Charles L. Peyton et al. to Thomas E. Bramlette

KYR-0001-004-1175.xml

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Accession Number

KYR-0001-004-1175

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

BR11-307 to BR11-308

Date of Creation

17 September 1864

Dates Mentioned

1864-09

1864-08-07

1864-08-14

1864-09-17

Charles L. Peyton et al. to Thomas E. Bramlette, 17 September 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR11-307 to BR11-308, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1175, (accessed November 4, 2024).

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To His Excellency Thomas E. Bramlett,
Govenor of the Commonwealth of Ky,

Your Petitioners Say that at the present September (being a special term of the Montgomery Circuit Court.) John Peyton and Charles L Peyton both of Morgan County Ky, were seperately tried under 3 indictments found by a Grand Jury of Montgomery County Ky against them for horse stealing, & the Jury rendered a verdict of guilty against John Peyton fixing the whole period of his confinement in the Penitentiary at 4 years, -- The Jury could not agree and therefore made no verdict under the indictments against Charles L Peyton -- Since their discharge however it is ascertained that 7 of the Jury men in favor of acquitting & 5 for convicting him -- W^m J. Berry, & F M Lewis, two boys aged respectively 18 years of Morgan Co Ky. were indicted by the Same Grand Jury with the two Perrys for Stealing the Same horses -- the 4 horses that they are all charged with takeing were owned two of them by John Mark, one by Andrew Fesler & one of them by W^m Judy all of them of Montgomery County Ky, -- The two last cases were continued for want of time to try them, the circumstances of the whole matter as proven upon the ~~trial~~ two trials as above are as follows, About the 7^th day of august last the 4 horses above spoken of were taken from the farm of John Mark in Montgomery County Ky & on Sunday night the 14^th of the Same month -- a Squad of Federal Pickets belonging to the [ ] Ky Regiment of Cavalry were picketing the road near Morehead in Rowan County Kentucky
(Said Pickets belonged to a Scouting party) halted three men in the road viz John Peyton, Walter Young, and a man by the name of Morrison, who made his escape from them. The Military Retaining possession of Walter Young,) & the 4 horses of Mark, Fesler, & Judy, were found in their possession, The Military handed over to the civil authorities of Montgomery Co- John Peyton, Charles L. Peyton, W^m J, Perry, and F M, Lewis, & have recently upon their own account been released said ^Walter^ Young,

we refer to the proof as embraced in a "Bill of Exceptions" prepared for an Appeal in the case of John Peyton & filed herewith as to how they got possession of the horses, --

On the trial of Charles L. Peyton the Commonwealths Atty. failed to introduce any proof conducing to show that either Charles L Peyton, F M Lewis, or W^m J. Perry, ever had in possession either of the 4 horses belonging to & stolen from Mark, Fesler & Judy, or that they were ever with Young, -- Morrison & John Peyton. who were found in possession of Said horses, -- It is true that in about ³/₄ of an hour after the said John Peyton, Morrison, & Young, were halted as above Said Charles L. Peyton, Perry, & Lewis, came Rideing along the Road and were halted & brought into camp by Said Picketts -- but the "Bill of Exceptions" embodies the whole proof, Wherefore your Petitioners pray that Your Excellency will remit the charges against Charles L Peyton, W^m J Perry, & F M Lewis, and Reprieve John Peyton as they all
wish to join the "Federal Army" to assist in making up Ky's quota, &c

September 17^th 1864,

Jno W Hazelrigg
R, A Seaver
T H Probert jailor M. C
Asa Bedford Dept Sheriff
John Duckworth
L B. Grigsby

Charles, L, Peyton
John p. peyton
Wm Jasper perry
Francis, M, Lewis
Will H, Winn
Tho^s Turner
P C Bedford S. M C

< The accused >>

Montgomery Cir Ct
vs
John & Chas Peyton
Refused

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