James J. Keithly to Thomas E. Bramlette

Accession Number

KYR-0001-004-2818

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

BR17-88 to BR17-89

Place of Creation

Fleming County, Kentucky

Date of Creation

12 December 1865

Dates Mentioned

--12

1865-12-12

1865-12-14

1865-12-19

To his Excellency Thomas E Bramlette Govenor of Kentucky

Your Petitioner James J Keithly of Fleming County Kentucky respectfully represents, that by the Judgement of the Fleming Circuit Court at its present Called December term he was fined Seventy five dollars for an alleged assault & Battery, He states that he is a Young man with a family of children, and the payment of such as fine will operate upon him and his family, He says that his Mother (who is an aged Woman) had a crop of Wheat in her Barn and was about to thrash Some of it and while so doing, the man who became the prosecutor in said case, came there and under some fraudulent and fictitious claim to the wheat, and attempted with a Knife Pistol and Double barrelled Shot gun to drive her off and was proceeding to use violence upon her & threatened to blow a thousand holes through her, under these circumstances petitioner went to the assistance of his Mother and the alleged assault was perpetrated in defending her from such an outrage, the person however who thus attempted to wrong his mother, came before the Grand Jury and had petitioner and his Mother and aged Step-Father included in an indictment for said alleged assault, and thus Petitioner was unable to avail himself of their Testimony and was at the Mercy of the prosecuting witness, under these circumstances he was fined as before stated He respectfully submits that it is just such a case as the Constitution contemplated for the interposition of the Executive, without he would have been compelled under pain of a heavy pecuniary
penalty to stand and see his mother grossly insulted & outraged and not prevent it —

He prays the Governor to remit said fine, the portion of the Commonwealths Attorney is as heavy enough on him without being further embarrased

Respectuflly
James J Keithly

Sworn to before me James Keithly this 12^th day of December 1865

John M Harbeson C, F, C, C, ~~J. P.~~

Isabella Smoot (late Keithly) and George W Smoot say that they were present at the foregoing difficulty and it is as Stated by James Keithly, Isabella Smoot is his Mother, and George W Smoot is his step father, both of them are aged the prosecuting witness was verry violent and had a knife in his hand, a revolver buckled round him, and a double Barrelled Shot gun Stationed in the Barn, and had drawn the Revolver and was proceeding to use it on Mrs. Smoot when James Keithly interfered and defended his Mother, these petitioners were included in the same indictment & could not testify and thus the prosecuting witness who was the only wrong doer ion the occasion, Controlled the result, they are satisfied that but for the interfearance of Keithly gross wrong would have been done his mother by the prosecutor, they hope the Governor will consider the feeling and position of a son under the Circumstances and pardon James Keithly —

Respectuflly
g george Smoot
I Isabella ^her X mark^ Smoot

Sworn to before me by Isabella Smoot and George W Smoot this 14^th day of December 1865

G. Pickrell J P
F. C. Ky

The undersigned Citizens of Fleming County have heard the foregoing Circumstance and believe that it would be a proper exercise of Executive clemency to pardon James Keithly under the circumstances — and they therefore respectfully recommend it

G. Pickrell
W O. Phillips
E. C. Phister
Tho^s J Throop
E Whitaker
John M Harbeson Clerk
Fleming Circuit Court
J^o M, Alexander
D K Weir
W^m L. Dudley
J, W, Anderson
F, R, Davis
James M. Bowman
John N Procter
Tho^s R Botts

The verdict in the case of the Commonth vs Kethly in my Judgment and in [view] of the provocations was a high one. and to remit all but attony for the Commwlth [...][prosecution] and costs will be sufficient punishment

I therefore recommend a remission to that ext Decr 14^th 1865

L W Andrews
Cir Judge

Fleming Cir Ct
vs
James J Keithly
$75,
assault
Remitted 19^th Dec/65

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