Commonwealth of Kentucky v. James Mills, Milton Simpson, and Frank Curtis, Transcript

KYR-0001-004-2760.xml

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Citation
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Accession Number

KYR-0001-004-2760

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

BR17-5 to BR17-10

Place of Creation

Nelson County, Kentucky

Date of Creation

1 November 1865

Dates Mentioned

1865

1865-03-29

1864-12-30

1865-03-28

1865-01-02

1864-02-15

1865-03-30

1865-05-22

1865-01-06

1865-06-25

1865-11-01

Commonwealth of Kentucky v. James Mills, Milton Simpson, and Frank Curtis, Transcript, 1 November 1865, Office of the Governor, Thomas E. Bramlette: Governor's official correspondence file, petitions for pardons, remissions, and respites 1863-1867, BR17-5 to BR17-10, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-004-2760, (accessed April 28, 2024).

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State of Kentucky
Nelson Circuit Sct

Please before the Honorable John E Newman Sole Judge of the Nelson Circuit Court, at the Court House in Bardstown on the [ ] day of [ ]1865.

Be it Remembered that on the 29^th day of March 1865 the Grand Jury of Nelson County, returned the following Indictment towit:

<< Indictment >
The Commonwealth of Kentucky
Against } Nelson County Circuit Court
James Mills. Milton Simpson and Frank Curtis

The Grand Jury of Nelson County in the name and by the authority of the Commonwealth of Kentucky accuse James Mills, Milton Simpson and Frank Curtis of the Crime of Robbery, Committed as follows. The Said James Mills. Milton Simpson and Frank
<< 2 >
Curtis on the 30^th day of December 1864 in the County aforesaid did feloniously Steal take and carry away one Gold Watch of the value of Two Hundred Dollars the personal property of J W Wright, from his person and in his presence, and against his will, by putting him in fear of some immediate injury to his person, against the Peace and dignity of the Commonwealth of Kentucky

L. H. Noble -- Attorney for the Commonwealth

Witnesess before the Jury
George Able., J W. Wright
T Hartman -- John Mackay
and R. Conner.

Said Indictment appears Endorsed
"A True Bill
C H Allen
Foreman of the Grand Jury"

<< Order of the Court >
And in Court March 28^th 1865. the following order towit:

It is now ordered by the court that the prisoners James Mills
Milton Simpson and Frank Curtis now in the Jail of Jefferson County, under the order of the Judge of this Court be brought forthwith into this Court to answer a prosecution pending herein against them for felony And the Jailer of Jefferson County is hereby ordered (upon the production of an official copy of this order) to deliver the Said James Mills, Milton Simpson and Frank Curtis, to the Sheriff of Nelson County or his authorized Deputy. And the Sheriff of Nelson County is hereby ordered and required to bring said prisoners into Court forthwith, if in session at the time of his arrival at Bardstown -- if the Court be not then in session said Sheriff is directed to commit said prisoners to the Jail of Nelson County

And the Jailer of Nelson County is hereby commanded to receive and safely keep said James Mills Milton Simpson and Frank Curtis until further order of this Court herein -- And the Sheriff is hereby further directed and authorized
<< 3 >
to Summon a Guard, not exceeding five persons, to be Selected by himself and under his control to enable him to execute this order.

The order of the Court removing prisoners from Nelson to Jefferson County was made by the Judge of this District on the 2^nd day of January 1865 -- and "filed January 2 18645 Att W H Slaughter clk", Which order is as follows to wit.

<< Order of Removal to Jefferson County >
The Commonwealth of Kentucky
To the Sheriff or Coroner of Nelson County and the Jailer of Jefferson County Greeting:

Whereas James Mills Milton Simpson and Frank Curtis in default of bail in the Sum of $500.⁰⁰ each were committed and are now confined in the Jail of Nelson County to appear and answer at the next term of the Nelson Circuit Court to the charge of Grand Larceny and burglary committed in said county of Nelson -- and it appearing to me that there is danger that
they will be rescued from said Jail by violence.

It is now ordered that the Sheriff or Coroner of Nelson County, with a guard not exceeding eight men, do forthwith remove Said James Mills Milton Simpson and Frank Curtis to the Jail of Jefferson County, and deliver them to Said Jailer, and that the Said Jailer of Said County of Jefferson do Safely Keep Said prisoners in his custody pursuant to the provisions of an act entitled an act concerning the Jails of this Commonwealth Approved February 15^th 1864. Given under my hand as Circuit Judge of Fifth Judicial District of Kentucky at Bardstown this 2^nd day of January 1865

John E Newman
Judge 5^th Jud Dist of Ky,

<< Order fixing Bail >
And in Court March 29^th 1865 the following order appears.

