Zachariah Tate to Thomas E. Bramlette

Accession Number

KYR-0001-004-0906

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

BR10-393 to BR10-394

Place of Creation

Clark County, Kentucky

Date of Creation

5 May 1864

Dates Mentioned

--05

1860

1864-03-11

1864-05-05

1854

To his Exelency the Governer of the State of Kentucky. Your petitioner Zachariah Tate, says. that he was fined at the present May term of the Clark Circuit Court upon indictment for carrying consealed upon his person a pistol the sum of $50. He says the facts are these, he was engaged by James Price to go [to the] County of Bath, to apprehend a runaway slave in the year 1860 and Price advised him to arm himself and he accordingly did get a pistol and put in his pocket just as he was starting on the business of trying to apprehend said slave, and the handle of it was seen by a witness and the court ruled that the above facts which were all the facts of the case, rendered him liable to judgment, and did not bring him within the savings of the act. of March 10^th 1854. 1^st Vol. Stanton R.V. ~~statutes~~ page, 414, He says he purchased said pistol for no other purpose than that of protecting his person in the business he entered upon to capture said slave, and he did use it for no other purpose. and it was not his and only borrowed But the Court gave a preventory instruction to find against him. He says he has a very large family and is very poor and the fine upon him is appressive, and in fact he cannot pay it. He asks Executive Clemency

Zach'r Tate

Sworn to by Zach'r Tate, May 5^th 1864,
R. D Davis D C
For A. H. Buckner clk

John B Huston states that he defended Tate on the charge named in this petition, as a gratuity. Tate being too poor to pay anything and he then and now believes that the spirit and meaning of the savings of the act of 1854 protected Tate. But the Court ruled absolutely for the Commonwealth. The facts set out by Tate in his petition are true He is a very poor man and has a family of twelve children, and not one of them twenty one years of age, and he is a harmless man, and he sincerely recomends him to the favor of the Governor

J B Huston

I think the case one that merits the clemency of the Executive.

W. S. Downy
com atty

We the Jury who fined Tate recomend him to Executive Clemency and only felt constrained by the instructions of the Court to find against him.

B Y Crim
A L. Haggard
E C Browning
William Johnston
J. B. Thomas
William Garner

The other jurors are scattered.

Clarke Cir Ct
vs
Z. Tate
$50

Remit except
fees & costs
Thos E Bramlette

conc^d Weap
5^th May/64

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