Petition from the Citizens and Officers of Noxubee County, Mississippi, to Mississippi Governor John M. Stone; July 13, 1878

Documents
Petition from the Citizens and Officers of Noxubee County, Mississippi, to Mississippi Governor John M. Stone; July 13, 1878

Document Network
Document Metadata

Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Adkinson, Andrew Allgood, J. B., 1818-1885 Allgood, Lewis Ames, Adelbert, 1835-1933 Ames, Charles Bingley, 1812-1888 Augustus, Frank Baldwin, Jerry Barnes, Frank Beverly, E. W.Brantly, Warner Bryant, Joe Bryson, Elisiah Bryson, J. B.Clay, John Cole, Haywood Cole, Tom Coleman, Milton Cooper, James Cotton, Anderson Cotton, Jake Cotton, Joe Cotton, Paschal Cotton, Phil Cotton, Smith Cotton, Thomas A.Cowen, Tony Daniel, Allen Daniel, M. E.Densmore, Jessie Dinkes, Wash Dosein, Warren Dunn, Quincy Easely, David Easily, George Easter, Barry Easter, Berry Foote, G.Foote, T.French, W.Goodwin, Wiley Grady, Ellis Hill, Allen Horbin, Thomas Horton, Duck Horton, Pierce Horton, Willis Jackson, Reese J.Jemison, Henry Joby, Billy Johnson, Abe Johnson, Charley Johnson, Frank Johnson, John Johnson, Peter Joiner, Berry Jones, Alfred Jones, Dick Jourdon, Henderson Lassom, Luis Levve, Henry Lewis, Frank Lewis, John Lewis, Richard Longstreet, J. W.Macon, Henry Martin, Andy May, Harry McDavid, Eligah McHenry, E. A. J.McLead, Jack McMorris, W. B.McNeal, Berry Miller, John Murall, Asa Nelson, Andrew McCampbell, 1830-1883 Newell, Asa Nichols, J. H.Orr, Jehu Amaziah, 1828-1921 Peyton, Christopher Pitt, Walker Place, George A.Poindexter, James Pourrage, Robert Reed, Thomas J., 1808-1882 Reed, William Reese, Cato Rhodes, Travis, u.-u.Richardson, Robert Robert, M. R.Roby, Jim Sanders, Amos Sherrod, Ben Sherrod, John Sims, Lewis Spooner, Alan Stewart, Isham, 1810-1893 Stewart, Wesley Stewart, William Stone, John Marshall, 1830-1900 Taylor, Levi Tinson, George Triplet, Stephen Tupper, Mo Unknown, Green Unknown, Matthew Walker, Phil Ware, William Washington, Samuel Wellborn Williams, Hinton Williams, Jack Williams, Overton Williams, Sandy Wilson, Ottawa Wilson, T. J.Young, Andrew Young, Jessie

Events

Convict Labor Convict Labor. Mississippi Convict Labor. Mississippi. Leasing Program Crimes (alleged)Crimes (alleged)--Larceny Crimes (alleged)--Theft Criminal Procedures Criminal Procedures--Charges and Specifications (Civil and Criminal)Criminal Procedures--Convicted Criminal Procedures--Imprisonment Criminal Procedures--Pardon Criminal Procedures--Sentencing

Organizations

Courts & Judicial Systems Courts & Judicial Systems--Circuit Courts Courts & Judicial Systems--Criminal Juries Jails Mississippi--Executive Department Mississippi--Judiciary Mississippi--Judiciary. High Court of Errors and Appeals Mississippi--State Department of Education Mississippi--State Penitentiary (Jackson)United States--Internal Revenue Service

Businesses

Convict Leasing Brokers Convict Leasing Brokers--J. S. Hamilton & Company (Jackson, Miss.)

Occupations

Coroners Education Professionals Judges Law Enforcement Law Enforcement--Sheriffs Lawyers Lawyers--Public Prosecutors Lawyers--Public Prosecutors. District Attorneys Recorders Secretaries Tax Collectors

Places

Mississippi--Hinds County. Jackson Mississippi--Noxubee County. Macon

Social Identifiers

African Americans African Americans--Historically Free and Newly Freed Imprisoned People People with Disabilities

Page 1

Macon miss June 30^rd 1878

To His Excellency Gov J. M. Stone
Jackson Miss

You must pardon me for this tresspassing upon your time & patience—and I only write now, at the earnest solicitations of Frank Barnes, now confined in the penitentiary of the state.

I defended him some three years ago in our circuit court, upon a charge of larceny at the time I thought the evidence insufficient to convict; but the Jury thought different the case was not taken to the supreme court because he could not give a supersedeas bond

The facts as I remember them, on that certain parties (some of whom have been sent to the penitentiary on the same charges,) had stolen some Cotton: and after the theft they employed Frank, to haul the cotton to some

Page 2

and it was sold by him. am [page torn] theft made himself a state r[page torn] that while Frank did not help them [page torn] he hauled the same knowing such to have been the facts

Frank denied the truth of this statement I insisted that he was innocent. & I must say that I thought him innocent of any theft, or of any knowledge of theft. He was free to admit that he hauled the cotton, but as I thought proved by witnesses who heard the contract for hauling, that he was only employed to haul & sell the cotton & knew nothing of the theft.

