<title type="main">Commonwealth of Kentucky v. Gabriel Weitzel, Transcript Edition created from new transcripts of this manuscript. Initial upload of this work's facsimile images and metadata to FromThePage for editing Kentucky Historical Society Digital Collections Administrator of the CWGK Migration transcription project on FromThePage Kentucky Historical Society Digital Collections Kentucky Historical Society Digital Collections made 2 edits between June 21, 2025 and June 21, 2025. Dynamic TEI export from FromThePage (version 22.10)

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 November 11, 2025 Kentucky Department for Libraries and Archives Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867 KYR-0001-004-0579 BR9-419

Legal/Financial English Version 1 of page "2": Changes to page transcript. Version 1 of page "1": Changes to page transcript. Version 0 of page "2": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "1": Empty transcript -- probably initial upload of page facsimile.
1

The defendant asks the court to instruct the jury as follows:

1, That the jury must find the defendant not guilty --

Refused

2. That the defendant is Entitled to the benefit of all reasonable doubt as to the his guilt or innocence -- and it devolves upon the Com'th to prove him guilty beyond all reasonable doubt --

Allowed

3. That unless the jury believe from the evidence that the defendant Weitzel sold to John Berney the spirituous liquors mentioned by the witnesses for the Commonwealth, to be carried of in a vessel or vessels from the place of sale, they must find the defendant ^not^ guilty.

Refused

4. That it is no offense against the ^existing^ laws for a licensed Tavern Keeper to sell, give or loan to a free negro spirituous or vinous liquors, unless they are sold given or loaned to be carried off in a vessel or vessels from the place of sale_

Refused

5. That the jury must disregard Entirely the evidence of the witnesses Robert Aigie

Refused

6. That the jury have the right to weigh consider the whole testimony in the case

Allowed

2

and give such weight thereto as they may deem proper.

7. That if the jury believe from the testimony that the defendant is guilty of the charge contained in the warrant, they shall give him not less than twenty nor more than fifty dollars at their discretion. That in no event can the fine be $100 or exceed $50.

Refused

8. That the jury must exclude & disregard entirely the evidence of James Aigie

Refused

9. That if they beleave from the evidence that ^witness^ James Aigie is to share with Robert Aigie the part of the penalty given to the informer in Such cases as these and that he gave his testimony under the belief that he is to get a part of the penalty if deft is convicted, they must disregard his evidence Entirely.

Refused

10. The jury are not have the exclusive right to judge of the credibility of the testimony sworn by the two witnesses --

Allowed