Logan A. Wood, Brief

Accession Number

KYR-0001-004-0234

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR8-364

Date of Creation

n.d.

Dates Mentioned

1855

1863-10

Jefferson Circuit court
Commonwealth Ky Plff
vs } Brief for Straus, before the Governor
Andrew Straus Deft

I would Suggest to your Excellency, that this is a case pending in the Jefferson Circuit court of The Commonwealth vs Andrew Straus — a Scirefacias on an old bail-bond given in 1855 — as Surety for one Charles Wicke. The facts are Stated in Straus' petition, & the letter of W. A. Ronald, Sheriff.

There is no Judgemt yet against Straus- the Summons was not Served in time for the Oct term of our court. And I think it is a case where the the remiting power can be Judicially and properly exercised to to prevent a Judgment.

For your power to remit the whole of it I refer you to "Article 3^d Section 10 of "The New Consitution Ky". Stanton's Rev. Statutes page 129 of 1^st Vol.

And also the case of Commonwealth vs Morgan 14. B Monroe 392. And the Commonwealth vs Spraggins. 18. B. Monroe 513.

I would not be understood as diseng
to deprive the officers of the Circuit court of their legitimate fees — nor the Commonwealth's atty. But this is a case wherein the ^present^ States attorney has had no trouble; nor would he ever have set this prosecution on foot — if it had not been for this man Fherrenback. It appears to me that this is a case where excutive interposition is demanded. The Commonwealth Should not be made the instrument through and by which to grati the personal Spite of one ~~individual~~ citizen toward another=; and especially where no public good can result from it, as in this case. The Judgmt against F. is about all Straus is worth; and if he is made to pay the $800 recognizance it will ruin him.

Respectfully
L. A. Wood

Commonwealth
vs
Straus,

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