To his Excellency B M^cGoffin Gov^r &c

Your petitioners B C Gist & L. P. Williams would respectfully state to your excellency that at the April term 1859. of the monroe Equity and criminal court the Grand jury found, a true Bill against them and John F Gerald for Gaming (and which they now say they were not Guilty) and at the same time an indictment was found by the same Jury against them and one Joseph Roberts and which they have submitted at the same time & the commonwealths atto with the Consent of the court ^at its^ dismissed the one against them in the case of the commonwealth against them and Said Geralds with the understanding that the same was to be dismissed against Gerolds and the records show said fact but they are sorry to state the Clerk of the court (W A Cheatham) was a drunken inattentive man to his business and still placed the case on the docket but no summons was ever served on petitioners till Just before last termApril term of said court when they were not able either of them to attend to the defense of the case and sent word to W. P. Witcher their attorney to attend to it for them and not giving him the facts in the case he submitted their cause and they through their inability to attend and & mistake to their surprise find that they were fined $20. each & the costs of suit and as they cannot now

obtain a new trial (see Stantons code of practice page 351 section 269) they here send their petition and a copy of the record and hope you will remit the sum and in due time they hope when they may be able to show the commonwealths attorney his Error he will release his fee

L. P. Williams
Benjamin C Gist

Commonwealth of Ky

We W. P. Witcher and B Gist state that ^statements of [...]^ the above & foregoing petition are true ^as sworn all portions to this^ May 6^th 1861

W P. Witcher
Benjamin C Gist

Sworn to and subscribed by Benj C Gist & W. P. Witcher this 6^th May 1861

N. T. Buckner clk

Monroe Equity & Criminal Court
April Term 1859
Commonwealth Plff
against } Gameing
Benjamin C Gist
L P. Williams &
John F. Geralds. Dfns

on motion attorney for the Commonwealth it is ordered that this prossecution be dismissed as to defendants gist & Williams

Copy Test
N. T. Buckner clk

I N T Buckner Clerk of the Monroe Equity & Criminal Court Certify that the foregoing petition shows the facts as pertains to the Records of this court. and that it would be just & right the prayer of petitioners be granted it is also. true the the said Cheathom was a very inattentive man to business nearly all of his time Drunk and placed the cause apon the docket which has caused the mistake as stated in the forgoing petition

May 6^th 1861

N T Buckner clk
{SEAL OF MONROE CIRCUIT COURT.
KENTUCKY.}

Remitted
B. M.

Monroe Eq. Ct
$20 each } Gaming
Gist and Williams
Iss^dMay 16 1861