Commonwealth of Kentucky v. Daniel Steel, Transcript

KYR-0001-004-2650.xml

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Citation
Download

Accession Number

KYR-0001-004-2650

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

BR16-246 to BR16-262

Place of Creation

Laurel County, Kentucky

Date of Creation

16 November 1865

Dates Mentioned

1863-03-14

1863-03-10

1863-08-17

1863-08-18

1864-03-15

1865-03-14

1865-03-17

1865-03-21

1865-03-25

1863-01-04

1863-01-06

1865-03-18

1865-03-19

1865-11-16

Commonwealth of Kentucky v. Daniel Steel, Transcript, 16 November 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR16-246 to BR16-262, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-2650, (accessed April 28, 2024).

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< 1. >
Laurel Circuit Court
Commonwealth of Kentucky Plaintiff
against } Indictment for Robbery
Daniel Steel Defendant

Be it Remembered that heretofore to wit on the 14^th day of March 1863 the Grand Jury for Laurel County returned into Court an Indictment against the Defendant and the same is as follows viz

<< Indictment >

Laurel Circuit Court
"The Commonwealth of Kentucky Plff
against
Daniel Steel Gillespie Steel Estill Steel William Barton & Martin Eaton Defendants

The Grand Jury of Laurel County in the name and authority of the Commonwealth of Kentucky accuse Daniel Steel Gillespie Steel Estill Steel William Barton and Martin Eaton of the Crime of Robbery Committed as follows viz

The said Daniel Steel Gillespie Steel Estil Steel William Barton and Martin Eaton did on the 10^th day of March 1863 in Laurel County feloniously took two rifle guns the property of William Reams from his house against his consent by putting him in fear of immediate injury to his person against the peace
and dignity of the Commonwealth of Kentucky

H F Finley
Comlth Atto

Witness
James Edwards
James Magee
W^m Reams
Morgan Edwards

<< Endorsement >
A True Bill
J V L M^cKee foreman

& Afterwards on the same day the following order was made, to wit,,

The Defendant appeared in discharge of his recognizance and announced That he was not ready for trial at the present Term it is therefore ordered that this case be continued and Defendant is allowed to give bail for his appearance in the sum of five hundred dolllars and failing to give said Bail he was placed in custody of the Jailer who is allowed to summon two guards to guard said Steel

& afterwards on the same day the following orderd

"The Defendant being in custody Charged with the crime of Robbery and being admitted to bail in the sum of five hundred dollars James M^cfarland Grandison M^cfarland and Washington M^cfarland came into
court and undertook that the said Daniel Steel shall appear in this Court on the 1^st day of its next Term ^in^ answer to said charge and at all times render himself amenable to the orders and process of the Court in the prosecution of said charge and if convicted render himself in execution thereof or if he fails to perform either of these conditions that they will pay to the Commonwealth the sum of five hundred dollars

& after wards to wit on the 17^th day of August 1863 the following order was made

"The Defendant Daniel Steel failing to appeare in discharge of his recognizance it is orderd that the same be forfeited whereupon G W M^cfarland and W G M^cfarland two of the securities in said Bond entered their appearance to the rule and a Bench warrant is ordered to issue against the Defendant admitting him to bail in the sum of $1000⁰⁰ and this case Continued and a summons ordered to issue against the sureties of the Defendants Isham haddis whose bond was forfeited at the last Term of this Court

& Afterwards to wit on the 18^th August 1863 The following order to wit

The Defendent Daniel Steel being in custody charged with the offence of Robbery and being admitted to bail in the sum of five hundred dollars James [...] W G M^cfarland and G W M^cfarland undertook that the said Daniel Steel shall appear in this Court on the first day of its next Term in answer to said charge and at all times render himself amenable to the orders and process of the court in the prosecution of said charge and if convicted Render himself in execution thereof or if he fails to perform either of these conditions that they will pay the Commonwealth th -- the sum of five hundred dollars

& Afterwards on the 15^th day of March 1864 The following order was made viz

The Defendant failing to appear in discharge of his recognizance it is ordered that the same be forfeited and a summons issued thereon against his securities

