R. L. Wilson, Affidavit

KYR-0001-004-0431.xml

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Citation
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Accession Number

KYR-0001-004-0431

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

BR9-178 to BR9-179

Place of Creation

Caldwell County, Kentucky

Date of Creation

25 January 1864

Dates Mentioned

--06

1865-11

1864-01-25

1864-01-26

R. L. Wilson, Affidavit, 25 January 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR9-178 to BR9-179, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0431, (accessed April 18, 2024).

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The affiant R. L. Wilson states that at the June Term of the Caldwell Circuit Court Linn B. Baker was presented in two instances for Robery by the grand jury of said County, and some time after said indictments were found against him he was arrested by Capt Van Pelt. of the 48" Ky mounted infantry (H. T. Burges being Col. of said regiment) and said Capt Van Pelt after holding the said Linn B. Baker, several days as a military prisoner then delivered ^him^ to the sheriff of Caldwell County, that he might be held to answer the aforesaid indictments and said Baker was then delivered by the sheriff to jailor of Caldwell County & by him committed to the jail of said County. and said L. B. Baker after remaining in jail for several day mad application for bail before J. N. Turner the County Judge of Caldwell County Ky. which application for bail was granted by said Judges. The amount haveing been previously endorsed upon the indictment by the Circuit Judge. the amount upon one being five hundred dollars. & upon the other being $200. or $250. and the surety offered by said L. B. Baker being deemed sufficient by said County judge was accepted. the sureties in said bonds being the mother & brother of said L. B Baker, but before the said County Judge had certified the said bonds. a file of soldiers entered his office and arrested the aforesaid. L. B. Baker, and this affiant further says that Edena Baker the mother of the prisoner & one of the sureties upon said bail bond requested this affiant to see Lt. Col W. W. Hester of the 48" regiment

of Ky, mounted infantry, who was at that time commanding the post at Princeton Ky. and learn why said L. B. baker was arrested, all of which this affiant did, and was informed by the said Lt. Col. W. W. Hester, that he had the said L. B. Baker arrested for the purpose of sending him to some Military Prison in order that the bond that the ~~bond that~~ said L. B. Baker had just entered into, to make his appearance at the next Term of the Caldwell Circuit Court might be taken as forfeited (it being but a short time before the regular Term of said Court). This affiant thus informed the said Lt. Col. W. W. Hester that the said County Judge had not certified the said bail bonds & had informed this affiant that the had not certified would not do so or return them- to the Circuit Clerks office of the County unless the said Baker was released from duress & the aforesaid Lt Col. W. W Hester finding himself thwarted in his arbitrary intentions, by the firmess & integrity of said Judge. he then requested the said County Judge to certify said bail bonds & he would then release said prisoner & he would not rearrest him. The judge certified the bonds, the Lt Col, released the prisoner, but in less than one day the aforesaid Lt. Col. W. W. Hester ordered the said L. B. Baker to be rearrested. and then hurried him off to an adjoining military post. Viz Hopkinsville Ky. & this affiant was informed that he was sent from Hopkinsville Ky to Camp. Morton Indiana. and the aforesaid bail bonds were taken as forfeited at the November Term of the Caldwell Circuit Court in & for 1865, which will be seen by the record of said

Court a copy of which will be filed herewith relating to said bail bond. marked (A). to which your Excellency's attention ^is^ respectfully invited & affiant says by said action of Military authority the prisoner was wholy unable to make his appearance at at the Term of said Court as required by said. recognizance.

R. L. Wilson

The affiant R. L. Wilson states that all the allegation in the above affidavit are true

R. L. Wilson

Caldwell County Kentucky
Subscribed & sworn to before me by R. L. Wilson.

January 25" 1864
J. N. Turner P J
Caldwell County

I, J. N. Turner Sole and Presiding Judge of the Caldwell County, Court, do hereby ^certify^ that the above Statement as made by R. L. Wilson in his affidavit are substantially true as therein set fourth, Given under my hand this 26" day of January 1864.

J. N. Turner P J

R. L Wilson's affidavit & Judge Turner's statement

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