H. G. Petree to James F. Robinson

Accession Number

KYR-0001-029-0431

Document Genre

Correspondence

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

R4-191 to R4-192

Place of Creation

Elkton, Todd County, Kentucky

Date of Creation

18 June 1863

Dates Mentioned

1863-06-18

1862-04

1859-10

1859-10-01

1862-04-22

1861-04-16

1863-07-01

Elkton Ky. June 18^th 1863.
To his Excellency the Govener of the Commonwealth of Kentucky:
Dr Sir

The accompanying transcript will show that Lewis W Garth was indicted in the Todd Circuit Court for the alledged offense of sending a challenge to fight a duel Col B H Bristow & myself being engaged as counsel for Mr. Garth became his bail in his recognizance to appear in said Court. Garth appeard at several terms of the court but the atty for the Comlth not being ready he renewed his recognizance & the case was continued until the April term 1862 when he failed to appear & a forfeiture was taken & summons ordered vs him Col B & Myself & which has been served on Col Bristow & Myself but not upon Garth who before the forfeiture had joined the rebellion & left the County of his residence and is now I presume in the Service of the Rebel Concern. Process cannot be served on Garth & unless relieved Col B & Myself will have the $500 to pay. If not inconsistent with your judgment of right, & propriety, & your practice in such cases I will thank you to remit the recognizance

Very Respectfully
H. G. Petree

Todd Circuit Court
October Term 1859
The Commonwealth of Kentucky
against
Lewis Garth

The Grand Jury of Todd County in the name and by the Authority of the Commonwealth of Kentucky accuse Lewis Garth of the Crime challenging to fight a duel Committed as follows viz The said Lewis Garth on the 1^st day of October 1859 in the county aforesaid did Challenge J. C. Dickerson to fight a duel with deadly weapons, Against the peace and dignity of the Commonwealth of Kentucky

Information given
By G. A. Henry
F. N. Chiles
Lewis Waller
S H. Sullivan
E. G. Sebree
Dr. Baily

J Crabb
Foreman of the Jury
John E Arnold atty for the Commonwealth

Todd Circuit Court
April Term 1862

At a Circuit Court continued and held for Todd County Kentucky at the Court House in Elkton on Tuesday April 22^d 1862

Present Hon. T C. Dabney Comlt^h vs L W Garth } Challenging to fight duel

This day came the attorney for the Commonwealth and the Defendant failing to appear on discharge of his recognizance, which is therefore taken as forfeited It is ordered that summons issue against said
Garth & his Securities, B. H. Bristow and H. G. Petree returnable to the next term of this court requiring them to appear and show cause if any they can why the Commonwealth shall not have Judgement & Execution against them for the sum of Five hundred Dollars, that being the amount they acknowledged themselves in their said recognizance given in this court on the 16^th day of April 1861

A Coppy
attest
Ben T Perkins C. L. C. C.

Todd Cir. Ct
$500 } Forfeiture
B. H. Bristow & H. G. Petree

The secretary will issue a remission of the amount to the security

J F Robinson
Iss^dJuly 1. 1863

Civil War Governors of Kentucky is always evolving. Help us improve the edition by suggesting a correction or addition to this record.

Suggest a correction