William Winn and Josiah Flack to Thomas E. Bramlette

KYR-0001-004-1499.xml

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Accession Number

KYR-0001-004-1499

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

BR12-324 to BR12-325

Place of Creation

Warsaw, Gallatin County, Kentucky

Date of Creation

9 February 1865

Dates Mentioned

1865-02-09

1859

1859-08

1860-03

1865-03-25

1865-03-21

William Winn and Josiah Flack to Thomas E. Bramlette, 9 February 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR12-324 to BR12-325, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1499, (accessed April 27, 2024).

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Warsaw Ky February 9th 1865
His Excelency the Governer of the Commonwealth of Kentucky

Your Petitioners William Winn ^sr^ and Joseph Flack, would respectfully represent to your Excelency, that in the Summer of 1859 they opened a Store in copartnership at their mill in Gallatin County that Shortly after opening the Store, one of the neighbours came in and bought one Gallon of whisky from the young man that was Clerking for them, he was not directed by them not to sell whisky, for neither of your Petitioners knew that it was a violation of Law to Sell it by the Gallon, and would perhaps have Sold it them selves if they had been presant, but neither of them was presant at the tim. In a few day after the Sale of the whiskey the Gallatin Circuit Court came on, and their neighbour to whom they had Sold the Gallan of Whiskey to was Summoned befor the Grand Jury, and on his evidence your Petitioners were indited (at the August Term 1859) and at the March Term 1860 they were tried and found Guilty and Judgement was Rendered aganst each of your Petitioners for the Sum of $60 Dollars and cost, It was at the time regarded by the Court and Commonwealths atty as a hard case (so they expressed themselves) and the commonwealths attorney (Mr Major) If they would pay him the amount of his fees and the costs, he would See the Governor for them and try to have the balance of there fines Remitted, They payed to the Said atty his fee and to the other officers of the Court there costs at the time.

They say that execution issued and was placed in the hands of the Sheriff, who informed them of the facts and they told the Sherriff, the agreement between them and the Atty for the Com^th, and they herd no more of the matter and supposed that the said atty had got them released from further liability on ^account of,^ Said Judgment, and knew no better untill within the last few, days, when the sheriff came agane with an other execution. Issued on said Judgment, Your Petitioners would Respectffully represent to your Excelency, that one of the parties (W^m Winn) Could pay his fine without Great detriment to his family But that the other (Joseph Flack) could not pay his at all and must (if capias issue) go to Jail, for he is an extremely poor man with a large family of Children, and at the presant times and prices of the necessarys of life it requires his continued labor and exertion to support his family

In view of the fact that they have already paid to the atty of the Court and other offcers of the Court the sum of $53⁴⁴ which is endorced on the executions as a credid, and That they were boothe fined, when they feele that but one fine Should have been assessed aganst them, as it was a firm Transaction, And neither of them presant when the sale was made, they would respectfully ask the Clemency of your Excelency, They would further represent that as soon as they were indited as aforesaid they consulted and atty and was informed that they were liable for selling by the Gallon they Sold out there stock of licquors ^at whole sale^ and have never kept any since.

They would further represent that as Soon as the last Execution
issued they went to the County Seat to see if there was not Some mistak and got an atty friend of theirs to examin the Records for them. That he represents to your Petitioners that therr case has been by some one (we suppose Mr Major) laid before the Governer, and that he had only Staid the collection of Said Execution for the time of 12 months hence they suppose the reason they heard no more of the matter untill now,

They would further represent that at the time it was Staid It would not have been so hard for Joseph Flack to have paid his fine. But now it would be almost impossible for him to do so.

Your Petitioners State that the foregoin is the facts of there cases That they would Send a list of names of the Good citizens of Gallatin County who would vouche the Throuth of there Statement herein, But think that your ^Excelency^ might with propriety rely on the statement of the representative from heare, and Col J J Landram who is familerr with the facts as Set out in this petition, and was presant and heard the Evidence at the trial of their cause, to whom your excelency is Refered

They therefor most Earnestly beseach your Excelency to release them from further liability, on the Judgements herein named aganst Each of them and your Petitioner will forever pray &c

Wm Winn
Josiah Flack

Attest
J, Critt, Furnish

Gallatin Cir Ct
vs
W^m Winn Sr
&
Joseph Clark
$60.
Tipling

Remit
25^th Mch/65

sent for fee
21^st Mch/65

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