W. Henry Holt to James F. Robinson

Accession Number

KYR-0001-029-0545

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

R4-366 to R4-367

Place of Creation

Mount Sterling, Montgomery County, Kentucky

Date of Creation

27 August 1863

Dates Mentioned

1863-08-27

1860

--11

--08

Mt Sterling Ky,, Aug 27^th 1863
His Excellency
Hon J. F. Robinson
Governor of Ky.

I address you in order to obtain the remission of a forfeiture of a recogniszance in a case where it would be a great hardship for the men to pay it, or any portion of it. The two men liable are of the first standing in Powel Co. though not wealthy, and are Union men. As your Excellency is aware, you have the power of remitting the whole of the fine, including the District Atto^s,, share at any time before a Judgment upon the forfeiture (18 B. M. 512)

As the forfeiture is a heavy one the payment of the Atto^s,, share would be very oppressive, and unjust under the circumstances, though
the strict letter of the Law might forfeit it. At the last term of the Powel Circuit Court the trial of the recognizance was continued till the next term. In order that your Excellency may understand the facts of the case I will make a statement of them in the form of an Affidavit. If other proof should be required it can easily be obtained.

Very Resply, W. Henry Holt

The affiant, W. Henry Holt states that in the year 1860 an affray took place near Stanton, County of Powel, between two families, named respectively Bowen & Hall.

The cause of the affray was a land dispute & the fathers of the families & a number of the sons of each were engaged in it, as well as a man by the name of Wilbourn, now in the Union army.

One of Hall's sons was killed & the
Bowens (Father & three sons) & Wilbourne were indicted for manslaughter. A Brother of the old man, Bowen, by the name of Wm Bowen & a certain Mr Stone, rather than see the old man & sons go to Jail, entered into a Recognizance for them &. Wilbourn. The case was continued from time to time by the District Atto. the Bowens appearing regularly at each Court since 1860, and desiring a Trial. Last November term of the Court, however, the Bowens failed to enter their appearance though they were in the vicinity — at home: and hence the Recognizance was forefeited. They started to come to the November Court & gotoverhalfway to the Court House, when they were informed by a number of persons, that the Halls said they wouldshootthem if they came to Court & were prepared to do so. As they knew feeling ran high in regard to the matter, they did not
dare to come farther & turned about and went home. This was the reason why they did not appear- through no neglect of their own, or wish to avoid the Court's decrees. At the term of the Court just closed (August Term) they were promptly in attendance &, anxious for trial; but the case was continued by the District Atto. (One son was not present, he having died lately.) They allege by affidavit that they have always been ready in the case & they have been promptly at Court in every case, Except when the Recognizance was forfeited — and then were absent for the reasons above stated. The amt. of the recognizance entered into by Mr W^m Bowen & Mr Stone, and which they ask to have remitted, was $500. for each of the alleged offenders.

W. Henry Holt says the statements above are true to the best of his knowledge & belief.

W. H. Holt

S~~[...]~~worn to before me by W H Holt this 27^th day of Aug. 1863

E E Garrett clk

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