<title type="main">G. S. Kimberly to Thomas E. Bramlette

Foster K.y Nov" 3d 1863 Hon Govenor K.y.

Dear Sir I have Just received your notice granting me a respite for twelve months on the payment of a fine of $200"\" assessed against me at the August term of the Bracken Circuit Court. for which allow me to express my thanks, and while I am sincerely thankful for your mediation thus far in my behalf allow me to say that I had hoped from the Statements of my case made you by my Neighbors in their Petition that you would have remitted entirely " So much of it as the power vested in you would permit

My case is a hard one, and I hope you will indulge me while I make you a true Statement of the case

The first day of October 1861 I Bought a Blacksmith Shop and lot in this place divided then as well as now into three Apartments a Blacksmith Shop a waggon makers Shop and a grocery room, The Grocery room being a lower or basement room of the waggon shop being a Black -- Smith by trade I have occupied the Blacksmith shope myself ever since I owned it the other two rooms I have rented especialy the Grocery room which I can here positively State has never been under my control only as rented one whole day from the 1st day of Oct 1861 to the 15th day of Feb 1863 and as this is where the gameing should have occured for which I was fined I call your attention particularly to this statement

the Truth of which I hold Articles of Agreement to prove,, the rentals being according to dates as follows. first,, from the 1st of oct 1861 to the 1st of Jan 1862 ^To V Metzger^. Second,, from the 1st of Jan 1862 to the 10st of March 1862 ^To S. P. Shafer^. 3d from the 10th of Mar 1862 to the 12th December 1862 ^To V Metzger^. 4th from the 12th December 1862 to the 15th of February 1863 ^To B, F, McGill^.

The prosicuting witness (for there was only one that knew or pretended to know any thing about the case. and he lived in Pendleton county at the time these things should have transpired) swore that on a blank day of September 1862 he saw three several games of cards played in this room for cakes and wine,, that he saw nothing else staked and would not swear to seeing more than 3 games played, upon cross examination he swore that at the time of the gameing a man by the name of McGill was attending to the Business of the house but that I was the proprietor which he proposed to Know from a certain conversation which he heard between McGill and I, in which he heard me tell McGill to make me an offer to give or take for the stock in trade but further stated that he did not hear the begining or the end of the conversation,

that any such conversation between McGill and I ever took place as regards any stock or trade held jointly between us I emphatically Deny as I never held any stock in any such trade either with McGill or any other man

the only evidence which I could Bring to be of any avail was my Articles of Agreement

only one of which my lawyer used and that being the being the Article between McGill and I which only covered time from the 12th of December 1862 to the 15th of Feb 1863, and my lawyer failing to use the Article covering time prior to the 13th December 1862,, (as you can see on page 2d) Thereby failing to meet the vidence upon which grounds the Jury gave its verdict

It can be plainly seen that the witness contradicts his own evidence else my statement contradicts is incorrect with regard to the rentals and dates but I can establish the correctness of my statements by the rentors as well as other substantial evidence so that his evidence stating that McGill was attending to business there in september is incorrect for McGill had nothing to do with the premises untill the 12th of December after the same having been under the control and possession of V Metzger for several months prior to the 12th of December 1862

all of which as I stated I can prove by the best of evidence which I think proves to a demonstration that I had no control or possession of the property when these things should have occured

and now allow me to hope that your Honor will again take this matter under consideration and that you may yet be induced by this statement Backed by the vidence of my Neighbors which you have in their petition to remit instead of Respite for twelve months and in thus asking you to remit the fine altogether I

Know that I ask you to do no wrong neither would I rather than ask you to do an injustice I would permit the last cent of my property to go

it is True I am a poor man. That I have to work hard throug These hard Times to make my family a comfortable though homely living and I would fain hope that my family might have the enjoyment of my hard earnings But as for me I care not for hardships, give me to know that I have done right, that I have wronged no man, that I have earned my living by the sweat of my brow,

let me Know that I have done the thing that is right and that I have done it like a man. and I will Trust to God to Truth and to the people fo my vindication and now again hoping for the sake of Justice and my Family that you will take the matter again under your consideration and that you will conclud to remit instead of respite for twelve months, and with many thanks I subscribe myse yours truly.

G. S. Kimberly