Commonwealth of Kentucky v. George Sidle, Transcript

Accession Number

KYR-0001-004-0254

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867

Item Location

BR8-397 to BR8-403

Place of Creation

Harrison County, Kentucky

Date of Creation

12 December 1863

Dates Mentioned

1863-11

1863-11-20

--09

1863-12-12

State of Kentucky
Harrison Circuit Court Clerk's office } sct

I James F Ware Clerk of the Harrison Circuit Court certify that the following is a true copy of the bill of Evidence, approved and signed by the Court, filed and made part of the record at the Novr Term. Nov. 20^th 1863 of said Court in the case of the Commonwealth of Ky. against George Sidle, for Felony —

To wit —
"Commonwealth of Ky
agst
George Sidle

Be it remembered that on the trial of this indictment that the Attorney for the Commonwealth introduced Lewis Jamison a sworn witness who stated

<< Lewis Jamison's Evidence >
That on the day after the last Harrison County fair in the month of September last that he and his brother Rich^d Jamison left Cynthiana at about ³/₄^th of an hour before sun down & proceeded towards their homes on horseback:
That when they got on the hill
< 2. >
"between Cynthiana & the road leading off from the Turnpike towards James Tebbs' that they saw Geo. Sidle and saw Chas, also on horseback, riding at the usual gaites, about ¹/₂ mile ahead of witness & his brother! That they rode on and overtook Sidle & his son about opposite Jo. Love's gate

That Rich^d Jamison & Geo Sidle paired off & rode together, while Witness & Chas Sidle (who was in Ky from Missouri on a visit) rode together; All four were sometimes riding abreast & sometimes Chas Sidle & witness rode a short distance behind the other two —

After proceeding this way for nearly half a mile, all friendly, witness heard George Sidle say, "Dick! the people say you brot a glandered horse in the neighborhood" Then Dick said "Whoever says I brot a glandered horse in the neighborhood tells a damned lie" — Then Sidle — "I believe you did, and I believe you believe it" and Jamison
< 3. >
said "If you say that again I'll take you off your horse" then Sidle repeated his last remark. When the conversation first commenced between R Jamison & Geo, Sidle both witness & Chas Sidle told Geo Sidle to dry up and not to agitate the subject. After riding a short distance witness, who was riding next to Rich Jamison & on his right hand ^side — ^ ~~Sidle~~, saw him reach over & catch Geo Sidle by the coat collar & in an instant both fell together between their horses, on to their feet, on the ground; Geo Sidle ran his hand down under his waistcoat & drew out a pistol; Chas Sidle who was to the right of witness jumped off of his horse, ran to the right of Rich Jamison & seized it between where Geo Sidle held it and the muzzle, below which Rich Jamison had caught the barrel in his left hand. He had caught & held the barrel about two inches below ^the^ muzzle. Witness turned to the right hand side of the road, threw his bridle over a Stake, got down & went on the same side of the parties where Chas Sidle was. He caught hold of Geo Sidle & Rich Jamison by taking hold of each one on
< 4 >
"or near the shoulder & said to Sidle "dont shoot" that Rich Jamison should not hurt him. He The barrel was at this time nearly in a perpendicular position, Geo Sidle holding the handle, Chas Sidle holding near the Cylinder, and Rich Jamison near the muzzle, Geo Sidle said to Dick to give up the pistol; The muzzle was either below or nearly as high as R Jamisons chin, witness saw Geo Sidle give it a sudden jerk down when it went off & the ball entered Rich Jamison in the ^lower^ lip near the left corner of his mouth, He fell & died about half an hour afterwards Geo Sidle's first expression was "he has shot himself;" Chas Sidle went to the side of the road picked up the pistol & fired the other loads out of it; Geo Sidle came & looked at Rich Jamison & said "Why did you let me kill him?", and said he intended to go back to town & give himself up to the Officers, that he might be tried for it; That the parties were neightbours & had been friends a long time before the occurance; Witness said he and his brother rode along at the usual gait, not knowing Sidle & his son were on the road ahead of them
< 5 >
"until they overtook them — "

Commonwealth introduced Chas Sidle a Sworn witness.

