Lebanon Kentucky Dec^r 16^th 1864 —

Sir: As you are doubtless aware this portion of our State has long been infested by a gang of Guerrillas, whose depredations have been committed almost with impunity, in Spite of the utmost vigilence of the Military, whose efforts to capture or destroy them, they have constantly managed to elude. So frequent and successful have been their forays — characterized by murder robbery and plunder — that their presence has become a cause of Extreme terror to the citizens of whatever portion of our community they may mark as their prey. Some three weeks ago they made a raid through a portion of this County murdering some, robbing others, and maltreating in some manner, nearly all with whom they met. During the Ensuing week they passed through the Northern part of Washington County killing five citizens, mostly discharged Federal soldiers, and committing a variety of other outrages, On last saturday Week they made their appearance in Springfield nine miles from this place. Killed two men, robbed the Bank and plundered the citizens generally avowing their determination to kill every furloughed or discharged Union soldier with whom they met, They left in the direction of Perryville as was afterwards ascertained about 10 Oclock that Morning, and Capt Fidler with a detachment of soldiers started in pursuit of them immediately on receiving intelligence of their being in Springfield. The Public Mind already prepared for it by the constant recital of their previous outrages, and the uncertainty as to what neighborhood was to be the next theatre of their depredations, became at once considerably Excited. None could tell who were to be the next victims nor at what moment the Expected blow might descend.

While this was the case, two young men from Taylor County named Dicken, were hunting for a stolen mule in the vicinity of Hayesville in this county and

about two Oclock that evening called at the house of a man named Rinehart to make some inquiry concerning it, as they had been informed that he had been suspected, and indicted indeed for stealing that kind of stock, Mrs Rinehart informed them that her husband was not at home, and while they were conversing with her two other men rode up and saluted her in such a manner as induced the two Dickens to believe that she was well acquainted with them. These two men on learning the business of the Messr^s Dicken proposed to go with them to where Rinehart was and they all started off together. After meandering about for some time they came to a path which led into the Knobs, and into which they proposed to turn. The two Dickens having become suspicious of the intentions of their two guides, refused at this point to go with them any further, They thereupon turned upon the two Dickens, took from them their pistols- shot one of them (Merritt Dicken) through the body, and the other turning to flee was also mortally wounded through the back. Merritt Dicken also turned to run, and he and his brother made all speed in the direction of the point on the Extension of the Louisville & Nashville Railroad. (Lebanon Branch) where some Irishmen were at work, about ³/4 of a mile from where they were shot.

Among these Irish men was one named Michael Foley, who had served as a private in Capt LuckettsCompany 9th Ky Cavalry, and had been honorably discharged at the expiration of his term of service. The two young Dickens approached the Irishman, in a wild and Excited Manner on horseback at full speed, dressed in calico shirts, one of them in his shirt sleaves- the other with a brown janes coat on, one of them bare headed, the other with a handkerchief tied around his head, both with pistol belts and scabbards and one of them riding on

what is familiarly known through the country as a rebelsaddle. presenting in short every appearance of being .Guerrillas

They demanded to know of the Irishmen if they were "Union men" saying that they were themselves Union Men and had been "bush whacked" Foley who from their dress equipments and manner of approach, and other circumstances as detailed above suspected them to belong to the party of whom Capt. Fidler was in pursuit at once accused them of being Guerrillas and told them to leave. They dashed one some two or three hundred Yards further and met a Mr John Mouser who also took them for guerrillas, In a few minutes after they had passed Mouser, Foley having concluded it to be his duty to arrest them, came to Mouser & told him he felt confident the two men were guerrillas & he intended to arrest them, Mouser told him if such was his intention he had better call at his house and get his gun, which Foley accordingly did.

In the mean time the two Dickens had gone past Mousers house to Mr Chs Prewitts, one of them had dismounted and gone into the house and the other was setting on his horse, when Foley came up with the gun. Foley told Merritt Dicken who was setting on his horse in the yard, the he suspected him of being a Guerrilla and was going to arrest him as such and take him to town. Dicken replied that he was not.- that he was a Union man, Foley repeated that he was a Guerrilla and he intended to arrest him as such and demanded his surrender, Dicken refused, and Foley told him that he intended to take him to town and if he was all right he would not be hurt. Dicken still refused to surrender and Foley told him if he did no do so he would shoot him. Thereupon Merritt Dicken & Foley who had mounted the horse which had been ridden by the other Dicken started together in the direction of town.