& Afterwards to wit on the same day the following order "The Defendant Daniel Steel being in custody charged with the crime of Robbery
< >2 >
and being admitted to bail in the sum of five hundred dollars James M^cfarland Washington M^cfarland and Grandison M^cfarland undertook that the said Daniel Steel shall appear in this court on the first day of its next Term in answer to said Charge and at all times render himself amenable to the orders and process of the Court in the prosecution of said Charge and if convicted under himself in execution thereof or if he fails to perform either of these Conditions that they will pay to the Commonwealth the sum of five hundred dollars and being present James Edwards and William J Reams acknowledged themselves indebted to the Commonwealth in the sum of one hundred dollars each to be void upon condition that they appeared in ths Court on the first day of its next Term to testify in behalf of Plaintiff herein and not depart without the leave of the Court

& afterwards to wit on the 14^th day of March 1865 The following proceedings were had viz Ordered that this case abate by the death of the Defendants Barton & Eaton as to them
and the Defendant Daniel Steel appeared [...] an arraignment and plead not guilty and thereupon came the following Jurors viz John Dees ^sr David Stillings Basset Warren R D Johnson R M Hill John Blevins Josiah Lilborn James M Pigg S M Jackson Jo^s Cottingham Thomas Tuttle Madison M^cHazen who being elected tried and sworn to try the issue and having heard the evidence returned the following verdict viz

<< Verdict of Jury >
We the Jury find the Defendant not guilty of Robbery but guilty of grand Larceny and assess his punishment by confinement in the penitentiary the full Term of two years

Stephen M Jackson foreman

& afterwards on the 17^th day of March 1865 The following order viz

<< Grounds for new trial >
"The Defendant filed grounds for a new trial The Defendant Daniel Steel moves the court for a new trial in this case for the following reasons viz

1^st The court misinstructed the Jury or refused to instruct properly to instruct the Jury
2 The verdict is against the law and evidence
3 The Defendant has dicovered important
evidence in his favor since the verdict which evidence he could not have discovered with reasonable diligence before the trial and verdict for proof of which he refere to the affidavits of Emily Mitchell & others which will in due time be filed in Support hereof

& Afterwards to wit on the 21^st day of March 1865 The Defendant filed an affidavit and by his councel moved the Court in arrest of Judgment and for a new trial

& afterwards on the next Day the following order viz

<< 1 >
The motion of the Defendant in arrest of Judgment and for a new trial was heard and the court being sufficiently advised overules the motion to which opinion of the Court the Defendant excepts and prays an appeal

& afterwards to wit on the 25 day of March 1865 The following order viz

<< Judgt of the Court >
This day came the attorney for the Commonwealth and the Defendanat being brought into court in custody of the Jailer and being asked if he had any thing further to urge why the Judgment of the court should not be pronounced according to the verdict
of the Jury herein replied that he had not It is therefore adjudged by the court that that the Defendant Daniel Steel undergo confinement in the Jail and penitentiary of this State for and during the fall term and period of two years in Manner and form as by the Jury their verdict assessed

That the Defendant be now remanded to the custody of the Jailer of this County to be Kept until such time as the Sheriff of this County can remove him to the Penitentiary as above adjudged

& afterwards to wit on the same day the following order viz

The Defendant by his attorney filed his bill of Exceptions and Defendant is allowed to respite of Twenty days that his case may be heard in the court of appeals during which term he will be Kept in the Jail of this County

< 3 >
<< Bill of Exceptions >
Be it Remembered that when this case was was called for trial the attorney for the Comlth, announced that he was ready for trial and the Defendant Daniel Steel announced that he was not ready for trial and moved the Court for a continuance and produced and filed an affidavit upon which said motion was based and the same is as follows

<< Affidavit for continuance >
The Defendant Daniel Steel states that he is not ready for trial at the present Term of the Court for want of the testimoney of L D Sutton Herod Hendrickson L S Steel Polly Eaton he believes he will prove by L D Sutton that he as presiding Judge of the Whitley County Cort issued a warrant for the arrest of William J Reams & others Charged with Robbery and he will prove by Polly steel that said warrant was place in the hands of Martin Eaton then a constable to execute same and that this defendant and others were summoned by said constable to go and arrest said Reams and others that he will prove by L D Steel the property taken by said Reams of the Defendant by force that he will prove by Herod Hendrickson that he saw them on their way to said
Reams^s at the time the Robery was charged to have been Committed and that said Eaton was with them having the warrant for the arrest of said Reams that he can further prove by the records of The Whitley County Court that said Eaton was at the time a constable of Whitley County He says that he was not advised of the materiality of said testimony until the Calling of the Case for trial and Could not then procure the attendance of the witness, He says that said testimoney will be true when proved This affidavit is not made for delay but in order that he may have a fair trial

