Commonwealth of Kentucky v. William Girty, Transcript

KYR-0001-004-1050.xml

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Citation
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Accession Number

KYR-0001-004-1050

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

BR[11]-116 to BR[11]-120

Place of Creation

Newport, Campbell County, Kentucky

Date of Creation

9 March 1864

Dates Mentioned

1864-02-02

1863-08-12

1863-07

1864-01-05

1864-02-03

1864-02-04

1863-07-04

1862

1862-09

1864-02

1863-03-07

1864-03-09

Commonwealth of Kentucky v. William Girty, Transcript, 9 March 1864, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR[11]-116 to BR[11]-120, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-1050, (accessed April 16, 2024).

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The State of Kentucky
Pleas before the Hon J. W. Stevenson Judge pro tem of the Campbell Circuit Court at the Court House in the City of Newport on the 2nd day of Febry. 1864.
The Commonwealth of Kentucky, Plff.
against } Carrying concealed Weapons
William Girty Deft

Be it remembered that heretofore. to wit on the 12 day of August 1863, the Grand Jury of Campbell County reported an Indictment against William Girty for carrying concealed weapons in the words & figures following, viz

Campbell Circuit Court
The Commonwealth of Kentucky, Plff.
against } Indictment for carrying concealed weapons.
William Girty, Defendant.

<< Indictment >
The Grand Jury of Campbell County in the name and by the authority of the Commonwealth of Kentucky accuse William Girty of the offense of carrying concealed weapons committed as follows. viz. The said William Girty in the County,

<< 2 >
Circuit and State aforesaid, on the day of July 1863 and on divers other days and times before and since that time and before the finding of this Indictment a certain deadly weapon commonly called a pistol together with other deadly weapons by name to the jurors unknown did then & there carry concealed contrary to the statute in such case made and provided, and against the peace and dignity of the Commonwealth of Kentucky.

<< Witness
James Conner. >
R. B. Carpenter,
Commonwealth's Attorney.

<< Synopsis of Sums. >
Summons on the Indictment against Wm Girty executed on him by the Sheriff of Campbell County January 5th 1864.

<< 3 >
At a Circuit Court held on the 2 Feby 1864.

On plaintiffs motion a preemptory attachment is awarded against James [ ]

The defendant appeared & demurred to the Indictment which demurrer was overruled to which the defendant excepts thereupon he plead not guilty came a Jury viz: Wm Lindell, R. Farmer, Wm Moore, S. M^cIntosh, J. H. Peters, H. K. Morledge, G. C. Vickers, J. D. Otten, Jas Kiles, Wm Caldwell, J. F. Buning,
& John Peak who were sworn to try the issue after hearing the evidence returned the following verdict, viz: "We the Jury find the defendant guilty and fix his fine at 75 Dollars, G. C. Vickers, foreman

The defendant moved the Court in arrest of Judgment.

<< Judgt >
The Court overruled the motion in arrest of Judgment to which the defendant excepts. It is thereupon adjudged that the plaintiff recover of the defendant her fine of $75, and the costs of this prosecution.

And afterwards on the 3 day of Feby 1864. The defendant filed his grounds & moved the Court for a new trial, viz:

<< Grounds for New Trial >
The defendant moves the Court for a new trial on the following grounds.

1. The Court erred in rejecting evidence offered by Defendants.
2^d The Court erred in instructing the Jury.
3^d The Court erred in refusing instructions moved by Deft.
4^th The verdict is against law & evidence.

Hallam & Fearons
Attys for Deft.

< 4. >
And afterwards on the 4^th day of Feby 1864. The defendants motion for a new trial was overruled to which he excepted and the defendant presented his bill of exceptions which was allowed & signed & ordered to be filed with the pleadings as part of the record.

<< Bill of Exceptions
Evidence of J. Conner. >
Be it remembered that on the trial of this Indictment the plaintiff introduced James Conner a sworn witness who stated that on July 4th 1863 the deft came to the Livery Stable of M. Betz in Newport Campbell County intoxicated, and asked for another buggy as the one he had was broken, Betz said he had no other buggy in, Deft then demanded his money back Betz told him to return next day when sober & he would settle with him, Deft left but returned shortly after when Betz had left & said "where's the Dutchman?" & being informed he was not there, said pulling from his pocket a pistol a small revolver witness thought & said, "Damn him he must give me another buggy or my money or I'll give him a dose of this"

<< 5 >
It was July 4th Girty had been celebrating the day & it was common
for the young men about town to carry pistols to fire without ball for the purpose of making a noise, Did not know whether the pistol was loaded or capped.

And this was all the evidence for the Commonwealth.

<< Evidence of W. H. Bennett >
The defendant then introduced W^m H. Bennett a sworn witness who stated that he knew Girty -- he (deft) resided in Newport & did business in Cincinnati Ohio that he crossed the river late at night & very early before day light in the morning in the ordinary course of his business. Here defts Attorney propounded to witness the following question "Are you acquainted with the passage back & forth between Newport & Cincinnati & is there any reason to apprehend danger from violence or crime to a person crossing there in the night time? To which the Commonwealth objected and the objection was sustained by the Court to which deft excepted

Witness further stated that Girty has been a very active & zealous union man in the present national troubles & had rendered

< 6. >
himself obnoxious to many persons because of arrests during the Kirby Smith raid in the fall of 1862 & public threats had been made against him at said time, witness could not recollect the names of persons who had threatened him.

