James Sullivan to James F. Robinson

Accession Number

KYR-0001-029-0401

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

R4-148 to R4-149

Place of Creation

Franklin County, Kentucky

Date of Creation

31 March 1863

Dates Mentioned

1862-02

1861-12-24

1863-03-31

1863-05-14

To His Excellency,
The Governor of Kentucky:

Your Petitioner, James Sullivan, would respectfully represent that at the ~~February~~June term, 1862, of the Franklin Circuit Court, he was fined the sum of $200- for suffering gaming on his premises, which fine he is unable to pay; and which fine he ought not to be compelled to pay, as he believes, for the following reasons: He resides at Peak's mill in Franklin county — has been keeping house there for some years, and has been in public business. He was in the habit of entertaining his friends in a social manner at his house. On Christmas eve, 1861, a number of his friends, half a dozen, or more, met at his house for the social purpose of taking a glass of egg nog, or apple toddy, and some of them proposed to play a social game of cards, which was agreed to, and while playing some of the parties bet 5 cents on the game — there was no bet highter than 5 cents. An enemy of your Petitioner, who had a law-suit with him, happened to pass by, and see them playing through the window, and then took revenge by presenting him to the grand jury, and having him indicted. Your Petitioner plead guilty, as he knew that he had violated the law by suffering 5 cents to be bet on a game played at his house. He assures your Excellency that none of the gentlemen who participated in that game ever thought of gambling for the money at stake — it was a social game, and not
a game played for the purpose of winning merely — it was only intended as a social entertainment; and he respectfully asks your Excellency to relieve him from the heavy penalty imposed upon him by the malice of an enemy who has far less respect for the law than any gentleman who participated in the social game for which he has been fined.

James Sullivan

Sworn to before march 31st 1863

W Franklin clk cfc

State of Kentucky, Franklin County:

James H. Suiter and ~~Moses Haydon~~Presley Hampton, state that they were present at the house of James Sullivan at the time spoken of in the foregoing Petition of said Sullivan — ~~neither~~but one of these affiants participated in the game — They ate and drank at the social entertainment, and are satisfied that the foregoing statement of Sullivan, which has been read to them, gives a faithful account of what little gaming was indulged in on that occasion. They further state, that the man who is said to have reported Sullivan to the grand jury was a deadly enemy of Sullivan's, and as they understand had had a fight with Sullivan a short time before the indictment was found.

J. H. Suter
Preston Hampton

Sworn to before me March 31 1863
W Franklin Clk f c c

Pettn of James Sullavan
Franklin County to remit fine —

Franklin Cir. Ct
$200, } Gaming
Remission
Iss^dMay 14. 1863

The fine in this case although probably inflicted within the letter of the law violates its spirit in severity and is hereby remitted

J F Robinson

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