Daniel Steel

Sworn to before me by David Steel
C B Farris clk

And the Attorney for the Comlth, offered to admit and did admit the statements of the affid^t as true whereupon the Court required the defendant to go into trial and overrruled his motion for a continuance to which the Defendant excepted and the following Jurors (Se order & verdict) And on the trial the Plaintiff introduced as witness William J Reams who testified that he together with G P Steel & others
attacked some rebels in Laurel County and took ^& captured^ from them some horses and other property some of the Captured horses were Kept by Reams and others by the capturing party but G P Steel did not get any of the Captured property afterward G P Steel & Isham Faddis & probably some others went to Reams & took one of the Captured horses and one private horse that belonged to Reams and that Reams got James Magee and others and went in pursuit of the horses and about a mile before They got to the house of Daniel Steel They met the Defendant and his brother Gale Steel Reams took Gale Steel one side and inquired of him if he Knew anything of the horses Gale told them he did not but that probably Defendant might Know something of them and if they would ask him he would tell them the truth about it they then inquired of Defendant and he told them that G P Steel and Isham Faddis had brought two hourses to his (Defendants) house answering the description and he believed they were the horses Reams was looking for Reams asked Defendant to go with them and he did so and they went
to Defendants house but when they got there the horses were gone and G P Steel and Faddis were gone also but the tracks of the horses were fresh as if the horses had not been gone but a few minutes Reams then asked Defendant to go with them in pursuit of the horses and he did go without objection and went as fare as he was desired to go

Witness further states that he did not believe Defendant was in good faith in helping hunt for the horses the Attorney for the Defendant objected to this testimony as illegal but the Court did not exclude it from the Jury and the Defendant excepted and still excepts to the same witness further stated that he and his party returned to defendants and by force without legal process took from Defendants stable a gray mare Claimed by Defendant as his property the Defendant protesting agaisnt the same Reams and his party were armed The mare so taken was the same one mentioned in the affidavit for a continuance witness further stated that when he took the gray mare he believed she belonged to G P Steel and was told by all the
< 4 >
neighbors that she did and he took her to indemify himself for the horses taken by G P Steel & Faddis said Gray Mare was the same one for the taking of which as above stated the warrant mentioned in the affidavit was said out witness took the mare home with him but she was not there when the officer Deft and others Came with the warrant and are charged with having taken the guns when the officer and party came with the warrant witness refused to let them come into his house had arms and threatened to resist the officer took all of his guard or party but Defendant and went to the stable to look for the mare and Defendant remained at the house to see that witness did not escape but as soon as they went to the stabe he did escape and Deft shot at him but he got away, the guns alleged to have been taken belonged to James Magee & John Magee both of whom were union soldiers the guns had been captured from the rebels by them they were army guns, Martin Eaton was the officer and stated that he had an warrant for witness arrest when they came to Defendants as above stated
He did not show witness any warrant but witness would not permit therm to come into his house while he remained They were all drinking but Defendant and the warrant was not shown

James Magee who went with me after the horses was then a soldier in the 7^th Kentucky Union Infantry and the same man who was at my house when Deft, and others came They went to my stable that night as Jo Mounts said and took a mare out of the stable but did not take it off the Steels and Faddis belonged to the Union Army but were then away from the Command without leave as I am informed and Faddis never did return to the Command

Plaintiff then introduced Margaret Reams who testified that she is the wife of William Reams and When Eaton and his party came to their house as stated by her husband James Magee was in the house and had and Kept himself concealed while Eaton and his party remained after Reams was gone the officer and his party Came into the house and two of the party claimed to be federal soldiers and
took the guns claiming that they were army guns and that they as soldiers had a right to take them wherever they found them in the hands of private citizens here husband was not a soldier the guns belonged to James Magee and his Brother union Soldiers Defendat Daniel Steel had nothing to do with taking the guns but after they were taken asked where the cartridge boxes were no cartridge boxes were taken and nothing else was molested or disturbed but Deft seemed to control the others James Magee one of the men who claimed the guns and a union soldier was in the house hid when they took the guns all appeared to approve the taking of the guns the guns were the Magees who were known to be union soldiers

