Charles Schwartz to Beriah Magoffin

Accession Number

KYR-0001-020-1318

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG21-214 to MG21-215

Date of Creation

7 August 1861

Dates Mentioned

1860-04-03

1860-05-18

1860-07-03

1860-11-07

1861-08-07

1861-08-14

To His Excellency the Governer of Kentucky:

Your petitioner, Charles Schwartz, respectfully states that on the 3^rd day of April 1860, being solicited by an old friend, a widow lady the Mother of Fred' Wymer, to go bail for her said son (& who was her sole support) in the sum of $200 that he should keep the peace and be of good behavior for the period of three months, as had been required by the Judge of the City Court of Louisville, your petitioner, without fee or reward & purely to accommodate the Mother, went on said bond.

Afterwards said Fred Wymer, on the 18^th May 1860, was brought before the judge of said City Court on a charge of having on that day assaulted one B. Polston, a forfeiture of the bond was therefore Entered & a scire facias issued against said Wymer & your petitioner therefor —

And on the indictment against Wymer for the assault, he was tried on the 3^rd July 1860 & fined five dollars —

Upon the scire facias aforesaid a judgment was Entered on the 7^th Nov^r 1860 against said Wymer & your petitioner Each for the sum of $200, by the Judge of said City Court of Louisville.

The fine & costs upon the indictment Wymer has paid & has also replevied the $200 judgment against him. But a capias having issued against your petitioner for the aforesaid
$200 judgment against him, your petitioner, being wholly unable to pay it or any part of it, and having a family to support & no property Except a cart & wood wagon & the team thereto with which he has to Earn his support, has been arrested on said Capias & is now in Confinement in the city workhouse &, unless relieved by your Excellency, will be there kept till he shall have worked out his fine and costs by labor at 75 cts per day — during all of which time your petitioners family will be deprived of his aid & support.

Wherefore, your petitioner respectfully, yet Earnestly prays your Excellency to remit the Commonwealth's part of s^d judgment & as in duty bound he ever will &^c

Aug 7. 1861

Chas ^his X mark^ Schwartz

I am personally acquainted with Cha^s Swartz and know him to be an honest, orderly and know him to be an honest, orderly and hard working man, I beleive the Statements contained in the above petition to be true, and would earnestly join in the petition, as he can give security for the costs if the Comths portion of the fine is remitted

F. B. Jane Deputy Marshal

From the fact of having been prosecuting attorney during the time referred to in the foregoing petition, I can certify to the truth of the Statements therein so far as relates to the proceedings in the court. And from the information I have received & which I believe, I am satisfied
of the truth of the other statements in the petition, &, therefore, recommend the petitioner to your Excellency's Clemency

Robt J. Elliott

I concur with M^r Elliott & Join in asking a remission

Geo W. Johnston
M. G. Holmes
G.. W.. Ronald

I believe the statements, in the foregoing petition are true & Petitioner is in the work House, & I respectfully Joine in petitioners prayer.

W G Reasor
John H Rodgers
Jos Jeans
[Hrim] Claton

Louisville City Ct
$200 } Recog.
Cha^s Schwartz
Fred Wyman

Remitted
B. M

Iss^dAug 14. 1861

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