Charles Callett and J. Harvey Vanderipe to Thomas E. Bramlette

Accession Number

KYR-0001-004-0368

Document Genre

Petition

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

BR9-84 to BR9-85

Place of Creation

Mercer County, Kentucky

Date of Creation

28 December 1863

Dates Mentioned

1861-04

1861-07

1861-07-03

1861-07-05

1863

1863-10-15

1863-12-28

1861

To His Excellency the Governor of Kentucky

Your petitioner Charles Catlett & J H Vanderipe state that at the April Term 1861 of the Mercer Circuit Court that they entered into recognizance fbefore said Court for the appearance of Charles Westerfield who was indicted for misdemeanor and Trespass therein in the penalty of Three Hundred ^Dollars^ for his appearance on the Second day of July Court to be held for the said Mercer circuit Court in the year 1861.

That said Westerfield left and went into the Southern army and had returned to his Brother in laws in Mercer County early in July 1861 and these petitioners being his bail captured and delivered him to the Jailor of Mercer county on the 3^rd Day of July 1861 in discharge of their recognizance

That said Westerfield was afterwards on the 5 July 1861 bailed out again before Judge C Chinn Judge of the Mercer county Court having been brought before said county Judge by and of Habeas corpus and gave recognizance for his appearance in the Mercer circuit Court on the Second day of the next term thereof with Dudley Barnett David A Davis and Thomas Hutson in the penalty of three Hundred Dollars which bond of for the said purpose executed in the penalty of 300$ and now on file in the Mercer Circuit Court

Your petitioners supposed and believed that they were finally and fully discharged by the surrender of said Charles Westerfield and that they were no longer responsible for his appearance

They understand that [...] on the [ ] day of [ ] 18[ ] said ~~bond~~or recognizance entered into by them as aforesaid was forfeited and that summons issued against them to shew cause why judgt should not be rendered against them returnable to Oct Term 1863 on said recognizance

They employed Mayor W A Hooe to attend to said case and who told Petitioners that he would attend to it and have it dismissed, but neglected to do so and Judgement was rendered against your petitioners for the sum of 300$ with costs [...] the penalty of C Westerfield forfeited recognizance &c on the 15 Oct 1863. that Petitioners were not aware of the fact of Judgement being rendered agt them [both within] the last week when the sheriff showed them the execution &c.

They state that said recognizance should not have been forfeited as against them but against his subsequent sureties towit Barnett Davis & Hutson. That in law equity and Justice they are not responsible and should not pay one cent of said Judgement

Your petitioners state that they are poor men and cannot pay the said Judgement and unless relieved by your Excellency will be incarcerated in Jail for said debt

They therefore pray that you will remit said Judgement & costs &c.

Charles ^his X mark^ Callett
J. H. Vandaripe

Sworn to before me by Charles Callett this 28 Decr 1863

O S Poston N P
Mercer County D C

{Revenue Stamp}< O S P
28 Dec
63 >

Mercer County

Sworn to before me by J H Vanderipe this 28 day of Decr 1863

David. J. Jackson J P. M C

{Revenue Stamp}< D, J, J
28 Decr
63 >

~~Richard Board C,M,C.C~~

Mercer County Sct

Elisha Lowe states that he was Jailer of Mercer County in 1861 and that Charles Callett & J H Vanderipe the securities of C Westerfield in the Mercer circuit Court on recognizance therein on the 5 July 1861 delivered said Charles Westerfield ^into Court and he was^ ~~to be~~ held by me as Jailor of said County to answer said Indictment and I held him as a prisoner in Jail till the 5 day of July 1861 when under a Habeas corpus issued by Judge C Chinn he was brought out and baled by Barnett Davis & Hudson as stated in the petition prefixed hereto

E, Low

Sworn to before me by E Lowe this 28 Decr 1863

O S Poston NP
M County

{Revenue Stamp}< O S P
Decr 28
1863 >

The undersigned request the Governor to remit this ~~fine~~Judgt in the above petition

J, L, Smedley

O S Poston
Richard Board C, M, C, C
Ben C Allen
John G- Kyle P. J. H.
E Gabbert

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