Plaintiff then introduced James Magee who tesitifed that he was with William Reams when he went after his horses and when Steels mare was taken and corroborates Reams statements in regard thereto was at Reams House when Eaton and his party came Concealed himself first in the loft and when the party went to
the stable witness got under the floor could hear plainly what the parties said knew Defendant and Knew his voice heard him say he shot at Reams when he made his escape heard the talk about the guns Dick Steel was a Soldier and claimed that the guns were army guns and it was his duty to take them from private citizens witness Knew his voice & Knew him to be a soldier he did not have Deft inquire for the Cartrige boxes That he himself was at the time a soldier in the 7^th Ky volunteer infantry and served his time out the reason that he hid he was afraid that the party would do him bodily harm They waere looked upon as deserters Plaintiff then introduced James Edwards who testified that as Eaton and his party were on their way to Reams stoped at William Edwards and got some liquor and did not pay for it they inquired for William Edwards said they had a warrant for him Defendant was not then with them if he was he did not see him Knew Defendant well

< 5 >
Plaintiff here closed his case and the Defendant introduced in Evidence the warrant issued for the arrest of Reams and others and the same is as follows viz

<< warrant >
The Commonwealth of Kentucky

To any sheriff Constable Coroner Jailer Marshall or policeman of this state this day Daniel Steel personally appeared before me stated upon oath that William Reams Harrison Reams James Rawlings William Edwards and James Magee did on the 4^th day of January 1863 enter into his enclosures and forceably take away one gray mare ^by^ putting him in feare of his life this is therefore to command you to forthwith arrest the above offenders and bring them before me or some other magistrate for Whitley County to be dealt with according to law this 6^th day of January 1863

L Sutton J P

Sworn to by Daniel Steel on the 6^th Jany 63
L Sutton J P

The Defendant then introduced in evidence the affidavit for a Continuance and the same is as follows "see af^d page of this Transcript)

This being all the evidence the attorney for the Comlth asked the Court to give the three following instructions viz

<< Plffs Instructions >
1^st The Court instructs the Jury that if they believe from the evidence to the exclusion of a reasonable doubt that the Defendant Daniel Steel has been proven guilty of feloniously and forcibly and by putting [in] fear taking the guns as charged in the Indictment or aided or abetted counciled advised or sanctioned the taking by others who were present they ought to find him guilty and the punishment is Confinement in the state penitentiary for a period of not less than three nor more than ten years

The Court further instructs the Jury that altho the Defendant may have been summoned to go and assist in the arrest of Reams still if after Reams had made his escape the Deft. then took the property as aforesaid or aided or assisted as aforesaid they ought to find him guilty if they believe the Same has been proven to the exclusion of a reasonable doubt

<< 3 >
That the taking of the property of another with the intention of converting the same to the takers own use and wholly depriving the owner of the same is in law a felonious taking and if the Jury believs to the exclusion of a reasonable dout the property in the indictment mentioned was so taken by the Deft or that he was present aiding or abetting encouraging or sanctioning the act they ought to find him guilty of grand Larceny and the punishment is Confinement in the State Penitentiary for a period of not less than one nor more than five years if the property has been proven worth over four dollars," To each and every one of which the Defendant objected and the Court overruled the objectives and gave each and all of said instructions to the Jury as the law of the case to which opinion of the court the Defendant then and there excepted and still excepts

The Defendant then asked the Court to Instruct the Jury

1^st That unless the Jury believe from the evidence to the exclusion of a reasonable
doubt that the guns taken were the property of William Reams or they were lawfully in his possession they ought to acquit the Deft.

2 That if the Jury believs from the evidence that the guns were government property and in the possession of said Reams fo an unlawful purpose that U S soldiers had a right to take them and turn them over to the government both of which instructions were given by the Court Defendant then asked the Court to give the following instruction

That if they believe from the evidence that the Deft. was summoned by an officer to go and arrest Reams under a charge of Robery that it was his duty to go and that he is not responsible for the acts of any one in the [...] except his own which instruction the Court overruled and refused to give to which the Defendant excepted but the Court gave said instruction with the following modification: unless the acts of all have changed from a lawful to an unlawful purpose or that
< 6 >
or that the procurement of said warrant for the arrest of Reams was done to cover up an unlawful purpose and not done in good faith To which modification Defendants excepted and still excepts

The Defendant then asked the Court to give the following instructions Numbered 4 5 & 6 7 viz

4 That assuming all to be true which the evidence in this case tends to prove yet if any other hypothesis except that the Defendant is guilty the Jury ought to acquit him

5 That if the Jury have a reasonable doubt of the defendant having been proven guilty upon the whole case they ought to acquit him

