To His Excellency Beriah Magoffin
Gov^r of Kentucky
Respected Sir

Your petitioners Fred Weimen & Charles Swartz, would state That at the Nov^r Term of the city court of Louisville a judgment by default was entered against both petitioners of $200 each for failing to ans^r when called, according to the conditions of their recognizance & now it is undertaken to collect s^d amt from them by capias satisfaciendum Your petitioner Fred Kesk Weimen was not in court at the first calling of the cause because there was an agreement that he might go on a trip to New Orleans as a coal boat hand &as he had been engaged previously, & might be back in time for trial, which he could not do the case was cont^d because of the absence of the Com^ths witness & at the next ensuing term all parties were present & Weimen

the deft, was fined $5.00, which he promptly paid together with the costs, & the counsel & petitioner supposed the whole matter was fully disposed of the counsel moved the court at the subsequent Term to dismiss the proceeding herein but the court thought the case was beyond its controul & over ruled the motion, in no wise controverting the foregoing statements, this is a case that calls for the interposition of executive clemency as right & justice is denied at law IWe pray y^r Excellency to remit the fine assessed as afs^d & we will ever pray &c

Fread Wyman for himself & bail —

Your Excellency I can say there was a distinct understanding between the Com^ths atty and Defts counsel that the forfeiture should be set aside when the Deft answered

to the Indictment which was done in all respects he p^d the Judgment of the court with the costs promptly but the case remained upon the Docket, the Deft being south for several months & the facts had been forgotten by me until yesterday, please remit his fine

Very respectfully
y^r obt serv^t
John Joyce

I, know the Petitioner paid the fine of $5 & the costs assessed agaisnt him on the Indictment — He now asks the remission of the Judgment against him on the recognizance, The arrangment between his counsel & the city atto was a private matter between them & I have no doubt is correctly stated by Judge Joyce as above

Geo W. Johnston

Petition