To His Excellency John M. MOREHEAD, Governor of the State of North Carolina.

Your memoralists citizens of the Counties of Duplin and Onslow respectfully represent 
to your Excellency, that at the Term of the Superior Court of Law held for the County 
of Duplin on the fourth Monday in March last past, John FOUNTAIN with ten other persons 
were charged by indictment for a Riot committee in the County of Duplin, and upon the 
submission of all the Defendants they were sentenced to imprisonment in the Jail of that 
County for the term of six months. Your memorialists show to your Excellency that said 
Defendants were committed to the Jail, on conformation with the Judgment of the Court 
and remained in Custody until about the 24th of the past month, when all the other 
prisoners except the said John FOUNTAIN made their escape-that the said John FOUNTAIN 
refused to do so, although the Jail was open and he was entirely at liberty to have 
escaped with his fellow prisoners. Your memorialists further represent to you Excellency 
that from the facts of the case as developed on the trial it appeared that the said John 
FOUNTAIN was less criminal than any of his co-defendants, that he was not present, nor 
did he in any manner take part in the --- act which constituted the riot, and that it 
tackmisally? Quietly it resulted subtly from the fact that he came to the place where 
the riot occurred in company with his co defendants-Your memorialist represent further 
to your Excellency that the said John FOUNTAIN is a very aged man (being now between 
seventy and eighty years of age) that he has ever sustained a most exemplary character 
both as a citizen and a Christian.

Your Memorialist therefore represent to your Excellency that from the peculiar 
circumstances of the case they consider that it furnished a proper case for the 
exercises of the pardoning power so wisely by our Constitution rested? In your 
Excellency; and believing that your Excellency will agree with your memorialists in 
their view of the case, they pray that your Excellency will pardon the said John 
FOUNTAIN for the offence under consideration for which he has been sentenced to 
imprisonment for so long a term, and it so likely a period of the year and your 
memorialists as in duty bound will ---- pray.

W. A. WRIGHT of Wilmington
Jos. WRIGHT of Wilmington
W. P.? HERRAND?
J. WHITTE, J.P.
Dan S. SANDERS, J.P.
E. M. SANDERS, J.P.
Jasper ETHERIDGE, C.C.C.
Bryan J.? KOONCE, C.S. C.
David MARSHELL
Isom? HARROLD?
H.? BARRY
Jas. H. MUMFORD
George SHEPARD
B. J. POLLARD
Jarrott GORNTO
Shaderick JEWEL
Whitehurst MASON
Jas. GRANT
Abram YOUNG
B. W. LINQUIST
John G. ROCHELLE
John L. ENNETT
H. L. KING
Josiah HENDERSON
William R. HARPER
Piraham? PACKET?, minister of the gospel
Samuel HOLT, minister of the gospel
William RITCH
Basel H. HUMPHREY
Wm. H. KING
Owen W. HILL
John FISHER
Louis GEORGE
David K. CANADY
James H. SCOTT
Bengy? WILLIAMS
Robert BRUCE
Dexter BURNS
H. GURGANUS
Moses JARMAN
Danl. EADINS
Elijah MURRILL
J. FRANCK
B. M. BARRY
Wm. ERINETT?, Esqr.
Thos. C. CRAFT
John WALTON, Sr.
Edward HAMMOND
George JINKINS
Hennary LITTLETAN
Emmett H. B. W. MASON
Elijah BALL
Esson THOMPSON
Aaron DAVIS
W. D. HUMPHREY
William KING
John BRYAN
John F. DENNIS
P. L. McLAIN?
James LANGLEY
Gabriel HANCOCK
L. B. HUGGINS
Robt. DAVIS
E. PHILLIPS
John JINKINS
Benjamin JINKINS
Thos. HILL
John WARD
Jno. KETCHUM
John H. EMMETT
Ewd. K. SHIVER
Cornelius BRECE?
Mathew MASON
Jno. B. POLLOCK
John SCOTT
Isaac WILLIAMS
Nathan PARKER
William PETTAWAY
Daniel FISHER
Jacob R. KING
Lott VICK
John BRINSON
M. PETTIT
Manull ZEE?
Hill POLLOCK
Robert AMAN
R. GRANT
Wm. HUMPHREY, J.P.
Jas. M.? R.? POSE?, J. P.
Lott? GRANT
F. L. HUMPHREY
David GORNTO?
Gardner SHEPARD
Robt. D. WATSON
Ely WALLACE
Elder Lewis PADGETT
Timothy HASKINS
Jesse KING.
Wm. POLLOCK
J. H. CANADY
J. D. CORBETT
Uriah B. G. G. CANADY
Thos. ENNET
Abram. M. HEWETT
Jonas JOHNSTON
Thomas N. JAINES
Alfred SHEPARD
John SARNORY?
S. DIXON
J. H. RHODES
John H. SPICER, Esqr.
Lewis DIXON
Harvey COX
Isaac B. HORTON
James HOUGIRTH?
Edward SCOTT
Benjamin SCOTT
--- DAY
George W. MEDLOC?
Britan KING
Zachariah S. BARROW
David D. SUTTON 
Benjamin PARKER
C. - HURST
Solomon WALKINS?
Richard CANADY
E. W. COX
Chas. DUFFY
William M. BARBER?
W. P. POLLOCK
Durant H. THODES
Abram GIDEONS
D. W. SANDERS
James R. PHILLIP
Lewis HUMPHREYS
R.? WILLIAMS
James PARKER
Elza SANDERS
G. H. McMILLAN
B. H. BRYAN
---- QUIN
John DAWSON
E. WALTON
Edward NANCE
Owen JARRATT
BERNIS? MELTON?
O. B. SANDERS
Stephen HERRING
Gibson SLOAN


