Brutus J. Clay, II, Affidavit

KYR-0001-004-0597.xml

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Accession Number

KYR-0001-004-0597

Document Genre

Legal/Financial

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

BR9-449 to BR9-450

Date of Creation

19 March 1864

Dates Mentioned

1864-03-13

1864-03-19

1864-03-21

Brutus J. Clay, II, Affidavit, 19 March 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR9-449 to BR9-450, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-0597, (accessed May 29, 2024).

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To His Excellency the Governor of Kentucky:

Your petitioner Brutus J Clay states that on the 13^th day of March 1864, while approaching the Bridge En route for the city of Frankfort he saw a pigeon sitting upon the top of the Bridge house and out of mere playfulness threw a rock at it, and it accidentally struck the house without injuring it to any extent whatever & without injuring any person. Thereupon, and without any further provocation from him, Mr Gale, the Bridge Keeper, got a rock, advanced towards him, denouncing him, and threatened to strike him with the rock. Affiant told him that he must not throw the rock at him; but Gale not desisting immediately, & evincing a purpose to strike affiant with the rock, he (affiant) simply a in self defense drew a pistol to meet the threatened assault. Gale then desisted. Affiant did not use the pistol and had no purpose to use it unless neccessarily compelled
to do so. Gale & affiant were then summoned to answer a breach of the peace before John R Graham Police Judge of Frankfort. When the city atty became advised of the facts the case was dismissed as to affiant, who was next summoned to answer the charge of carrying conceled deadly weapons. Affiant was advised by the City Judge and the city atty. that it was best for him to confess judgment. Being inexperienced he followed there advice and confessed judg.^t for $50 before said Police Judge --

Affiant now appeals to your Excellency and states that he is not in the habit of carrying concealed deadly weapons is a mere school boy, and the way in which he happened the pistol referred to on his person is that he had heard older persons say (De and he honestly believed them) that it was unsafe for ~~[...]~~ persons to pass the bridge at night without being armed. He had the pistol for no other reason than this and was

not carrying it for any unlawful purpose He, therefore, asks respectfully that said fine be remitted. The city atty. has remitted his portion-

Brutus J. Clay.

Sworn to before me by Brutus J. Clay this 19 March 1864

John R Graham P. J. C f.

B. B. Sayre states that ~~the af~~ Brutus J. Clay is a pupil of his school -- is a well behaved young man, and Ihe hads no doubt that the statements above made by him are true & he hopes the fine will be remitted

B. B. Sayre

Sworn to before me by B. B. Sayre this 19 March 1864

~~B B Sayre~~
John R Graham P. J. C f.

We unite in the request that the fine be remitted

John M Harlan

Police Ct of Frankfort
vs
Brutus J. Clay
$50 --
concealed Weapons
21^st Mch 1864

Remit except fees & costs
Tho E Bramlette

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