Daniel W. Egleston to Thomas E. Bramlette

Accession Number

KYR-0001-004-1575

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

BR13-5 to BR13-6

Place of Creation

Kenton County, Kentucky

Date of Creation

14 March 1865

Dates Mentioned

1864-03

1863-12

1864-02-05

1863-12-25

1864-12

1865-03-14

1863

1864-02-25

1865-03-04

1865-03-15

To His Excellency
Tho. E. Bramlette
Gov^r of Kentucky;

Daniel. W. Egleston, your petitioner, respectfully states that he is a resident of Covington; and has been engaged for a number of years in keeping in said city a licensed restaurat and eating house; that in March last he was somewhat astonished to learn he had been indicted by the grand jury, for what affense he knew not; that upon inquiry he ascertained said charge ~~for~~was for selling liquor to one Thomas Dickey — a minor — whom your petitioner knew but slightly, and as a man in business; that said Dickey proved, on trial of the cause, he had drank a glass of liquor — at the house of your petitioner during the Christmas holidays of 1863 (your petitioner did not remember the circumstance) and that he, Dickey, was 21 years old on February 11~~^th~~the 5^th 1864, only 5 or 6 weeks after Christmas. Your petitioner plead he did not know said Dickey was under 21, had no means of knowing so; and was deceived by his appearance, which
certainly indicated him to be one and twenty. But the Court overruled such plea, stating that was a matter for Executive clemency.

Your petitioner was fined $50 at the December term for 1864 of the Kenton Circuit Court.

He prays for a remission of this fine. His error was done without the least design on his part to violate any penal law; and he has never been indicted for any violation of penal law save in the matter above referred to=

D. W. Egleston

Subscribed and sworn to before me by D. W. Egleston March 14, 1865

R: Richardson
N. P. K. C. Ky

As acting Attorney for the Commonwealth during the December term for 1864 of the Kenton Circuit Court I can certify that in the case of the Commonwealth vs Daniel W. Egelston, indicted for selling liquor to a minor, which was tried at said December term, it was proved that the minor, Thomas Dickey, who was alleged to have procured said liquor from defendant — the keeper of a restaurant — drank the same during the Christmas holidays of 1863; and that said Dickey was one and twenty years of age on the 5^th day of February 1864, or about five or six weeks thereafter.

J. R. Hallam

{Revenue Stamp}< R. R
N P
3
14" >

{Revenue Stamp}< R. R
N. P.
3
14 >

I heard all the Evidence in the case of the Commonwealth vs Egleston (J. R. Hallam Esq. then acting as atty for the Com^wth) and remember the substance of the same distinctly. The witness — Thomas Dickey — who testified he drank the liquor at Mr. Dan^l Egleston's during the Christmas holidays of 1863 — and shortly after Christmas to the best of
my remembrance — also testified he was 21 years of Age on the 5^th day of February 1864 — I think — or about 5 or 6 weeks only after the drinking was alleged to have been done. Said witness — Thomas Dickey — looked to me as if he were a man grown; and from his appearance, in the absence of positive evidence as to his age, I should have taken him to be about 22 years old. I am satisfied also Mr Egleston was deceived as to the age of this person; and never intended to violate any law in selling him liquor.

S. C Perrin

{Revenue Stamp}< J B
[...] >

Subscribed and sworn to before me by S. C. Perrin March 14, 1865

R. Richardson
N. P. K. C. Ky.

Kenton Cir Ct
vs
Petition of
Dan^l W. Egleston

$50.
Remitted
15^th Mch/65

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