State of Indiana v. John W. Rutherford, Indictment

KYR-0001-006-0056.xml

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Citation
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Accession Number

KYR-0001-006-0056

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Requisitions for the Return of Fugitives from Justice, 1863-1867

Item Location

BR6-66 to BR6-68

Place of Creation

Vanderburgh County, Indiana

Date of Creation

14 May 1865

Dates Mentioned

1865-04-20

1865-04

1863-09

1863-09-14

1863-09-15

1863-07-24

1865-05-14

State of Indiana v. John W. Rutherford, Indictment, 14 May 1865, Office of the Governor, Thomas E. Bramlette: Governor's Official Correspondence File, Requisitions for the Return of Fugitives from Justice, 1863-1867, BR6-66 to BR6-68, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-006-0056, (accessed January 10, 2025).

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Be it remembered that on the 20^th day of April 1865 the Grand Jury, empanneled and sworn to enquire for the State of Indiana within the County of Vanderburgh, returned, as a true bill, into the Circuit Court in afor said County the following Indictment

The State of Indiana
vs } Perjury
John M Rutherford

In the Vanderburgh Circuit Court April Term 1865.

The Grand Jury, empannelled ~~and~~ Sworn and charged to enquire for the State of Indiana, in and for the body of the County of Vanderburgh, upon their oath present and charge, That heretofore, to wit: at and during the September 1863 of the Court of Common Pleas of Vanderburgh County in the ^Said^ State of~~Indiana~~, there was a certain Suit or action pending in the said Court in which one Archibald M Rutherford was plaintiff and George Wolflin, Andrew L. Robinson, Joseph W. Newland, Thomas P. Hughes, and John H. Hutchinson, were the defendants, which Said Suit, So pending, came on to be tried in said Cou~~nty~~rt, upon issues joined between the Said parties and was tried on the 14^th and 15^th days of September 1863 by a certain Jury of the County in that behalf duly sworn and taken between
the said parties. And the Grand Jurors aforesaid do further present and charge that at and upon the trial of the issues, so joined between the parties aforesaid, John W. Rutherford appeared as a witness for and on behalf of the Said Archibald M. Rutherford, the plaintiff in the Suit or action above mentioned and was, then and there, as such witness, in due form of law Sworn before the said Court by Louis Richter Esqr, the Clerk of the said Court, the said Clerk then and there having competent authority to administer said oath to said witness; and that upon the trial of the said issues so joined between the said parties as aforesaid, it became and was important and material to enquire whether the said John W. Rutherford, on or about the 24^th day of July 1863, at the quarters of one Captain Hodge in the town of Caseyville in the State of Kentucky, had stated to one William H. Shook, in a conversation with Said Shook "that certain goods and merchandize then at Fords ferry in the Said State of Kentucky were the property of the said John W. Rutherford, and that the Said goods and merchandize had been purchased with his (John W. Rutherford's) money, and that the said goods and merchandize were not the property of Archibald M Rutherford and that he, the said John W. Rutherford,
hand marked and shipped the said goods in the name of his brother, A. M. Rutherford, for the reason that he, the said John W. Rutherford was owing Some old debts in Louisville, and that he was doing business in the name of his brother to prevent his creditors from taking his goods from him; and the said John W. Rutherford having been so sworn as aforesaid on the trial of Said Suit or action, to wit: on the 14^th day of September 1863 at the Said County on the trial of said Suit or action upon his oath aforesaid, Knowing, falsely, wilfully corruptly and feloniously did swear and testify (among other things) to and before the said Court and the Jury So Sworn to try the issues as aforesaid in substance and to the effect following, that is to say, that he, the said John MW Rutherford, on or about the 24^th day of July 1863 at the quarters of Captain Hodge in the town of Caseyville in the State of Kentucky and in a conversation with the Said William H. Shook, had not stated and did not state to Said Shook that the Said goods and merchandize then at Ford's ferry in the said State of Kentucky were the property of the said John MW. Rutherford and that the said goods and merchandize had been purchased with his (the said John MW. Rutherford's) money, and that the Said
goods and merchandize were not the property of Archibald M. Rutherford, and that the, the said John MW. Rutherford, had marked and shipped the said goods and merchandize in the name of his brother A. M. Rutherford for the reason that he, the said John W Rutherford, was owing some old debts in Louisville, and that he was doing business in the name of his brother to prevent his creditors from taking his goods from him; Whereas in truth and in fact he, the said John W Rutherford on or about the 24^th day of July 1863, at the quarters of the said Captain Hodge, in the town of Caseyville in the said State of Kentucky, in a conversation with the said William H. Shook, did state to the said Shook that the Said goods and merchandize, then at Ford's ferry in the State of Kentucky, were the property of the Said John W Rutherford, and that the Said goods and merchandize had been purchased with his, the Said John W Rutherford's, money and that the said goods and merchandize were not the property of Archibald M. Rutherford, and that he, the said John W Rutherford, had marked and shipped the Said goods and merchandize in the name of his brother, A. M. Rutherford, for the
reason that he, the said John W Rutherford, was owing some old debts in Louisville, and that he was doing business in the name of his brother to prevent his creditors from taking his goods from him.

And the Jurors aforesaid upon ther oath aforesaid do say that the said John W. Rutherford then and there, in the manner and form aforesaid did, wilfully, Knowlingly, corruptly, falsely and feloniously commit wilful and corrupt perjury, contrary to the form of the Statute in Such case made and provided and against the peace and dignity of the State of Indiana.

Lewis C. Stinson
Pros. Atty.

Endorsed
The State of Indiana
vs } Perjury
John W. Rutherford

Witness:
W. H. Shook
Allen Cunningham
Berry S. Young
Louis Richter

Indictment
A true bill.
Joseph Berridge
Foreman
L. C. Stinson
Pros. Atty

Filed April 20^th 1865
Blythe Hynes Clk
per H. W. Bippas. D. C.

State of Indiana
Vanderburgh County } SS.

I, Blythe Hynes, Clerk of the Circuit Court in & afor Said County and State do hereby certify that the within and foregoing is a full true and complete copy of the Indictment against John W. Rutherford, returned by the grand Jury into said Court as will more fully appear by reference to the Record of Indictments of Said Court in my office.

Witness my hand and the Seal of Said Court this the 14^th day of May 1865

Blythe Hynes
Clk V. C. C

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