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Mt Sterling Ky. th 1864
His Excellency
Thomas E. Bramlette
Governor of Ky:
Your Excellency will pardon me for again troubling you in regard to a forfeited Recognizance now pending in the Powel Circuit Court, and the style of which is -- "The Commonwealth vs Wm Bowen and Stone". In my former communication I requested your Excellency to remit the whole of the forfeiture of the four Defts (one Deft is dead) amounting to $2000.
This forfeiture exists by reason of three of the Defts. having failed to appear at our Court- at all the other Terms since the Indictment was found these three have been ready for Trial -- and the other Deft. to wit Robt Wilbourne has never appeared. In my former application I represented as I then believed and as was then reported that the Deft Wilbourne was in the Union Army and somewhere in Tenn.. and I then made application for a remission as to the four. You in reply stated, and nodoubtveryproperly that if three of the Defts were now before the Court, and the fourth one in the Union army, then the Judge upon Trial had the right to remit the forfeiture upon sufficient defence, and hence you did not wish to interfere. In this application we do not ask, for a Release as to the whole of the forfeiture: but only as to the share or Bail of one of the Defts.
As to the other Defts they are before the
Court desiring a speedy trial, and we will be able to offer a good defences & excuse for their non-appearance at the one Term when they failed to appear. The one we ask to be remitted is that of Robert Wilbourne amounting to $500.
There is no doubt now but what said Wilbourne is somewhere in Rebeldom
This application is made before the Trial of the Forfeited Recognizance in order that your Excellency may remit the whole of it. As you are aware -- after Trial you could only remit the portion going to the Commonwealth
I enclose the Afft. of the ^Sheriff^ County Judge, and Circuit Court clerk of Powel, and also a Petition signed by the leading citizens of the county. I could have got any number of Petitioners, as the County speaks one voice in the matter, but did not consider it necessary.
I have no doubt you will consider ^it^ as it really is -- a Just & proper case for remitting the forfeiture as to Wilbourne in amount $500. Mr Bowen is a Union Man very respectable- law abiding, and has by reason of Principals going into Rebellion been compelled to pay a good deal of Security money. If your Excellency should remit the forefeiture it is desired that it be done soon as the Powel Court meets shortly, and that you communicate the result to me
I am
Your Obdt Servt
Wm Henry Holt
P. S. The style of the case is - - "Commonwealth vs Wm Bowen and Stone"