Fontaine T. Fox, Jr. to Thomas E. Bramlette

KYR-0001-004-0341.xml

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Accession Number

KYR-0001-004-0341

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR9-45

Place of Creation

Elizabethtown, Hardin County, Kentucky

Date of Creation

31 December 1863

Dates Mentioned

1863-12-31

Fontaine T. Fox, Jr. to Thomas E. Bramlette, 31 December 1863, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR9-45, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0341, (accessed April 20, 2024).

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Elizabethtown Ky
December 31^st 1863
Hon Thos. E. Bramlette;
Govr of Kentucky.
Dear Sir:

Some eight months since Wesley a Slave belonging to G. W. Smith, ~~[...]~~ accused of burning a barn and incarcerated in our County Jail to await Indictment and trial thereunder. The prejudice vs the boy was so great and so positively expressed and in a such a way as to prevent the holding the opposite opinion, that his Master believed him guilty and would not bail him. He has been twice tried. The first time, the Jury were dispersed by a raid of Guerrillas. The second time a verdict of 200 lashes was returned by the Jury. I desire a remission of part of the punishment say 50 or 100 lashes. The boy justly deserves this favor from Your Honor. The evidence vs him was purely circumstantial frequently conflicting upon Material points, and disclosed the complicity of white men in the crime. The evidence rested upon two setts of tracks -- the first at the burnt barn were almost invisible, the other, at his home, let his foot but he denied ~~[...]~~those in the fields and acknowledged those in the garden- they are contiguous fields -- one of the witnesses swore they were in a line and the same Witness swore on the first trial they were not and would miss each other [...] at either end then- Another swore virtually the same thing on the first trial and on the last they were Zigzag -- These witnesses had evidently yielded some little though unconciously to ^the prejudice in^ themselves, to
the neighborhood. I was the only Lawyer defending the poor negro. Govr Helm & Hon C. G, Wintersmith fortified the prejudice of the neighborhood by their presence in the case and assisted the comlth. Their name and presence and counsel had unusual weight with the Jury -- This is but a slight and cursory but I hope sufficient view to give an idea of the Case and show to you it worthy an exercise of Your executive clemency.

I am with great Respect
Your obt Servant
Fontaine T. Fox Jr

Hardin County
Refused

T E Bramlette

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