Commonwealth of Kentucky v. Smith Wingate, Transcript

Accession Number

KYR-0001-004-0981

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

BR11-19 to BR11-20

Place of Creation

Owen County, Kentucky

Date of Creation

n.d.

Dates Mentioned

1853-11-14

1853-05-04

1853-01-01

1853-05-01

1853-03-01

1853-04-01

1865-01-03

<< (1) > Pleas before James Pryor Judge of the Owen Circuit Court at the Court house in Owenton on the 14^th Novr 1853.

The Commonwealth of Ky Plff
vs } Indictment
Smith Wingate Deft

Be it remembered that heretofore to wit on the 4^th day of May 1853 came the Grand Jury Empannelled and sworn for Owen County and returned into Court an Indictment which is in the words and figures following to wit:

Commonwealth of Kentucky
Owen County & Circuit } S. S

The Grand Jurors of the Commonwealth of Ky impanneled Sworn & charged as a grand inquest to enquire in and for the County of Owen upon their oaths present that Smith Wingate gentleman Late of Owen County did from the 1^st day of January (A D) 1853. three months & more in the county of Owen aforesaid, Keep a tipling house by then and there selling whiskey and other spirituous liquors in said tippling house to be drank therein. he the said Wingate not then and there having license therefor: contrary to the form of the Statute in such case made and provided & against the peac & dignity of the commonwealth of Kentucky, and the Jurors aforesaid upon their oaths
<< (2) > aforesaid, do further present, that the afs^d Smith Wingate on the 1^st day of January (A D) 1853. in the County of Owen aforesaid, did Keep a tippling house by then and there selling Whiskey and other spirituous liquors in said tippling house to be drank therein and did continue the Keeping of said tippling house from that time until the first day of May (A D) 1853. being three months & more he the said Wingate not then & there having during any of that time a license therefor as by law required contrary to the form of the statute in such case made and provided & against the peace & dignity of the Commonwealth of Kentucky.
And the Jurors aforesaid upon their oaths aforesaid, do further present that the aforesaid Smith Wingate on the 1^st day of March (A. D. 1853. in the County of Owen aforsaid did keep a tippling house by then and there selling Whiskey & other spirituous liquors in said tippling house to be drank therein he the said Wingate not having then & there license therefor as by law required contrary to the form of the Statute in such case made & provided & against the peace & dignity of the Commonwealth of Kentucky.

And the Jurors aforesaid upon their oath aforesaid do further present that the afs^d Smith Wingate in the County of Owen aforesaid on the first day of april AD 1853.
<< (3) > did keep a tippling house without having a license therefor^s contrary to the form of the Statute in such case made & provided and against the peace and dignity of the Commonwealth of Ky.

Ro. Hutchinson C. Atty

Afterwards to wit at a circuit court held for Owen County at the courthouse in Owenton the following Judgement was rendered in this cause to wit;

"Came parties by their attornies and the defendant confessed Judgement on the first count of the Indictment herein, It is therefore considered by the court that the defendant make his fine to the Commonwealth by the payment of Two Hundred dollars together with the Costs by the Commonwealth in this behalf Expended and that he be taken &c On motion of atto for plff it is ordered that the indictment herein be dismissed as to the 2^nd & 3^rd counts —

Kentucky Owen Circuit ct Sct

I W H Sandford clerk of the Circuit Court for the county afs^d do certify that the foregoing 3 pages contain a true and complete transcript of the record and proceedings had in the [suit] therein named

W H Sandford Clk

Owen Cir Ct
vs
Smith Wingate
$200.

Remit
3^d Jany/65

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