Wesley Berry to Thomas E. Bramlette

KYR-0001-004-1015.xml

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Accession Number

KYR-0001-004-1015

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

BR[11]-67 to BR[11]-68

Place of Creation

Fleming County, Kentucky

Date of Creation

26 July 1864

Dates Mentioned

1864-03

1863

1864-07-26

1864-07-13

1864-07-30

Wesley Berry to Thomas E. Bramlette, 26 July 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR[11]-67 to BR[11]-68, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1015, (accessed December 22, 2024).

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To his Excellency Thomas E Bramblette Govr. Of the Commonwealth of Kentucky, your Petitioner Wesley Berry would most respectfully state to your Excellency, that at the last March Term of the Fleming Circuit Court, 1864, a Judgment was rendered against him, in favor of the Commonwealth of Ky. for $20. the penalty demanded by Statute, for a simple act of retailing Ardent Spirits without a Liscense. The fact and circumstances of the case were, about these: Some ^time^ in the year 1863, prior to the finding of the presentment against him, Esqr Hugh S Young and two or three others good law abiding reputable citizens of Fleming County, were out, on a certain Occasion on a fishing expidition, and called at his house and got a small Bottle of whisky, to use whilst in the water with their [scin] The object being an innosant and honerable one, he filled their Bottle without intending to violate the law He kept no Spirit to Sell by the retail, and only complied on this Occasion as a matter of accomodation He however regrets, the act and will try and do so no more, The amount though small is hard for him to raise, as he is poor having but little means. He therefore believes the facts of the case present strong and reasonable grounds for the interposition of Executive clemency. He therefore prays your Excellency to remit said fine, except cost & Officers fees, and in duty bound will ever prey

Wesley Berry

The petitioner Wesley Berry States that he believes the facts Stated in the foregoing are true

Sworn to before me by the Petitioner Wesley Berry this the 26 day of July 1864

T. T. Moore J. P. f. c.

W. T. Dudley clk cty court

Flemingsburg July 13^th1864.
To Govr. Bramblette
Dear Sir

I was present in Court when this case was tried, and believe the facts as proved ~~were~~are substantially setforth, and as no criminal intent was intended in furnishing the whisky, but simply as an act of accomodation I think you might safely remight the fine against the petitioner, and it would afford him considerable relief as he is poor. and is ignorant upon the subject of the law. I should be gratified if you could feel ^it^ your duty under the Circumstances to remit the fine He will have to pay a considerable portion of it any how, and the object of the law ^will^ be perhaps as fully subserved with sentiments of high respect I remain your obt servt

L, B, Cox Judge of the Fleming County Court

I have read the above and concur in the sentiments.

L M Cox by
L. B. Cox

I did not hear the case in court but if the fact as stated are beleieved by you as sustained I think that the case is such as calls for your clemency

Wm S Botts

Fleming Cir Ct
vs
Wesley Berry
$20
Tipling

Remit

30^th July/64

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