Augusta: Robert L. Doyle to John Letcher, June 18,
1860
Summary:
Doyle writes to Gov. Latcher supporting the petition by a number of Augusta Co.
citizens to free convicted criminal James McMullen. He suggests that the witness
who testified against McMullen is not trustworthy and also mentions an
African-American accomplice.
HonorableJohn Letcher
Governor of Virginia
Richmond
18th June 1860
Staunton
Dear Sir
This will be handed to you by Mrs McMullen the wife of James McMullen who was sentenced
at the present term of our Circuit Court to Three years confinement in the
Penitentiary - The petition which she will lay before you sets forth, so far as
mere writing can; her strong claims upon the executive clemency The witness
against McMullen was one William
Painter, one of the gang who for many years have infested the South bottom in
Rockbridge, he has not been long enough a resident of this section to have
acquired a general character - His testimony was very remarkable to say the least of it. He said he was
sleeping in the same room with two other persons, one of them in the same bed
with him all men [unclear: grown] & [unclear: stout]
there were other men sleeping in the same house all in the employment of the man
of the house - That after 12 o'clock at night he went out in his night
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clothes to see about the horses of which he had the care, upon going out of
the house he saw a free negro man whom he knew very well coming out of the smokehouse, with a piece of bacon in his hand -
that he stood still & presently the negro returned & went again
into the smokehouse & carried off another
piece of bacon that he then saw the negro & McMullen come out from behind the smokehouse
with each of them a bag of bacon upon their backs - during all of this time the
witness said he stood perfectly still & did not make any noise [deleted: Th] he then returned to his bed and said nothing to any of
his fellow lodgers - the next morning his employer missed his bacon - but now
Painter remained as dumb as an oyster upon the subject of his midnight discovery
- & never said anything about it for eight
days although his employer was making every effort to discover the thief.
McMullen I have known for several years - & he has always borne the
character of an honest man of steady habits & very industrious
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His family are poor but of proverbial honesty in Bath County - You no doubt
remember McMullen as the driver of the stage from
Lexington to Goschen for several years & know something of his character - Knowing him as well as I do - I cannot believe him Guilty of the charge preferred
against him by Painter - I hope and [unclear: trust] you may grant the
prayer of his poor wife, and believe that the act will not in any degree weaken
other sanctions of our criminal code
Truly Yours
Robert L Doyle