The Court affixes Bail in this Cause at Five Hundred Dollars each

It is ordered that process issue thereon -- endorsed &c --
<< 4. >
And again in Court March 30^th 1865 the following order towit.

<< Trial >
The Defendants Frank Curtis and Milton Simpson being brought into Court and Saying they had no counsel and no means to procure any, thereupon the Court appointed W^m R Grigsby Esq and Thomas W Riley Esq Attorneys to defend for them

<< Forfeiture of Bail Bond of James Mills >
The Defendant James Mills having been admitted to Bail, as appears from the Bail Bond transmitted from the Judge of the Jefferson County Court and filed herein, and failing to appear though called -- It is ordered that the Bail Bond for the Sum of $500.⁰⁰ be and is hereby declared forfeited, and it is ordered that process issue thereon, and also that a Bench Warrant issue agaisnt Defendant Mills, and this prosecution is continued as to him.

And the Defendants Milton Simpson and Frank Curtis waived arraignment and entered plea of not Guilty, and thereupon came
a Jury towit: Sam^l Wisehart. Jacob Culver. M Jupin. Thomas Anderson Issac Shawley. John M^cGill. John Boone John And Richard Higgins. A S Brooks W^m Walker and Charles T Brown, who having been duly sworn as required by the Statute, and after hearing the evidence and arguments of counsel returned the following veridct towit. "We of the Jury find Milton Simpson and Frank Curtis Guilty of the crime of Robbery charged in the within indictment and fix their penalty at three years imprisonment in the penitentiary each

A. S. Brooks. foreman"

Whereupon the prisoners were remanded to Jail.

<< Bail Bond >
The following is the Bond referred to in the foregoing order. -- viz

Jefferson County Court
March 28^th 1865:
Present Hon Anderw Monroe

Commonwealth Plff
versus } Charge felony
James Mills Deft

This day came the accused being in Custody of the Jailer together
<< 5 >
with S Griff his Bail, and gave Bond as follows towit.

We James Mills as principal and S Griff as Security acknowledge ourselves indebted to the Commonwealth of Kentucky in Five Hundred Dollars each, but upon condition and to be void should I James Mills personally appear in the Nelson Circuit Court at this Term commencing Monday the 27^th inst, and Surrender myself into Custody to answer to a charge of felony and not to depart without leave of the Court

James Mills
S. Griff.

Interlined and erased before Signing
Attest James P Chambers. C. J. Circuit ct

Kentucky Jefferson County Court

The foregoing Bond was this day signed and acknowledged before me by James Mills and S Griff and the Said Mills is discharged from Custody

Andrew Monroe
Judge Jefferson County Court March 28. 1865
And Said Bond is endorsed "filed March 30^th 1865.

Att W H Slaughter clk
By W H Willett. D C. -- "

<< Process & Return >
Upon the forfeited Bail Bond process was issued, and was returned endorsed as follows towit.

"Executed on S Griff May 22. 1865 by delivering him a copy of this Summons -- Mills not found

W. A. Ronald. S. J. C.

<< Bench Warrants & Return >
Bench Warrants issued against James Mills endorsed that Bail may be given in the Sum of $500.⁰⁰ returned endorsed

"Not found. May 22. 1865
W. A. Ronald. S. J. C.

<< Jailer of Jefferson Co Receipt for Prisoner >
The following paper appears in the papers marked "filed January 6^th 1865. Att W H Slaughter clk"

"Louisville January 2^nd 1865

Received of the Sheriff of Nelson County the following prisoner Lewis Mills, Milton Sempkins and Frank Curtis by order of the Judge of the fifth (5^th) District

W^m K Thomas. J. J. C.
<< 6. >

And again in Court September 25^th 1865. the following order towit.

<< Judgment v S Griff on Forfeited Bail Bond >
The Defendant S Griff having been duly Summoned and failing to answer, it is adjudged by the Court, that the plaintiff recover of Said defendant the Sum of Five Hundred Dollars with interest thereon from this date, and may have execution -- and an alias process is awarded against the defendant James Mills and continued.

<< Clerks Certificate >
State of Kentucky
Nelson circuit Sct.

I W H Slaughter Clerk of the Nelson Circuit Court do certify that the foregoing record -- from pages 1 to 6 inclusive, contains a true and complete transcript of the papers on file, and the pleadings as had ^in the case mentioned in the caption -- ^ as appears of record in my office. -- Given under my hand this 1^st day of November 1865.

Attest W^m H Slaughter clk
By William H. Willet. D C

{Revenue Stamp}
{Revenue Stamp}
{Revenue Stamp}
Index

Indictment	Page	1
Order of Court	"	2
Order of Removal to Jefferson Co	"	3
Order fixing Bail	"	3

Nelson Circuit Ct
vs
J Mills, M Simpson & F. Curtis

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