L. M. Eckert et al. to Thomas E. Bramlette

Accession Number

KYR-0001-004-0554

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

BR9-377 to BR9-378

Place of Creation

Campbell County, Kentucky

Date of Creation

13 February 1864

Dates Mentioned

1862-02

1864-02-12

1864-02-13

To His Excellency,
Thomas E. Bramlette
Gov of Kentucky
Honorable Sir

We the undersigned Jurors who convicted Patrick White under an inditement as accessory to the crime of Rape at the February Term of the Campbell Circuit Court in the year 1862 in the City of Newport would respectfully represent, that said White was indited as accessory to the Crime mentioned along with one William Kennedy as principal and that under the law as instructed by Judge Samuel Moor are were compelled to find them guilty and fix the term of years at twenty for each — that said White was in company with the said Kennedy at the time that said Kennedy committed the act mentioned in a Grove near this City- that said woman, who was of bad character or in other words a prostitute, and was outraged as appeared from the testimony by Kennedy only- that said White was never indited for any offense under our Criminal law before. And in view of these facts we would respectfully but urgently request Your Excellency to afford a pardon to the said White who has already served in the penitentiary of this State during the last two
years- We further represent that the prosecution ~~Feb 12^th~~ ~~1864.~~ Elizabeth Franklin stated on ~~Newport Ky.~~ the trial before us that Kennedy ^~~above~~^ had connection with her at the time of the alleged rape & that White immediately thereafter had connection with: Whereas we are assured now by the evidence of the Mayor who held the examining Court & other unimpeachable evidence that ~~Kennedy alone~~ Elizabeth Franklin swore before the examining court that Kennedy alone had connection with her, having two connections within a very ~~moment~~ ^few^ minutes of of one another- Had we known at the time that we convicted White of this great discrepancy & of the very bad character of the prosecution we could never have convicted White upon her testimony.

We think this case calls aloud for the clemency of the Executive & Sincerely hope that White May be speedily released.

L. M. Eckert- foreman
C. C. Harris -Juror-
Martin Schrall do
ThoM[...]Gideon Do
Dont Say She is a prostitute
James Sawyer Juror
Jas K Stone Juror
Ja^s. H. Peters Juror
Sam^l Tipican Juror

Campbell County
State of Kentucky

I. Gus. Artsman, Circuit Court Clerk, do certify that the following named gentleman were empanelled as a Jury at the February term 1862, of the Campbell Circuit Court to try the ~~case~~ the following case, Viz:

Commonwealth
vs
P. Kennedy & W^m P. White
Viz:

James Thompson, L. M. Eckert, C. C. Harris, Jas. Peters- J. F. Herbert — [James Sarver] — T. W. Gideon — Saml. Tiblinghan- J. K. Stone- Martin Schroll- W. G. Collier- and F. Brockman.

Witness my hand this 13th, day of Feb 1864,

Gus. Artsman, C. C. C.
by H. Sine, D. C

P. S. — W. G. Collier and F. Brockman have sine died — and J. F. Herbert & James Thompson are absent in the Army.

H. Sine

At the request of Senater Fisk I state that I was acting as Atty for the Com'th on the trial and Conviction of Peter White for the Crime of Rape

The prosecuting Witness was at the trial conspicuously pregnant.

Her Chracter as regarded Chasity was proven to be bad — but as to veracity good.

I think Peter White, who has never served, (as I am informed) faithfully that ^(2)^ years of his time is a fit subject for Executive Clemency

Respt. &c W E Arthur.

I am requested to add a word of explanation of one of the foregoing facts in my statement — to wit — The pregnancy apparent upon the trial was evidently, by a comparison of dates, not caused by the act for which White and his Co-Defendant were prosecuted

W. E. A.

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