<title type="main">Commonwealth of Kentucky v. William Boswell, 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 8 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-0001-004-1164 BR11-286 to BR11-290

Covington, Kenton County, Kentucky Covington, Kenton County, Kentucky 1864-08-03 Legal/Financial English Version 1 of page "10": Changes to page transcript. Version 0 of page "10": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "9": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "8": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "7": Changes to page transcript. Version 1 of page "6": Changes to page transcript. Version 0 of page "7": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "5": Changes to page transcript. Version 0 of page "6": Empty transcript -- probably initial upload of page facsimile. Version 0 of page "5": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "4": Changes to page transcript. Version 1 of page "3": Changes to page transcript. Version 0 of page "4": Empty transcript -- probably initial upload of page facsimile. Version 1 of page "2": Changes to page transcript. Version 0 of page "3": Empty transcript -- probably initial upload of page facsimile. 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.
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To His Excellency Thomas E. Bramlette Governor of Kentucky.

William Boswell, of Covington, states that at the Fall Term -- to wit Octo. 7, 1863 -- of the Kenton Circuit Court, he was indicted by the Grand Jury for "selling liquor to a minor. "

At winter Term for '63 the cause was contd. At the spring Term for 1864 -- to wit March 16th 1864 -- said cause was tried and petitioner found guilty as charged in the indictment; and fined $50 & costs.

March. 22nd 1864 Petitioner filed grounds for New Trial and affidavit, (a copy of which accompanies this petition.)

March 25, 1864 -- Motion for a new Trial heard and overruled; and petitioner asked an appeal to the court of appeals which was granted.

The proof, and the only proof, elicited on the trial of the cause aforesaid was that petitioner had sold some "ginger wine" to a young man not 21 years of age. (See accompanying proofs.)

Under the instructions given by the court the Jury found against petitioner. He thereupon filed grounds for a new

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trial (See grounds and affidavit of Isaac Sutton) Judge Doniphan decided that, in order to obtain a new trial the proof "should be that the ginger wine sold by petitioner contained no alcoholic or vinous liquor "; and overruled the motion: Whereupon plaintiff prayed an appeal to the Court of appeals. But the Costs of carrying such a case through the appellate Court -- there being only $50 involved -- determined petitioner to submit this case, as to the law and facts involved in it, to his Excellency Governor Bramlette.

The above is in brief a truthful recital of the facts of this case, copied from the records. The accompanying proofs and affidavits will substiantiate the allegations herein made. Petitioner has been charged with no other misdemeanor save the above; and he respectfully but earnestly solicits a remission of the aforesaid fine of $50.

Wm. W. Boswell State of Kentucky Kenton County --

Personally appeared before me Wm Boswell and made oath that he believes the statements in the foregoing petition are true=witness my hand this 22nd day of July 1864

R: Richardson Noty. Pub Kenton Co.

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Kenton Circuit Court

Commonwealth vs } Grounds of Motion for New Trial Wm Boswell

Defendant Wm Boswell moves the Court to set aside the verdict and judgment rendered in the cause herein, and grant him a new trial on the following grounds -- Viz;

1. The verdict of the jury was contrary to the law. 2 The Verdict of the jury was contrary to the Evidence adduced in said cause. 3 The Verdict of the jury was contrary to law & Evidence. 4. Defendant has, since the verdict in the cause aforesaid, discovered evidence in his behalf in the cause aforesaid, of which he knew nothing at the time said cause was tried, to wit the evidence of Isaac Sutton, that the drink or beverage known as "ginger wine" does not contain spiritous ro vinous liquors, or a mixture of either. Defendant was not apprized of the nature of the charge against him until the trial of the cause aforesaid, he did not discover he could prove facts he can now prove by Sutton until several hours after trial of said cause; no such evidence as that of Sutton was adduced on said trial; nor had defendant any knowledge of, or opportunity to avail himself of such evidence on said trial.

Wm Boswell

March 19, 1864.

