Commonwealth of Kentucky v. William Boswell, Transcript

Accession Number

KYR-0001-004-1164

Document Genre

Legal/Financial

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

BR11-286 to BR11-290

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

3 August 1864

Dates Mentioned

1863-10-07

1863

1864-03-16

1864-03-22

1864-03-25

1864-07-22

1864-03-19

1864-08-02

1864-08-03

1864-03

1864-08-20

To His Excellency Thomas E. Bramlette
Governor of Kentucky.

William Boswell, of Covington, states that at the Fall Term — to wit Octo. 7, 1863 — of the Kenton Circuit Court, he was indicted by the Grand Jury for "selling liquor to a minor. "

At winter Term for '63 the cause was cont^d. At the spring Term for 1864 — to wit March 16^th 1864 — said cause was tried and petitioner found guilty as charged in the indictment; and fined $50 & costs.

March. 22^nd 1864 Petitioner filed grounds for New Trial and affidavit, (a copy of which accompanies this petition.)

March 25, 1864 — Motion for a new Trial heard and overruled; and petitioner asked an appeal to the court of appeals which was granted.

The proof, and the only proof, elicited on the trial of the cause aforesaid was that petitioner had sold some "ginger wine" to a young man not 21 years of age. (See accompanying proofs.)

Under the instructions given by the court the Jury found against petitioner. He thereupon filed grounds for a new
trial (See grounds and affidavit of Isaac Sutton) Judge Doniphan decided that, in order to obtain a new trial the proof "should be that the ginger wine sold by petitioner contained no alcoholic or vinous liquor "; and overruled the motion: Whereupon plaintiff prayed an appeal to the Court of appeals. But the Costs of carrying such a case through the appellate Court — there being only $50 involved — determined petitioner to submit this case, as to the law and facts involved in it, to his Excellency Governor Bramlette.

The above is in brief a truthful recital of the facts of this case, copied from the records. The accompanying proofs and affidavits will substiantiate the allegations herein made. Petitioner has been charged with no other misdemeanor save the above; and he respectfully but earnestly solicits a remission of the aforesaid fine of $50.

W^m. W. Boswell
State of Kentucky Kenton County —

Personally appeared before me W^m Boswell and made oath that he believes the statements in the foregoing petition are true=witness my hand this 22^nd day of July 1864

R: Richardson
Noty. Pub Kenton Co.

Kenton Circuit Court

Commonwealth
vs } Grounds of Motion for New Trial
W^m Boswell

Defendant W^m Boswell moves the Court to set aside the verdict and judgment rendered in the cause herein, and grant him a new trial on the following grounds — Viz;

1. The verdict of the jury was contrary to the law.
2 The Verdict of the jury was contrary to the Evidence adduced in said cause.
3 The Verdict of the jury was contrary to law & Evidence.
4. Defendant has, since the verdict in the cause aforesaid, discovered evidence in his behalf in the cause aforesaid, of which he knew nothing at the time said cause was tried, to wit the evidence of Isaac Sutton, that the drink or beverage known as "ginger wine" does not contain spiritous ro vinous liquors, or a mixture of either. Defendant was not apprized of the nature of the charge against him until the trial of the cause aforesaid, he did not discover he could prove facts he can now prove by Sutton until several hours after trial of said cause; no such evidence as that of Sutton was adduced on said trial; nor had defendant any knowledge of, or opportunity to avail himself of such evidence on said trial.

W^m Boswell

March 19, 1864.

Commonwealth of Kentucky Kenton County

Personally appeared before me R: Richardson, a Notary Public in and for the county and state aforesaid, John E. Flinn, who deposed as follows. I was sworn as a witness, and testified in the case of the Comwth vs Boswell in substance as follows; —

"I was bar keeper for M^r Boswell, and had been so for about 2 years. A short time before the finding of the indictment in this case, Mr. Dan. Farrell and another gentleman came into the "St. Charles", Mr. Boswell's house. The gentleman called on Farrell to take something. They drank, Farrell taking some "ginger wine." Farrell, to the best of my recollection never drank but once, when he took the ginger wine. I am positive he never drank anything else in the house. The gentleman paid for the ginger wine drank by him, Farrell. I did'nt know Farrell was not 21 years old. He appeared to me to be 21 years of age. I have known him, however, but slightly."

I heard the testimony of Dan^l Farrell, witness for the Comw^th, in the case aforesaid. He stated he was under 21 years of age. He likewise stated he had never drank anything else save
ginger wine at Mr. Boswell's, or obtained it from any one else save myself. Never obtained anything from M^r Boswell.

There was no charge ever brought against Mr. Boswell, to the best of my knowledge, during the 2 years I was there, for committing a breach of any penal statute or in anywise violating the same, except in this ginger wine affair. Had there been I must have known of it. I can truly testify that Mr. Boswell is an honest, moral, and law-abiding man.

John Flynn

Subscribed and sworn to before me by John E. Flinn August 2, 1864.

R: Richardson
Noty Public
Kenton Co. Ky

{R. RICHARDSON,
ATTAY AT LAW
& COMMISSIONER
& noty. Pub.
COVINGTON, KY.}

Also personally appeared before me Jas. M^c Laughlin, and made oath as follows;

I testified in the case of Comwth vs. W^m Boswell, in the Kenton Circuit Court, substantially as follows; —

That I was proprietor of the "Clinton Hotel" in Covington Ky. — had been engaged in the sale of liquor &c &c for about 6 years — had sold much of the drink or beverage known as "ginger wine" did not believe the same contained any spiritous or vinuous matter, or a mixture of either. Had know persons to drink large quantities of it, and not become in the least intoxicated. Had sold the pure article — Had never manufactured it. An impure article might contain liquor in it; but this was not real ginger wine any more than an adulterated article, in which there was not a particle of claret was "claret wine". Believed "ginger wine" to contain no spiritous or vinous liquor, or mixture of either

James. M^cLaughlin

Subscribed and sworn to before me by James M^cLaughlin this 3^d day of August 1864
R Richardson
Noty. Pub. Kenton Co.

{R. RICHARDSON,
ATTAY AT LAW
& COMMISSIONER
& Noty. Pub.
COVINGTON, KY.}

Also personally appeared before me Isaac Sutton, and made oath as follows.

In March last I heard of the decision of the jury in the case of the Commonwealth of Ky. vs William Boswell; and being somewhat astonished that a jury should fine a man $50 for selling "ginger wine", I made a statement & tendered my affidavit to Mr. B. as contained in his grounds of Motion for a New Trial.

I was engaged in the manufacture of the drink known as "ginger wine" for about 10 years. The ingredients used in its manufacture are extract of ginger, syrup, cayenne pepper and cochineal, the ^latter used for coloring^ It does not contain any the least alcoholic or vinous spirit or mixture, even a trace, of either. this I know of my own knowledge.

I have known manufacturers who wished to export the article to any great distance to put some spiritous liquor in it to prevent it from spoiling; but I never knew spirits put in any pure article of ginger wine for home consumption There also may be a spurious stuff palmed off on the public as ginger wine, and containing adulterations with spirits; but
this is not the real "ginger wine" of commerce any more than stuff which is made out of logwood and other ingredients, can be called "Port wine"

Isaac Sutton

Subscribed and Sworn to before me by Isaac Sutton this 3^d day of August 1864

R: Richardson
N. P. K. C.

Kenton Cir Ct

Commonwealth
vs. W^m Boswell
Application for remission of fine

Remit
Tho E Bramlette
5^th Aug 1864

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