To his Excellency the Governor of Kentucky.

Your petitioner John M^cNichol respectfully states that one John M^cClosky was indicted in the Scott Circuit Court for murder & was committed to jail at the term subsequent to his arrest & indictment the principal witness for the Commonwealth & the only one by whom the atty was able to prove the killing was absent & the comth^s atty unwilling to rely upon circumstantial evidence had the case continued until the next term of the court & the prisoner remanded to jail — At the Nov^r term 1863 the witness was still absent with no prospect of the Comth being able to procure his attendance as he was in the army & the case was continued by the Comth^s atty as the prisoner had been in jail for one year, had 6 or 7 children, the oldest about 11 years of age, and there was no prospect of a trial, the court admitted him to bail in the sum of $400 with petitioner as his surety — M^cClusky was poor & being unable to employ counsel, the court assigned to his defense Hon Ja^s F Robinson & Ja^s B Beck who upon conference with him repested to the court that they believed him to be crazy-All these circumstances induced the court to admit him to bail & petitioner through sympathy consented to become his surety.

After he At the May term 1864 M^cClusky came to the home of petitioner at Lexington & procured a horse to ride to Georgetown to attend his trial. In a few days he returned the horse to petitioner & said his trial had been continued & petitioner supposed he had made his appearance until process upon the forfeited bond had been was served upon him. At the Nov term 1864 petitioner went to Georgetown on the first day of the court to make defense to the proceedings against him & was informed by an attorney that it was continued until the May Court 1865 & he came home. To his surprize in a few days the sheriff came to him with a capias & he then learned that judgment had been rendered — No jury business was done at the Nov term 1864. The Circuit judge met on Monday discharged the juries & did not return until Saturday & it was announced in court on Monday that all contested business would be continued. Petitioner respectfully asks your excellency to remit so much of said judgment as the law permits. John M^cNickle

The facts in regard to the indictment are correctly set forth, my only witness who could prove the killing by the accused, was recognised and failed to appear and in his absence I did not feel willing to try — the other facts I have no doubt are also correct.

Respectfully
W. S. Downey
Com Atty

John M^cClusky was poor & unable to pay counsel in the above named case & in the absence of the Counsel assigned for him I assisted him as a matter of gratuity in learning his witnesses summoned & from repeated conversations with him & many of his witnesses became pretty well acquainted with his case — I regarded him as sincere at the time the killing took place & insane the last time I saw him ^in May 1864^ — I am well satisfied that John M^cClorkys absence was without the knowledge approbation or consent of the sureties on his bail bond — As Gov Bramlette may not remember me I take the liberty of referring him to Hons Geo W Robertson J. F. Bullitt B. J.

Peters, Genl Combs, Genl John M Harlan & Col R. R. Bolling — I am an atty but aid in this case without fee or the hope of any — The party[ asked] this release is a poor hard working man — the remission prayed for by him is an act of simpe justice to him — M Polk
Georgetown Ky Dec 22 1864

Please address M Polk Georgetown Ky

John M^cNichols
To } Petition

Remit

Gov: Bramlette

1864 Decr 28
Presented to the Governor

Remitted
4^th Jany/65

M. Polk
Attorney.