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Commonwealth of Kentucky Kenton County

Personally appeared before me R: Richardson, a Notary Public in and for the county and state aforesaid, John E. Flinn, who deposed as follows. I was sworn as a witness, and testified in the case of the Comwth vs Boswell in substance as follows; --

"I was bar keeper for Mr Boswell, and had been so for about 2 years. A short time before the finding of the indictment in this case, Mr. Dan. Farrell and another gentleman came into the "St. Charles", Mr. Boswell's house. The gentleman called on Farrell to take something. They drank, Farrell taking some "ginger wine." Farrell, to the best of my recollection never drank but once, when he took the ginger wine. I am positive he never drank anything else in the house. The gentleman paid for the ginger wine drank by him, Farrell. I did'nt know Farrell was not 21 years old. He appeared to me to be 21 years of age. I have known him, however, but slightly."

I heard the testimony of Danl Farrell, witness for the Comwth, in the case aforesaid. He stated he was under 21 years of age. He likewise stated he had never drank anything else save

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ginger wine at Mr. Boswell's, or obtained it from any one else save myself. Never obtained anything from Mr Boswell.

There was no charge ever brought against Mr. Boswell, to the best of my knowledge, during the 2 years I was there, for committing a breach of any penal statute or in anywise violating the same, except in this ginger wine affair. Had there been I must have known of it. I can truly testify that Mr. Boswell is an honest, moral, and law-abiding man.

John Flynn

Subscribed and sworn to before me by John E. Flinn August 2, 1864.

R: Richardson Noty Public Kenton Co. Ky

R. RICHARDSON, ATTAY AT LAW & COMMISSIONER & noty. Pub. COVINGTON, KY.

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Also personally appeared before me Jas. Mc Laughlin, and made oath as follows;

I testified in the case of Comwth vs. Wm Boswell, in the Kenton Circuit Court, substantially as follows; --

That I was proprietor of the "Clinton Hotel" in Covington Ky. -- had been engaged in the sale of liquor &c &c for about 6 years -- had sold much of the drink or beverage known as "ginger wine" did not believe the same contained any spiritous or vinuous matter, or a mixture of either. Had know persons to drink large quantities of it, and not become in the least intoxicated. Had sold the pure article -- Had never manufactured it. An impure article might contain liquor in it; but this was not real ginger wine any more than an adulterated article, in which there was not a particle of claret was "claret wine". Believed "ginger wine" to contain no spiritous or vinous liquor, or mixture of either

James. McLaughlin

Subscribed and sworn to before me by James McLaughlin this 3d day of August 1864 R Richardson Noty. Pub. Kenton Co.

R. RICHARDSON, ATTAY AT LAW & COMMISSIONER & Noty. Pub. COVINGTON, KY.

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Also personally appeared before me Isaac Sutton, and made oath as follows.

In March last I heard of the decision of the jury in the case of the Commonwealth of Ky. vs William Boswell; and being somewhat astonished that a jury should fine a man $50 for selling "ginger wine", I made a statement & tendered my affidavit to Mr. B. as contained in his grounds of Motion for a New Trial.

I was engaged in the manufacture of the drink known as "ginger wine" for about 10 years. The ingredients used in its manufacture are extract of ginger, syrup, cayenne pepper and cochineal, the ^latter used for coloring^ It does not contain any the least alcoholic or vinous spirit or mixture, even a trace, of either. this I know of my own knowledge.

I have known manufacturers who wished to export the article to any great distance to put some spiritous liquor in it to prevent it from spoiling; but I never knew spirits put in any pure article of ginger wine for home consumption There also may be a spurious stuff palmed off on the public as ginger wine, and containing adulterations with spirits; but

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this is not the real "ginger wine" of commerce any more than stuff which is made out of logwood and other ingredients, can be called "Port wine"

Isaac Sutton

Subscribed and Sworn to before me by Isaac Sutton this 3d day of August 1864

R: Richardson N. P. K. C.

Kenton Cir Ct

Commonwealth vs. Wm Boswell Application for remission of fine
Remit Tho E Bramlette 5th Aug 1864