William H. Woods to James F. Robinson

KYR-0001-029-0534.xml

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Accession Number

KYR-0001-029-0534

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

R4-348 to R4-349

Place of Creation

Greene County, Kentucky

Date of Creation

25 August 1863

Dates Mentioned

--02

1862-08-31

1863-08

1862-10-28

1863-03-02

1863

1863-01-01

1862-10-01

--10-08

1863-08-25

1863-08-27

William H. Woods to James F. Robinson, 25 August 1863, Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, R4-348 to R4-349, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-029-0534, (accessed April 26, 2024).

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Greene Circuit Court
Commonwealth
against -- } Indictment No. 1,
Wm H. Woods
Same V,s Same } Indictment No. 2,
To his Excellency the Governor of Kentucky --

Your petitioner, defendant in the two foregoing prosecutions, would most respectfully state, that at the February term of this Court, he was indicted for solemnizing marriage twice, without having first taken the Oath prescribed by the act of the Legislature, passed 31st Aug. last (1862) -- and was tried on indictment No. 1. at the August term of said Court, 1863, and upon the instructions of the Court, the jury found verdict against your petitioner of guilty, and assessed the fine at fifty dollars. This indictment was for solemnizing marriage on Oct, 28th, 1862 at which time your petitioner had never Seen the act requiring said oath, or had any access to a copy of the law; but ~~upon~~ having heard from the County Clerk that Some law had been passed asked him if~~[...]~~ he could administer the oath prescribed, and was told that he had no copy, of the same. The Clerk stated (in testimony for the Commonwealth) that owing to the disturbed condition of the country, no regular publication of said law was made here for some time after the date of said marriage, mail communication
not being re-established, which petitioner remembers to have been the fact. On the trial ~~the~~ of indictment No. 1, the petitioner plead a want of Knowledge of the requirements of said act of Aug, 31. 1862 -- at the date of Solemnizing said marriage, except from heresay -- which defence was in writing & sworn to, & which was true. This defence was made on the supposition that the Spirit, if not the letter of the act of Assembly, passed Mar 2 1863[ ]1863 entitled an Act to amend an act entitled An act to amend section 9 chapter 47 Revised Statues title Husband & Wife approved Aug 31 1862[ ] would make the want of knowledge of the law, herein stated, a good and sufficient defence against sthis indictment, but the Court held that the said act in its language confined ~~the~~ such defence to cases upon ^which^ indictment had been found prior to Jan 1,. 1863., and as defendant was not indicted untill afterthat date, the Court said that the peculiar language of the act compelled him- "very reluctantly" -- to instruct the jury that your petitioner's said defence could not avail him under said act; upon which the jury found their Verdict aforesaid, and judgment was rendered accordingly.

Indictment No. 2. was then called, for solemnizing marriage on the 1^st October, 1862, twenty seven days previous to the marriage mentioned in the former indictment, at which time your petitioner states, that he had no intimation whatever of the existence of said law, requiring the oath &c.

Said ignorance having been decided by the Court to be no defence against these indictments, Your petitioner
submitted the indictment No. 2. to the Court for trial upon the law and facts, whereupon the Court entered judgment against the defendant for a fine of fifty dollars.

Your Excellency will remember that Confederate forces were in possession of this part of the State at the time of the pass~~[...]~~age of the act requiring the oath &c, and on untill the battle of Perryville, on ^about^ the 8th October -- during which time & for some time there after, mail facilities were suspended in this part of the State.

Your Petitioner therefore asks most respectfully, that you remit said fines -- and he states that L. H. Noble Esq, Com. Attorney for this district, has kindly released your petitioner from that portion of said fine, to which he was entitled.

He would further ^state^ that he never had any intention of violating the law; but complied with its requisition, after the clerk received the copy of the law, before celebrating any marriage. Wherefore he prays as above & will ever pray &c.

W. H. Woods

State of Kentucky
Greene County

Sworn to by W, H, Woods, before me, this 25,th August 1863,

O. T. Ward Examiner for Green County.

I, L. H. Noble, Commonwealth's Attorney, for this Court and district, being fully satisfied from the facts appearing, on two foregoing prosecutions, that the defendant, Rev. W. H. Woods, was wholly innocent of any intentional
violation of the law, have and do hereby release the said Woods from any obligation to pay my portion of the judgments rendered in said prosecutions. Given under my hand this August 25, 1863

L, H. Noble

Green Cir. Ct

Pettn of Revnd Wm H. Woods

$50 2 cases } Mis.

The fine in each of these cases is remitted

J F Robinson

Iss Aug 27, 1863.

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