M. D. Hay to Thomas E. Bramlette

KYR-0001-004-0690.xml

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Citation
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Accession Number

KYR-0001-004-0690

Document Genre

Correspondence

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

BR10-58 to BR10-59

Place of Creation

Greenville, Muhlenberg County, Kentucky

Date of Creation

11 April 1864

Dates Mentioned

1864-04-11

1863-11

1864-04-14

M. D. Hay to Thomas E. Bramlette, 11 April 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR10-58 to BR10-59, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0690, (accessed April 18, 2024).

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Greenville Muhlenberg Co
April 11^th 1864
Gov Bramlette

D^r Sir: About the first of last November I addressed you a petition to strike from the docket of the Muhlenberg Circuit Court two indictments found against me for permiting gaming in my law office. The offences were committed at the breaking out of this war by recruits for the U. S. Army then occupying the town of Calhoun under Brig Gen Crittenden. No money was plaid for. Oysters Whiskey and Cigars were plaid for. I entered my protest at the time as will be observed by the statements of the witness for the Comlth accompanying My former petition

Your Excellency declined to interpose during the pendency of the cause but stated that you thought the Atty for Commonwealth ought to enter a nolle prosequie upon the reception of your letter I used my energies and influence to obtain furlough for soldiers that they might be in attendance. I obtained the attendance of one of the witness for the Commonwealth and upon his statement the Atty for the Commonwealth very promptly dismissed one of the indictments Not being able to procure the witness
to the other that they might make a statement to Atty for the Commonwealth of the facts; and the indcitment having been drawn by a protem Atty I could not insist on a dismissal. The Commonwealths Atty and the Clerk being so well satisfied that no violation of the law was intended they proposed to me to let the Judgment go by confession and they would release their fees, Before I ~~did this I~~ accepted their proposition I consulted his Hon Judge Petree who thought that it was the best way to avoid notoriety and said that he had no doubt that upon "the facts being presented you would at once be as generous as the Comth Atty and clerk" acting upon this advice I permitted Judgment to go for the sum of $200.⁰⁰. The Judgement against me embraced the Atty^s and clerks release of fees.

I think that this is a meritorious defense; if any violation of law had been intended to I would not ask for the interposition of Executive Clemency but as there was none and no harm resulted from amusement of soldiers it seems to me that it would be hard to compel me to pay the Judgement. This matter I leave to the Kindness and Justness of your Excelency.

Having my ^business^ process in
process of settlement for the purpose of removing to Washington City to Practice law I would be pleased to hear from you at your earliest convenience

If the facts stated in this letter do not satisfy your Excelency I doubt not that I will be able to obtain nine tenths of the population of this county to endorse this and request a remission.

I Remain Your Obt --
Servant

M. D. Hay

Muhlenberg
vs
M. D. Hay

Remit except fees & costs
Richard T. Jacob
Lt. & Act. Gov.

$200 --
Gaming
Remt^d 14^th Apl/64

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