Requisition from Georgia Governor James M. Smith to Mississippi Governor John M. Stone; August 22, 1876

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ADELBERT AMES J. M. Stone Governor of the State of Mississippi,

To the Sheriff of [Space] County, Or to the Sheriff of any other County -- GREETING:

Whereas, His Excellency the Governor of the State of Georgia has made known to me that Holy K. Groughf, stands charged with having committed the crime of murder (as set forth in the annexed copy of an affidavit, Indictment, which is hereby certified to be authentic,) in the County of Worth, in said State, on the 20th day of November 1862;

AND, WHEREAS, It appears that said Holy K. Goughf has fled from justice, and is to be found in the State of Mississippi, where he has taken refuge;

AND WHEREAS, the Governor aforesaid, has demanded of me the arrest and delivery of said Holy K. Goughf to A. B. Kence, whom he has appointed agent to receive and convey said Hoby K. Goughf to the jurisdictional limits within which he stands charged.

Now, Therefore, I, ADELBERT AMES, J. M. Stone, Governor of the State of Mississippi, do, by virtue of the power vested in me by the Consitution and Laws of this State, direct and require you to arrest the said Hoby K. Goughf, and deliver him to the custody of the said A. B. Kence, the agent appointed by the Governor of Georgia, to the end that he may be conveyed to the jurisdictional limits where he stands charged.

IN TESTIMONY WHEREOF, Witness my hand and signature, and the Great Seal of the State of Mississippi hereunto affixed, this 19th day of September 1876.

J M Stone By the Governor:

James Hill SECRETARY 0F STATE,

[State Seal]

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EXECUTIVE OFFICE, STATE OF MISSISSIPPI, [Space] County.

From Address Dated Sep't 18th, 1875. Received Answered

SUBJECT

Writ for Arrest of Hoby K. Gaughf, charged in Worth County, Georgia, with Murder.

(Inclosures)

J. M. STONE, Governor.

KINLOCH FALCONER, Private Secretary.

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ADELBERT AMES J. M. Stone Governor of the State of Mississippi,

To the Sheriff of [Space] County, Or to the Sheriff of any other County -- GREETING:

Whereas, His Excellency the Governor of the State of Georgia has made known to me that Hoby K. Goughf stands charged with having committed the crime of Murder (as set forth in the annexed copy of an affidavit, indictment which is hereby certified to be authentic,) in the County of Worth, in said State, on the 20th day of November, 1862;

AND, WHEREAS, It appears that said Hoby K. Goughf has fled from justice, and is to be found in the State of Mississippi, where he has taken refuge;

AND WHEREAS, the Governor aforesaid, has demanded of me the arrest and delivery of said Hoby K. Goughf to A. B. Kence whom he has appointed agent to receive and convey said Hoby K. Goughf, to the jurisdictional limits within which he stands charged.

Now, Therefore, I, ADELBERT AMES, J. M. Stone, Governor of the State of Mississippi, do, by virtue of the power vested in me by the Consitution and Laws of this State, direct and require you to arrest the said Hoby K. Goughf, and deliver him to the custody of the said A. B. Kence, the agent appointed by the Governor of Georgia, to the end that he may be conveyed to the jurisdictional limits where he stands charged.

IN TESTIMONY WHEREOF, Witness my hand and signature, and the Great Seal of the State of Mississippi hereunto affixed, this 18th day of September 1876.

J M Stone By the Governor:

James Hill SECRETARY OF STATE,

[State Seal]

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[Seal] [Seal with blue ribbon]

In the name, and by the Authority of [Seal over word]

STATE OF GEORGIA, JAMES M. SMITH, Governor of Georgia.

[Seal]

To His Excellency, the Governor of the State of Mississippi

Whereas, it appears, by the annexed papers, duly authenticated according to the laws of this State, that Hoby K. Goughf stands charged by the Grand Jury of Worth County State of Georgia, with the offense of "Murder"; and it has been represented to me that he has fled from the justice of this State, and has taken refuge within the State of Mississippi.

