<title type="main">Francis M. Kennedy et al., Affidavit

State of Kentucky County of Kenton } ss

This affiant Francis M Kennedy notes that he was Forty six years of age on the 9th day of February 1865 and that he went into Captain G W Berry's Home Guard Company in Harrison County Ky in which company he was serving in 1862 -- and that where so acting -- William Clemens under orders of Captain Berry took a squad -- affiant and William Coson being a portion of the squad and as directed proceeded to disarm the disloyal inon Ravens & Crooked Creeks -- The squad went to William Webbs -- house -- having heard that his son James had hid there after the Morgan fight -- to recover from a wound -- It was also said that James had taken some arms home with him. The squad of seven among other placis called at William Webbs the father of James -- searched the home for James and his arms -- could find neither -- found only Columbus Webb -- and the old lady -- She talked badly and abusively to us -- until we were about starting -- she said "There sets Jimmy's gun behind the door -- you can take that if it will do you any good" Mr Clemens then stepped back into the house -- showed

the door to a little -- and took from behind it a double barrelled shot gun -- and remarked to the old lady, this gun will not be lost or mislaid -- It will be in the hands of Capt Berry -- and when things become more quiet or settled -- you can get it again" The gun was an old one and was not worth over five dollars at the outside -- This gun with 8 others -- and about the same number of pistols taken on the same Scout -- were delivered by Capt Berry's orders to Capt W. W Bradly of the 7th Ky Cavalry at Berry's station. Capt Berry moved the arms -- there was quite a large quantity in all -- to the town of Falmouth for safe keeping -- from which place -- those not placed in the hands of Union men for defense -- were taken away by Kirby Smith. All that he and Cason and Clemens did for which they are indicted is fully and truly set out in the above -- He appeals to His Excellency the Governor to release him from the Indictment -- before trial as were as his co-defendants C Cason & Clemens -- both of whom now reside in Indiana -- though the Summons has been issued upon Cason ^Clemens^ -- and as in duty bound he will ever pray -- that he may be

protected by the authorities of his government -- State and national from the vengeance and malice of rebels --

F, M, Kenady

State of Kentucky County of Kenton } ss

Personally appeared before me John F. Fisk a Notary Public in and for the county and state aforesaid Mr Francis M Kennedy -- to me well known -- subscribed and made oath to the above affidavit. In witness whereof I have hereunto set my hand and affixed my official seal this July 28th 1865

John F Fisk Notary Public for K. C, Ky

NOTARY PUBLIC KENTON COUNTY, KY. J. F. F. July 28/65

Provost Marshalls Office 6'- Dist Kentucky Covington July 29th 1865

This certifies that F M Kennedy late Special Agent of the U S. and attached to the Pro Marshals General 6 Bureau is & Ever has been an honest, straight-forward, & consistent Union man, as such I heartily reccommend him

Henry A Mitchel Major 17th Regt V R C & Actg P M 6 Dist -- Ky

State of Kentucky County of Kenton } ss

This affiant William J. Hume states that he is aged twenty five years -- that he is now a Merchant resident in the city of Covington in the County and State aforesaid -- and that he is well acquainted with Mr F M Kennedy -- who has been indicted in the Grant circuit Court by the name of Frank Kennedy -- in connection with William Clemmons -- and William Cason for taking a gun the property of one James Webb in the year 1862 in October Affiant said parties indicted and others were in the Kentucky Home Guard service of Kentucky or rather the other parties were then in said service but affiant had been -- and so continued until August 1862 -- a Home Guard Captain -- he then went ^into^ the 32d Ky Infantry first as Adjutant and afterward was Major Said Kennedy lived in Harrison County near the Grant line -- and he and the others indicted with him were in a Company of Home Guards Commanded by Captain G. W. Berry, afterwards Provost Marshall of the 6th District -- affiant was Provost Marshall also of Grant -- Said Berry had his com

