Commonwealth of Kentucky v. Stephen Hiners, Transcript

Accession Number

KYR-0001-004-2530

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

BR16-48 to BR16-49

Place of Creation

Mason County, Kentucky

Date of Creation

7 October 1865

Dates Mentioned

1865-10-05

1865-04-13

1865-06

1865-10-02

1865-10-07

State of Kentucky
Mason Circuit Court } Sct

Pleas before the Hon L. W Andrews Judge of the Mason Circuit Court at the Court house thereof in the City of Maysville Kentucky on the 5^th day of October 1865

The Commonwealth of Kentucky Plaintiff
Against } Indictment for Permitting gaming in his house
Stephen Hiners Defendant

Be it remembered that on the 13^th day of April 1865. the Grand Jury of Mason County returned into Court the indictment in this action which was ordered to be filed and is as follows. Viz.

<< Indictment >
The Grand Jury of Mason County in the name and by the authority of the Commonwealth of ^Kentucky^ accuse Stephen Hiners of the offence of permitting Gaming in his house committed as follows. The said Stephen Hiners on the [ ] day of June 1865 at the county aforesaid suffered a game of chance called Bagatelle to be played at which money was won and lost, which game was played in a house in his occupation and under his control against the peace and dignity of the Commonwealth of Kentucky.

Geo. M. Thomas
Attorney for the Commonwealth

On the back of this is the following indorsements.

"A True Bill
Samuel Forman
Foreman

< 2 >
<< Order for Bench warrant. >
At a Court held on the 13^th day of April 1865.
Ordered that a Bench warrant issue on the indictment against Stephen Hiners allowing him to give bail in the sum of Two hundred Dollars and the indictment is continued. Which warrant was duly executed

<< Order submit >
At a Court held on the 2^d day of October 1865
By agreement of the parties the law and facts in this action are submitted to the Court for trial

<< Judgment >
At a Court held on the 5^th day of October 1865
"The Court having fully heard the parties and being sufficiently advised adjudges that the defendant is guilty and that the Plaintiff recover of said Defendant the sum of Two hundred dollars, a fine, and also her costs herein expended

<< Order grant appeal >
To which judgment of the Court the Defendant excepts The defendant prayed an appeal from the judgment herein to the Court of Appeals, which is granted, upon condition that he lodge in the Clerks office of said Court a transcript of the record on sixty days from the date of the judgment

<< Bill of Exceptions >
The Defendant produced his bill of exceptions herein as follows Be it remembered that upon the calling of the cause of the same by agreement of the attorney for the Commonwealth of Kentucky and the defendant was submitted to the court for trial and a jury dispensed with and defendant plead not guilty. The attorney for the Commonwealth introduced Thomas Palmer who proved that the defendant Stephen Hiners lived in Mayslick
Mason County Kentucky and Kept a Bakery and Beer Saloon and suffered a game called Bagatelle to be played in a house in his occupation and under his control. I have seen persons during last March play at Bagatelle in a house in his occupation in Mayslick Mason County at which game they would agree that the person that lost at the game should pay for beer for all the party playing and ^after^ the game was through the parties would drink the beer in defendants house and the loser would pay defendant for the beer. The defendant Knew of the playing going on in his house and that persons were playing as above stated that the person loosing was to pay for the beer The game was played in the family room of the defendant adjoining the store room. Defendant is a dutchman who understands the english language imperfectly and only had the table in use about three weeks. Witness does not Know that defendant had the game stopped as soon as he heard that he was violating law but he does Know that the game was stopped in about three weeks after the table was first set up No game was played for any thing but beer as stated heretofore to wit who should pay for the Beer. This being all the testimony the court
rendered the followingment. (see same heretofore copied.) Defendant then moved the court to grant a new trial: because the Judgment of the court is contrary to the law and the testimony Because the defendant is indicted for permitting a game to be played at which money was won and the proof establishes the fact that the game was played for beer and not for money the court overrruled defendants motion and refused to grant him a new trial to which ruling defendant objected and excepted and prayed and appeal to the Court of Appeals and that this bill of exceptions be signed and sealed which his accordingly done

L W. Andrews
Judge

which having been signed and sealed by the Court, is ordered to be made a part of the record.

State of Kentucky
Mason Circuit Court } Sct

I John M Duke Jr Clerk of the Mason Circuit Court hereby certify that the foregoing few pages contain a full true and complete transcript of the record and proceedings had in the above mentioned action

Given under my hand this 7^th day of ~~Sept~~October 1865

Jn^o M Duke Jr C. M. ct. ct.

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