James J. Roberts to Thomas E. Bramlette

Accession Number

KYR-0001-004-1130

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

BR11-228 to BR11-229

Place of Creation

Kenton County, Kentucky

Date of Creation

3 August 1864

Dates Mentioned

--04

1862-03-11

1864-08-03

1864-08-17

1864-08-19

To His Excellency The Governor of Kentucky

The undersigned petitioners James J Robertson & Vincent Metcalfe would respectfully represent that at the last AApril term of the Bourbon Circuit Court Judgment was rendered against them in faver of the Commonwealth ^for four hundred dollars^ upon an forfeiture of a bail bond as bail for Vincent Metcalfe Jr who is under indictment in said Court. The facts are as follows — At the first term after said indictment the accused was here ready to stand his trial but no Court was held and soon after that ^he^ enlisted in the Service of the Government on a gun boat and at the last that was heard from him was still in said service. These facts were fully proven and the undersigned in open Court formally accepted the provisions of the act approved March 11^th 1862 entitled "an act for the benefit of soldiers in the armies of the State of Kentucky and the United States" (page 69 acts 61-62-63) The Court however gave the Judgment upon the idea that the term of that act did not embrace the character of service in which the accused was engaged. The undersigned wthout attempting to discuss the correctness of that Judgment would at least submit to your Excellency that the case comes unquestionably
at least within the spirit of the act and that all the reasons in favor of its adoption apply equally to this case They would respectfully petition for the remission of the Judgment

Vincent Metcalfe
Ja. J Roberts

State of Kentucky
Kenton County } S. S

Personally appeared before me a Justice of the Peace for the aforesaid County and made Oath that the above petition was true

Vincent Midcalf

Sworn and subscribed to before me this 3 day of aug. 1864

by [G R ]
J. P. K. Co. Ky

Paris Ky Aug 17^th 1864
Hon Tho E Bramlette
Gov of Ky
Dear Sir

The above petition sets forth truly the state of facts in
the case of Messr Metcalfe & Roberts I attended to the case for them and the proof was complete that the young man for whose appearance they were security was in the gunboat service of the Government. I thought myself that the act referred to in the petition ~~embraced~~ was applicable to their case and indeed had so much confidence in it that I would have taken it up but for the ^following^ facts ~~that~~ Judge Goodloe adjourned the Court over to a day when he expected to return here and close the term and took this case under advisement till thin. He was in the mean time taken sick and did not return but sent the Judgment in this and other cases he had before him by mail to be entered by a special Judge ~~who~~ In the absence of the Judge who tried the case — of Maj Downey the Commonwealths atty and of the witness who had gone home — and Just at the close of the Court. I found it impracticable to get up a bill of exceptions. I think the case is an eminently meritorious one coming at least within the spirit of the law and I trust you will remit the Judgment

Yours &c
J A Prall

Bourbon Cir Ct
vs
Robertson & Metcalfe
$40⁰⁰
Bail Bond
Remit
19^th Aug'/64

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