Category Archives: Court records

Randon Record – Will of Ellen Ellmer

Random Record – State of Indiana vs. Horatio Turner

Fayette County, Indiana
Circuit Court Fall Term A.D. 1842
Complete Civil Order Book H: 12-13
State of Indiana vs. Horatio Turner

Transcription:

State of Indiana }
vs. }
Horatio Turner } Riding Race

Be it remembered that at a term of the Fayette Circuit Court began
and held at the Court house in Connersville, in the County of Fayette and State of Indiana,
before the Honorable James Perry president Judge of the Sixth Judicial Circuit of the Said
State of Indiana, and Edward Webb and Jeremiah A. Wilson Esqrs., associate Judges of the
said Fayette Circuit Court on the fourth Monday and twenty seventh day of September, in
the year of Our Lord One thousand eight hundred and forty one upon the oath of Sam-
uel Vance foreman, Ross Morrison, Thomas Jackson, James Kirkwood, Daniel Reimer
Samuel Martin, Joseph Bishop, Abraham Boys, John G. Eaton, George Scott, Evan
M. Bolton, Andrew M. B. Cole, John M. Layson, Manlove Caldwell, Andrew Kitchen,
John Williams, Payton Cook & William Dickson good and lawful men of the said County
of Fayette, who were empanelled and sworn as Grand Jurrors [sic] at the term aforesaid to
enquire within and for the body of the said County of Fayette, “It is presented that one Samuel
Brown the first day of June in the year of Our Lord eighteen hundred and forty one, with force
and arms at said County, did then and there knowingly suffer and permit his Mare to be seen
in a race commonly called a horse race in and [?] a certain public road and highway
then and there being. And the Grand Jurrors aforesaid upon their oath aforesaid, do
further present, That Horatio Turner, late of said County of Fayette, on the first day of
June in the year of Our Lord Eighteen hundred and forty one, at the County aforesaid with
force and arms, did then and there unlawfully and knowingly act as Rider of the said
Mare of the said Brown for and in said race so run as aforesaid contrary to the form of
the Statue in Such case made and provided and against the peace and dignity of the State
of Indiana—
M.M. Ray Pros. Atty.—
And afterward to wit: at a term of the Fayette Circuit Court, began and held at the Court
house in Connersville, in the County of Fayette and State of Indiana, before the Honorable James
Perry president Judge of the Sixth Judicial Circuit of the said State of Indiana, and Edward
Webb and Jeremiah A. Wilson Esqrs., associate Judges of the said Fayette Circuit Court on

[page 13]
on the fourth Monday and twenty sixth day of September, in the year of Our Lord one
thousand eight hundred and forty two—Samuel E. Perkins Esqr., Special prosecuting
attorney in this behalf now comes, and the Said Defendant in his own person comes also
and by their agreement this cause is submitted to the Summary decision of the Court
without the intervention of a Jury upon a plea of Guilty, whereupon the Court assess
the Defendant’s fine at Five dollars. It is therefore considered by the Court that the
said Defendant do make his fine to the State of Indiana, in the Sum of Five dol-
lars and pay the costs of this prosecution and State committed to the Custody of
the Sheriff until said fine and costs are paid or replevied & C.—
And thereupon comes into Open Court William D. Ross and acknowledges him-
self replevin bail and security for the payment of the above fine and all costs in
this behalf according to Law.—

©2017 transcription by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/11/13/random-record-state-of-indiana-vs-horatio-turner/

Random Record – Indiana vs. James Nesbit

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Fayette County (Indiana) Civil Order Book F: 4 (Image courtesy of FamilySearch.org)

State of Indiana vs. James Nesbit
Fayette County, Indiana
Civil Order Book vol. F: 4
Spring Term 1845

State of Indiana }
vs. }
James Nesbit } Illegal Voting

The Prosecuting attorney in this behalf now comes
and the said Defendant in his own proper person comes also, and by
their agreement this cause is submitted to the Summary decision of the
Court upon the Defendant’s plea of Guilty—thereupon the Court assess his
fine in the sum of Five Dollars—It is therefore Considered by the Court
that said Defendant do make his fine to the State of Indiana, in the
sum of Five Dollars, and pay the Costs of this prosecution and stand Committed
to the custody of the Sheriff until said fine and costs are paid or replevied [1]—
thereupon comes into Open Court John Little and acknowledged himself
Replevin Bail and Security for said defendant for the payment of said
fine and Costs according to law.

