Charles Gray to Thomas E. Bramlette

KYR-0001-004-1403.xml

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Citation
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Accession Number

KYR-0001-004-1403

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

BR12-182 to BR12-183

Place of Creation

Mercer County, Kentucky

Date of Creation

3 December 1864

Dates Mentioned

1863-10

1864-02-06

1864-07-08

1864-05-14

1864-11-09

1864-11

1864-12-03

1865-01-04

Charles Gray to Thomas E. Bramlette, 3 December 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR12-182 to BR12-183, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1403, (accessed December 22, 2024).

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To His Excellency, Thomas E. Bramlette, Govenor of Kentucky;

Charles Gray states that he was surety in a recognizance for the appearance of one William Faulkner in the Mercer Circuit Court at its October term 1863, to answer an indictment pending against Said Faulkner in Said Court the amount of said recognizance being $300 -- He states that at the time of the forfeiture of said Recognizance, viz, at the October term 1863. of Said Court, the Said William Faulkner was confined in the jail of Hardin County, Ky, on a charge of felony, and has been confined in Said Jail ever since, and is still confined in Said Jail on Said Charge. He states that for this reason it was impossible for the Said Faulkner to appear at the Said term of the Mercer Court and it was impossible for affiant, his surety, to have him in court or coerce his appearance at Said term. He states that at the Said term of the court when the Said recognizance was forfeited he did not know that the Said Faulkner was confined in the Hardin Co -- Jail as aforesaid; -- that he was wholly ignorant of this fact and did not ascertain it till some Time after the October term, 1863, that the Said Faulkner was in the Hardin Jail -- He States that had he known of the confinement of the Said Faulkner before the forfeiture of Said recognizance he would have made known that fact to the Court
and offered the Same as a reason why his recognizance Should not be forfeited, but of this he was ignorant and Supported that the Said Faulkner had appeared in Court in accordance with his recognizance and So continued to Suppose till Summons was Served upon him to Show Cause why Judgment Should not be rendered against him on the forfeited recognizance -- He further States that when he learned the fact that the Said Faulkner was confined in the Jail of Hardin County Ky. he applied to the clerk of the Mercer Circuit Court for a bench warrant for the arrest of Said Faulkner, and that the Same was issued by the Said clerk on the 6^th day of Feby, 1864, and that this affiant in person carried the Said bench warrant to the Sheriff of Hardin County and delivered it to him to execute the Same, and that the Said Sheriff made the following return on Said warrant, viz, "Feby 8^th 1864 -- not executed on William Faulkner for the following reasons -- He is Confined in the Hardin County Jail on a charge of felony and has been So confined for (9) or more months. Tim G. Needham D. for Martin. Hardin S. H. C.

He states that he made every effort and exertion in his power to have the Said Faulkner arrested and surrendered to the custody of the Mercer Circuit -- that he went to Hardin County as aforesaid for that purpose -- but his efforts were necessary in availing for the reasons Stated -- he states that the Said Faulkner is now in the Hardin Co. Jail held there for trial in
a charge of felony -- He States that for answer to the Summons which issued against on the 14 day of May, 1864, to show cause why judgment should not be rendered against him on the Said forfeited recognizance, he set up and relied on the foregoing facts and reasons heretofore stated in this affidavit. and made the same known to the court in his answer filed on the 9^th of November, 1864, but that the Court rendered judment against him for the full amount of said recognizance, viz, $300, at its recent November, term, 1864, and that he will be compelled to pay the whole of said sum unless Executive Clemency he extended to him -- that the said Faulkner, against whom there has been no judgments, (process not having been executed on him) is worthless and hopelessly insolvent, and the whole burden will fall on affiant, his Surety -- He says the statements in the foregoing affidavit are true, and he petitions respectfully for the remission of the said judgment as far as Executive power extends --

Charles Gray

Subscribed and sworn to before me by Charles Gray this the 3^rd day of Decr 1864 --

J W Cardwell Notary Public Mercer Co Ky

{Revenue Stamp}

We the undersigned citizens of Mercer County Ky endorse the foregoing statements
in the affidavit of Charles Gray, and respectfully petition Your Excellency to grant the relief he seeks --

Names.

Names.
J. W, Cardwell
C A Hardin
C, S, Abell
Clerk co. Ct,
Tho^s Edwards,
Presiding Judge of
Mercer County Court

Names.
John G. Kyle
O S Poston
John H, Neville, Prof. Ky U.
W T. Frapnall
T. H. Hardin
Richard Board C.M.C.C
Nat Gaither
Jno. B. T. Daveiss
Geo. Possmore
James D Hardin

Mercer Cir Ct
vs
Chas Gray
$300,
Remit,
4^th Jany/65

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