To his Excellency Thomas E Bramblett Gov. of the Commonwealth of Ky. your petitioner Samuel Mitchell would most respectfully state that at the last October Term of the Fleming Circuit Court, a Judgment was rendered against him for $50. in favor of the Commonwealth, upon an Indictment found by the Grand Jury at the September Term 1863, upon the evidence of John Rickets, for an alledged Assault made upon Said Rickets, about the first of September 1863, upon the trial the petitioner plead not guilty, but the jury found him guilty & brought in a verdict of $50. for which the Judgt was rendered, Petitioner was greatly Surprised at the evidence of said Rickets who Swore that the petitioner assaulted him as he was returning from court about the first of September 1863, with a drawn pistol, and threatened to shoot him-petitioner could have proved by other witnesses who were present ^when the difficulty occurred^ but failed to have them Summoned believing that they were Summoned for the Commonwealth, & was unable to get the case continued; yet he did not believe that Rickets would state what he did. He states that He was one of the Home Guard for his neighborhood, & it produced considerable prejudice, against him by the Southern rights men of whom Rickets was one, & going out from Town about the first of the Sept. Term of the Court 1863, he ^was^ overtaken ^by^ Rickets, & a dispute took place ^between them [...]^ Rickets & himself, & some harsh language was used & Rickets called him a liar several times, finally accused him of having a pistol & petitioner said he did have one & at the request of Rickets he drew the pistol from his left pocket with his left hand & held it up with the muzzle up & then put it in his pocket again, but made no assault

or attempt or threat to shoot or do said Rickets any injury — He only used two witnesses on the trial but they were some little distance behind when the difficulty occurred, & could not State Positively as to the assault. But there evidence conduced to show that no assault was made. He has taken the affidavits of several persons that were present, at the time all of whom Stated that no assault was made their affidavits are herewith filed as part hereof — Besides the damages or fine was excessive & showeds some under influence in some way. He States that he is poor & has a large family to support, & was compelled to replevy the Judgment, & it will soon be due & if not released by your Excellency he will be compelled to pay it & he says it is wholy unjust & he believes that the facts of the case show Strong grounds for the interposition of your Excellency.

Wherefore he prays the interposition of your Excellency ^that said fine be^ & remited said fine & except the fees & cost. in duty bound will ever pray.

To his Excellency To Thomas E Brambett.

Dear Sir I was present at the trial of this case & believe the foregoing petition shows the facts of the case. I believe the fine should be remittd as a matter of Justice to Mitchell He is poor & unable to pay the fine & support his family & he is a good Citizen & hope you may find proper to release him
L B Cox Judge
of the Fleming County Court

I think the fine in this case should be remitted
John M. Harbeson Clerk
Fleming Circuit Court

I so think,
W^m H. Cord

county atty,

Fromall I have heard of the case I think the prayer of the Pet^nr should be granted
W. T. Dudley Clk Cty Ct

I did not hear the case tried and have no knowledge of the facts of the case but if the Statements of the Affidavit are true I think the Fine Should be remitted
Wm S Botts

I fully concur with W. S. Botts in his statement
Tho^s S. Given

I fully concur with the clerk of the county
Jno. F. Fleming

Fleming Cir Ct
vs
S. Mitchell
$50
Remit
4^th Jany/65