[margin note]

Fine paid Co. Treasurer as per Receipt of
Auditor—July 17^th 1845—F. B. Thomas Clk.

[1] past tense of replevy —to take possession of goods or chattels under a replevin order

© 2017 transcription by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/11/06/random-record-indiana-vs-james-nesbit/

Random Record – State of Indiana vs. Henry Myers

2 Replies

Fayette Circuit Court, Complete Civil Order Book vol. A: 281 (Image courtesy of FamilySearch.org)

Fayette County (Indiana)
Circuit Court, Complete Civil Order Book vol. A: 281-282

State of Indiana }
vs. }
Henry Myers } On an Indictment for Larceny

Be it remembered that at the term of said
Court begun and held at Connersville in and for the said County of Fayette before the
Honorable the Judges aforesaid in Monday the nineteenth day of March A.D. 1821
By the oath of Stanhope Royster, foreman, David Melton, James Groendyke, Robert
M^cCormick, Ephraim Myers, Noah Pumphrey, John Melton, Joseph Justice, John
Hughes, Alanthn Curtis, Joshua Heizer, Moses Lockhart, Samuel Harlan and Wil-
liam Legg good and discreet householders of said County of Fayette It was presented
as follows to wit “State of Indiana Fayette Circuit Court in and for the County of
Fayette in the said State of Indiana of the term of March in the year of our Lord
one thousand eight hundred and twenty one Fayette Circuit Fayette County SS.
The Grand Jurors for the said State of Indiana impannelled and sworn in the name of and
by and under the authority of the said State of Indiana in the said Fayette Circuit Court
and in and for the Bod of the said county of Fayette upon their oath presen that Henry
Myers late of said County of Fayette wheelwright on the twenty seventh day of
December in the year of our Lord one thousand eight hundred and twenty with force
and arms at the County of Fayette aforesaid and within the jurisdiction of the said
Fayette Circuit Court three pair of cotton stockings of the value of three dollars
and seventy five cents of the personal goods of Jonathan Keny and John Tucker
and one silk shawl of the value of six dollars of the personal goods of the said
Jonathan Keny and John Tucker then and there being found feloniously did
take steal and carry away contrary to the form of the statute in such case made
and provided and against the peace and dignity of the said State of Indiana.
And whereas afterwards to wit at the Term of our said Court and on Tuesday
the second day of said term came as William W. Wick Esquire Attorney prose
-cuting the pleas of the State of Indiana and the said Henry Myers in his own
proper person who being arraigned upon the Indictment aforesaid and the same
being read to him and being demanded of him how he will acquit himself
for plea thereto he saith he is not guilty in manner and form as he stands charged

Fayette County Circuit Court, Complete Civil Order Book vol. A: 282 (Image courtesy of FamilySearch.org)

[page 282]

therein and for trial thereof, he puts himself upon the County and the said prosecutor each so [?]
and thereupon the Sheriff, as he is commanded, brought into Court the following panel of good and
discreet householders of his Bailwick, to wit “Joshua Jones, Elnathan Cory, Jonathan Coleman
James Brownlee, James Dale, Jonathan John, Philip Louderback, Asa Harper, Basil Roberts
Enos Harlan, William Vardeman nd Robert Knowlton who being elected tried and sworn
the truth to speak upon office joined afs’d upon their oath afsd do say and said the following
verdict to wit “We the Jury so find the defendant guilty as he stands charged in the within
Indictment, that the property stolen and spedified in the within Indictment has not been
restored, that the property stolen as specified in the within Indictment is of the value of nine
dollars and seventy five cents. We do further find that the within named Indictment defendant
make his fine to the State of Indiana in the sum of nine dollars and seventy five centers and that
he receive one stripe and that he pay the costs of prosecution” And thereupon the said defendant
by his counsel moved the Court for a new trial in the above cause for reasons then and there filed
to wit “1^st That the verdict is contrary to law, 2^dThat the verdict is contrary to evidence”
which reasons being seen by the Court and due deliberation thereon had. It is therefore considered
by the Court that Henry Myers the defendant aforesaid for the offence afs’d by him as afs’d
committed so make his fine to the State of Indiana in the sum of nine dollars and seventy
five cents and that he receive on his bare back one stripe and that he pay the costs of
prosecution and the said defendant is recommitted to the custody of the Sheriff
the Court recommend the said defendant to the mercy of the Governor of this State for a
full and general pardon.

