Elizabeth Howard, Affidavit

Accession Number

KYR-0001-029-0064

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863

Item Location

R3-102 to R3-104

Place of Creation

Jefferson County, Kentucky

Date of Creation

26 August 1862

Dates Mentioned

1862-08-26

1862-05

1862-05-13

1862-09-04

1862-09-03

Commonwealth
vs } Affidavit
Lowdy Howard

Elizabeth Howard states that she is the mother of Lowdy Howard the defendant in the above case. She states that he husband died about twenty one years ago leaving her the care of five children all of whom ~~which~~ she, after many struggles with adverse fortunes, reared to be grown. But suddenly after twenty years of toil and hardship in their education and support three of her sons were snatched away from her by death — one by being blown up on a steam boat. The defendant in the above case was her youngest son and her only support in her old age. He has been industrious and affictionate to her giving her freely all his earnings to enable her to pay her rents & other family expenses.
In october last he enlisted in the army of the United States and was brought to the hospital wounded in April last where he remained about 3 weeks. Just as he was leaving the hospital to return
to his regiment he had the misfortune in company with some young companions to get into a difficulty at a Dutch drinking house. He was indicted for an assault and battery upon the keeper of the house before the Jefferson circuit court at its last term and sentenced to pay a fine of two hundred dollars and to be confined in the county jail two years He has now laid in jail four months. This affiant is old and feeble, having almost entirely lost her hearing. She is entirely dependent upon the labor of her son for support and appeals to the executive clemency in behalf of her son.

Elizabeth Howard

Subscribed and sworn to before me by Elizabeth Howard on 26^th day of Aug. 1862.

J. L. Clemmons
Notary Public for J. C.

We the undersigned citizens of Louisville join in the petition of Lowdy Howard and his mother for the Governers pardon.

J L Clemmons
Henry Wolford
A. W. R. Harris
Wm M Carrell

State of Kentucky
Jefferson Circuit court

May Term 1862.
May 13^th 1862.

The Commonwealth Plaintiff
against} Indictment Misdemeanor
Jeff Rogers, John Gray, George Ridgeway and Lowdy Howard Defendants

This day Came the Commonwealth by her Attorney, as also the defendants personally into Court. And the defendants filed their plea of not guilty to the indictment herein, and for their trial put themselves upon the Country, and the Attorney for the Commonwealth likewise. Wherefore to try the issue joined let a Jury come, and thereupon came a Jury to wit: Samuel Bullen, John Gill, James Timmons, E. J. Wilson, John Downing, Robert Fisher, Wm Nally Daniel Howe, J. Buchanan, W. E. Wlilton, A. J. Oldham, & Robert Goodall, who being duly elected tried and sworn well and truly to try the issue joined upon oath returned into Court the following verdict. We of the Jury find the prisoners at the bar, Jeff Rogers, John Gray Lowdy Howard & George Ridgeway, guilty as charged in the within indictment, and say, that they shall be fined two hundred
dollars each, and shall each be confined in the County Jail for the term of two years.

J. Buchanan foreman

It is therefore considered by the Court that the plaintiff recover of said defendants the sum of two hundred dollars each, and also the costs of their prosecution. And that the defendants be confined in the Jail of Jefferson County for the period of two years; And when said period of Confinement shall have terminated the defendants shall be retained in Confinement until the fine aforesaid is paid, but the period of such Confinement for the non-payment of the fine, shall not exceed one day for each two dollars of the fine. And then came the defendants by Council and simply moved to set aside the verdict and the motion being heard and the Court advised simply ordered said motion to be overruled.

A Copy Attest
James P. Chambers c

Comwth
vs
Lowdy Howard

Petition to the Governor

Respite the further execution of this judgt for 12 months from this date Sept 41 1862
J F Robinson
Iss^d Sept 3. 1862

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