McMinn_Letter_209_48903

To His Excellency Joseph M^c Minn Gov^r of the State of Tennessee ~

Your Petitioners hereto subscribed humbly represent to your Excellency, that, at the last Circuit Court, began and holden at Murfreesboro', in & for the County of Rutherford, on the second Monday of Sep-tember last, James Jervis Maxwell of David-son County, was arraigned at the bar of the Circuit Court of said County of Davidson, on an indictment found against the said Maxwell, at the May session of said Circuit Court, as therein alledged, for the murder of Caleb Hewitt late sheriff for the said County of Davidson; & the said J.J. Maxwell being per=suaded that an impartial & unprejudiced verdict, could not be obtained in the said County of Davidson, on affadavit, procured a change of venue to the County of Rutherford; Whereupon at the session of the Circuit Court for Rutherford County in the month of September last, on trial on said Indictment, the Jury after long deliberaton, whether they should acquit the said James J. Maxwell, or convict him in the first degree, eventually returned a

verdict of "not guilty of murder in the first degree but guilty of Manslaughter". The Court thereby pronounced judgement, that said Maxwell be branded on the ball of the left hand, and suffer six months close imprisonment - And now your petitioners humbly ask the interference of your Excellency, in whom is vested by the Constitiution of the State, "the power & authority to grant reprieve & pardons after conviction", & that you will extend your mercy to the above named James J. Maxwell - The said Maxwell has now been confined in the prison at Nashville ever since the 15^th day of September 1816, a duration of time uncommon previous to trial, & contrary to all precident in like cases, during all that time, was inhumanely chained in his dungeon to the floor, not having a greater length of chain than eight inches from the main staple whereby, together with the smallness of the irons round his ancles [sic], he has lost totally the use of his right foot, & materially injured his left foot. - Such has been the effect of his confine ment, & treatment, while thus confined, that his health, which has been for one or two years indifferent, is now much impaired - The effect

produced on his health did not arise only from the extraordinary close confinement in heavy chains; but also from the frequent deprivation of one or two days at a time of water & food, & during the winter the deprivation of fire and cloatihing [sic] - The object of punishment is not simply to produce an effect on the criminal & deter him from future crimes, but it is calculated as an example to the rest of mankind inducing them to avoid similar crimes - It is presumed that the legislature, when they enacted the law relative to manslaughter did not calculate, that a man previous to his trial & consequently before he was proved criminal, should suffer double the punishment which the law commanded & afterwards that it should be troubled by the operation of the law - James J. Maxwell has severly suffered for his imprudence & indiscretion, for it was an act committed on the sudden impetus of passion - It is true not wholly excusable, but partially so - Under these impressions & being well satisfied that he has severely suffered & that he has been truly penitent for the past, we your petitioners respectufully solicit the extension

of your prerogative in this instance to the liberation of the said Maxwell from further imprisonment.

James M. King

Names of Jurors

1- Isaiah [Kershaw?] Jurors 2 Abraham [Prim?] Jurors 3 Solomon Beasley Ju^ry 4 Hugh Robinson Juror 5: Burton L. [M^c Ferrin? Ferrick?] 6 Thomas Thorn Jurors 7 Sam.^l Bowman Juror 8 [illegible] Bowman Juror 9 Daniel Bowman Juror 10 Peter Williams Juror 11 Peter Vaughan Juror 12 James Heston 13 [illegible] R [illegible] [Boorman Winsett?] Ranford Crawford John Covington Ezekiel Murphey Robert Smith Jr.

[Ow?] Edwards William Cain John G [?] Tho.^s G. Watkins O. W. Crockett [Woodson Way?] John Fulton Thomas Beckwith Nathaniel Evans John Witherspoon [illegible] G. W. [?] John Harrison J. W Fletcher Alexander McKay James [MC Collision?]

[John?] G. Butler Nathan Woosley Mordicai [Giland?] Nimrod [Jenkins?] - J ^r Hill Richard L Fleming Henry Wilson Saml Rankin James [Taland?] John [Hagred?] [Teke?] Day Needham Thornton Ja^s Sharpe John [illegible] John Patison David Rutledge [Albon?] Lawrey - Joseph Young Allen Powell Thomas [Hampton?]

B. Coleman Archd G Braswell John G Caruthers Enoch [Heeds?] - Joseph A. Farmer [illegible] John Thompson Willie Beckham [Robt?] Blair George Blair John [B Laurhn?] [illegible] [illegible] William Thomas Nath^l Peay Robert Dickson [Matt Cari?] Charles Dement Henry Hatcher Thomas [Ca?] Barezilla [Murphy?] Henry Tyrone Gideon [Ganatt?]