After they had proceeded together some distance Dicken

stopped. Foley told him to go on but instead of doing so he turned & started of rapidly in another direction. Foley called to him several times to halt and finally told him if he did not, he would shoot, Dicken did not stop and Foley fired without effect. Dicken then sprang off his horse and ran back to Prewitts on foot. Foley reloaded his gun and pursued him back to Prewitts, where he again told him to surrender, that he should not be hurt, that he would take him to town to the authorities and if he was all right he would be liberated Dicken said he would surrender no more, Foley told him again to surrender. Dicken replied that he would die before he would surrender any more. whereupon Foley shot & killed him. Foley immediately went back to Mouser, and told him he "demanded of him as a loyal citizen and law abiding man to guard the house and not let the other Guerrilla Escape, until he (Foley) could ride to town & inform the authorities, He then went directly to town and informed Mr Merriman the Commissioner of the board of Enrollment. of what had been done, and that there was another Guerrilla in Prewitts house. some 8 miles from town, Cap^t Fidler and Capt Horten having both gone in pursuit of the Guerrillas. Mr Merriman with a small squad of soldiers rode out in company with Foley to Prewitts.

Before their arrival at Prewitts however the other Mr Dicken, who had been mortally wounded, had called on a Mrs Herington to witness his declarations in view of impending death, and informed her of their business in the Neighborhood, why they had gone to Rineharts- of the two men who met them there, Mrs Rineharts recognition of them of their both having been shot by these men- told her the name of one of the men who shot them whom he knew from description, and gave her a description of both of them

a postmortem examination of the body of Merritt Dicken disclosed the fact in corrobration of his brothers statement that he had recieved a pistol shot through his body inflicting a mortal wound upon him before he was fired upon by Foley.

On the following Monday the other Mr Dicken died of his wound, and Foley without any process of law as confined in jail until the ensuing Thursday when he applied to us for Counsel, We prepared in his name a petition for a Writ of "Habeas Corpus" and presented it to R. A. Burten presiding judge of the Marion County Court Who on the next day issued a Warrant of Arrest for Foley for the "Murder of Merritt Dicken" and on Tuesday Dec 16^th the Examination was commenced, During the whole of the ten days which had elapsed since the shooting of the two Dickens, no effort had been made to ascertain and bring to justice the two men who had actually Murdered them before Foley saw them, Nor has such an effort been made up to this moment, although they beyond doubt live in the neighborhood, and are probably members of the gang of thieves who had stolen Dickens Mule. Mr^s Rinehart who Young Dicken thought knew the two men was summoned as a witness by both parties on the Examination but failed to attend, No one has sought to turn aside the thin veil that drapes the realMurderers, The trial of Foley disclosed the facts substantially as we have stated them. We think we have stated them all and stated them candidly and fairly, not in the very words perhaps, but in substance as sworn to by the Witnesses. We may have forgotten some trifling particulars, but nothing we thing making any stronger against him, and perhaps some making in his favor- Upon these facts the Court held Foley to answer to an indictment for Manslaughter and fixed his bail at five thousanddollars!!

On the announcement of this decision although prepared by

by a variety of circumstances which need not be stated in this communication to expect no leniency for our unfortunate client we we were we must confess astounded, Considering the bail under all the circumstances as excessive beyond all reason, we moved for a reduction of it to an amount bearing some proportion to case, and to Foleys ability to give security, and proved by credible witnesses in support of the Motion that he was a poor laboring man, with but one relative in the state- a brother in law, and that their combined Estates were worth perhaps a thousand dollars. The Motion was overruled however and Foley sent to jail in default of bail in the sum of five thousand dollars!

Now Sir without impeaching the motives that dictated this Extraordinary judgement, without seeking to inquire into any of the secret influences that may have brought about this remarkable decision, We respectfully submit that in view of all the facts and circumstances attending this melancholy transaction. — the Excited condition of the public mind, the people every where looking out for the appearance of guerrillas at any moment- the fact that they had that very morning made a foray into Springfield only some nine miles distant — that the soldiers were in pursuit of them, that the two Young Dickens came upon Foley & his comrades in a wild & Excited Manner. at full speed- dressed in the usual garb of Guerrillas. with pistol belts & scabbards girded around them- one of them riding a rebel saddle, Merritt Dickens hesitating to surrender although assured he should not be hurt. his subsequent attempt to escape, and final absolute and defiant refusal to surrender although repeatedly assured by Foley that his intention was only to take him to town, and deliver him to the authorities, now in view of the utter absence of any conceivable motive that Foley could have had to injure them having never seen or