<< Chas Sidles Evidence >
Who proved that Lewis & Rich Jamison overtook witness & his Father at Joel Loves place on the top of the hill; All the parties were going home from Cynthiana on Saturday evening; Lewis & witness rode together & Rich & Geo Sidle together; both parties rode together about half a mile talking friendly together. Rich Jamison then said that any body that said his horse had the Glanders or had brought him back here with the Glanders told a damned lie,"Geo Sidle said "my horse caught the Glanders from him", Dick said "damn your old horse, they never ran together"; Geo Sidle said they had been together; Dick said "you have said my horse had the Glanders and you have to take it back," Geo Sidle said in a laughing way, "Dick you know the horse had the Glanders", Dick said "I dont know any such thing;" Geo Sidle said, "Dick I did not say what I did to hurt your feelings", Dick then said, "you have said it and you have got to take it back",; Sidle said, "I have taken back all that I intend to take back; Dick caught
< 6 >
"my Father; Geo Sidle by the collar & pulled him down on his left knee, Fathers horse whirled round square, they both came down on the ground on their feet between their horses; Sidle then put his right hand under his vest & I then saw the pistol & jumped off my horse and ran to them,; When I got to them they both had hold of the pistol I caught the pistol with my left hand between their hands & only got my hand on a small part of the barrel & part on the Cylinder — I put my right hand on Dicks shoulder & told him to let go the pistol; he said he would not do it; I then turned to Sidle & told him to let go the pistol, that Dick should not hurt him, Lewis Jamison then came up & put one hand on Dick and the other on Geo Sidle, Lewis told Geo Sidle not to shoot, that Dick should not hurt him, Geo Sidle turned his head to Lewis and asked him what he said; Lewis repeated what he had said; Geo Sidle said to Lewis take him away; the parties had been struggling for the possession of the pistol; — I tried to keep it in such a position that if it went off no body would be hurt, but Geo Sidle tried to pull it from Rich Jamison & he tried to pull it out
< 7 >
"of Geo Sidles hand, the muzzle was below Rich Jamisons chin; He held the barrel with his left hand about two inches below the muzzle; just as my Father said "Lewis take him away," the pistol went off, — My Father said, "There, he has shot him self" & threw the pistol down by the roayd side, Then he said; "Why did you let me shoot him?," Lewis & I both told him we had done all we could to stop it; Father then stooped over Dick and said "Iamafraidhe is dead" & immediately said "I will go to town and give my self up" witness said, some short words passed between Dick & his Father in the Circuit Court Clerks Office about some buisness matters, but it was cleared up amicably; this occured the same day before they started home" —

<< Doct Jno A. Kirkpatrick Evidence >
Doct Jno A Kirkpatrick said that shortly after dark he arrived at the place where the shooting took place & examined the wound on Rich Jamisons face,; It was a gun shot wound, the bullet had entered the lower lip near the left corner of the mouth & had penetrated through the jaw bone, along the left side of the tongue, & thence through it immediately above the Eppi Glotis, through the muscle of the neck, & had lodged against the neck
< 8 >
"bone, That the wound at its termination was probably half an inch higher then where it had penetrated, that the wound had produced his death.

<< T R Rankin Evidence >
T R Rankin Coroner of Harrison Co. a sworn witness, proves that he held an inquest over the dead body; that he did not get through until late at night, & before he got out of bed the next morning; Geo Sidle knocked at the door of his bed chamber & waked witness up & told witness that he had come to give himself up, that witness took him into custody & put him in jail.

