James R. Hallam to Thomas E. Bramlette

KYR-0001-004-1694.xml

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Accession Number

KYR-0001-004-1694

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

BR13-177 to BR13-178

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

27 April 1865

Dates Mentioned

1865-04-27

1865-03

1865-06

James R. Hallam to Thomas E. Bramlette, 27 April 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR13-177 to BR13-178, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1694, (accessed April 26, 2024).

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Covington Ky April 27. 1865
Gov. Bramlette
Dear Sir

At the late March Term of the Kenton Circuit Court, Mr Samuel N. Pike was convicted under three indictments for Exhibiting Theatricals in Covington on three separate nights in May & June of last year, without license & fined $300 -- $100 per night.

Mr Pike is the proprietor of the Opera House in Cincinnati & at that time his house was occupied by an opera troupe, & his theatrical company being disengaged, Came over to Covington & played three nights with Mr Pike's approbation, as the proof shows, though Mr Pike does not disguise the fact that he sent them over on his own account. they obtained license of the City Authorities, under an ordinance of the City, supposing that was all that was required of them -- & upon learning that an additional state tax of $38 per night was chargeable to them, the agent of Mr Pike -- Mr P. being
absent in New York, stopped the exhibition after three performances. The Grand Jury ^at the June Term 64^ indicted Mr Pike for the failure to pay the state tax & the matter having been noticed in the city papers. Mr Pike received a slip from one of them in a letter from his wife, sent him to New York. He immediately wrote to his agent directing the settlement & payment of all claims against him in that respect. The agent (Mr Morris Simmonds) sent word to Mr Ayars, Clerk of the Kenton County Court who declined to do anything as indictment was pending. Some one refered them to Mr. Carpenter Comlth's Attorney, & Mr Carpenter went to Cincinnati & demanded & received of Pike's agent, $114, the amount of the state tax exactly, & gave a receipt therefor ^officially^ to be applied to the fine & costs against Pike, & took from the agent a power to J. G. Carlisle Esq. or any other attorney to enter Pike's appearance & confess judgment on the indictment. These papers can seen copied in full in the report of the Committee on Circuit Courts in the Carpenter Case at the late
session of the legislature. Carpenter never exhibited these papers to any one until after he, Carpenter. was indicted, charged with corruptly obtaining money from Pike, nor was any action taken on the indictment against Pike, until the late March term ~~until~~ when W. E. Arthur Esq. Acting Comlth's attorney, deeming it insufficient dismissed it, the Grand Jury having previously reported three others one for each separate night. Mr Pike promptly entered his appearance to each of the three indictments, the law & fact was submitted to the Court, & a trial was had, with the result above stated. I am authorized however by Judge Doniphan to say, that though according to the strictness of the law, he was bound to decide against Mr Pike, he is satisfied that Mr Pike never intended to violate the law, & that finding such had been done, he did all that he could to retrieve that violation

Mr Pike, was never in Kentucky, in Connection with the matter in any way, & his company did all they supposed ^or were informed^ necessary, at the time, in regard to license, -- & stopped the exhibitions when
they found that with the additional state license, they would lose money, & in fact did not pay expenses otherwise as I firmly believe

Under this state of fact, I feel this to be a case for Executive clemency, & as the lawyer of Mr Pike, pray for a remission of the fine

Very Respectfully
James R. Hallam

At the request of Major Hallam, I state that on the trial of the three Indictments referred to herein I was acting attorney for the Com'^th, in these cases, and so far as I am informed and believe, the within recital embraces substantially the main facts in the history of the cases

W E Arthur

We are familiar with the facts in the Case of the Commonwealth vs Saml. N Pike & recommend that the fine be remitted

Chas, G Wallace

I would respectfully recommend the remission of so much of the fine. as exceeds the Tax which Pike was under the law required to pay for his exhibitions -- The amt of Tax he should pay is about $114⁰⁰

B W Foley --

Please send any order in the matter to J. R. Hallam, Newport Ky

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