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To His Excellency
Governor Bramlette
The petitioner Edward A Prior agent for the house of H. F. Alberti & Co of Baltimore Maryland, was arrested yesterday in Lexington as a Pedler, & on his own confession fined $100 -- & costs, by Hon C D Carr County Judge, under the amendment to Chap. 83. of Revised Statutes. which punishes all persons who sell or offer to sell goods by sample, as Pedlers. & the fined is fixed by subsequent act at $100. --. no discretion is allowed to the court.
Mr Prior's admission was the only proof. He states that he was agent for the wholesale importing House of Alberti &Co. & as such had in total ignorances of our law agreed to sell to George Lancaster a merchant in Lexington some goods by sample, on yesterday. as soon as he learned he had no right to do so he rescinded his agreement with Lancaster, & that was his only offence. The court considered him guilty under the law, & he paid $103. -- fine & cost. which the Judge holds subject to your Excellency's action. 1/4th of that goes to the attorney, & our Shf claim 1/4th of it as inform. The atty part is beyond the control of your Excellency, perhaps the inform. is, Considering it a case appealing to your Excellency's clemency. It is respectfully requested that you remit what you can of it. Mr Price has returned to Baltimore, I was his counsel & agreed to petition you
Jas B Beck
The facts stated in the above petition are substantially true, But we do not wish your Excellency to remit either the portion of the fine going to the atty or informed which is one fourth to each,
C D Carr Pres Judge F. C
W D Boswell co. atty
Fayette Co' Ct
vs
Edwd Prior
Refused
Remission
Refused