© 2017 transcribed by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/10/31/random-record-state-of-indiana-vs-henry-myers/

Random Record – Samuel Port application to become a citizen

2 Replies

Fayette County (Indiana) Civil Order Book D: 201 (Image courtesy of FamilySearch.org)

Fayette County (Indiana)
Civil Order Book D: 201
September Term 1839

Samuel Port }
Exparte— } Application to become a citizen

And now at this day personally comes into
Open Court Samuel Port aged forty six years who is a resident of the
County of Fayette. Who being duly sworn upon his solemn Oath Saith that
he was born in the County of Derry in Ireland, that he sailed from
Liverpool On the 8^th of May 1839—And landed in the city of Phil-
adelphia On the 8^th day of June of the same year, that he now
resides in the County of Fayette Where he has resided since about
the first of August last, that it is bonafide his intention to become
a citizen of the United States, And that he hereby renounced all Allegiance
to any foreign Prince, Potentate State or power. And more particularly
Victoria the present Queen of the United Kingdom of Great Britain
and Ireland.—

©2017 transcribed by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/10/30/random-record-samuel-port-application-to-become-a-citizen/

Random Record – State of Indiana vs. William Scott

1 Reply

Fayette Circuit Court, Complete Civil Order vol. A: 58 (Image courtesy of FamilySearch.org)

Fayette County (Indiana)
Circuit Court Complete Civil Order Book A: 58-59
Spring Term March 1820

State of Indiana }
Vs. }
William Scott } On an Indictment for an Assault & Battery on the body of Silas Thomas alias M^cName

Be is remembered that heretofore to wit, at the term of the Fayette circuit
court began and held at Connersville in and for the county of Fayette be
-fore the Hon. John Watts Esq. circuit and presiding Judge and the Hon.
Edward Webb and Train Caldwell Esq^s Associate Judges of said court
on Monday the sixth day of September A.D. 1819 by the oaths of
John Bradburn foreman, Jonathan Bishop, Daniel Heaton, Moses
Prewitt, William Gossett, Forest Webb, Lewis Noble, John Grewell, James
Haughan, Timothy Orr, William Harreld, Thomas Green, Gabriel Ginn
Charles Royster, Jacob Rees, Jesse Webb, Thomas Simpson and Silas

Fayette Circuit Court, Complete Order Book vol. A: 59 (Image courtesy of FamilySearch.org)

[page 59]

