S. S. Bush to Thomas E. Bramlette

KYR-0001-004-2133.xml

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Accession Number

KYR-0001-004-2133

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

BR14-357 to BR14-358

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

5 July 1865

Dates Mentioned

1865-04-05

--05

1865-05-03

---06

1865-07-05

1865-07-10

S. S. Bush to Thomas E. Bramlette, 5 July 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR14-357 to BR14-358, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-2133, (accessed April 19, 2024).

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To His Excellency
The Governor of Kentucky:

Your petitioners, Jnoas G. Barton and W. R. Sink, respectfully represent that about or the 5^th day of April, 1865, in the City Court of Louisville, they became bound to the Commonwealth of Kentucky in the sum of $600.⁰⁰ each, as sureties for one Jno Gilbert, upon a bail bond for said Gilbert's appearance to answer to a charge of faro dealing at the next (the May) term of said Court.

They state that an indictment for said offense was afterwards returned against the said Gilbert & was set for trial on the 3^d day of May 1865, in said Court, at which time said Gilbert was prevented from appearing, by reason of his sickness; notwithstanding this, however, a default ~~wasentered~~ & forfeiture were entered as to the matter of said bond against said Gilbert and your petitioners on said 3^rd May 1865 and judgment has been rendered, upon the indictment against s^d Gilbert.

Your petitioners state that, since said forfeiture, a ~~judgment~~summons has issued against them from the City Court of Louisville to show cause why judgment against them for the amount
of the aforesaid bond should not be Entered against them & said summons is set for trial on the 6^th inst; and unless they have the benefit of Executive Clemency, they will have to satisfy a judgment for the amount of s^d bond Either by payment of money, which they are now unable to do or by Confinement in the City Workhouse.

They therefore pray your Excellency to release them from all liabilities on account of said forfeiture & before judgment therefor shall be rendered against them. While making this appeal for Your Excellency's Clemency they state that said Gilbert is now absent from Kentucky & without their consent & against their wishes; and, as they are informed & believe is somewhere in the State of Tennessee.

They state that when they became bound as his sureties they did so with no wish or design to Enable him to Escape atoning to the laws, if he had violated them; but with the belief that he would appear and stand his trial; and this they believe he would have done & thus saved your petitioners harmless,
had it been for his sickness.

Nor can your petitioners, in his absence make out satisfactory proof of that defense, even if it would avail them anything, if proved.

They, therefore, in conclusion, again pray Excellency, in the Exercise of your Clemency, to release them from all liability on account of said forfeited bond, &, as in duty bound, they ever will &^c

July 5th 1865

Respectfully,
S. S. Bush

Governor. --

Mr J. V Gilbert has just returned from the South -- You will remember that he obtained your pardon & remission of fine in a case some months since. This last prosecution is malicious -- The parties are incensed because of Mr Gilberts efforts to cut them out of their fees by obtaining a remission We Know that Mr Gilbert has not dealt Faro since the Offence. the fine
for which you remitted. We ask that the fine be remitted as to him -- We are on the most intimate terms with Mr G and we Know how he has spent his time since the said offence and cannot be mistaken

James G. Barton

Louisville City Ct
vs.
Jnoas V. Gilbert Jas G. Barton & W. R. Sink
$600 --
Forfeiture
Remitted 10 July 1865

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