J. M. Combs to Thomas E. Bramlette

KYR-0001-004-1008.xml

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Citation
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Accession Number

KYR-0001-004-1008

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

BR11-57 to BR11-59

Place of Creation

Louisville, Jefferson County, Kentucky

Date of Creation

3 June 1864

Dates Mentioned

1864-02-08

1864-03-12

1864-03-21

1864-03-29

1864-04

1864-04-19

1864-05

1864-05-16

1864-06-03

1864-07-04

1864-08-06

J. M. Combs to Thomas E. Bramlette, 3 June 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR11-57 to BR11-59, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1008, (accessed April 19, 2025).

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To His Excellency, The Governor of Kentucky:

Your petitioner, J. M. Coombs, respectfully represents to your Excellency, that on the 8^th day of February, 1864, one John Smith, who then was, has continued to be and still is a resident of the State ^of Indiana^ but on a temporary visit to the City of Louisville, was brought before the Police Court upon a charge of drunkeness and disorderly conduct; for which he was required to give bail in the sum of $200. to keep the peace & be of good behavior for the term of three months from said date. That s^d Smith sent for your petitioner and desired him to become bound, as his surety on the bail bond, your petitioner being a resident of the City; this your petitioner was induced to do & did -- not for any fee or reward, but purely through friendship, & to relieve from imprisonment a friend in distress, who was away from home, & with whom your petitioner had long been acquainted, they having been raised boys together.

Afterwards, & before the Expiration of the three months, viz: about the 21 ^12^th^ March, 1864, said Smith came again to Louisville on business; and though otherwise a clever & Estimable man, he is unfortunately given to occasional sprees, especially when away from home; and on said 21^st ^12^th^ March, he was again brought before the police court on a charge of drunkeness & disorderly conduct; on the investigation of which, though your petitioner was not present to hear the testimony, yet he has understood it was shown then that s^d Smith
carried concealed a deadly weapon; wherefore he was ~~again~~ required to ~~bond~~ give bond in the sum of $100 to answer to an indictment for a misdemeanor; and his former bond, on which your petitioner had become bound as his surety to keep the peace and be of good behavior, was then, on said 12^th March, adjudged forfeited.

By reason of this forfeiture, a scire facias issued on the 21^st March 1864 against your petitioner and said Smith, and was served on your petitioner on the 29^th March 1864, commanding him to appear & answer thereto at the April term of said Police Court. Accordingly your petitioner appeared on the 19^th of s^d April to madke defense, but had the case continued on account of the illness & necessary absence of s^d Smith, who was then confined with Pneumonia at his home in Indiana. Your petitioner desired the attendance of Smith, to prove that it was no violation of law for him to carry concealed a deadly weapon, as he was a traveller & nonresident of the State of Kentucky; and therefore that no forfeiture should have been had on the bond on which your petitioner was surety. The continuance, as asked, was granted y^r petitioner, as before stated, & the case was continued to the May term of the Court, and on the 16 May was again called for trial -- Your petitioner was not present at said trial, being necessarily absent from the City on business; but believeding that his lawyer could as well defend the case without his
presence, as with it, if Smith were present to testify -- and if Smith were not well enough to be present, that a continuance could therefore be had, as the materiality of his testimony had been, at the former term, shown & the case continued.

But, so it was, the continuance being applied for, on said 16 May, by y^r petitioner's attorney, was not granted; though Smith was then still sick at home with Pneumonia & the case, so far as he was concerned was continued, and a judgment for the $200, on account of the forfeiture afs^d was, in the absence of your petitioner rendered against him on said 16 May, & a Capias there for is now in the hands of the officer -- And no judgment has yet been had on said bond as against Smith. Nor has any trial yet been had upon the indictment against s^d Smith for Carrying Concealed the deadly weapon -- and it has not, therefore, yet been determined by the verdict of a jury that there was any cause to justify the forfeiture of the bond.

In tender consideration, therefore, of the premises, your petitioner respectfully, yet Earnestly prays your Excellency to Extend to him your Executive Clemency, & to remit the portion of the Judgment debt aforesaid, which belongs to the Commonwealth. And, even when this shall be done, there will still remain near $100, counting the attorney^s 30 per cent, the officers Commissions & clerk's costs, which your petitioner will have to pay, and
which he can but illy afford to do -- for it is a claim he has incurred without any advantage to himself and purely to relieve a friend in distress & who, in truth, was by law justified in Carrying the Concealed weapon.

Your petitioner humbly prays & ever will &c
June 3^rd 1864.
J. M. Combs

I am Clerk of the Police Court and was when the matter treated of in the foregoing petition occured; It's true, and so appears from the record of said Court, as stated in the petition, that on the 8^th day of February 1864, the petitioner became bound in the bond as surety for Smith, that afterwards, on the 12^th of March 1864 said bond was forfeited, said Smith being then before the Court, on a Charge of Drunkeness & disorderly conduct, at which time he was required give bond in $100.00 to answer an Indictment for a Misdemeanor & that afterwards an indictment, which is still pending and untried was returned against said Smith for Carrying, concealed a deadly weapon,

It is also true, that a Scr' facias, issued against said Smith & petitioner on the forfeited bond of $200,00 on the 21^st of March 1864, and that no trial as to Smith has yet been had, on said bond, that the petitioner obtained a Continuance, of the Scr' facias on the 19^th of April 1864, that affidavits were presented showing said Smiths illness with pneumonia, & non residence, that at the next
calling of the case on the 16^th of May 1864, petitioner through his Council applied for a Continuance which was overruled, and Judgment on said day was entered on said Scr' facias against petitioner for the Amt of the bond to wit $200,00, That the matters on said Scr' facias, were continued and have not yet been tried as to Smith, nor as before remarked, has the Indictment against him for Carrying conealed a deadly weapon, yet been tried, that Case & the Scr' facias are still pending in this Court.

Yours Respectfully
Phil Tomppert Jr, C, C, C, L,
June 4^th 1864.

Louisville Police Ct
vs
John Smith &
&
J. M. Combs
Bail Bond
$200.

Remit

6^th Aug/64

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