Early Governors' Papers

Supreme Court at Knoxville

Judge McKinney is incompetent 1848

although I was strongly inclined to believe he was de-ranged when he did the fatal act,- yet the jury had found that fact against him,- but had saved his life, by finding that there were mitigating circumstances. I thought it best upon the whole view of the case to affirm the judgement, and leave itto the development of subsequent facts of the govern-or's clemency. Had a new trial been granted and another jury of the same mind as to the insanity, - he might have been hung.

The opinion of the defendants wife had great weight on my mind. When in ex-tremes, she was questioned as to whether the act was done by design or by accident She said he did it of purpose, but he was not "right." Unquestionably, she believed he acted under an (alienation?) of mind, - & having observed

Knoxville Tne 25th Sept 1848

Dear Sir,

Additional causes in this trial of which Judge McKinny is incompetent to preside, having come up since the Certificate heretofore made, _ we now certify them.

The act of 1835 Ch. 68 sec. 1 (Car. & mich. 238-9) render it necessary to make an additional appointments for these cases,_ but they fall within the Commission heretofore given to Judge Reese.

Your Obt. Servt

M. Givens

Governor Brown Nashville Ten

The Hon. Robert J.M. Kinney, on of the Judges of the Supreme Court is incompetent to preside on the trial of the following causes pending in said Court now in Session at Knoxville.

In Greens Ess In error vs by Josh. Royston

Thompson Stewart. Adm vs Soami Waddle et al And Joseph G. Smith vs Soami Waddle et al

John Kincaid vs Isaac Vanbibber

John Capps Lessee vs Boyer Bullard

Kincaid & McNew, Exss Plaintiffs in error vs David L. Rogers

Wm McBee, In error vs Wm Burchfield

Dav.l Huffs Lessee vs Lake & Wallen

Jas J Sawyers. Adm vs John Chiles; Exr et al

Saml B Cunningham vs Abram McClelland

John Elsea vs Wm B. Childress et al

Rhea & Anderson vs Saml. Jones et al

Wm Faubion, Adm In error vs Huff & Carter, Admi.

John Archer vs Reuben Craig

William Rutledge vs John Mayse

John Lamdeu vs Peter Sharp & B.o

John Lamdeu vs Sharp & Hurst

Jos. Bates, In error vs Dyers. Lessee

David Evans vs Allen Hurst et al

jacob Goodwin Guradn vs Jacob Peck

Jos. H. Gist et al vs Wm Kincaid et al

Thomas Jones vs A. Buchanan et al

Craven & Walker vs John Kincaid

Wm Kincaid, Guardian vs Jno Kincaid, Admin et al

William Bottoms vs Jarnagin & Chilton

John Baker vs James Park. Adm. And James Park. Adm. vs John Baker Bill & Cross Bill

William Brown vs Thos A & Sr Brown E(?)

D.P. Armstrong Admst vs Wm Parks Heins

Whites Heins vs Thompson Gardenhire

A. B. Hansard vs Jacob Sharp

Thomas Whitesides vs John Lafferty

Henry Counts vs Daniel Doe

Alice Walker, et al vs William Rogers

Smith & Huff vs South West; R. Road Bank

Philip Esenhour vs William C. Roadman

Joseph L. Churm vs Joseph Hamilton

The Union Bank vs C.M.M. Clung Electors Campbell Wallace

Union Bank vs Cm. M Clung Ec& C. Wallace

John E. Wheeler vs James Smith

His Excellency N.S. Brown Governor Nashville Tennessee

Natchez Oct 19 1848

His Excellency Neil S. Brown

Sir

Intending to remove to New Orleans the last of this month I would respectfully resign the commission I hold as Commissioner of deeds &c. of Tennessee in and for the state of Mississippi and solicit the same appointment in and for the State of Louisiana referenced is made to J. W. Bass Esqr

Permit and to recommend to you Hallaus Eldugo, Esq a member of the bar of this place as and in every way (?) the appointment of (?) for the State of Mississippi.

I [have?] the honor to be Very Respecfully Your Obt Servt (Ja:?): B. Haggin Address at New Orleans

Louisana & Mississippi

I James Scott hereby certify that from sickness and physical inability I am unable to attend and hold the Courts which are shortly to Commence in the 14th Jucicial Circuit of which I am Judge. James Scott

Savannah, August 28th 1848

Savannah August 29th 1848

Gov. Brown,

Judge Scott is in very bad health and will not be able to hold his courts which commence at Linden in Perry county on the 3rd Monday in September at Savannah on the 4th Monday in September, at Waynesboro the 1st Monday in October and at Lawrenceburgh on the 2nd Monday in October. In a conversation with him on yesterday he thought it would not be advisable to appoint any one to hold his courts who lives in the circuti or practices in it. Walker of Hickman Bullock of Jackson & Allen of Hunting =don, he named as practising in the circuit and for that reason that it would not be advisable for either of them to be appointed.

The Judge & myslef are of the opinion that some lawyer from teh middle part of the State who does not practice in the circuit had better be appointed. We spoke of Baxter of your place, but the negro Nelson for when you once appeared and on the past of whose prosecution Baxter appeared had not yet been tried and consequently Baxter could not set on his trial.

The Judge could think of no one to recommend but with the above exceptions leaves the appointmen with you.

Please inform me at this place as soon as you make the appointment.

I have forewarded my deposition to Pulaski in the case of Marsh vs. my father- I also wrote to you and Mr. Richardson at Pulaski on the subject. Yours Truly

A. M. Hardin