State of North Carolina
Duplin County
April, 1842

To The Honorable John M. MOREHEAD, Esquire, Governor-
We the undersigned citizens of the counties of Duplin and Onslow and others, 
respectfully represent that at the present Spring Term 1842, of the Superior Court 
of Law for the County of Duplin, John FOUNTAIN, Brinson SPIVEY, Joab FOUNTAIN, Jr.; 
John R. FOUNTAIN, Hezekiah FOUNTAIN, Fields BRINSON, Brantly BRINSON, Isaac BRINSON, 
Lewis FUTRELL, Andrew BRYAN and Wright HORNE upon an indictment for a Riot without 
being arrested came into Court and had their supinah recorded-whereupon the Court 
sentenced them to an imprisonment for six calendar months. Your Petitioners further 
represent to your Excellency that the fact of the case as given in evidence by the 
witnesses were substantially these-that in the month of November 1840, there were 
three Negro slaves in the neighborhood of these defendants who had committed many 
acts of great outrage against these defendants, that they were harbored by certain 
white persons in that neighborhood that they went armed with guns that they had 
killed the stock of these defendants on some occasion in their own plantations and 
carried them off, that they had killed John E. FOUNTAIN the son of John FOUNTAIN one 
of these defendants having shot him down in the woods that they had made threats 
against these defendants in case they should ever get out of the jail where they were 
imprisoned having been caught.

Further that previously to their imprisonment from their many outrages these defendants 
their families and the whole neighborhood were held in constant alarm-to such an extent 
that they were actually afraid to leave their houses after night.

That after these Negroes were caught and put in Duplin Jail one of them made his escape 
and declared that when one of these defendants and his wife were walking along the road 
that he LEWIS ----- his gun at him several times. That it was further in evidence that 
the jail of Duplin was notoriously insecure, insufficient securely to confine prisoners.
That soon after LEWIS made his escape from jail these defendants went to Kenansville, 
Duplin Court House to enquire into the situation of the jail and to see whether the 
Negroes were safe having heard that one had escaped and that the jail was insecure.
That when these defendants came they expressly declared that they had no wish to violate 
the law that they came to see if the jail was safe and to take the Negroes to another 
jail if this was not a sufficient jail to keep them until the next Court. That they 
applied to the Magistrates of Duplin County for the purpose of getting relief and 
authority to take them to another jail-supposing they had authority to do so-that the 
magistrates by removing the Negroes. That these defendants made known to the Magistrates 
that threats had been made by these Negroes in case of their escape and that their lives 
were in danger if these Negroes ever supposed again to go at large. That these defendants 
finding they could get no penance that these Negroes would be kept safely, broke open he 
jail and took the Negroes out.

The Indictment against them charged them with "unlawfully riotously and sinuously 
breaking and entering the jail and taking there from the two Negroes BALAANI & HOWARD.
Your Petitioners represent to your Excellency that it was satisfactorily established 
that these Defendants from this punishment or if your Excellency should not deem it 
proper to enter entire relief to them that your Excellency will relieve them from a 
portion of this Term of imprisonment.