He has served a long time in the penitentiary & if consistent with your Honors precedents in these matters would most respectfully request that you pardon him.

I have inquired with his character, & while he is a colored man, yet he bears a good name, & character

yours vry Respt

G. Foote

Page 3

OFFICE OF
J. S. HAMOLTON & CO.
LESSEES
MISSISSIPPI PENTENTIARY.

Jackson, Miss July 13'' 187 8

Gov'^r J. M. Stone
Jackson, miss

Dear Sir:

We return the enclossed pardon of convict Frank Barnes from Noxubee County for corrections. The records here shows that said convict was convicted at the April Term 1875 of the Circuit Court of the above County, not 1874 as appears in enclosed par-don.

Very Respectfully

J. S. Hamilton & Co
Lessees &c [seal] R [/seal]

Page 4

[unclear: page covered] Barnes, Noxubee April 21 ^st 1875, 5 years.
[unclear: page covered] by, J. B. Allgood, shff.

E. A. J M^cHenry
T. Foote, Esqr & others.

Reasons Frank Barnes hauled to town 220 ^lbs [luih?] cotton, for one Andrew Young who had stolen it it is believed that Frank had no guilty knowledge of the theft; he was convicted of complicity upon purely circumstantial evidence; he is an old ~~Cold~~ lame colored man, and prior to this charge had been a good character; he has been inprison nearly four years and has conducted himself well. It is believed he has been sufficently punished.

Page 5

Frank Barnes

Page 6

Collector's Office. [gap] District, Mississippi,

Macon Decr 27^th, 187 7.

[note] (to R C Powers) [/note]

My Dear. Gov.

I enclose you petition of Frank Barnes for pardon from peniten-tiary—Many of the names were signed by myself & friends of the request of petitions who could not write but who were acquainted with the facts of the Case—I hope hope it will meet executive clemancy & pardon as the party in question was doubtless guiltless in the transaction

vry Respectfully

A M^cHenry

Page 7

[unclear: page covered]M^c/henry
[unclear: page covered] Internal Revenue, [gap] District, Miss.

[gap], 187 [gap].

In regard to Frank Barnes

[gap]

No. of Enclosures [gap]

Officers of Internal Revenue must fill out the endorsement and brief on the back of each letter to the Department.

Page 8

Macon Miss
Dec^r. 1877.

His Excellency
Gov. J. M. Stone;—

Sir:—

Your petitions would set forth that at the April Term 1874 of the Circuit Court of Noxubee County one Frank Barnes was convicted of Complicity with one Andrew Young in stealing 220 lbs of [liuh?] Cotton and sentenced to five year service in the pententiary:

That the evidence against Frank Barnes was purely circumstan–tial—he having been in company with Andrew Young when the Cotton was car-ried to market being the strongest cir-cumstance against him, That there are reasonable doubts about Frank Barnes were having had anything to do with the stealing or that he had any knowl-edge of it and as he has now served nearly four years in the pententiary af-ter having been over five months in Macon Jail we ask his immediate pardon.

J B Allgood Sheriff
W French D. S
T. J. Reed D. S
W. B. M^cMorris D. S.
Charles B. Ames
Co. Supt. of Pub. Education
Henry Macon Cor & Ranger

