D. L. Sanders to Thomas E. Bramlette

KYR-0001-004-2252.xml

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Accession Number

KYR-0001-004-2252

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

BR15-82 to BR15-83

Place of Creation

Smithland, Livingston County, Kentucky

Date of Creation

17 August 1864

Dates Mentioned

1864-08-17

--04-11

D. L. Sanders to Thomas E. Bramlette, 17 August 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR15-82 to BR15-83, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-2252, (accessed April 19, 2024).

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Smithland Ky
August 17^th 1864
To
His Excellency
Gov Bramlette
D^r Sir

If your honor will take Cognizance of a short petition from one who was employed to defend a man by the Name of Speilman some four or five Months ago ~~upon the~~ at the examining Court upon the charge of having Committed rape upon an common prostitute by the name of Mrs Wilburn -- The said spilman has been confined in our Livingston County Jail ever since the 11^th of April awaiting the sitting of the Circuit Court -- At the examining trial his Witness James Quidd was not present being off on the river -- and it was upon the evidence of Mrs Wilburn alone that the Judge set him to Jail The Judge admitted after the trial was over that if he had the power of a Jury he would acquit him We have no [Calabouse] here where when men who brake the
Law can be confined to hard labor for a short time as our large Cities afford -- Consequently We have a man in our County prison suffering torture [...] &c for to appease a harlot's enmity -- and she to be promenading the streets chewing tobacco and swearing vengeance against all those who are decent -- Gov, I think We should have an example set, Is any Gentleman safe if the courts of Justice will take cognizance of a rude womans oath in regard to a matter of this Kind I think not Is it right that a man should lie in Jail without a prospect of trial for six months -- Is it right I implore to make this an example Even admit the charge was true as I have said before what Kind of fortifications can a man erect for his safety for the immense Army of this Kind of woman that inhabit our noble state -- and that are ready to insult and rob us of our good name for a few dollars. (Blackstone) says that the essence of the crime (rape) consists in depriving a woman of her virtue honor and chastity -- if this be true how can
said Crime be Committed upon one who has No virtue honor or chastity to Loose. I would ask you in the name of God I would ask you do you know of a parallel case and will you as the Governor of proud and Chivalrous Kentucky allow one of her sons to be Confined in prison risk the finding of a Bill at the sitting of the next Grand Jury -- which will be months I have visited this old man Spillman several times since his confinement and never conversed with him but what the old fellow shed tears mingled with declarations of his innocence. A few evenings since several of his Companions broke Jail they occupied the same cell with Spielman -- after they were out he called aloud to the keeper of the Jail that his -- friends had broke Jail The Jailor upon entering found a large hole made through the Wall -- and inquired why he did not go out. The old man rep^l^ied that his innocence forbade his going -- and when he left his cell he wanted to leave it honorably Our Circuit Judge is under arrest at Louisville -- and our County Judge is absent and no prospect of Court -- Gov this Mrs Wilburn I have known for several years
and I know her to be a woman of ill fame and that of the lowest kind -- and at the time the crime was purported to have been committed she bore the above name before, and since. A few days ago, Major Peck took command of this ^Post^ -- and he ordered all the Lewd women out of town -- amongst them stood most prominently Mrs Wilburn -- I enclose you the ~~Certificate from~~ Affidavit of Major Peck and also the affidavit ^of Mr Quidd^ If I thought you would deem it necessary -- I could take hosts of others proving this womans character -- Major Peck promised me he would write you but he is so busy straightening up the rebels in our vicinity -- that I took the pleasure as a young atty to lay the case before your honor -- hoping as we have proved an alabi, &c -- that you will set Patrick Spielman at liberty at the earliest convenience

I Remain Respt
Your obt Servant
D. L. Sanders

P. S. Spielman has no money I do this because I believe him innocent -- and think he has suffered enough

Rest
D. L. Sanders

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