Early Governors' Papers

State of Tennessee

At a Circuit Court began and holden for the County of Rutherford, at the Court-house in Murfreesborough on the 27th of August 1827.

State of Tennessee vs. Albert F. Keeble

Indictment for Murder -

This day came the said defendant in proper person and the state by the Attorney General of the ninth solicitorial District, and by consent the appeal taken in this case is set aside and held for nothing, Whereupon it is ordered by the Court that the said Albert F. Keeble on monday next in presence of the court here, be branded in the brawn of the left hand with the letter M. And that he be imprisoned nine callender months in the jail of said County of Rutherford from this day, agreeably to the judgment of this Court rendered at the last term; and that the Sheriff of said county be charged with the execution of this sentence.

A True Copy,

[J?] Wm Ledbetter clk

Order of Rutherford circuit court in Keeble case

Pardoned as to branding

1^t Sepr 1827

To his Excellency Samuel Houston Governor of the State of Tennessee

We the undersigned members of the General Assembly of the state of Tennessee now in session, respectfully represent to your excellency. We have been informed that some time in December 1826, an unhappy rencounter took place between Albert F Keeble and his brother in law Peyton Randolph in the town of Jefferson Rutherford county, in which, the latter unfortunately was killed

Albert F Keeble was prosecuted and convicted of Manslaughter, at the February term 1827 of Rutherford circuit court; and sentenced to be branded and imprisoned nine months.

We the undersigned have been informed, that your predecessor, has remitted so much of the sentence as required him to be branded: but in pursuance to the other part of the sentence, he has been imprisoned in the jail of Rutherford county, since the 27th of August last

The undersigned would further represent, that from the history of the case as detailed to them, by information upon which they can rely, connected with the [page damaged] quiet, and peaceable character of the said Keeble: there are many considerations, in the view of the undersigned, which entitle him to executive clemency

The rencounter took place in the dusk of the evening, in the absence of every person who could be examined as a witness. It therefore must be doubtful to say the least, whether Keeble

was not urged in his own defence to take the life of [Peyton Randolph|Randolph]]. But a minute detail of the facts we are assured, go strongly to show that Keeble had reasonable ground to believe, the killing of Randolph at the time, was a necessary act of self defence. If so, he ought not to suffer punishment. Doubt in such cases, from the humanity of the law, being equivalest to acquital

The undersigned would also represent, the costs already incurred, from the trial and conviction of Keeble are very great, and a longer confinement in jail will increase these costs.

That Keeble has a wife and two children dependent upon his exertions for a support. And his imprisonment the nine months, will deprive a wife and two children, upon whom no blame can be attached whatever, of the support and protection of a Husband and Father. Imprisonment when it is a punishment alone to the guilty ought in many instances to be inflicted: but when those who are not only innocent, but helpless also, and whose situation excites feelings of sympathy of the humane and benevolent, must suffer equally, if not greater than the guilty by imp= =risonmnent: we deem it a punishment of very doubtful policy, and perhaps ought never to be inflicted, unless upon very incorrigible offenders, whose liberty might endanger the peace and happiness of society.

Actuated with those [?], as well as from the consideration, that Keeble has been highly recom= =mended by his neighbours and acquaintances to your immediate predecessor, as a young man of good charater and standing, of peaceable and quiet department, to which we refer your excellency. We also unite with those in requesting your excellency to exercise

your constitutional power, in pardoning the Said Albert F. Keeble from any further imprison =ment under said sentence -

W. Hall Will Lytle Adam Huntsman Thos. F. Bradford Nathan Green John Williams F. A. Howard James R McMeans H Frey Jno. H. Camp Elijah Boddin James Campbell Charles Watkins Wm Lindsay Ephraim W. [Hoosted?] James Gillespey Jn. H. Rogers Richd Cheatham D. McIver John Hope William Locke W. P. White Peter Kendall Isaac Allen John A. Aiken John Mclaughey Abrm McClellan J. T Arlen