To his Excelency the Governor of the Commonwealth of Kentucky,

your Petitioner Nathan Preston would respectfully represent that at the fall term of the Johnson Circuitcourt he was indicted f in two seperate cases for keeping a tipling house & for selling whiskey as a merchant without a license therefore, and at the Presant may term 1861, was found guilty on each indictment & fined the sum of $120, he says the facts & circumstances are these, in 1859, he obtained a license from the county Judge to keep a tavern & sell whiskey by the smalls, he was a merchant at the time & had his bar-room near the store house, he continued to sell under his license untill sometime in 1860, when it was reported that the legislature of Ky, had Passed an act extending the corporate limits of the the town of Paintsville, & to Allow the Citizens included in the lines to vote whether the county Judge should grant license for the sale or not, it was not difinetely Known whether the act had Passed Or not as we had not received a copy, but the County Judge in anticipation of the Passage went on & suspended the license of this Petitioner long before the vote was taken & before it was definitely known whether the act had passed or not, this Petitioner not believing that the legislature had the consitutional Power to Pass, an act

that would Prohibit him from selling under his license untill they had expired, & that the county Judge superseeded his authority by suppressing his license in anticipation of such an act, & was realy advised by Lawyers, that he would be Perfectly safe in selling under his license untill they expired, he went on & sold untill the vote was taken under said act, for which selling he was indicted for keeping a tipling house & fined as above stated,

he further charges that after his license had Expired he went on & sold whisky by the haflf gallon not to be drank on the Premises or adjacent Premises, & it was not so drank, but that he was a merchant at the time & did not Procure a license for the same, as he was entirely ignorant of the fact that the act made any difference between a merchant and other individuals, & was informed by lawyers that he had the Perfect right to sell by the half gallon without a license so to do, & went on & sold out what was in his bar-room when his license was suppressed as a tavern keeper, for which he was fined as above stated for selling whisky as a merchant without a license so to do,

he says that he was cautious in the matter least he might violate the law and never for the first time supposed that the law did not guarantee him

in all that he had done, he Positively avers that everything he done in the sale of the whisky was in ignorance of his real duty under the law & in strict obedience as he thought of the law itself,

Wherefore he humbly asks your Excelency to take cognizance of his case & remit all the Principle of said fines as he thinks the Payment of the costs will be a sufficient punishment for his ignorance

Nathan Preston

We the undersigned subscribers Joine in the Prayer of the Petitioner and ask that he be relieved from the Payment of the fines Except Costs, &c,

(NathPreston)

Johnson Cir. Ct

$120
2 Judg of $60 each } Tipling
N. Preston
Resp 12. Mo
Iss^dJuly 18 1861