To his Excellency the Governor of Kentucky

Your petitioner states that something nigh two years since he was indicted in the Circuit Court of Franklin County in two cases for selling liquor to slaves — [...]and summoned to answer to the same- He attended at several terms and the last time he attended his understanding was that after the Commonwealths atty had talked with the principal witness he did not deem that he could make out the cases and that he would dismiss them — This atty was P U Major who is absent from Franklin County

This affpetitioner states the facts to have been as follows — He gave his slaves leave to give a party to their negro friends during Christmas times and they invited a few negroes to attend their party — A young man by name of Tarrant had been working a short time for petitioner but had quit & gone away But & he returned to petitioners house on the afternoon of the day the negroes had their party — This petitioner has been advised & believes the information true that Tarrant took some of the negroes & went a short distance to where Tarrants father had two barrels of whiskey & got two gallons and let the negroes have it whether he gave it or sold it petitioner is not advised ^He did not know of Tarrants conduct until next day^ — some of the negroes got drunk & caused a rumpus — As soon as affiant heard of it he went to the negroe quarter and dispersed the whole of them He states most solemlnly that he never gave or sold or [...]consented that any others might sell or give spirits to the said negroes or any of them

He did not attend Court [...]after the term he understood the case would be dismissed

nor engage other Counsel Jno Rodman haveing been his Counsel, as he believed said Indictments had been dismissed

It now seems they were not dismissed and at last court in Franklin judgts were entered on each, Indictment agst petitioner for $50 & Costs — He declares he was innocent totally of the charges made agst him He knew nothing about the judgts until the shff came with executions

He prays your Excellency to relieve him of the judgts by a remission or of as much thereof as can be acquitted

& Your petnr will pray &c
James Carr

Ch R Smithers states that he was a witness in the cases referred to by James Carr before the Grand jury & in the Circuit Court — At the Feby Court 1862 he attended as a witness and P U Major examined him privately & he stated what he knew, Major said witnesses evidence was not sufficient & he would dismiss the Indictments witness supposeing they had been dismissed attended no more until just before the last June term of Franklin Circuit Court he was served with attachments for failing to attend before & was required to attend at June court

at the June term he was examined and so was Hiram Penn Jr a boy about ten or twelve years old. Witness ^proved that he^ lived near to where the negroes had their party and [...]his [...]mother having some negroes at it — Witness saw young Tarrant in the early part of the evening

and had heard he was in the habit of selling liquor to negroes & he went once to the party mainly to caution the negroes of his mother to buy no liquor of Tarrant nor to have any thing to do with him — The negroes had evidently been drinking before witness got to the place of their party & were drinking while he was there Carr was not there, Tarrant was, and was poring whiskey out of a jug & handing it to the negroes

That he was pretty certain Carr knew nothing about it until witness told him of it the next morning — He stated further to the jury being asked that the land belonged to Carrs mother & Carr lived with her & cultivated it — He stated further that he saw young Penn the other witness there [...]at the party while he was there

What he heard of young Penns evidence his testimony was in substance the same as that of this witness

C, P, Smither

The foregoing statements were severally sworn to by James Carr & Ch R Smither before the undersigned a justice of the peace for Franklin County Ky Aug 22^nd 1863

Geo W Gwin J P F. C

{Revenue Stamp}G W G J P
Augt 22/63

The subscribers hereto have no hestitation in saying that [...]James Carr and Ch

R Smither are fully entitled to credit for the truth of any statements made by them

Th N Lindsey
G. W. Gwin

H. B. Innes

I unite in the prayer for the remission of the fines

John M Harlan

My recollection of the testimony is that the liquor was sold to the negroes by young Tarrant, at the residence or on the premises of Carr — but the evidence did not show that Carr was immediately present when the liquor was sold. He was about the premises somewhere, but was not in the actual presence of Tarrant when the sale was made.

John L. Scott
Com. atty.

I recommend that the prayer of the petitioner be granted and that the fine be remitted

P. U. Major Ex com'ths Atty of the 8^th dist —

Franklin Co

From the statements Sworn to, I am of opinion that the Judgements was erroneous. And although it is not a safe precedent to remit upon- exparte statements, when the Petitioner was so careless as not to make defense yet, in this case it is ordered that the fines be remitted except costs & fees

Oct 5^th 1863
Tho E Bramlette
Govr of Ky

James Carr
$100 —