6 That the statements of the Defendant when proven by the Comlth are testimony as well for him as against him

7 That if Reams had the guns charged to have been taken for the purpose of Defending himself against a lawful arrest the officers and Those summoned by him had a right to take the guns to prevent them from being so used which instructions were given by the court

All the foregoing instructions being all of the instructions asked by either party or given by the court the case was submitted to the Jury who returned the following verdict (see verdict page "6" of this Transcript

The Defendant then moved the Court for an arrest of Judgment and also for a new trial upon written grounds filed (see page 6 & 7) and in support of said motion for a new trial the Defendant produced and filed his own affidavit and the affidavits of H C Steel Emily Mitchell G B Hatfield Eliza Mitchell Leonard Knight and J Mitchell & Riley Howel and the same are as follows

<< Afd^t of Deft for new trial >
The Defendent Daniel Steel in support of his motion for a new trial and further grounds therefor states that since his trial and conviction at the present Term of the court he has discovered that he can prove by Emily Mitchell and G B Hatfield of Whitley County that shortly after the guns should have been taken from Reams G P Steel brought to
G B Hatfield an army gun answering to the description of one of the guns taken from Reams and left the same at Hatfields to Keep it til he called for it that the gun is yet at Hatfields and that this defendant laid no claim to the gun or had any thing whatever to do with it as far as Known to said withness that Emily Mitchel was at Hatfields at the time G P Steel took the guns then and remained there for several months afterwards He has also discovered that he can prove by Riley Howel of Whitley County that in a verry short time after the guns were taken from Reams that William Barton took one of the guns or a gun of the same description to the house of the mother of the said Riley Howel and that the same gun has been in the neighborhood ever since and is yet there and that this defendant has had nothing to do with the gun or laid any claim to it since it was left at Mrs Howels by Barton aforesaid

He further states that as a means of meeting the statements of Reams
made on the trial to the effect that he did not believe Defendent was in good faith in wanting Reams to get his mare he can prove by Leannah Knight Ann J Mitchell H C Steel & Eliza Mitchell that he was anxious and made various efforts to have the mare returning to Reams He states that he had spoken to W H Randall to defend him against this prosecution and Randall had said he would do so and affiant had relied upon the services of said Randall in his defence up to the time the case was called for trial and had made no other arrangement for councel until that term he did not know that the absence of his Council would be grounds of postponement and therefore said nothing about it His council being absent he had not been advised as to the nature of the proof it was necessary for him to produce he had therefore been unable and had failed to discover and produce the testimony aforesaid on the trial because he himself
< 7 >
did not Know that it would be of service to him He further says that he is not guilty of the Robery charged in the Indictment or of the Larceny for which he has been Convicted that he did not take the guns or either of them by himself or in connection with the others named in the Indictment or any one else either by force or putting the said Reams in feare nor did he feloniously steal take and carry away said guns from Reams or either of them by himself or in Company with others or did he aid or assist or render himself guilty in any way whatever but that he was all the time acting in good faith under the officer who had the warrant and who had summoned him to aid in the execution and that it is true that he tried in various ways to have Reams mare returned to him he refers to the affidavits of Emily Mitchell G B Hatfield Riley Howel Leannah Knight A J Mitchell H C Steel & Eliza Mitchell and makes them part of this affid^t and says the are true

He therefore prays the court to give him a new trial on which he can have the benefit of the evidence of Refered to and a full and fair hearing before the court and Jury which he has not had owing to the absence of his Council and the testimony afs^d

Daniel Steel

Sworn to before me by Daniel Steel the 21^st day of March 1865

C B Faris clk

<< Afdt of H C Steel >
Whitley County Ky March the 18^th 1865

This day H C Steel personally appeared before the undersigned John G Sharp a Justice of the peace for said County after being duly sworn by me and states upon oath that Daniel Steel was insulted at Isham Faddis and G P Steel for bringing a certain sorrel mare and a horse supposed to belong to William Reams of Laurel County Kentucky he the said Steel was in favor of Reams a getting his property witness states that Daniel Steel told him that said Faddis should not come about him on the account of his stealing Reams horses and other things witness
States that the same day at the same place he heard Daniel Steel tell G P Steel to take Reams horse back and give him up to Reams

H C Steel

Sworn and subscribed before me and in my presents the day and yeare above written

