David Berry to Thomas E. Bramlette

Accession Number

KYR-0001-004-0799

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

BR10-233 to BR10-234

Place of Creation

Carlisle, Nicholas County, Kentucky

Date of Creation

11 May 1864

Dates Mentioned

1864-05-11

1859-03

Carlisle May 11, 1864
To hHis Excellency
Gov. Tho^s. E. Bramblet —

Your Petitioner David Berry States that at the March Term of the Nicholas Circuit in 1859 he was fined by the Court $25. for alledged Contempt of Court in inducing a witness to leave Court when summoned to attend. and also was fined by the Court $20. at the Same Term for failing to attend as a witness himself in a suit pending in the Court, and also by Verdict of a Jury he was fined twenty Dollars for Gambling —

He says he was not guilty in the 1^st & last named Cases & was not wilfully Guilty of the 2^d offence —

The facts of the first case are briefly these aAs Mr. Snapp was a witness in a case against this Petitioner & another but left the Court before the Case was called for trial & when called upon to answer for the Contempt he stated that this Petitioner had induced him to leave, whereupon the Court fined your Petitioner $25. though he filed a written affidavit denying the Charge & purging the Contempt — The facts in the 2^d case are these, He was summoned as a witness in a Case pending in the Court, but did not attend, though he intended to, but being at the time a Constable & very busy was Called from Town & detained
The suit was unexpectedly Called in his absence — As he said before he was not guilty of the Charge in the last Case and he Cannot account for his run of bad luck in being fined in the Cases —

He says Your Predecessor respited the fines & as your Petitioner thought had remitted them — No steps have been taken till quite lately to Collect them —

Now Executions are in the ~~off.~~ Sheriffs hands & pressing for Collection —

He states that he is poor & the payment of the Claims above would greatly oppress him — He is now doing services for his Country as an orderly in Co [ ] 40^th. Ky Cavalry Refiment & stationed at Gill Mills in Bath County. He prays that these fines be remitted & will ever pray

David Berry
by F. Munger —

Hon Tho^s. E. Bramblet
Gov. of Ky.
Dear Sir

at the Request of Mr. Berry I have written & signed his name to the foregoing Petition

I saw Mr. Berry a few days ago & he authorized me to state substantially the facts
above — Mr. Berry in the Federal service and for this Reason if for no other I think he ought to be released from these old fines that he thought had been remitted — The fines are excessive & ^it is^ unaccountable how they happended to be imposed —

Your Ob^t. Sev^t.
Fitch Munger

We Concur in recommending the Prayer of the foregoing Petition

John. W. Campbell
James L. Arnold

Mr. Campbell is our Representative & Mr. Arnold is our Circuit Court Clerk.

F. Munger

Nicholas Cir Ct

Refused

As Judge may err in inflicting fines for contempt but, I will not err by remitting fines for such offences.

Tho E Bramlette

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