E A M^cHenry
Amos Sanders
Frank Lewis
John Lewis
Samuel Washington
M E Daniel

Page 9

J. W. Longstreet Co Registrar
<h3>Nichols, J. H.</h3> " ref="#S32182073">J,,H,, Nichols
<h3>Beverly, E. W.</h3> " ref="#S32182074">E. W. Beverly
<h3>Stewart, Isham, 1810-1893</h3> <p>Isham (or Isom) Stewart was an African American politician in Mississippi during Reconstruction. </p> <p>Born on April 10, 1810, in Virginia, Stewart was likely enslaved in his youth and reportedly received little education. He was relocated to North Carolina and then Mississippi by the 1840s. Stewart was likely freed during the Civil War, and may have served in the Third United States Colored Cavalry Regiment during the latter half of the conflict, which recruited Black men from western Mississippi. </p> <p>After the Civil War, Stewart became active in Republican Party politics in Mississippi. Despite his lack of education, he was well regarded by many in the party and among the state’s African American population for his intelligence and speaking ability. He reportedly told one newspaper reporter that he was a Baptist minister before being encouraged to run for political office. Stewart served for several years in the Mississippi House of Representatives and Mississippi Senate, and was a delegate to the 1868 state constitutional convention. </p> <p>Stewart died on January 15, 1893. He was married to Ginsey Ingall, who was twenty years younger than him. He likely had been married before, while a slave in North Carolina, as census records indicate that he had a child only two years younger than Ginsey. Overall, he had at least nine children. Stewart is buried in United Methodist Cemetery in Macon, Mississippi. </p> <p>(1870 U.S. Census for Macon, Noxubee County, Mississippi; Historical Data Systems, U.S. Civil War Soldier Records and Profiles, 1861-1865, Ancestry.com; Weekly Clarion-Ledger, Jackson, MS, Februsry 28, 1895; Wikipedia; FindaGrave; “Isham Stewart,” Against All Odds: The first Black legislators in Mississippi, Much-ado.net) </p> <p>Isham Stewart belonged to the following social groups: </p> <ul> <li>African Americans</li> <li>Enslaved/Previously Enslaved</li> <li>Men</li> <li>Union Veterans</li> </ul> " ref="#S32078005">Isham Stewart State Sealer
<h3>Place, George A.</h3> " ref="#S32085700">G. A. Place
<h3>Bryson, J. B.</h3> " ref="#S32182075">J. B. Bryson Depty Sheriff
<h3>Stewart, Wesley</h3> " ref="#S32182076">Wesley Stewart
<h3>Jourdon, Henderson</h3> " ref="#S32182077">Henderson Jourdon
<h3>Bryant, Joe</h3> " ref="#S32182078">Joe Bryant
<h3>Bryson, Elisiah</h3> " ref="#S32182079">Elisiah Bryson
<h3>Hill, Allen</h3> " ref="#S32182080">Allen Hill
<h3>Joiner, Berry</h3> " ref="#S32182081">Berry Joiner
<h3>Triplet, Stephen</h3> " ref="#S32182082">Stephen Triplet
<h3>Joby, Billy</h3> " ref="#S32182083">Bill Joby
<h3>Jackson, Reese J.</h3> " ref="#S32182084">Reese J Jackson
<h3>Cotton, Thomas A.</h3> " ref="#S32078007">Thomas A. Cotton
<h3>Williams, Overton</h3> " ref="#S32085708">Overton Williams
<h3>Tinson, George</h3> " ref="#S32182085">George Tinson
<h3>Reese, Cato</h3> " ref="#S32182086">Cato Reese
<h3>Jones, Dick</h3> " ref="#S32088426">Dick Jones
<h3>Ware, William</h3> " ref="#S32006828">W^m Ware
<h3>Lassom, Luis</h3> " ref="#S32182087">Luis Lassom
<h3>Clay, John</h3> " ref="#S32079349">John Clay—
<h3>Richardson, Robert</h3> " ref="#S25010301">Robt Richardson—
<h3>Daniel, Allen</h3> " ref="#S32182088">Allen Daniel—
<h3>Unknown, Matthew</h3> " ref="#S32110344">Matthew ?—
<h3>Cole, Tom</h3> " ref="#S32182089">Tom Cole—
<h3>Cole, Haywood</h3> " ref="#S32182090">Haywood Cole—
<h3>Williams, Jack</h3> " ref="#S32101907">Jack Williams
<h3>Jemison, Henry</h3> " ref="#S32182091">Henry Jemison
<h3>Johnson, John</h3> " ref="#S92739">John Johnson

Lewis Sims
Joe Cotton—
Thomas Horbin—
Austin Wellborn—
Jack M^clead—
Warren Dosein—
Frank Augustus—
Harry May—
Charley Johnson—
Wash—Dinkes—
John Sherrod—
Andrew Adkinson
Jerry Baldwin
Jim Roby—
Christopher Peyton—
Asa—Murall—
James—Cooper—
Quincy Dunn—
Sandy Williams
Ellis Grady—
Ben Sherrod—
Green ?
Anderson Cotton—
Richd Lewis—
M^o Tupper [?]
W^m Stewart
Robt Pourrage—
Abe Johnson—
Peter Johnson—
Henry Levve
George Easily
Barry Easter

Page 10

John Johnson
Wiley Goodwin
Smith Cotton
Lewis Allgood
Duck Horton
T. J. Wilson
Berry M^cNeal
Jessie Young
Phil Walker
Walker Pitt
Hinton Williams
Ottawa Wilson
Levi Taylor
Alfred Jones—
Eligah M^cDavid
M. R. Robert
Asa Newell

David Easely
Berry Easter
Phil Cotton
Jake Cotton
Andy Martin
Milton Coleman
Willis Horton
Pierce Horton
Jessie Densmore
Tony Cowen
Warner Brantly
William Reed
Paschal Cotton
Frank Johnson
Alan Spooner
John Miller
Jas Poindexter

Page 11

Respectfully Returned with Statement that I do not remember the facts of the case sufficientlly well to authorize one to make any recommendation in the premises

J. A. Orr

Page 12

April 21 ^st 1875= 5 yrs

Name, Frank Barnes
No. [gap]

EXECUTIVE OFFICE,
STATE OF MISSISSIPPI.
Noxubee County.

PETITION FOR PARDON.

From Citizens and Officers
Address Macon Miss
Date December 1877
Received ^Dated Filed^ July 13 1878

Crime Larceny
Sentence 5 years in Pententiary
Referred to Judge and District Attorney [gap]
Returned to Ex. O. February 13^th 1878
Indorsement facts not remembered
No recommendation
GrantedJuly 9^th 1878

([gap] Inclosure.)

~~ADELBERT AMES,~~ ^J. M. Stone^
Governor.

~~TRAVIS RHODES,~~ ^A. M. Nelson^
Private Secretary.

No Action
April 20/78

Prison department good June 1/78