Elias FAISON
Buckman L. HILL
Jas. CHAMBINE?
William WRIGHT
John MALLARD
John PETERSON
Mitchell GRADY
Shadrach STALLINGS
Daniel BLAND
Charles WINDERS
Howel BROWN
Wm. WILKINS
Kinsey WHALEY
Robert CANTEN?
Wm. BROWN
Yates BROOKS?
The above are Grand Jurors
Lewis G. BASS
Wm. COOPER
J. E. HALL
R. J. HUNTER
Drewery HALL
A. J. HURST
Samuel HOUSTON
H. J. KENNEDY?
J. E. HUSSEY?, Sheriff
N. P. MATHIS
William W. MILLER
David SOUTHERLAND
Harget KORNEGAY
Thos. STANFORD
A.H. GRADY
D. HERRING
H. WILLISMA
T. B. JONES
D. H. SIMMONS
W. J. KORNEGAY
John HALL
N. ROUNTREE
Riley DAVIS
Amos B. WALLER
A. T.? STANFORD
Wm. GRADY
Felix FREDRICK
Joshua LOFTIN
Jeremiah PEARSALL
John FARLOW?
John BROWN
J. J. KELLY
E. P. ROUTLEDGE
Thos. CANTER
G. GIBSON?
Alsa SOUTHERLAND
Jas. CAVINAUGH
Thos. PHILLIPS
A. KORNEGAY
David GILLISPIE
James MAXWELL
B. F. GRADY
James WILLIAMS, Jr.
G. SMITH
James DICKSON, Clerk
Duplin County Court
Stephen W. BANKS
John B. HUSSEY
G. H.? JUDGE
Jas. L. SMITH
William MASON?
Daniel WILLIAMS
D. C. MOON
Williams TEACHEY
Gibson SLOAN
William MCGOWAN
John MILLER
Lewis HODGESON
N. SANDLIN
William FARRIOR, Clk.
Isaac B. KELLY
Jos. MAXWELL
Jacob BOSTICK
John SWINSON
William BOSTICK
B. MERRITT
? WARD
D. ALBERTSON
Jacob BEST
D. GILLESPIE
Thomas W. EVANS?
David CARLTON
H. SULLIVAN
James WARDEN?
John W. MOON?
James P. TUCKER
W.? JARMAN?
Edward E. HUSSEY
Joseph HOLLAND
John? SMITH
Benson? GRADY
Alexander GRADY
J. G. SMITH
James CARRELL
Lewis -INNY? -IRNY?
Wm. -------
James HOUSTON
Robert O. HOUSTON
John STRICKLAND
G. B. WILLIAMS
John WILKINSON
Dennis EVERRITT
James WADKINS
A. J. GRADY
Williams BEST
Alsa BEST
J.? MIDDLETON
Wm. L. HEATH
Merit MANNING
Jas. HUGGINS
A.?A? SOUTHARD?
Jesse EZELL
David D. SLOAN
John T. CARROLL
W. A. HANSLEY?
Wm. H. NELSON
J. M. GRADY
Zacchus SMITH, Junr.
Sherwood GRADY
A. O. GRADY
D. H. SIMMONS
James P. DAVIS
B. W. GRADY
B. WALLACE
Thos. J.? HOLLAND
A. T. MCCALLUM
R? J.? GRADY
Stephen HOWARD
Benami HERRING
James G. BRANDS?
H.? BOWDEN
John DOLSON
James P. MCGOWEN
Henry STOKES
John GRAY/GAY?
Frd. WILLIAMS
J. W. MONK
Mathew PITMAN
James KINNY
Wilsons BOURDEN
Geo. M. SHEPHERD
Lewis OUTLAW
P. ALBERTSON
D. SEOTEL? SCOTEL?
J. WELLS
Isaac TEACHEY
T. Alligood KAISER/HAISER?
Alex SOUTHERLAND
Saml. SOUTHERLAND
Moses M. PADGETTE
Nicholas HALL?/MAIL?
Jas. WILLIAMS
Wm. E.? FREEMAN
Jno. W. HALL
H. N. HOUSTON
Jaob BRANEN
Wm. W. TURNER
John SOUTHERLAND
John T. RHODES
Ward KORNEGAY
David SLOAN
William MCGOWIN, Senr.
Needham W. HERRING
Curtis EZZELL
T. D. LOVE
George MCMILLAN
O. L. FILLYAW
Wiley J. MAILS?/NAILS
Jas. W. BABER?
Stephen WILLIAMS

Duplin, N.C. 6th April 1842
His Excellency J. W. MOREHEAD, Esqr.

