Early Governors' Papers

To his Excellency the Governor of the State of Tennessee

We your petitioners represent to your Excellency that at a late term of the Circuit Court of Davidson County, James H Hindman was found guilty of manslaughter for the killing of William L Simmons, (a Soldier) in the town of Nashville, and that he has been branded in the hand and is also sentencd to imprisonment for the term of six months from the 31^st day of May. We hereby request of your Excellency that the said James H Hindman may be pardond from the imprisonment- To which he is sentenc'd - we are inducd to solicit this pardon for the following reasons- The defd^t kill'd the dec^d at a time when he was making a violent attack upon him with a loaded whip, and that the mortal Blow was not given untill he had retreated a Considerable distance, and had repeatedly - warnd the dec^d to desist, and had repeatedly calld upon the byestanders to take away the dec^d and not untill he had rec^d repeated blows upon diferent parts of his body- and altho from the verdict of the Jury, he was not excusable altogether, as the[y] believe there was no absolute necessaty to kill him to save the life of the defd^t- yet we think as he has sufferd the penalty for manslaughter- the case is such a one that it would be too rigorous to attach additional inprisonment of six months: we further represent that it was with reluctance some of the Jurors -

Jas H Hindman

1818

Nashville June 1^st - 1817

His Excellency, Joseph. M^cMinn Esqr

Dr Sir, James H. Hindeman was yesterday convicted of manslaughter, and branded, and sentenced to six months imprisonment. I suspect that attempts will be made to procure a remission of the latter part of his pu nishment. If they should be, I should be glad to be informed thereof, before you exercise your pow -er of pardoning in this case. I would take the liberty of refering you to Judge Williams who tried him, for information respecting the character of his offence. If advised by you that you have this matter under consideration, I will furnish you with such vouchers of his guilt and of his general licentiousness, as cannot but satis -fy you that he ought to abide the judgment that has been passed upon him. yrs respectfully

Tho.^s Washington Jr.

The following is a true statement of the facts which transpired in evidence against James H. Hindeman, lately tried in Davidson circuit court, for the murder of William L. Simmons. -

The defendant and the deceased met at a house of ill fame, some time previous to the fatal encounter, where they had a fight. The evidence was contradictory as to the commencement of the fight; some of the witnesses alledging that the defendant struck first, others that the deceased did. The deceased was most unmercifully beaten. In the course of the fight, the defen -dant was joined by two others, who appeared to be of the defendant's party. Though before the conclusion of the fight, the defendant endeavoured to prevent these two others from further beating the deceased.-

The deceased was very ill, and was confined at his lodgings for several days, from the abuse he recivd b[sic] in the fight. He was a soldier in the U. States army, and the other soldiers stationed in town, hearing of the treatment of the deceased at the aforesaid house of ill fame, resolved that he should have satisfaction. In consequence of that resolution, several parties of them armed themselves on different nights, and went in pursuit of the defendant. The deceased was in company with them on two of the nights. In their searches for the defendant, they used

Nashville June 7^th 1817

Sir

If it can be consistant [sic] with the public good I should feel pleased that you would extend mercy to Mr. Hind man in whose favor a petition will be presented - That his life has been marked with many follies is con cluded by all his friends- and that im prudences [illegible] to the fatal [scenes?] for which he was condemmed is not to be doubt ed but was thought to be pretty evident from the testimony and with as the verdict of the Jury that the [crime?] was not commit ted with malice purpose - For the act of manslaughter he has been punished & I presume the reformation of the culprit is the [leading design?] of the confinement If this should be thought the [illegible]