Tag Archives: Circuit Court Records

Random Record – Indiana vs. James Nesbit

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 17th 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 Records – Indiana vs. James Reed

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 7th Day 15th 
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

or

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.

© 2017 copyright owned and transcribed by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/10/16/random-records-indiana-vs-james-reed/

Random Records – Circuit Court Case from 1837

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 Senr Levi Trowbridge Hugh Dickey Junr & 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 Esqrs 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—

©2017 copyright owned and transcribed by Deborah Sweeney
Post originally found: https://genealogylady.net/2017/09/30/random-records-circuit-court-case-from-1837/