John M. Farrar et al. to Thomas E. Bramlette

Accession Number

KYR-0001-004-0418

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

BR9-159 to BR9-160

Date of Creation

21 January 1864

Dates Mentioned

--12

1864-01-21

To His Excellency Thos. E. Bramlette
Gov. of Kentucky.

Your petitioner William Brockman would respectfully represent, that at the December term of the "City court of Louisville" a fine of $50 was assessed against him, and one of $25 dollars was assessed against his wife on a charge of assault and battery.

He says, that at the alledged asssault was not committed by either him or his wife ~~first~~ that a man by the name of Starkie had been working for him, and they had had Some misunderstanding, and he had forbid Starkie to come on his premises; but he came notwithstanding, and he went toward him to prevent him going up Stairs in his house, and when he got in reach of Starkie, he was Struck by him. These facts were witnessed by two Soldiers, only one of which he could possibly get at the trial the other having gone, or ^having^ been ordered out of the State on duty.

The Commonwealth proved however ~~the~~ by a bitter enemy of his and a worthless trifling witness ^not Starkie, for he failed to appear^ that he committed the first assault. This was false, and the Soldier contradicted the witness in every material point; but notwithstanding this the Jury found a verdict of as above. He moved the court to Set aside the verdict, but it refused; he moved in arrest of
Judgmt against his wife but then was refused. He then would have taken an appeal to the court of Appeals, but his only witness, had been ordered out of the State to Join his regmt and he had no witness atal by whom he could prove the facts as they occurred if a New trial had been granted him.

He Says the Judgmt against his wife is manifestly erroneous, because he was present & participating in the fight, and the law presumes that whatever She done was by his coercion; and that hence She was guilty of no offence. but no appeal ^will be to the court of Appeals for a Sum of the $50^

The injury was but trifling, and there was a large amount of cost in the case which he will be compelled to pay; and the part of the city atty; and this is punishment sufficient even if he were guilty. But he Says he is not guilty, but that witness Swore falsely against, and that he is the victim of her mallice.

He respectfully prays for Executive clemency.
Jany 21 1864.

John M. Farrar

Jo^s,, Clemant
C Daubert
Isaac Cronin
W. P. Hydes
Phil Tomppert Jr.
George Seaton
Henry C Russell [...] C C L
L, W, Salp
Garrett Burr
R, A, Collins
J. M. Stephens
Robt A. Hamiltons

Louisville City Court,
Wm Brockman &c
Petition to the Gov.

Rebecca S Brockman was improperly fined and the fine of $25.⁰⁰ remitted ~~and ten dollars~~ one half the fine ~~of the~~ of fifty dollars against Brockman is Remitted to cover the amount of costs and fees improperly assessed against the wife

Tho E Bramlette
Gov^r

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