Duplin County, NC - Court Records File contributed for use in USGenWeb Archives by Grace Williamson Turner Transcribed and posted by Sloan Spence Mason Source: Governor's Papers, John M. Morehead Governor, Governors Papers 99, October-December 1841. PETITION OF ABRAM KORNEGAY OF DUPLIN CO., N.C. Transcribed by Sloan Mason Petition of Abram KORNEGAY of Duplin Co., N.C.-9 Dec. 1841 To His Excellency John M. MOREHEAD, Gov'r. The petition of the undersigned citizens of the County of Duplin, humbly complaining, sheweth unto your Excellency that at the Fall Term of the Superior Court last for this County, Abram KORNEGAY was tried & found guilty of an assault & battery upon Lewis OUTLAW, the jury finding upon the evidence of the Prosecutor only; and that upon the said finding, the Court sentenced the Defendant to an imprisonment for six months, about half of which time has expired. Your Petitioners represents that Abram KORNEGAY has been addicted to intemperance, and when intoxicated is a man of some violence, but where there is now every appearance of reformation on this subject, and his behavior mild and peaceable as it always has been when sober. Your Petitioners further represents that the assault was committed under high party excitement; at a political meeting where this Defendant & Prosecutor were in attendance and differing on the subject of Candidates ---, they both indulged freely with intoxicating liquors till they became drunk, when in a fight between the parties the Defendant used his knife. Your Petitioners further represents that KORNEGAY is a man of very respectable parentage, and (except his intemperance) has sustained a good character through life; he has a large family of children, who are dependant for support upon the exertions of this Defendant, and that his wife at the present moment really needs his attentions and services at home. In consideration of all the premises, your Petitioners pray your Excellency to interpose in behalf of this unfortunate prisoner, and grant him a pardon for the remainder of the imprisonment that he may return to his Family a reformed man when and where he may afford them that protection & attention that a fond parent is wont to administer. Your Petitioners further represent, that they are conscious they represent the voice of the County in making this appeal, and again pray your Excellency for your Clemency in this behalf, and as in duty bound will ever pray. 9th Dec'r. 1841 ? H. BOURDEN D. C. MOORE James CARRELL A. G. STANFORD H. SULLIVAN R.L. STANLY Jesse BATTS Wm. MINGESAS? W. MINGAS John A. KORNEGAY Jms? KORNEGAY D. MCINTIRE Sam'l. HOUSTON Edward MAZINGO Charles M. OGLESBY Wm. SMITH Wm. H. STETSON Thos. J. HOLLAND Wm. FARRIOR, C.S.C. Wm. D. PEARSALL, C.M.C.? Nicholas HALL Edw'd. ARMSTRONG Joseph M. MCGOWAN J.? PEARSALL John OLIVER Alsa SOUTHERLAND C. J. HUNTER G. W. JOHNSTON David S. HURST James C. WILLIAMS Alexander CHAMBERS Joseph T. RHODES John F. RHODES Wilson BOURDEN John A. BISHOP David CHURCHWELL J. MAXWELL W.H. HANSLEY David SOUTHERLAND Th. J. KINNREAR D.?. WILLIAMS H. SULLIVAN J.G. MIDDLETON Jacob TTURER Petition for Abram KORNEGAY of the county of Duplin Prayer and Granted His Exclsy. John M. MOREHEAD, Esqr., Raleigh, N.C. Duplin Co., N.C.-29th Nov. 1841 His Excellency John M. MOREHEAD, Esqr. Dear Sir, AT the request of an unfortunate Suffer, I take the liberty to address you in his behalf-At the last term of our Superior court Abram KORNEGAY of this County was tried on an Indictment and found guilty of an assault upon Lewis OUTLAW, Jun'r. And the evidence of the prosecutor (he being the only witness) proved the assault of such a violent character that the Judge presiding sentenced him to an imprisonment for six months. I was in Court during the trial and agree that the Court (from the evidence) was altogether consistent; but considering all the circumstances connected with the transaction, there is something of a mitigating character which I beg leave to call to the attention of your Excellency. First, the Prisoner is the Son of one of our most respectable Citizens, and (except when wrought upon by Spirituous liquors, as he sometimes unfortunately is) he himself is a peaceable good citizen. Second, he is a very poor man with a large family of children dependent upon his labor for their support, and his wife now in a delicate situation requiring his attentions at home. Third, the assault was provoked by the Prosecutor at a politics meeting of the Whigs in May 1840. At this time the Whigs of the county had a public meeting at the County seat, and Sunday resolutions introduced and adopted for the advancement of their cause; the Defendant being one of the body showed some considerable gratification at the prospects, and soon after the meeting adjourned was insulted by the Prosecutor (he being a Loco Foco) when a fight ensued & the Prosecutor bit the Prisoner on one of his Fingers & in jerking his finger from the mouth of the Prosecutor, drew one of his teeth also; for which Prosecutor was heard to say he would have satisfaction. It is believed by many that the Prosecutor pursued the Prisoner for this Satisfaction, & the prisoner used his knife in self defense. I don't pretend that the Prosecutor would perjure himself willingly, but I was present at the meeting where the fight first commenced, and left about an hour before the cut was given; & when I left he Prosecutor was quite drunk; I understand from respectable Gentlemen that he continued to drink till he left the Village and if so, he was not by any means a Competent witness. The Prisoner is a man of intemperate habits (till since his confinement) and when drinking is rather violent, but when sober very peaceable. He regrets his former course, I think really, & so much is he resolved on reformation that he has besought me to write to your Excellency asking a pardon from the imprisonment so long as he refrains from drink. I take the liberty to say Sir, if he could be reformed by your interference much would be done for his family and I think the purposes of justice answered to the full. The history I have given of the Prisoner is of my own knowledge, he having lived near me all his life. From the whole of the circumstances mentioned if your Excellency will remit the remainder of the imprisonment, I take the responsibility of saying that you would meet the wishes of a large portion of the respectable citizens of the County. I hope I will not be considered presumptuous in making this appeal, I do it from a firm conviction that your clemency in behalf of KORNEGAY will be productive of good; remember he is very willing to be pardoned on the condition he refrains from drink; and if he indulges again to be remanded to prison immediately; & remain the balance of the time. Should you think with me in this matter, please enclose your communication to Isaac B. KELLY, Esqr., Postmaster at Kenansville, N.C. I have the honor to be your Obedient Servant, Jere PEARSALL N.B. At the request of several Gentlemen, I have penned an imperfect petition, which will be signed, & accompany this. J. P. 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