<< Evidence of S. B. Jones. >
Also Sidney B. Jones a sworn witness who stated that deft was employed as passenger agent at a rail road office in Cincinnatti that his duties required him to cross the river late at night & early in the morning as early as three or four o'clock to solicit passengers for the cars & that he had necessarily to visit rough & dangerous places about the wharves & elsewhere for such purpose, Witness never saw him engaged in such business but was once a railroad man himself & knows the duties deft had to perform -- Deft often had large sums of money about him but was not necessarily required to have it in the business in which he was engaged.

<< 7. >
In the fall of 1862 Deft was Lieut of Home Guards & was vigilant in seeking those of his command & forcing them into service such persons had in presence of deft & witness threatened
deft to have a settlement of those matters after the troubles were over.

It is agreed by counsel for plff & defendant that no threats were made subsequent to Sep 1862.

<< Evidence of Gus Artsman >
Also Gus Artsman a sworn witness who stated that some time during the last year he arrived at the wharf in Cincinnatti on the Louisville packet about 2 or 3 o'clock in the morning that immediately after their arrival Deft appeared on board distributing bills for the rail roads.

Which was all the evidence for the defendant, The Attorney for the Commonwealth then moved the Court to instruct the Jury as to the law of the case whereupon the Court gave the following instructions to the Jury, viz:

<< Plffs Instructions
8. >
If the Jury beleive from the evidence that the defendant did carry a concealed weapon as charged in the Indictment in Newport Ky, and that said weapon was carried in the day time they must find the defendant guilty & fix his fine at not less than 50 or more than $100. If the Jury believe that the defendant had at the time of carrying such weapon reasonable ground
to believe that his person was in danger from violence or crime then they should find for the defendant.

2^nd If the Jury have a reasonable doubt as to the guilt of the defendant they must find for the defendant,

Which were excepted to by Defendant.

The defendant then moved the Court to instruct the Jury as follows.

<< Defts Instruction >
3.d. If the Jury beleive from all the evidence that the Defendant was engaged in such lawful business as required him to travel at night and the carrying of a concealed weapon was necessary to enable the defendant to carry on his business then they will find him not guilty, which was refused by the Court to which the defendant excepted

<< 9. >
The Jury having rendered their verdict, the deft moved to arrest the judgment & also for a new trial upon the following grounds (see page)
both of which motions were over ruled by the Court to both of which the deft excepted. He prays that this his bill of exceptions may be signed, sealed & made part of the record,
which is done.

J. W. Stevenson
Special Judge.

On defendants further motion an appeal is granted him to the Court of Appeals from the judgment herein.

On the 4^th day of February 1864 the defendant executed a Supersedeas bond as follows viz:

Campbell Circuit Court.
The Commonwealth of Kentucky,
agt. } Supersedeas bond,
Wm Girty

<< 10 >
The defendant W^m Girty having prayed an appeal from the judgment of the Campbell Circuit Court rendered herein against him at its February term 1864 for a fine of seventy five Dollars

& costs now we covenant to and with the plaintiff that in case said judgment is affirmed we will pay said fine and costs, and all damages thereon and the costs of the Appeal, Witness our hands this 4th day of Feby 1864.

Attest Jno T. Girty.
Gus Artsman clk.

Campbell, Circuit, Court,

I Gus Artsman Clerk of the Campbell Circuit Court do certify that the proceeding 9 ¹/₃ pages contain a full true & complete transcript of the record & proceedings
in the cause therein mentioned.

Witness my hand this 7^th day of March 1864.

Gus Artsman, clk.

Index.

Indictment,	Page,	1
Synopsis of Summons	"	2
Judgment	"	3
Grounds for new trial	"	3
Bill of Exceptions	"	4
Evidence of J. Conner	"	4
" " W. H. Bennett	"	5
" " S. B. Jones	"	6
" " G. Artsman	"	7
Plffs Instructions.	"	7
Defts do " "	"	8
Supersedeas bond "	"	9

fee $2⁵⁰

Deft good for fee & resides in Newport, Ky.

Court of Appeals of Ky
William Girty Appellant
against } Appeal from a judgment of the Campbell Circuit, Co.
The Commonwealth of Ky. Appellee

Judgment rendered at February Term 1864 found on page 3. of this record.

Appellant assigns for error to his prejudice

1^st The Circuit Court erred in refusing to allow the questions propounded to the witness, W. H. Bennett on page 5 of this record.

2^d It erred in the first instruction given to the jury on page 7 of this record.

3^d It erred in refusing the instruction moved by deft, on page 8, of this record,

4th. It erred in overruling the motion in arrest of judgment, see page 3 of this record,

5th. It erred in overruling the motion for a new trial, see page 3 of this record

Wherefore he asks a reversal,
J. R. Hallam,
Attorney for Appellant

Girty
vs } Transcript.
Commonwealth

Filed & tax paid
March 9. 1864.
certificate of Supersedeas issued

Att
Leslie Combs.
C. C. A.

$2.⁵⁰ Campbell.

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