W. H. Schmoddle to James F. Robinson

KYR-0001-029-0518.xml

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Accession Number

KYR-0001-029-0518

Document Genre

Petition

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

R4-323

Place of Creation

Covington, Kenton County, Kentucky

Date of Creation

6 August 1863

Dates Mentioned

1863-08-06

1863-08-15

W. H. Schmoddle to James F. Robinson, 6 August 1863, Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863, R4-323, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-029-0518, (accessed April 25, 2024).

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To His Excellency, James F Robinson--
Governor of Kentucky:

Your Petitioner respectfully represents that he is the Driver or Agent for C. W. Roback in the Sale of "Roback's Bitters", and was arrested while so employed in the City of Covington and fined $50 and costs. He showed a City License to C W Roback to peddle said Bitters in said city on which was an endorsement that Petitioner was the Agent of said Roback. The Magistrate however decided that no one but Mr Roback himself could drive the waggon and furnish said Bitters in said City, and differed with the City Mayor in the Construction of the City ordinance. Petitioner sends herewith the statements of the Mayor, Magistrate and Hon J F Fisk the acting County Attorney, who Join in the prayer of ~~[...]~~this Petitioner to have said fine cancelled and ~~[...]~~your Petitioner pardoned. Your Petitioner was tried before B Eggleston J. P, K C and it is admitted that if said magistrate decided the law correctly, that the offence was caused by the mistaken advice
of the Mayor who issued the License. The establishment of C. W. Roback is in Cincinnati, Ohio, and Petitioner acted as his driver in bringing over his Bitters to various persons in the City of Covington, and believed that under the License of Mr Roback which Petitioner carried with him, and on which was endorsed that he was the Agent of Mr Roback, that he was legally authorized to do so under the instructions of the Mayor.

Your Petitioner respectfully prays that said penalty or fine be cancelled by the exercise of the Executive Clemency. And your Petitioner will ever pray --
Covington August 6, 1863.

W. H. [Schmoddle]

I was acting for the County Atty in prosecuting the defendant, The facts are correctly set forth in the above. I am of the opinion that petitioner's employer was misled by the Mayor-- that had he not been informed that his driver could peddle under his employer's License & that the offense would not have bean committed hence I ask that the fine be remitted.

John F. Fisk

Wm. Shmoddle Pettn
fine remitted
J F Robinson

send John P. Harrison
Covington

Kenton J P Ct.
$50 } Peddling
Iss^d Aug 15 1863

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