Kentucky Penitentiary
August 26^th 1862
To His Excellency
J.F. Robinson Gov Ky,
Hon Sir

Having permission from E. Whitesides Esq^r to write to your Excellency I Take this opportunity to lay before you the particulars of my arest and subsequent Conviction to the Pent^y in a true and Honest way praying that your Excellency will peruse it with an Eye of Mercy and Extend your Clemency to a poor ering man whose Highest Hopes of Hapiness for Family and self has been blasted by the Degradation, In the beginning of the summer of 1859 I lived in Lockport Will Co I'll, (Where my Family now Reside) I Worked at the Ship & Boat building Trade there and was respected by all who Knew me Our trade Got Dull and Wages Low so I was forced to to leave there and seek

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Employment Elsewhere, I subsequently came to Paducah, Ky, and Immediately Got Employment on the Marion Railways at $2. ⁷⁵/100 cent p day through the agency of a man wo worked there as Foreman. Whom I Knew I had only worked a few days there when I was Induced to to go down on the levy to paint a Bar Room for a Man who made my acquaintance. & to my Great Sorrow and Destruction I Indulged too freely in the Intoxicating Drinks which were Retailed there and Hence My Misfortune.

I met with a Man named Cusack who said he had just came there and being Drinking and Drunk from the poisonous Drugs which we had taken we stayed out late until the shopkeepers Closed their doors, When we started for My Boarding House with the Intention that he should share my Bed and Hospitality Next day. He had an old Oil Cloth Bag Badly Rent

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and without a lock which Contain^-ed^ an old pair of Jeans Pants and an old Hickory shirt which he wore When Working on the Boats. (On the day after my trial I was told by a man that he sold a shirt that day that he was with me for one Dime and he said that all he was worth in the world was not worth $1,50) On the way between the Groggery & my Boardinghouse he staggered and stumbled so bad that I took the bag from him and Caried it until we came to the front door of my Boarding House. I Knocked but Received no Response so I told him to stay at the front and I would go to the Rear and Get in at A way which we had of going in and out of the house at night and I would wake up the Boy who slept in the Front Room and let him in

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I turned the Corner and he followed me but instead of turning as I did he kept on and fell over the Curbing of the sidewalk which was about two feet high at that place and Immediately Hollowed Watch Several times in succession, John Atkins night Watchman was on duty Close by and heard him and Immediately Came to the place — When I heard Atkins Coming I Crossed the street to where there was an old Coal Boat lying on the Bank and Also two old Gunnels as I did not like to be Seet out so late at night I stood and heard Atkins Ask what was the matter and Cusack told him that I knocked him down and took his bag from him — When I heard that I bethought of the Bag which I held in my hand and I threw in between

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the two old Gunnels then went Around the Coal Boat and Came Back to Where they were Atkins asked me what I had done and I said that I had done nothing of any harm as I Know of and he said Cusack told him that I Knocked him down and took his bag from him. Then I told Atkins the whole of the facts as Related Above and pointed out to him where the Bag was he took it up and Gave it to Cusack who went away and he took me to the Watchhouse where I Remained until Monday 10 OClock When I was brought before Police Judge Smedley who said he should discharge me as Cusack was not there to Prosecute and Was no where to be found — Atkins urged that I should be held over saying that he Could

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find Cusack Whereupon Judge Smedley Bound me over to the Circuit Court in the Sum of $500, Atkins stating that the things were worth over 4 Dols Being unable to Give Bail at the time I was Remanded to Jail where I was Kept until the August term, When I was treed and found Guilty of Larceny from the testimoney of Atkins Who Swore that the things were worth more than four Dollars

The Non Apearance of Cusack and the Bag to the Contrary notwithstanding

Cusack never Apeared I was told that when he Got sober he Regretted what he had Caused me to suffer and left the town never more to Return. He was seen no more there since

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I was sentenced to 4 years in the penitentiary because I had no Rebutting Evidence and had no money to fee a Council. I am now 3 years here the 18 Day of August besides the time spent in Jail which makes in All 3 years and 2 months Imprisonment As I hope for Justice from God this is a true Statement of my Case. Now I Apeal to your Excellency for that Clemency which you ar noted for, to restore me to liberty and to my suffering Family of Whom my Wife has been sick almost the whole time since my Conviction.

I being poor and a Stranger I Can Get no other petition than this Humble Scroll

And the Reference of M^r Whitesides to my Character and Conduct while under his Charge

By restoring the Father the Husband and protiecter to his Devoted Family Your Excellency will Confer the Greatest blessings Ever bestowed on poor Suffering Humanity for which your Humble petitioner and Family shall be bound never to Cease our supplications to the throne of Mercy for your Welfare and those of your Posterity

I Remain your Ever Devoted & Humble Servant
John Fleming

P.S. There are Divers reasons for which I Implore your Excellency to Pardon me now, and Cause me to be more urgent in my Request —

1^st the Imbecility of my wife and the thoughts of my Family Suffering through the Ensuing Winter Without any Provisions being made for their support

2^nd My Patriotism being Checked so Rigourously makes me mourn my liberty and the Sorrows of my Country I am a Strong Healthy active & Enterprising Man a Good mechanic and Artisan with a Good Pactical Knowledge of Naval & Military Duties. I am a Good Seaman A First Class ship Carpenter & Caulker and Now

My Country needs my Aid in the Hour of Her Calamity when I am Confined within the walls of a prison without being of much benefit to any man now I Implore your Excellency to take those things into Consideration that with your Clemency I may be Invigorated with new life,

I Remain Most Respectfully
Your Obedient Servant
John Fleming

Letter from J. Fleming in Pentary