Pumphrey Sworn as grand jurors and charged to inquire in and for the
county aforesaid and in behalf of the State of Indiana. It was presented
as follows to wit: State of Indiana, Fayette Circuit Court, in and for the
county of Fayette aforesaid, of the term of September in the year of our Lord, one
thousand eight hundred and nineteen, Fayette County, Fayette Circuit S.S.
the Grand Jurors for the said State of Indiana impannelled and Sworn in
the name of and by and under the authority of the said State of Indiana, in
the said Fayette Circuit Court, and in and for the boy of the same county
of Fayette, upon their oath present that William Scott late of the county of
Fayette aforesaid, laborer, on the fifteen the day of April in the year of our Lord
one thousand eight hundred and nineteen at the county of Fayette aforesaid,
and within the jurisdiction of this Circuit Court aforesaid, with force and
arms in and upon one Silas Thomas alias M^cName, an Indian, in the peace
of the said State of Indiana, then and there being, did make an assault and
him the said Silas Thomas alias M^cName did then and there beat, wound
and evil treat and other wrongs to him the said Silas Thomas, alias M^cName
then and there did contrary to the form of the Statute in such case made and
provided and against the peace and dignity of the said State of Indiana.
and whereas afterwards to wit, at the term of said Court, began & held
at Connersville in and for the county of Fayette, before the Hon. Miles
C. Eggleston Esq. Circuit and presiding Judge in the said third circuit and
the Hon. the Associate Judges af’d, on Monday the 20^th day of March
1820 then came as well William W. Wick Attorney prosecuting the pleas
of the State of Indiana in this behalf, as the defendant aforesaid, Wil-
liam Scott who now moved the Court to quash the indictment afore
said for reasons then and there orally shown: which reasons being
heard by the Court, and due deliberation thereon had. It seems to
the court now here, that the said Indictment is insufficient to main-
tain the action af’d and that it be therefore quashed. It is therefore
considered by the Court, that William Scott the defendant af’d as
to the indictment af’d, do stand thereof discharged and do go there of
hence without day.

©2017 transcription by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/10/29/random-record-state-of-indiana-vs-william-scott/

Random Records – Samuel Port a Foreigner

1 Reply

Fayette County (Indiana) Civil Order Book D: 397 (Image courtesy of FamilySearch.org)

Fayette County, Indiana
Spring Term 1841
Civil Order Book D: 397

In the matter of }
Sam^l Port a Foreigner }

Samuel Port a native of Ireland in the Kingdom of
Great Brittian now comes into open Court and files a decla-
ration of his intention to become a citizen of the United
States as follows, under oath, to wit, “And now at this day
to Wit, 9^th day of April 1841 perally comes in open Court
Samuel Port Senr. aged seventy one years, who is now a resident
of the county of Fayette, who being duly sworn upon his oath
saith that he was born in the county of Derry in Ireland,
that he sailed from the port of Belfast on the first day of June
1832 and landed in the City of Baltimore about the first day
of August in the same year, that he now resides in the coun-
ty of Fayette where he has resided for at least eight years that
it is bona fide his intention to become a citizen of the United
States, and that it bona fide his intention to renounce all al-
legiance to any foreign prince potentate state or sovereignty what
soever and more particularly to Victoria Queen of the United
Kingdoms of Great Brittian and Ireland
Sworn to & subscribed in open Sam^l Port
Court this 9^th April 1841

G. Ginn Clk F.C.C.

©2017 transcribed by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/10/23/random-records-samuel-port-a-foreigner/

Random Records – Indiana vs. James Reed

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Fayette County (Indiana) Civil Court Order Book G: 106-107 (Image courtesy of FamilySearch)

Fayette County (Indiana) Circuit Court Order Book G: 106

Fayette (Indiana) Circuit Court Spring Term 1850 7^th Day 15^th
State of Indiana }
vs. }
James Reed } Procuring Abortion

Comes now the state of Indiana by [?] J. Burrows the pros. atty. and the defendant comes in his own proper person and being arraigned before the Bar of this Court and it being demanded of him how he will acquit himself of said Indictment for plea there to says he is not guilty. And thereupon comes a jury to wit, A.F. Martin, Angelo Bennet, John Swift, H. N. Burgoyne, Levi Edwards, Daniel Cashner, Enos Carter, Josiah Piper, Levi Pike, Archilles Backhouse, John Stoops & William Moffat.
Twelve good and lawful men citizen householders of the County – who being elected tried and sworn, the truth to speak between the parties on the issue joined – after hearing the testimony, the argument of counsel and the charge of the Court, retire, in charge of a sworn officer to their chamber for deliberation. And after a deliberation of some thirty hours, failing to agree upon a verdict, by agreement of parties the jury are discharged and this matter is continued. And thereupon come into open Court the deft. James Reed and John Reed Sen. and acknowledge themselves each to owe and be indebted to the State of Indiana in the sum of two hundred ands dollars to be levied of their respective goods and chattels lands and tenements if default be made in the condition following that is to say that the said James Reed do, shall be and appear before the Judges of our Fayette Circuit Court on the first day of the next term thereof then and these to answer to an Indictment for procuring an abortion, and not depart without leave of court

