William H. Holt to James R. Page

Accession Number

KYR-0001-004-1490

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

BR12-311

Place of Creation

Mount Sterling, Montgomery County, Kentucky

Date of Creation

20 February 1865

Dates Mentioned

1865-02-20

1862-11

1864-11

Mt Sterling Ky February 20^th 1865
James R Page Esqr
Asst. Sectry.
D^r Sir

Last night I recd. some remissions of Judgments on forfeited Recognizances from you. The interests of my clients require that I should again trouble you as there is a mistake in the matter.

In the 1^st place I saw his Excellency Gov Bramblette at Frankfort and stated to him that the Recognizances of Robt. Wilbourne, Hezekiah Bowen, Newton Bowen and W^m Bowen (son of H. Bowen) with W^m Bowen & W^m W. Stone as sureties had been & were ordered to be forfeited at the Nov. Term 1862 of The Powel Ct. Court (There was no judgment and has been none yet) and asked him to remit sd forfeituresbeforejudgment. He told me he had the power to do so, but it was contrary to his practice

But said he woulddoso if I would get a writing or an endorsement from our District Atty. saying he was satisfied and asking for a remission of sd. forfeitures. I came immediately home and got sd writing & endorsement from Mr J S Dury our Com^ths Atty — and sent it down to the Governor. His Excellency told me he did not care how we got the endorsement of sd. atty. whether by compromise or otherwise. To get it Mr Bowen paid Mr Dury his share of the Wilbourne forfeiture, and as he was likely to get beat in the others he was fully satisfied, and endorsed as I desired & as I understood all the Governor required, and asked for the remission of the forfeitures in all the cases. We did this to save the trouble of a trial & all the citizens of the Co. united
in asking it. Mr W^m Bowen lives 10 miles from the Court House and is not able to get there in bad weather. What was my surprise then on receiving from you not a Remission of theforfeitures, but a remission of theJudgments, when no Judgmentshavebeenrendered. And I suppose the remissions you sent would be worth nothing hereafter as being made out before the Judgments were rendered, and when none existed.

It does not save us the trouble of trial which was the thing we desired to avoid. His Excellency said his reason for ^not^ remitting the forfeitures (and a good one it undoubtedly was) before Judgment was that it euchered the Com^ths Atty. out of his fee after having attended to the case; but if I would settle the matter with him (which I did in full) in any way he (the Governor) would remit the forfeitures; and this was what I desired; and not the remission of Judgments because they do notexist. What I asked for was the remission of the Forfeitures in the above cases to wit agst W^m Bowen & W. Stone on Forfeited Recog of Robt Wilbourne agst same on that of Newton Bowen. Same vs Same on that of Hezekiah Bowen Same vs Same on that of W^m Bowen (son of H Bowen) and I presume there was a mistake in making them out. If you would show this to his Excellency Gov Bramblette, he would understand it I presume. If I had petitioned for such remissions as I recd. it would have been petitioned for such remissions as I recd. it would have been after trial, not before certainly. If you find what I have stated is correct (and I have so understood it) I wish you would mail the forfeitures (remissions of them) to me as soon as possible. As I sent you the fees for the ones recd. and as they will do us no good. I presume you will not require them again. Judgments were not rendered by the Powel Ct Court at its Nov Term 1864. The forfeitures were ordered only. I am sorry for thus troubling you & hope sometime to return the favor

I am
Your Obdt Servt
W^m H Holt

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