "Our Neighbors." The Kentucky Advocate, Danville, KY. November 2, 1877. Page 2. Newspapers.com.
[11] Excerpt from Column 3. The Interior Journal, Stanford, KY. September 20, 1878. Page 3. LOC.
[12] Excerpt from "Petitions for Pardons." List of pardons granted by Governor Luke P. Blackburn, from September 3, 1879 to March 23, 1881. Kentucky Legislative Documents, Volumes 2 and 3. Pages 45-60. Googlebooks.
[13] Excerpt from "Lenient Luke." The Courier Journal, Stanford, KY. October 30, 1879. Page 1. Newspapers.com.
NOTE: Most 1878 issues of the Danville Kentucky Advocate are unavailable online (as of the time this post was made, February 2020).
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