To his Excellency Thos E,, Bramlett
Governor of the Com^lth Ky—

The undersigned your Petitioner Newman Estes begs leave to state, that at the Nov term 1862 of the Caldwell Circuit Court one James A Johnson having been previously Indicted in said Court, was by said court at said term permitted to give bail in the sum of Seven Thousand dollars for his appearance at the following June Term of said Court, and that your petitioner together with William Wells and John Lewis being requested then to beg said Johnson did in said court become his bail, He states that in a short time afterwards in Dec^r of that year that said James A Johnson was by the Military authorities of the United States Government towit Co^l A G Henry commanding, together with other citizens of said county forcebly arrested & imprisoned and taken to Johnsons Island and there kept for sometime, and that said James A Johnson was from thence under & by virtue of an order from the Military Authorities sent south & placed within the military lines of the Army of the Confederate States

and was under & by virtue of said Military order as he is informed and believes actually within said lines at & for some time prior to the June term of this court 1863 & has so continued if alive, That at the June term 1863 said bail bond was taken as as forfeited by reason of said Johnsons absence occasioned as stated above that summons issued on said forfeited recognizance made returnable to the present term, when he and his cosecurities filed their written response thereto setting up candidly frankly & fully the above state of facts and alledging the death of said Johnson as is currently reported & rumored here, to which the Com'th [dismissed] and the law arising thereon being considered by the court it was held not to constitute a legal defense and Judgment was by the court rendered by the Court against him & his cosecurities for said sum of money— He here presents a copy of the Indictment recognizance, answers and Judgment as a part hereof

That he has never learned the cause of said Johnsons Arrest or the charges preferred against him and that he and all the means and entreaties within his power whilst here & at Johnsons Island to have said Johnson released and returned that his bail might surrender him up or have his person in Court in compliance with said undertaking but to no avail That at the time of becoming his bail he was the owner of a large property in lands & slaves in Caldwell County the most of which has recently & since his removal south been sold, by the Sheriff of Caldwell County in payment of debts he & his cosecurities have no indemnity at all or but little, if any chance of indemnifying themselves should they be compelled to pay said Judgment, indeed as now informed but little if any thing could now be made by process of law,, He states that he has a family consisting of himself wife and five children, is now aged and infirm & ownes but little property, his estate consisting of so five slaves = a man two women and two children, no lands & but a small

amount of stock That John Lewis one of his cosecurities ownes a tract of about 200 acres of land upon which he and family reside worth probably some ten dollars per acre, no slaves, and some stock, That the remaining cosecurity William Wells is wholly & utterly insolvent, That the payment of the Judgment would perhaps [...] all the means of both himself and Lewis

In view of these facts he earnestly asks & respectfully solicits your Excellencies kind intervention, That at the time of becoming bail & until the arrest & carrying away of Johnson such a contingency never occured to your petitioner & it was one over which he had not & could possibly have no control whatever. Johnson was his neighbor and he was satisfied that, if living he would stand his trial with every hope as Johnson believed of ultimate success and your petitioner never thought other wise, or for one single moment did it ever occur to him that such a contingency as did actually take place could or would possibly occur and he feels & submits to your Excellency that it would indeed be to him a very great hardship, if under the circumstances he were compelled to pay & meet the forfeiture