E. G. Clarkson et al. to James F. Robinson

Accession Number

KYR-0001-029-0341

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863

Item Location

R4-50 to R4-51

Place of Creation

Kenton County, Kentucky

Date of Creation

n.d.

Dates Mentioned

--03

1863-03-15

1863-04-21

1863-07-01

To His Excellency
James F. Robinson
Governor of Kentucky

The undersigned would respectfully pray your Excellency to grant your pardon to Sam^l Hodges convicted at the present (March) term of the Kenton Circuit Court, upon two indictments:

1^st Charging him with keeping a tippling house

2^d Charging him with permitting gaming in his house.

Upon the first Indictment he was fined in the Sum of Sixty dollars. Upon the Second, he was fined the Sum of Two Hundred dollars.

In the first case the evidence conduces to prove ^That on several occations^ (some three or four.) when Hodges was at Cincinnati to See a Docter, (when being treated for blindness) one — Christian (the prosecuting witness) furnished whiskey to customers, and took the pay for same; that Hodges was licensed to sell ale, beer & Porter, and that Christian sometimes acted as his bar keeper, gratuitously, though not in his Employ.

In the Second case, the Evidence conduced to prove that ~~that~~ some three or four times persons in Hodge's house played cards when he was present for Ale or Beer, and sometimes for a stake of ten cents in money. The testimony, however as to playing for money was contradictory.
Hodges is an old, feeble man, not less than 65 years of age, is totally blind of one ~~year~~Eye and nearly of the other, Sometimes, for months together he is wholly blind or has been. He can now, barely see to go about in daytime — He is entirely without any property or means of any kind, and has been mostly supported by the charity of his friends. It was through these charitable contributions that they had purchased for him a very small stock of Ale and Beer, by selling which he supported himself up to the time he was committed to the jail in default of paying said fines yesterday — No case, it seems to us could more strongly appeal to Executive clemency than this.

E. G. Clarkson Foreman
J. W. Lehman
W^m Martin
Henry A. Andrew
W. J. Hock
James A Percy
W, J, Hyde
R. G. Mathews
Michael Moore
G Stacey
F Dorman
H Carrier
David M^cKay
Sam. R. Rick
W. W. Bridges
Jos. Pirkle
J Messing
Ennis Thomas
Jos. Duveneuk
R Stecey

I ~~know~~ ^believe^ the statements contained in this petition to be true, and think the case to be such an one as specially to call for executive clemency.

James Ayars, Jr. Clerk,
Kenton County Court.

Petitioner is quite an old man without relatives or any person to assist him only as charity may do, he is nearly blind and has been induced to engage in the sale of Ale Beer a porter to avoid becoming a public charge.

A, H, Herod Jailer
Clinton Butts
(city marshal)
C A Preston Mayor [...]

The above is signed by 20, out of the 24 jurors who found the above verdict against Hodges. Each of the jurors signed the petition in my presence: in fact, I drew up the petition at the express instance and request of the jurors themselves No juror refused to sign it; the four whose names do not appear, reside in the country, and had been discharged and gone home before the petition was drawn up, and it has therefore never been presented to them — The old man has been in the jail ever since the date of his conviction; owing to his almost total blindness, he has bruised and injured his face badly by striking it against the cells in the jail. If ever there was a case calling for the Exercise of Executive clemency, I think this is one.

John S. Nixon

R. T. Green Adjutant 11^th Ill. has been in the war 2 years
< (over) >

Com^th Ky.
vs.
Saml. Hodges.

Kenton Circuit Court.
Trial & Judgment March 15. 1863.

Indictment: ~~Selling Liquor~~ keeping tippling House.
Names of jurors: R. G. Matthews, J. Merring E. T. Clarkson. W^m Bridges. D M^cKay. R. Steers W^m Wason. Jos. Birkle. Thomas Lawrence. Ennis Thomas Jacob Greenwald & Geo. B. Marshal.

Same vs. Same.

Trial & judgment same day. Indictment for allowing gaming on his premises
Names of Jurors: W. S. Nock. M. Moore. H. Carrier. W^m Martin Fred. Dorman, W. J. Hyde. S. R. Rich. W. Graham. J. A. Reed. H. O. Andrew. J. W. Lehman & H. Stacy.

I do hereby certify that the above names are the names of the Jurors Empannelled & sworn to try the above two cases agt Sam^l Hodges now of Record in my office this 21^s Aprl 1863

B W Foley Clek of C Cout
Kenton County

If a pardon is granted, please direct to my care.

J. S. Nixon
Covington. Ky.

Kenton Cir. Ct

Pettn to remit fines of Samuel Hodges Kenton

Fines remitted except the sum of ten dollars in each case & costs

J F Robinson

$60. } Tipling
$200. } Gaming
Send to Nixon
Iss^dJuly 1^st 1863

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