Gov J.S. Hogg

Dear Sir: I was dist- atty of prosecuted Deft in above styled cause and by regret of him and his friends I make the following statement. In my opinion his case deserves intervention of you clemency, my reasons are briefly stated as follows-

Deft was Indited in two cases charging him with theft horses- proof on the trial showed that the horses were missed out of the range about the same time (they sun in the same range) states witness proved that two parties on horseback & leading two horses were met by him at night in Houston Co- in a public road leading to what was Known as Boazeman's ferry in the Trinity River. He hailed them & asked who is that & one of them answered "Steve Barrett". The witness knew one of the horses, his suspiciotions were aroused from the fact that the parties were riding very fast & refused to stop & talk, witness gathered together two other men who lived nearby & pursed the parties and overtook them at the Trinity River & there they captured one of the horses, the parties escaped with one horse by swimming the river. They were fired on several times by the pursueing parties but to no effect or so they thought.

Deft lived then in San Saba Co Texas. He was at that time as shown proof in Madison Co just across the river from where the horses were stolen a few miles visiting his Step-Father & brother in law. A day or two after the horses were stolen. He left ther3e & returned to his house, about one year after that one of the horses that was taken was found in san saba County & it was shown by the evidence that Deft had sold the horse to the party then in possession of it, a few months prior to that time Indictments were thenn presented against him & one Harmon Boazeman - who lived then in Houston Co. in the neighborhood of where the horses were taken, who was a notorious theif. He gave Bend, skipped the county & has never been recaptured, The theory of the state was that Deft & Boazmann were the parties who did the stealing & the over met by state's witness & overtaken & shot at. at the River- I have learned since then- the trial- about 2 years ago, that one Jim McIver- who also lived Just across the River in Madison Co. was very sick the next day after the shooting, The fqamily Physician was called in & he was confined to his bed & room about six weeks & no one except the Doctor was allowed to see him. He never told whatever was the matter with his patient till about one year ago. I am informed by a source that I believe to be reliable, that McIver was shot in the thigh or leg- but the Physician refuses now to make any statement on the ground that his professional obligation will not permit.

I will state here, that this man McKiver was a notorious bad character & I tried several times to have him indicted for theft., while he was implicated in several I failed to get him hardley a Grand Jury met but what McIver was inner ligation. The fact of the shooting of McIver came to my Knowledge long after the trial & conviction of Deft. Two points I had to combat on the trial one was to connect Deft with the taking & the other was to show that two offenses had been commited The evidence showed pretty clearly that Deft was bona fide on a visit to see his relatives he was then a young man & did not consider him very bright - I know Boazemann was an old hardened criminal & I have every reason to believe that McIver was too-

J.J. Faulk Ex- Dist Atty

In additon to what Mr Faulk states I will say that on the night of the alleged offense one Dr. Denton came to my house about 12 O Clock at night- with the constable. I was then Justice of the Peace of Madison Co & lived about 5 miles from Boazemann's ferry. Denton told me of meeting the two men & the shooting at the River & also asking the men who they were & the reply of one of them that it- was Steve Barrett. He described the men as being chunky heavy set men- not taller than I am & I told him then he must be misteken at some of the parties being Steve Barrett, because Barrett was a much taler & heavier man than I am, he replied he did not know who it was except by what they said & in information & belief he made complaint before me on Steve Barrett & I think Harmon Boazemann for theft of the horses. My impression now is a few months after that Barrett was arrested on the warrant I issued then- there in Madison Co- The discription he gave of the men that night- suited & I so told Denton that night for Harmon Boazman & Jim McIver both of whom were considered bad men - I have heard but don't know it to be a fact that McIver Father called in Dr. McFall to see his son Jim that night- after the offense & that Jim was sick sometime afterwards, never knew what was the matter. I know all the parties well personally. I was not a witness in the trial of Steve Barrett, Dr. Denton is dead

J.W or M. Gillespies

Application for Pardon

No. 15554

THE STATE OF TEXAS

vs

Steve Barrett

In District Court of Houston County Spring Term 1888

OFFENSE: Horse Theft = 2 cases

TERM OF SENTENCE:

5 & 10 Years Accumalative

RECIEVED AND FILED:

December 10th 1892

For the reasons that his prison conduct has been very good; that subsequent evidence, not known or produced on the trial, shows that it is not probable that he was guilty of horse theft, but was probably guilty of concealing stolen property in one case; and that his release is asked by Hon F.A. Williams, who was district Judge, and Hon. J.J. Faulk, who was district attorney, at the time, and by many other good citizens, a full pardon is granted the within named Steve Barrett, and his rights of citizenship and suffrage are restored.

By direction of the Governor.

Dec 28, 1892

R.B. Levy Priv. Sect'y