John G Sharp J P

The Same day and at the same place personally appeared Emily Mithcell before me a Justice of the peace after first being duly sworn states upon oath that G P Steel brought an army gun to G B Hatfields shortly after said gun was taken from Reams the witness states that she never heard of Daniel Steel having any thing to do with said gun any way witness states that she was living at said Hatfields at the time G P Steel brought said gun there and it was there when she left, witness states that Daniel Steel was not there during that winter for she staid there until some time in the spring she further states Daniel Steel has never held any claim to said gun

Emily Mitchell

Sworn and subscribed before me and in my presence the day and date before written

John C Sharp J P

And at the same time and at the same place personally Came G B Hatfield and after first being duly sworn states upon oath that G P Steel left an Enfield rifle at his house shortly after some guns was taken from Reams and told witness to Keep it until he called for it witness states that Daniel Steel has not been at his house since the gun was left there he never heard him speak of the gun or ever heard of his laying any Claim to the gun and that the gun is still at his house

G B Hatfield

Sworn and subscribed to before me and in my presence the day and yeare first above written

John G Sharp J P

Eliza Mitchel after first being duly sworn states upon her oath that she was at Gale Steels when Isham Faddis Rode a certain nag up Daniel Steel found out where the nag
Come from and told Faddis and Dick Steel to take the nag back where they got it and not to bring it about him The said Daniel Steel and Faddis had a quarrel over it and Steel told Faddis to leave and not to Come on his premises again witness states she never saw Faddis on the place afterwards witness states that she thought the were both mad and in good faith when quarreling witness states further that the nag was said to have been taken from a man by the name of Reams in Laurel County Kentucky, Whitley County Kentucky this March 18^th 1865

Eliza Mitchell

sworn to and subscribed before me & in my presence the day and year above written

John G Sharp J P

At the same time and place personally came Leannah Knight and after first being duly sworn states upon her oath that Daniel Steel tried to get her to take the nag spoken of above to Reams and said if she would get the nag
and bring it to her witness told Steel that She would Study on it and Steel come to her the second time and asked her if she would take the nag that he was sorry for Reams and would get the nag and take it to Reams himself but he was afraid that they would injure him or his property and told witness if she would take the nag to Reams he would get it and go with her out of danger witness told Steel that she was a lone woman and was afraid to have anything to do with it Steel then proposed to witness that if she would Conceal Reams at her house that he would get the nag and bring it to Reams witness Refused to have anything to do with it in any way

Leannah Knight

sworn and subscribed to before me and in my presence the day and gave before written

John G Sharp J P

At the same time and place personally came Ann J Mitchell and after first being duly sworn states upon her
oath that Daniel Steel tried to get her to take the nag back to Reams that it was his rights and he wanted him to have it and if she would take the nag that he steel would go neare Reams with her and come back that he was afraid to take the nag himself for feare there would be private injury done him on account of it

Ann J Mitchell

Sworn to and subscribed to before me the day and year before written

John G Sharp J P

Whitley County Kentucky March the 19^th 1865 This day personally appeared Riley Howel before me John G Sharp a Justice of the peace for said County after first being sworn by me states upon oath that William Barton was in the crowd that went to Reams when some army guns was taken witness states that William Barton of Knox County Ky brought said gun to his mothers shortly after said gun was taken and left it there and it remains in the neighbourhood
Yet witness states that Daniel Steel has never had anything to do with said gun after the said William Barton brought it to his mothers witness states that he had saw Daniel Steel frequently since Since that gun was left at his mothers said Steel never named any thing about the gun any way witness states that said gun has not been traded bought nor sold by any person

Riley Howel

sworn to and subscribed before me and in my presence the day and date above written

John G Sharp J P

Both of which motions the court overruled to which opinion of the Court the Defendant excepted and still except and the Court then rendered the following Judgmt (see Judgt page 7) from which the Defendant prayed an appeal to the Court of appeals which is granted and the Defendant makes and files his bill of exceptions as part of the record herein signed Sealed and enrolled as the manner is

State of Kentucky
County of Laurel } SS

I Charles B Farris clerk of the Laurel circuit court do certify that the foregoing and annexed thirty two pages of written matter contains a full and complete transcript of the record herein

Given under my hand 16^th November 1865

C B Faris clk

Laurel Cir Ct
Comlth
vs } Record
Danl Steel

Dcr 6th 1865

This man ought never to have been convicted. If judges would instruct juries the true law of the case and expound to them the importance of a felonious or fraudulent motive as essential to constitute the crime of felony and that a [taking] under a mistaken view of right though wrong and a trespass is not a felony these great wrongs of improper convictions would be avoided.

Tho E Bramlette
Govr

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