Letter from Mississippi State Senator Jeremiah L. Davis to Mississippi Governor Charles Clark; February 27, 1865

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Letter from Mississippi State Senator Jeremiah L. Davis to Mississippi Governor Charles Clark; February 27, 1865

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People

Clark, Charles, 1811-1877 Davis, Jeremiah L.Dickey, John Gage, J. B.Golladay, Robert Pettus, John Jones, 1813-1867 Smith, J. O. J.

Events

Crime Crime--Assault and battery Crime--Intent to Kill Criminal Procedure Criminal Procedure--Indictments Military Events--Military discharge Military Events--Recruiting and enlistment

Military Units

Confederate States of America. Army Confederate States of America. Army. Mississippi. Infantry Regiment, 15th

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Circuit Courts Mississippi--Legislature Mississippi--Legislature. Senate

Occupations

Clergy Legal Profession--Lawyers Legal Profession--Lawyers. Public prosecutors Legislators

Places

Mississippi--Calhoun County Mississippi--Lowndes County. Columbus Mississippi--Yalobusha County

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Page 1

[seal]

Senate Chamber
Columbus Miss.
Feb. 27^th 1865

His Excellency
Charles Clark Gov. &c

Sir—

At the Fall Term of the Circuit Court of Yalobusha County ^1860,^ one John Dickey was indicted for an alleged assault and battery with intent to kill one J. O. J. Smith—Said Dickey gave bond, with one J. B. Gage, as surety, for his appearance at the Spring Term of said court in 1861—Dickey appeared from day to day but unfortunate-ly was taken ill with cramp colic on the night previous to the day upon which the case was called for hearing and consequently was absent, hence ~~good Judgment~~ ^a forfeiture was^ taken against said Gage upon Dickey's bond—Dickey appeared on the following day which discovered fully his disposition to submit himself to the decision of his peers in the premises—From representations made to me by said Smith, who was prosecutor, I am satis-fied the case would have been dismissed had said Dickey been present when the case was taken up—I am further satisfied, from the represen-tations of those who know Dickey best, that he had no such intentions as those charged.—that if he had, nothing could have been easier than their consum-mation—I would represent further that Dickey sub-

Page 2

-sequently ^and before the return terms of the Scite facias upon the forfeiture^ joined the Confederate army as a volunteer and remained in service as a private in the 15^th Miss regiment until discharged on account of phys-ical disability.

Mr. Gage is a minister of the gospel, and joined Dickey upon his bond for the reason that he believed him guiltless as charged,—He also performed his duty in the premises in having Dickey appear and would have succeeded completely but for the interposition of Providence—Robert Golladay, who was ~~counsel~~ ^solicitor^ at the time, ^wrote^ Gov. Pettus requesting him to remit the forfeiture, but heard nothing from the Governor; and upon an examination of the executive Journal, I find nothing has ever been done in the premises—The records of the Court have been removed to a place of safety, and never having been ordered back it is impossible to present your Excellency with a transcript. In view of the facts above stated and for other reasons not deemed necessary in this application I respectfully request your Excellency to remit the forfeiture by and with the ^advice &^ consent of the Senate.

Very Respectfully
Your Obt S'V'T

Jere. L. Davis
Senator for Yalobusha & Calhoun

Page 3

The State
vs
J B Gage

Application for remission of forfeiture