Charles Eaves et al. to Thomas E. Bramlette

Accession Number

KYR-0001-004-0689

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

BR10-56 to BR10-57

Date of Creation

11 March 1864

Dates Mentioned

1861-05-13

1859-05-11

1853-09

1854-06

1859-11

1864-03-11

1864-03-14

1864-04-14

To his Excellency, Tho^s E. Bramlette, Governor of Kentucky.

The petition of Charles Eaves and B. Y. Davis, of Muhlenberg County, Kentucky, who respectfully shewed to your Excellency

That a judgment was rendered against them in the Muhlenberg Circuit Court, on the 13^th day of May, 1861, in favor of the Commonwealth, for three hundred dollars ^& costs^, on forfeited recognizance, entered into by them, as the bail of Thomas Davis, in said Court, on the 11^th day of May, 1859, for the appearance of Thomas Davis on the 2^nd day of the next term of said court to answer an Indictment found against him, Bell and Edward Wilson, charging that he and Edward Wilson were feloniously present, aiding abetting and assisting said Bell Wilson in maliciously shooting and wounding one Fielding Foster with intent to kill. That the failure of said Thomas Davis to appear as required by her recognizance, was against the will and without any connivance on the part of your petitioners. That you petitioner had a bench warrant issued and sent to Henderson County and had said Thomas Davis arrested to compel his appearance, but he escaped from the office, and left the state, and has remained out of the state so far as your petitioners know. That said prosecution has been dismissed, and no trial was ever had as to any of the defendants indicted — The said Bell Wilson and Edward Wilson were never arrested. the said Edward Wilson is the well known Colonel Edward J. Wilson, whose regiment of Ky volunteers was consolidated with the regiment Commanded by Colonel D. W. Lindsey. That said Fielding Foster recovered from his wound, and ^lived^ several years & afterwards died. The Indictment was found in Sept, 1853. That said Thomas Davis has regularly appeared at every term of the court, from the date of his arrest, June 1854, until the November term, 1859, and
then he attended at the Court house in Greenville on the first day of the term, but being compelled to return home on account of the sickness of his wife, he was absent at the calling of the ~~cause~~ prosecution on the second day of the term, and his recognizance was forfeited.

Wherefore, and as your petitioners are poor and have families to support, they respectfully ask your ~~petition~~ Excellency to remit said judgment on said forfeited recognizance.

~~Charles Eaves~~
Charles Eaves
B, Y; Davis

Sworn to before me by Charles Eaves this 11th day of March 1864

Tho. J. Jones D. C. } Sworn to before me by B Y Davis 14^th March 1864
for J. H. Reno clk
Ja^s P M^cIns & N Howard P J. So. Ca [...]

The undersigned members of the bar and officers of the Muhlenberg Circuit Court endorse the statements of the foregoing petition of Charles Eaves and B. Y. Davis as true, and concur in the prayer thereof, and respectfully ask the remission of said judgment:

John H. M^cHenry
B J Shaver P J M C

Jesse N. Reno Clk Cir Ct
Tho. J. Jones Clk Co Ct.
Josiah L. Ricketts
N. J. Harris
B E Pittman Cty Atty
Ja^s P M^cIntire S M C
Samuel E. Smith
W N Sweeney
M. D. Hay
Alf C Tanner
Jno. Shapes

Muhlenberg Cir Ct
Petition of Cha^s Eaves & B Y. Davis
Muhlenberg County —
For remission of forfeited recognizance

$300
Address
C. Eaves
Greenville
Ky
Remit except fees & costs
Richard T. Jacob
Lt. & Act. Gov.
14^th Apl/64

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