G. W. Dunlap, James A. Anderson, and L. Lusk to Thomas E. Bramlette

KYR-0001-004-1201.xml

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Citation
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Accession Number

KYR-0001-004-1201

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

BR11-346 to BR11-347

Place of Creation

Lancaster, Garrard County, Kentucky

Date of Creation

9 September 1864

Dates Mentioned

1864-09-09

1863-08

1864-02

1864-08

1864-08-31

1864-10

1864-09-12

1864-09

1864-09-14

G. W. Dunlap, James A. Anderson, and L. Lusk to Thomas E. Bramlette, 9 September 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR11-346 to BR11-347, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1201, (accessed November 5, 2024).

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Lancaster Ky.
9^th Septr 1864
To His Excellency. Govr. Bramlette.

The undersigned Saml Lusk, G W. Dunlap, M L Rice, & Jas A Anderson, would respectfully represent, that at the August term 1863 of the Garrard Circuit Court, they entered as the bail of one J W. Clarke, a soldier in the Federal Service, for his appearance at the ensueing Feby term of said Court -- that at said Feby term the recognizance was forfeited, summons issued on the forfeiture to Augt term 1864, which being served on said Dunlap & Anderson Judgment was rendered against them for the amt thereof, to wit $100. -- & execution for same is now in the hands of the sheriff of Garrard County dated 31^st of Augt 1864 returnable 4^th monday in October 1864

They entered into the recognizance under the following circumstances: Said Clarke had been tried at the August term 1863 of said Court, under an indictment for horse stealing, found guilty, & punishment assessed by the jury at 4 years imprisonment in the Penitentiary -- When Clarke was brought before the Court to be sentenced, being asked if he had any thing to say why Judgment should not be pronounced upon him, answered that he had, and thereupon stated the causes -- His statements were of such a strange and incoherent manner, as to convince the court, and most of those present that he was laboring under an aberration of mind or that his mind was in a strangely
disorganized state. and the Court unhesitatingly upon the motion of G W. Dunlap, attorney for the deft, and its own suggestion and the suggestions of members of the bar the undersigned among the number, set aside the verdict and granted a new trial -- thinking it might be necessary to hold an inquest over him, -- and placed his bail at $100. -- Clarke left shortly afterward & we think went to his Regiment, since which time he has not been heard of.*

<< I have seen him once since in Government employ --
S Lusk >

We believed at that time we entered into the recognizance that it was an act of Justice & Mercy to the said Clarke & we are still of that opinion. Besides it was very questionable to us, and many others at the time of trial whether Clarke deserved the punishment then about to be adjudged against him. --

We therefore respectfully ask the Executive clemency in the remission of the fine as afs^d. if compatible with public Justice.

Very Respy.
G. W Dunlap
Jas. A Anderson
S Lusk

Sworn to before me by G W. Dunlap Jas A Anderson & S Lusk 12 Septr 1864.

N Sandifer P, J, G, C ,C

{Revenue Stamp}

Garrard Cir Ct
vs
S. Lusk & others
Forfeiture
Remit
$100 --
14^th Sept/64

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