The defendant – two possibilites:

James Reid, age 26, born in Indiana, living with a John (77) and Elizabeth Reid, in Columbia Township, farmer

James Reed, aged 16, born in Indiana, living with a John (49) and Margaret Reed, in Orange Township

Bondsman:

John Reed, Sr. – either of the two above mentioned Johns, likely James’ father. There is a third adult John W. Reid, age 25, but he is unlikely to be referred to as “Sen.”

The jurors:

A. [Archibald] F. Martin, age 34, born in Ohio, resident of Orange Township, occupation Lumber
Angelo Bennett, age 54, born in Delaware, resident of Orange Township, farmer
John Swift, age 43, born in Ohio, resident of Connersville Township, farmer
H. [Horatio] N. Burgoyne, age 51, born in Virginia, resident of Columbia Township, sawyer
Lewis Edwards, 38, born in Pennsylvania, resident of Jennings Township, farmer
Daniel Cashner [possibly Kerschner], 49, born in Pennsylvania, resident of Harrison Township, farmer
Enos Carter, age 54, born in Virginia, resident of Orange Township, farmer
Josiah Piper, age 48, born in Kentucky, resident of Harrison Township, farmer
Levi Pike, age 29, born in Ohio, resident of Columbia Township, farmer
Archilles Backhouse, age 40, born in Ohio, resident of Jackson Township, farmer
John Stoops, age 48, born in Kentucky, resident of Connersville Township, farmer
William Moffat, age 36, born in Pennsylvania, resident of Orange Township, farmer

Information gleaned from the 1850 census records of Fayette County, Indiana.

Random Records – Circuit Court Case from 1837

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Fayette County (Indiana) Courthouse, 1920 (Image courtesy of the Indiana Historical Society)

I love court records! They provide so much more information than the standard birth, marriage, death, and census records that many budding genealogists cling to. Typically these records are not found online (yet!). I access court records at my local Family History Search Center. And if one happens to live close to a local court house, even better!

How do you know if your ancestor was a nice guy? Census and vital records will not reveal our ancestors’ personalities. On a side note, I also love newspapers. Why? Because you can learn the dirt, the gossip, and the minutia of our ancestors’ lives. But today I want to talk court records. While I research several groups of ancestors for my BCG portfolio, I come across all sorts of engaging court cases. This week I stumbled upon a rape indictment from 1837. The plaintiff was a spinster, Mary Ann Veatch, and the defendant was John Caldwell, laborer, late of Fayette County. As far as I know, I am not related to either. However, what caught my eye was the name of one of the jurors, Jacob Troxell—my ancestor. (Someday I really do hope to finish the book I am writing on him and his descendants.)

So far, I have not found any conclusive records about who Mary Ann Veatch or John Caldwell were beyond this trial. Both of their surnames belonged to families who had settled in Fayette County, Indiana, in the early part of the 1800s. What do you think really happened?

Fayette County Complete Circuit Court Record, vol. E: 300-301 (Image courtesy of FamilySearch)

Transcription:

Fayette County (Indiana) Complete Circuit Court Record Book E: 300-301
September Term A.D. 1837—

