<title type="main">J. J. Martin to Thomas E. Bramlette

To his Excellency, Thomas BE Bramlette, Govr. of the Commonwealth of Kentucky,

Your petitioner Jeremiah J Martin, would most respectfully state and show That ^at^ the September Term of the Fleming circuit Court. 1863, he was by the verdict of a Jury found guilty of permitting unlawful gaming in his ^house^ charged in An Indictment found at a former term of said Court, And there upon, the court rendered Judgment against him for the sum of $200. the amount found by the Jury. He States that not withstanding the Jury found him guilty, he believes he was not guilty within the Meaning and intent of the Statute upon which the Judgment was had as the Offense was committed without his knowledge or consent, and he now believes that the facts as Stated upon the trial presents, a proper subject for the interposition of the your Excellency. The proof was substantially this: that at the time of the offense charged, there was a party given at his house, and there was a considerable collection of young people collected in, and, some gentlemen from Maysville, were there, and took lodging in a Room in the second Story of the house, and during the night some gaming was had in their Room the door of the Room being closed, and your petitioner was below and was not up stars that night, and did not know that any gaming was going on in the house And besides this, he had positively forbid any gaming of Any kind to be had in the house on the Occassion, all the witnesses made there statements, yet under the instructions of the Court, he was found guilty being required to Show that he had no knowledge, of the fact. And he thinks it a hard case, that he should

be compelled to pay this Judgment for the acts of others of which he had no contral. and his atty fail to prepare the case for an appeal, consequently he is left without any legal remedy, wherefore he prays, in view of all the facts of the case, thate interposition of your Excellency, and prays that you would remit the Same, He refers to the letters of Several gentlemen herewith enclosed, who have a full knowledge of the facts, of the case, and in duty bound will ever pray.

He further States that since the rendition of the Judgment he has been compelled to replevy the Judgt except the cost and attys fee which he has paid paid off, he hopes that your excellency will discharge him from this bond, as he is poor and he believes it unjust that he should pay it.

J. J. Martin

This day the petitioner Jerry Martin personally appeared before me, and L. B. CoxJudge of the Fleming County Court, And Swore to the ^facts stated in the^ fore going petition this the 25th day of Novr. 1863.

L, B, Cox

I was present at the foregoing trial and from the testimony -- the manner the Cause was disposed of, and the sworn statements of Mr Martin in the foregoing petition I recommend him to your clemency

Yours Respectfully, Wm H. Cord, atty at Law

John M Harbeson Clerk Fleming Circuit court

X I heard the trial of the Indictment against Jerry. Martin, for permitting gaming in his house -- The witnesses proved that cards were played in

Governor- I was not present at the trial and cannot say any thing about the testimony but from what the Petitioner has sworn to, I think it is a case for Executive clemency, and I would say that you ought in my Judgment to remit the fine-

very Respectfuly L, W, Anderson

I L B Cox Judge of the Fleming County Court. State that I was present and heard the trial, of this case, and can State that the facts are Substantially Setforth. The proof Showed that mr. Martin forbid the playing of cards, and that he was not upstairs that night, but he was found guilty from the peculiar phraseiology of the Statute and the instruction of the Court vs giving the law, mr Martin is poor. with a family depending on him for Support, And it is peculiarly hard on him if he has this sum to pay, I therefore believe that the case presents strong considerations for Executive Clemency, I hope therefore he may be discharged from the payment of same

Respectfully yours L, B, Cox

I have read the above letter of Judge Cox and although I was not present at the Trial, though from what can learn I have heard of the case, I concur with Judge Cox in his Statements

Wm T Dudley Clk cty ct

X an upper room of his house and the persons who knew of the game passed back and forth to the room, but no witness proved that Martin was in the room where the game was played that night or that he knew it- But the jury -- no doubt thought he ought to have known it and found him guilty -- I think under all the circumstances the fine ought to be remitted- There was a party at his house on the night

the playing took place and the witnesses all proved that Martin was engaged below stairs in waiting on his guests --

L. M. Cox