To His Excellency Thomas E. Bramlett,
Govenor of the Commonwealth of Ky,

Your Petitioners Say that at the present September (being a special term of the Montgomery Circuit Court.) John Peyton and Charles L Peyton both of Morgan County Ky, were seperately tried under 3 indictments found by a Grand Jury of Montgomery County Ky against them for horse stealing, & the Jury rendered a verdict of guilty against John Peyton fixing the whole period of his confinement in the Penitentiary at 4 years, — The Jury could not agree and therefore made no verdict under the indictments against Charles L Peyton — Since their discharge however it is ascertained that 7 of the Jury men in favor of acquitting & 5 for convicting him — W^m J. Berry, & F M Lewis, two boys aged respectively 18 years of Morgan Co Ky. were indicted by the Same Grand Jury with the two Perrys for Stealing the Same horses — the 4 horses that they are all charged with takeing were owned two of them by John Mark, one by Andrew Fesler & one of them by W^m Judy all of them of Montgomery County Ky, — The two last cases were continued for want of time to try them, the circumstances of the whole matter as proven upon the trial two trials as above are as follows, About the 7^th day of august last the 4 horses above spoken of were taken from the farm of John Mark in Montgomery County Ky & on Sunday night the 14^th of the Same month — a Squad of Federal Pickets belonging to the [...] Ky Regiment of Cavalry were picketing the road near Morehead in Rowan County Kentucky

(Said Pickets belonged to a Scouting party) halted three men in the road viz John Peyton, Walter Young, and a man by the name of Morrison, who made his escape from them. The Military Retaining possession of Walter Young,) & the 4 horses of Mark, Fesler, & Judy, were found in their possession, The Military handed over to the civil authorities of Montgomery Co- John Peyton, Charles L. Peyton, W^m J, Perry, and F M, Lewis, & have recently upon their own account been released said ^Walter^ Young,

we refer to the proof as embraced in a "Bill of Exceptions" prepared for an Appeal in the case of John Peyton & filed herewith as to how they got possession of the horses, —

On the trial of Charles L. Peyton the Commonwealths Atty. failed to introduce any proof conducing to show that either Charles L Peyton, F M Lewis, or W^m J. Perry, ever had in possession either of the 4 horses belonging to & stolen from Mark, Fesler & Judy, or that they were ever with Young, — Morrison & John Peyton. who were found in possession of Said horses, — It is true that in about ³/4 of an hour after the said John Peyton, Morrison, & Young, were halted as above Said Charles L. Peyton, Perry, & Lewis, came Rideing along the Road and were halted & brought into camp by Said Picketts — but the "Bill of Exceptions" embodies the whole proof, Wherefore your Petitioners pray that Your Excellency will remit the charges against Charles L Peyton, W^m J Perry, & F M Lewis, and Reprieve John Peyton as they all

wish to join the "Federal Army" to assist in making up Ky's quota, &c

September 17^th 1864,

The accused

Montgomery Cir Ct
vs
John & Chas Peyton
Refused