Now, therefore, Pursuant to the Provisions of the Constitution and Laws of the United State, in such cases made and provided, I do hereby request that the said Hoby K. Goughf be delivered to A. B. Kence, who is duly authorized to receive and convey him to the State of Georgia, to be dealt with according to Law.

[Seal] Given under my hand and the Seal of the Executive Department, at the Capitol, in the City of Atlanta, the twenty=Second day of August, in the year of Lord One Thousand Eight Hundred and Seventy = Six and of the Independence of the United States of America the One Hundred and first

James M Smith Governor.

J W Warren Secretary Executive Department.

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Published by J. W. BURKE & CO., Stationers, Printers and Binders, Macon, Ga.

GEORGIA, Worth COUNTY.

The Grand Jurors, sworn Selected chosen and selected Sworn for the county of Worth, to-wit:

1. Henry R Joiner [Space] Foreman. 2. Royal R Jenkins 3. Charles K Chestnut 4. James T Hancock 5. Thomas J Harris 6. Williams G Hunt 7. D?aal Howard 8. John W Fowler 9. Thomas J. Young 10. William Whiddon 11. Benjamin Willis 12. Wilson S. Willis 13. George Houston 14. David Champion 15. David Rielley 16. Benjamine F. Mitchell 17. William D Gillis 18. Warren Sh???? 19. John J Bunch 20. Theophelus Wilson 21. 22. 23.

in the name and behalf of the citizens of Georgia, charge and accuse Lewis G Simmons Hoby K. Goughf James H C Holiman - William WsiJoseph Land - William Rogers - Rese Stephens - Daniel Bailey and -- Crawford whose given name is unknown to the Jurors aforesaid but behieve to be Benjamine, of the County and State aforesaid, with the offence of Murder

For that the said Lewis G Gimmons - Hoby K Goughf - James H C Holiman - William Whiddon - James Giddens - Benjamine Brown Asa M. Giddens Joseph Land - William Rogers - Rese Stehens, Daniel Bailey- Crawford whose given name is unknown to [Space] on the Twentieth day of November in the year Eighteen Hundred and Sixty Five Two in the County aforesaid, did then and there, unlawfully, and with force and arms in and upon one John Pierce in the name Peace of Govt and Said State then and there being unlawfully feloniously - Wilfully and of their Malice aforethought did Make and assault. And the Said defendants With a cerain Knive or other Sharp Instrument of the Value of fifty cents - Which Said Defendants then and there had & held With and without the Commonpurpose and intent of taking the life of the Said John Kerse & with and without having assembled for such common purpose and intent to kill and Murder said John Kerse - the said John Kerse in and upon the neck of him the Said John Kerse and upon the throat of him the said John Kerse then and there - unlawfully - felonious by Wilfully and of their Malice aforethought did Strike Cut and thrust giving to the Said John Kerse and there and with Said Knife or other Sharp instrument in upon the neck and in and upon the throat of him the Said John Kerse One Mortal Wound of the Breadth of three inches and of the depth of two inches of which Said mortal Wound the Said John Kerse on the day and year aforesaid in the County aforesaid died - And So say the Jurors aforesaid upon their oaths aforesaid do Day -- that the Said Lewis G Simmons Koby K Goughf - James H C Holiman - William Whidden - Asa M Giddens - James Giddens -Benjamine Brown Joseph Land - William Rogers Rese Stephens - Daniel Baileyand --- Crawford whose name is unknown to the Jurors aforesiad but supposed to be Benjamine - him the Said John Kerse did murder and [Illegible] aforesaid unlawfully - feloniously Wilfully and of their Malice aforethought did kill and Murder contarry to the laws of said State, the good order, peace and dignity thereof.

Worth Superior Court, October Term, 1867

N A Smith Solicitor General. S. W. C.

Sarah Kerse Prosecutor.

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