Dear Sir,

I hope you will not think me presumptuous if I again importune you in behalf of 
offender. I am aware it is not an enviable occupation and but for the peculiar 
circumstances connected with the transaction, I First, the account of the affair 
had been misrepresented to present at the time of the trespass, & all being indicted 
it was impossible for the transaction to appear as it really was; and thirdly, there 
were many mitigating circumstances, that amounts almost, if not quite to justification-
At out last Superior Court, John FOUNTAIN, Joab FOUNTAIN, John R. FOUNTAIN, Brinson 
SHIVARS, Fields BRINSON, Hezekiah FOUNTAIN,  Brantly BRINSON, Isaac BRINSON, Lewis 
FUTREL, Andrew BRYAN & Wright HORN stood charged with riotously breaking the Jail of 
the County, and without any arrest from the Sheriff, came into Court submitted to the 
charge; whereupon the Judge sentenced them to six months imprisonment & the Costs-I 
am ready to admit that these men were guilty of a most violent outrage, yet doubtless 
the report has been exaggerated to their prejudice; and tho they were unable to satisfy 
the Court of the whole of the circumstances, yet the whole county agree if such conduct 
was ever admissible, it was in this particular case-

Hear those circumstances-In the Spring of 1840, HOWARD, BAALAM & LEWIS, Negro slaves, 
ran away and took up quarters in the neighborhood of those Defendants; it was 
universally believed they were countenanced, yes, harbored by two white men Dan'l. & 
Stephen BRADHAM living in that vicinity; (and such belief yet remains) they commenced
depredating upon these defendants & others, and continued their operations for eight 
months. In this time their conduct to the Defendants was such, that no white Patriot 
could tolerate; they killed three Beeves, more than a dozen sheep, and several hogs-
They on one occasion went to the yard of A. BRYAN the Def't. took a hog from his pen, 
shot his dog & threatened to shoot him if he showed any resistance; on another occasion 
they went to the feeding place of another of the Defendants, killed a hog, before his 
face & threatened to kill him if he even told of it; on another occasion they went to 
another of the Defendants (who had spoken against them) cut his mill dam & broke the 
stones publicly, with a threat of greater violence if they heard from him again; on 
another occasion they attempted to shoot five of these Defendants who were shucking 
corn in the night & this together with their other conduct produced general alarm 
throughout the whole region; consequently a company was raised to take them, who had 
not proceeded far before Joab FOUNTAIN was fired on, several shot passing through his 
hat & coat collar, and immediately after, John E. FOUNTAIN (son of John FOUNTAIN the 
Def't) was shot dead by the Negroes who made their escape. A few days after, Jezekiah 
HOUNTAIN was snap'd, at by said Negroes who swore they would destroy every man who had 
been engaged in the pursuit; & afterwards Joab FOUNTAIN was fired on, several shot 
passing through his clothes, though but one giving much wound. This caused a second 
pursuit, when the Negroes were taken and carried to Jail-A few days after their 
confinement, LEWIS broke the Jail & made his escape (and here let me say that the Jail 
was insufficient to hold any body) upon hearing which these Defendants came to the 
Court House presented their difficulties to the acting Sheriff, also called on three 
Magistrates & sought for protection; no protection being afforded, they being much 
excited (and I must add, encouraged by the company) committed the trespass alluded to, 
tho let it be distinctly understood that John FOUNTAIN did not aid (only by his presence) 
in the commission of the crime, the evidence was "that he advised them not to use any 
violence" and was not nearer than thirty yards when the Jail was broken. I am well 
acquainted with John FOUNTAIN, & have ever considered him a pious & upright man, now 
old of seventy years of age; I have some acquaintance with the other Defendants, they 
have sustained the character of good & peaceable citizens, & none of them has ever been 
indicted before for any breach of the Peace-They are all poor men & if they have to 
remain in prison till the Fall, the whole of all their property will be insufficient to 
pay their attorneys, Jail fees, & the costs of the Indictment. They all have families & 
are dependant upon the daily labor of these Defendants for their support-

Considering all the circumstances I respectfully & with great deference suggest to your 
Excellency the propriety of granting them a discharge from imprisonment in part or intoto? 
As to your Excellency may seem right; or (should you think it a case not authorizing 
your absolute interference) to suspend the imprisonment till the crop season has passed 
over, upon their giving surety for their appearance - But should you conclude the 
Defendants are not all entitled to your clemency absolutely & immediately, suffer me to 
bring to the expected notice of your Excellency John FOUNTAIN, the man who had his only 
son killed by the Negroes and after that, together wit the other injuries he has suffered, 
he offered no violence to the Laws & even advised the others to adopt his course, he only 
was seen in company of the other Defendants during the day, on several occasions. 
Touching the sentiment of the people, I believe there is but one opinion concerning 
these Defendants and that is, that they done only what every spirited man would do, tho 
that nineteen twentieths of every white man & woman in this County wishes your 
interference in their behalf & if you are satisfied of the circumstances, you have 
nothing to fear from complying with their wishes. -

I intended seeing you in person on this subject, and also intended to be with you on 
the 4th but the situation of my Family forbade it; I hope the next Papers will 
communicate the proceedings of the convention, and will be able to give us some 
cheering news.

Hoping for the best.

I am sir your Obed't. Servant, Jese PEARSALL

His Excellency John M. MOREHEAD, Esqr., Raleigh, N.C.






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