pany headquarters at Berry's station in Harrison County -- They were armed by the U, S. Government -- with what were then called "Lincoln Guns" furnished to Ky -- through the kind offices of Garret Davis -- J. W. Menzies -- and others -- When Morgan captured Cynthiana the first said Berry's Company was in Lexington -- Col Leonidas Metcalf's men were defeated in Harrison County -- some killed -- others wounded -- some captured -- Berrys Guards under Genl Green Clay Smith -- followed Morgan -- and in and about Cynthiana captured some of Morgan's men. Shortly after this affiant was sent to Brig Genl Boyle -- to see what should be done with the rebels and their numerous sympathizers in Harriison County -- Genl Boyle verbally told me to tell Capt Berry to disarm all such persons in that region. I so informed the Capt -- and in a few days the order came to him in writing as he said. He then divided his men into squads -- directed them to take all the arms from rebels and those sympathizing with them -- and place them in the hands of Union men. As affiant was then informed the weapons taken were carried &

by Captain Berry's orders deposited at the house of Capt. W. W, Bradly at Berry's station. Bradly was in Metcalf's Regiment those persons indicted were all engaged as above. In fact the whole company were converted into active scouts -- Affiant knows William Webb and his son James -- mentioned in the Indictment -- and his sons George -- John -- Joseph and William and another younger one They were all disloyal -- James, Joseph and William started to go with the rebel service -- James and Joseph went in -- William turned back -- James was in the Cynthiana fight -- and was reported was wounded -- and went home -- Affiants men and Berry's men attempted to capture him -- and his weapons -- he escaped -- and Berry's men -- those indicted and others took a gun -- believed to belong to James and as ordered carried it to Berry's station Affiant knows that said indicted persons when they committed the above act which are the acts complained of in the indictment were serving Kentucky without pay -- and for which they have never yet been paid -- And as in duty and honor bound & to say -- he here says that, to allow these men to be punished for the above

through the means of the courts of the state would be a lasting dishonor of Kentucky

W. J. Hume

State of Kentucky County of Kenton } ss

Personally appeared before me John F Fisk a Notary Public in and for the county and state aforesaid. Mr W, J, Hume to me well known subscribed and made oath to the above affidavit. In witness whereof I have hereunto set my hand affixed my official seel this July 28/65

John F Fisk Notary Public for K C Ky

NOTARY PUBLIC KENTON COUNTY, KY. J. F. F. July 28/ 65

State of Kentucky County of Kenton } ss

This affidavit N. L. Hume states that he is a brother of W. J. Hume above -- affiant is now a merchant resident of Covington -- Until about five months last past he had resided in Harrison County Kentucky -- that affiant is well acquainted with the three persons mentioned in the above affidavit -- who are indicted in the Grant

Circuit Court, for feloniously taking a gun -- the property of one James Webb in 1862 -- Affiant was at that time with these three men a member of Captain G. W. Berry's Home Guard Company -- Affiant states that old William Webb -- and all his sons -- were then rebels and that three of them James among them went into the rebel army -- and that it was reported that James and Joseph were in the Morgan fight at Cynthiana -- and it was said James -- was there wounded -- and went home to his father's house -- after Morgan fell back -- Capt Berry -- wrote to me to tell William Clemens -- to take a squad of the Company -- and proceed to disarm the rebels and rebel sympathizers on Crooked creek and Ravens creek -- I told Clemens -- he went -- and among the squad were F. M. Kennedy -- and William ^Cason^ and some others were in the squad Said William Webb lived on crooked creek -- The squad went to Webbs and took therefrom a shot gun the one mentioned in the Indictment -- The arms were taken to ^Capt^ W. W. Bradley's at Berry's station -- Webb's among them -- fearing the rebels would get them

