James Harlan, Jr. to Thomas E. Bramlette

KYR-0001-004-0577.xml

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Accession Number

KYR-0001-004-0577

Document Genre

Correspondence

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

BR9-411 to BR9-412

Date of Creation

30 March 1864

Dates Mentioned

1863-12-31

--02-08

1864-03-30

James Harlan, Jr. to Thomas E. Bramlette, 30 March 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR9-411 to BR9-412, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0577, (accessed April 22, 2025).

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To His Excellency the Governor-

Application is made for relief against a judgment rendered in the Police Court of Frankfort on the 31^st day of Dec 1863 against Gabriel Weitzel on a charge of selling liquor to a free negro. It grew out of an alleged sale of a dram to a free negro- He is cut off from an appeal to a higher court by the lapse of 60 days in which appeals are to be taken. This was caused by circumstances beyond his control, and attaching no blame to him- This oversight was caused.

1^st By the sickness in the family of the undersigned in his counsel, which was of such a charter as to keep him from his office or other business until the time had expired-

2^d Before the ~~expiration of the time~~ Judgment was entered in the case the sixty days had expired.

3^d No execution was issued in the case until about Seventy days after the trial and judgment.

Passing over many errors of law which appear in the proceedings of the trial, it is respectfully insisted that the judgment
is wrong. The defendant was prosecuted under a city ordinance. The city had no authority to pass the ordinance. It is repugnant to the statute and the laws of evidence.

1. It imposed a fine of one hundred dollars for selling a drink of liquor to a free negro. Whereas the revised Statutes impose a fine of not less than $20, nor more than $50 for selling a free negro liquor to be carried off in a vessel. Under the Revised Statute it is no offense to sell a drink to a free negro.

2. The city ordinance gives the informer one fourth and makes him a competent witness. Under the law and practice in this State an informer who gets a part of the judgment to be obtained upon his evidence is not a competent witness, because of his direct immediate and certain interest.

3. The city ordinance says that the fact of the informers interest shall in no wise invalidate his testimony. This deprives the jury of the right to judge of the credibility of the witness, and is an outrage upon the law, the jury and common sense. Under such a rule there is no safety. The citizen is at
the mercey of an [unleashed] witness. Public necessity or the zeal to protect public morals, however commendable, does not excuse or mitigate such an outrage.

There was no other testimony against the deft except of the informer or informers.

There is another case of the same kind, upon the same character of testimony, tried the 8^th February, in which Weitzel is prosecuting an appeal. But having been, cut off from this remedy for the reasons stated, he has no other recourse except to the executive- It was the purpose of his atty to prosecute the appeal. If he should fail in his appeal from the judgt of 8^th Feby he will have to pay at least one hundred and fifty dollars including fine and expenses.

This statement is made by his attorney because the facts are within his knowledge.

Respectfully
James Harlan Jr
March 30^th 1864-

Police Court of Frankfort
Comth
vs } Petition
Gabriel Weitzel

$100 --
Judgement herein referred to respited for six months
Richard T. Jacob

30^th Mch/ 64

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