State of Indiana }
vs. }
John Caldwell } On an Indictment for a Rape—

Be it remembered that at a Term of the Fayette Circuit Court begun and held at the court house in Connersville in the County of Fayette and State of Indiana on the fourth Monday and twenty fifth day of September in the Year of Our Lord One thousand Eight hundred and thirty seven before the Honorable Samuel Bigger President Judge of the Sixth Judicial Circuit of the State of Indiana and Edward Webb and Stanhope Royston Associate Judges of said of said [sic] Court within and for said County of Fayette, upon the Oath of Joshua McIntosh foreman, John B. Tate, Nathaniel Hamilton, Aaron Perrin, John Louder, William Alger, David H. Munson, John Lester, Samuel Shortridge, Jeremiah Conwell, Hugh Reed, Zenas Powell Sen^r Levi Trowbridge Hugh Dickey Jun^r & Elias B. Stone, good and lawful men of the said County of Fayette who being empanneled and sworn as Grand Jurors at the term aforesaid to inquire within and for the body of the said County of Fayette, it is presented, “That John Caldwell late of said County, Laborer, on the ninth day of May in the Year of Our Lord one thousand Eighteen hundred and thirty seven, with force and arms at the County aforesaid and within the jurisdiction of said Court in and upon one Mary Ann Veatch spinster in the [?] of said State, then and there being unlawfully, forcibly, violently and feloniously did make an assault, and her the said Mary Ann Veatch, there and then unlawfully, forcibly, violently and against her will feloniously did ravish and carnally know, contrary to the form of the Statue in such cases made and provide and against the peace and dignity of the said State of Indiana S. W. Parker Prosecuting Atty., And Afterwards to wit at a Term of the Fayette Circuit Court began and held at the Court house in Connersville in the county of Fayette and State of Indiana on the fourth Monday and twenty fifth day of September in the Year of Our Lord one thousand eight hundred and thirty seven before the Honorable Samuel Bigger President of the sixth judicial Circuit of the said State of Indiana, and Edward Webb and Stanhope Esqr^s Associate Judges of said Court, within and for the said County of Fayette and now here comes Moses Lyons one of the recognizance Bail of said John Caldwell comes and surrenders into Court the body of the said John Caldwell in discharge of his said recognizance and is there upon comes the said John Caldwell and Benjamin H. Hanson, Stephen Gordon, James Bolton, Elisha Vance and Samuel K. Ross, and acknowledge themselves to have indebted to the State of Indiana as follows to wit, the said John Caldwell in the Sum of two hundred dollars, and the said Hanson, Golden, Bolton, Vance and Ross in the like sum of two hundred dollars, to be levied on their Goods and chattels lands and tenements respectively if default be made in the following conditions which conditions are that the said Caldwell shall appear before the Judges of this Court from day to day during the present term, and answer the State of Indiana upon the above charge and not depart without leave—HC

And afterwards, to wit, at the Term aforesaid of the Court aforesaid began and held as aforesaid before the Honorable the judges aforesaid and continued from day to day before the said Judges until Tuesday the eighth juridical day of said Term, Samuel W. Park Esqr – Attorney prosecuting the pleas of the State of Indiana in this

[page 301] behalf now comes, and the said Defendant in his own proper person and by Vance and Test his Attorneys come also, and being arranged upon the Indictment aforesaid and it being forth with demanded of him how he will acquit himself of the charge in said indictment specified for plea thereto says he is not Guilty as he stand Indicted and for trial thereof he puts himself on the County, and the said prosecutor doth so likewise and thereupon comes a Jury to wit, Stephen Moore, Jacob Troxell, Denis Springer, Nathan Robinson Thomas Reed, George Stanley, Joel Williams, Thomas J. Davis, Dany Tyner – James P. Hamilton, Hiram Messersmith, and Abraham Conwell Twelve good and and [sic] lawful men of the County of Fayette who being Elected tried and sworn the truth to speak in the premises, after hearing the evidence as well in behalf of the said defendant as on the State, the arguments of counsel and a charge from the Court retire to their room to deliberate attended by a sworn Officer of this Court, and day is given H.

And afterward, to wit: On Wednesday the ninth judicial day of said term the said Samuel W. Parker, Esqr Prosecuting Attorney now comes and the said defendant in person and by her Attorneys come also and thereupon the jury empanelled in this behalf on yesterday now returns into Court the following verdict in this behalf, to wit: “We the Jury find the defendant not Guilty” It is therefore considered by the Court that the said defendant, as to the Indictment aforesaid do go hence acquit without and discharged without day. HC—