The foregoing being the whole of the evidence which was given in the Case the Court instructed the jury as follows — viz

"If the jury believe from all the evidence in this case that the prisoner at the Bar shot and killed Rich Jamison with malice aforethought as charged in the indictment, they should find him guilty of murder —

<< 2^nd >
"If the jury believe from all the evidence in this case that the prisoner shot & killed Rich Jamison without malice,
< 9 >
"on sudden quarrel & in sudden heat & passion, they must find him guilty of manslaughter, & fix his punishment by confinement in the penitentiary of this state not less than two nor more then ten years —

<< 3^d >
"If the jury believe from all the evidence in this case existing at the time when the shooting took place that the prisoner did believe, & had reasonable ground to believe, that Rich Jamison intended to proceed immediately to the infliction of great bodily — upon him or take his life & that Jamison would do so unless prevented by such act of defence as was then in the power of the prisoner, then the shooting by the prisoner was excusable on the ground of self defence and apparent necessity, unless the prisoner was in fault him self —

<< 4^th >
"If the jury from all the testimony in the case have a doubt of the grade of offence they must find him guilty of the lesser one, & if the Jury have a reasonable doubt from all the evidence of his being guilty of either, they must acquit him —

<< 5^th >
"If the killing was done with a deadly weapon the law presumes malice
< 10 >
"and such presumption must be rebutted by proof" —

And refused to give the instructions asked for by deft. Atty viz —

"If the jury believe from the evidence that the accused was assaulted by Rich Jamison, & drew his pistol to use it only in his own propper self defence, & thereupon, before he had attempted to use it, the said Jamison took hold of said pistol & attempted to wrest it from the accused, & his son then took hold of said pistol, & whilst the accused, & the said Jamison, & the son of the accused were struggling for the possession of said pistol, it went off without the accused having intended to fire it, or intending to point it to bear on the person of said Jamison, & killed him, the jury should find the accused not guilty — "

To which opinion of the Court deft excepted: The Jury returned the following verdict viz —

"We the jury find the prisoner, George Sidle guilty of manslaughter, & fix his term of service in the State Penitentiary at two years & eleven months
"Wesley Howard foreman" —

Deft moved the Court for a new
< 11 >
trial on the following grounds

1^st "Because the verdict of the jury was decided by lot. 2^nd Because the jury made their verdict by each juror seperately setting down the number of years that each one was in favor of confining the deft in the Penitentiary & then adding the numbers thus set down & dividing the result by the number twelve —

3^d "Because the verdict was contrary to law & evidence —

"Deft introduced, on the trial of the motion for a new trial, J B Dawson, Jas Debruler, Robert Holmes, Jesse B Hickman & Rich^d Levi, who were sworn & proved that they composed a part of the jury that found the verdict in the case of the Commonwealth of Ky against Geo Sidle;

That the next morning after the arguments had been heard in the case, that the question was put to the Jury by the foreman, Wesley Howard, whether the prisoner was or not guilty of manslaughter, which was decided in the affirmative, that he was guilty. That the foreman then proposed that each one of the jurors should put on a seperate slip of paper the number of years that he was in favor of confining Geo Sidle in the Penitentiary ^and^ put into a hat
< 12 >
"That the numbers should then be drawn out of the hat, they should all be added together & divided by twelve & the number produced by dividing as aforesaid should be their verdict; that this method was agreed to & adopted by the jury; that the seperate slips of papers were drawn out with the numbers on them & were severally ~~draw~~ drawn by Wesley Howard their foreman & were then added together by him & divided by twelve; that he announced the result to be two years & eleven months, & the question was then put by him to the jury if they agreed to that as their verdict & they all responded they did, fixing that as the time for Sidle to serve in the Penitentiary, This being all of the evidence introduced in the motion, the Court ~~ordered~~ ^overruled^ said motion, to which several opinions of the Court in refusing instructions asked for by defts atty & ~~ordering~~ ^overruling^ his motion for a new trial the deft excepts & prays that his exceptions may be made apart of the ~~trial~~ record, which is done,

Jos Doniphan
Judge "
A true Copy
Attest J. F. Ware Clerk
Dec 12. 1863 —

Commonlth Ky
vs } Copy Bill of Evidence
Geo Sidle

This is a clear case for Executive Clemency- The accused did not have the benefit of the law grave error to his prejudice were committed by the Court- Issue Pardon

Tho E Bramlette
Govr

Fee $3⁰⁰

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