Capt Berry removed the arms to Falmouth in Pendleton County for safer keeping -- Some of them were placed in the hands of Union men for self protection -- The remainder were finally captured by Kirby Smiths men and taken away or destroyed -- When Smith came to Ky -- affiant -- not wishing to be caught with the letter aforesaid from Captn Berry -- tore it up -- It is Said that James Webb has recently returned from the rebel army -- Joseph Webb -- has been home about six weeks -- George Webb has been back nearly or quite one year -- Said Frank or F. M. Kennedy now resides in Covington -- He ^(K)^ acted as scout for the 118th Ohio -- in conjunction with Clemens -- and between the times he ^(K)^ served with Foley's Regiment -- and then went into the Provost Marshalls' employ -- of the 6th. Ky District -- and he continued until about the close of the War -- All the time faithfully serving the United States -- while Webb -- was in the rebel service -- Captain Berry at the same time disarmed the disloyal men -- generally -- in Harrison County -- some portion of Scott County -- Pendleton and

Grant County -- Webb lived just in the edge of Grant County -- near Harrison County -- Affiant saw the order from Brig Genl Boyle commanding the disarming of the rebels and their sympathysers -- This was necessary for the peace of that part of the State -- All that those three men did -- they did under military orders -- from Gel Boyle -- through Capt Berry. Those three men are all good citizens -- Cason is about twenty four -- and Kennedy ^and Clemens^ are now over forty six years of age -- Kennedy and Clemens -- were very active as scouts -- and received therefor the especial hatred and malice of the home rebels -- They worked entirely without pay all the time they were in the Home Guard service, nearly two years -- excepting the time they were with Foley & the 118t Ohio -- and damaged themselves greatly in a pecuniary point of view

N. L. Hume

State of Kentucky County of Kenton } ss

Personally appeared before me John F. Fisk a Notary Public, in and for the county and state aforesaid Mr N. L. Hume to me well known, subscribed and made oath to the above

affidavit. In witness where of I have hereunto set my hand and affixed my official seal this July 28th 1865

John F Fisk Notary Public for K. C Ky J F. F July 28/65

NOTARY PUBLIC KENTON COUNTY, KY.

Covington, Ky. Aug 3rd. 1865.

This is to certify that I have been intimately acquainted with Mr. F. M. Kenady since September 1862 and during that time has seen him moor or less Constantly in Connexion with the Provost Marshals Office in this City, in the transaction of business and during my active acquaintance I have never seen or known a dishonorable thing in him He is a Union man of the truest type, and his integrity is such that he Can as I believe be trusted to any extent or with any responsibility. As a Special Agent of the Provost Marshal Generals Bureau he always obeyed orders strictly, and I have no doubt he did the same when under Capt. G. W. Berry as a Home Guard or scout. I hope and trust that the Govenor will relieve him from the indictment named in these papers. The whol thing is simply the malicious attempt of the a virulent rebel to vent his hatred upon a Union man for nothing more than having done his duty under trying Circumstances.

E. P. Buckner Late Surgeon Board Enrolment 6th Dist. Ky.

To His Excellency Gov Bramlette. The undersigned respectfully state they are well acquainted with Mr F M Kennedy -- He is a good citizen -- a true gentleman -- and a firm Union man -- and ask that the prayer of the petitioner may be granted

July 28th 1865 John F. Fisk

Henry A Mitchel Major & Actg P. M. 6th Dist Ky E. P. Buckner Late Surgeon Board Enrolment 6th Dist. Ky. C A Preston Mayor of City of Covington T. L. Reed. Marshal of City of Covington

I Know Mr Kenady the petitioner, quite intimately -- became acquainted with him while I was Commissioner of the Board of Enrolment In the district he being at the time a Special agent of the Pro Marshal of the district It is no more than he deserves to say that I found him to be a most excellent man and a just, careful and Conscientious officer -- If he ever did anything wrong I am certain he did it through mistake with no evil intention whatever I join unequivocally in the prayer of this petition.

R A Athey Late Commissioner Board of Enrolmt 6th Dist Ky

Mr F M Kennedy is well known to me as an Honest faithful Man and what he done in obedience to what he believed to be his duty as a truly Loyal Man

A, H, Herod

Grant Cir Ct vs F. M. Kennedy Wm Clemens & Wm Cason Indicted for Felony Pardoned 19 Aug/65