heard of them before, no candid unprejudiced mind can doubt for a single moment either that Foley had abundant and overwhelming reasons to believe the Young Dicken to be Guerrillas. or that he acted honestly and conscienciously in the discharge of what he concieved to be his duty as a good citizen. or that so far from being actuated by any unlawful motive he had in view the highest good of the community in which he lived, If he had good reason to believe and did in good faith believe the two Dickens to be Guerrillas then he had a right to arrest them and to use such force as was necessary to to accomplish that object. and was justifiable Even in Shooting Merritt Dicken if necessary to enable him to take him in custody, But granting that under the impulsive nature characteristic of his race. under the excitement produced by the peculiar circumstances of the case, and justified by the condition of the community Foley may have acted without due consideration, and that under the most rigorous letter of the common law he should be held criminally responsible for an honest mistake in judgment either as to the character of the Dickens or as to the amount and nature of the means necessary to effect their arrest. still the facts make this case precisely one of those for which the pardoning power was wisely vested in the Executive — a case in which the unyielding letter of the law might demand a conviction, but humanity and justice would require an acquittal. Free from any wrongful intent but acting as many a more prudent man would have done under the circumstances, had the Dickens proven to be really Guerrillas Foley would now be applauded as a hero, instead being denied even the privilege of bail and shut up in a felons cell.

Opposed from principle to a too liberal Exercise of the pardoning power, and appreciating as we ought the responsibilities that rest upon your Excellency in such matters we would not now trouble you with a solitary word upon

this subject, had his bail been fixed at anything within the bounds of reason. Had there appeared any desposition to bring to justice the real murderers, and not to make Foley a mere scape goat simply a propitiatory offering to the nemisis of the law, had his constitutional right to reasonable bail been ruthlessly stricken down, we would have been perfectly willing to rely ^solely^ upon a verdict for his justification confident that no jury under all the circumstances would have hesitated a moment in his acquittal, or if compelled by the rigid letter of the law to pronounce him guilty that they would have cheerfully recommended him as a proper object of Executive clemency. But considering the bail fixed by the Court as an outrage upon humanity and the law however honest and pure minded the court May have been, as friends of justice, and the interests of our Community, we have felt ourselves impelled to lay this Case before your Excellency and implore your pardon for one who has no other remedy against unnecessary and unlawful hardships- And Sir we beg leave to call your excellencys attention particularly, to some additional pecularities of Mr Foleys condition which especially recommend him to Your Mercy- virtually denied bail in defiance of the letter and spirit of the Constitution, he is now confined in jail exposed to the rigors of the present season and compelled to associate with those whose society must be revolting to the last degree, while his wife and four small children, comparitive strangers and dependent upon his labor for support must be thrown out upon the inclemencies of the winter without his comfort and assistance, and furthermore he has now no earthly chance to have his bail reduced to anything like a reasonable amount. The judge of the County Court has already passed upon the Case. and the judge of the Circuit Court from the distance of his place of residence, and the disturbed condition of

the Country is virtually inaccessible to him. We think therefore sir that if there ever was a case that called for Executive interference this is one. If Foley is to be immolated in this manner for doing what any good citizen would have done under the circumstances, and for which but for his unfortunate mistake in judgement he would have been merited and received the applause of the community while red handed murderers are permitted to stalk abroad without Molestation, then it is safer to be a Guerrilla and a cut throat than and honest and peaceful Citizen — If no private citizen has a right to arrest one of the gang which prowling through the country, filling it with larceny, robbery, arson and Murder, or if he attempts to do so when every appearance to the minutest particular seems to justify it, he must do so not only at the peril of his life and property at the hands of outlaws, but also at the risk of his liberty and constitution rights at the hands of the law officers of the commonwealth then the community ought to be fully apprised of it.

We are very respectfully
Your obt sevts
Hill & Knott

To his Excellency

Thos E. Bramlette
Gov^r of Ky —

Decr 21^st 1864

The warfare of guerillas upon citizens of Kentucky and especially upon discharged soldiers justly condemns every guerrilla to outlawry and death whenever wherever & by whomsoever taken. It is a matter of self defence upon the part of every citizen who slays a guerilla at any time as well as defence of Society. Due caution being used to avoid mistakes no one should be held criminally liable for killing one supposed to be a guerrilla where the surrounding circumstances are such as to produce the honest conviction, and thorough belief of the person slain being a guerilla. The facts in this case could not have Justified any other belief in the mind of Foley. He manifested a prudence and humane Caution in the whole proceeding- and should be rather commended than condemned for the prompt heroic patriotism of his motives and action No man who kills a guerilla should suffer if I can prevent ^it^ and when an honest mistake like the present is superinduced by the imprudent Conduct of the Slain- Executive clemency is equally deserving — A pardon of the offence ^charged^ is granted

Tho E Bramlette Govr

Marion County
vs
Michael Foley
Pardoned
21^st Dec 1864

application for Pardon of Michael Foley for killing Merritt Dickens