Commonwealth of Kentucky v. Daniel W. Clark, Transcript

KYR-0001-020-0406.xml

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Citation
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Accession Number

KYR-0001-020-0406

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG18-128 to MG18-131

Place of Creation

Kenton County, Kentucky

Date of Creation

24 January 1861

Dates Mentioned

1860-12

1861-01-19

1861-01-14

1860-12-29

1860-11

1861-01-02

1861-01-24

Commonwealth of Kentucky v. Daniel W. Clark, Transcript, 24 January 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-128 to MG18-131, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0406, (accessed April 25, 2024).

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State of Kentucky
Kenton Circuit Court
December Term 18610, January 19/1861

Pleas before the Hon Samuel M Moore Judge of the Kenton Circuit Court at the Court house in Covington on the 14^th day of January A, D, 1861,

Commonwealth of Kentucky Plaintiff
against
Daniel W Clark Deft

Be it remembered that hertofore towit on the 29^th day of December 1860, The Grand Jury of this county came into Court, and reported an Indictment against the Defendant for felony which is in words and figures following viz --

Kenton Circuit Court
Commth of Ky agst Daniel W Clark, for feloniously taking Goods from Store house, &c,

The Grand Jury of Kenton County in the name and by the authority of the Commonwealth of Kentucky accuse Daniel W Clark of the Crime of unlaw=

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fully & felonioulsy taking certain Goods wares & merchandize from the Store house and Shop of one Samuel B Laird, Committed as follows -- to wit -- The Said Daniel W Clark on the [ ] day of November in the year of our Lord one thousand and Eight hundred & Sixty -- and before the finding of this Indictment in the County aforesaid a certain piece of merchandize towit a certain Knife then & there being in the store house and shop of one Samuel B Laird, and of the personal property, Goods, wares and merchandize of said Laird, did then & there unlawfully & feloniously take therefrom and out of said Store house & shop, against the peace and dignity of the Commonwealth of Kentucky

W, E, Arthur
atty for the Comth --

Witnesses
Samuel B Laird
W Allnutt
C Butts

And afterwards towit on the 2^nd day of January 1861, The following Entries & orderesS were made in

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this cause viz

The Defendant demmured to the Indictment, which was heard overruled & Deft Excepts.

<< Order court{ >
The Deft then plead not Guilty & thereupon came a Jury viz -- F Harmann W^m Long, H, H, Mayo, D Harris, Richard Steers John Wolf, F Dressman, John Wesner, J W, Herbert, John Hambrick, N W Ingersoll, & H, G, Sarjeant, who being duly sworn well & truly to try the issue, after hearing the Evidence & argument of counsel, returned the following verdict viz -- "We the Jury find the Defendant Guilty and assess his punishment at one year in the penitentiary John Wolf foreman," and it is ordered that the Defendant be remanded to Jail & the Knife the stolen property is ordered to be restored to S, B, Laird,

After the testimony in the case was offered, by pltff & Deft, The

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attorney for the Commonwealth, asked the following Instructions, which were Excepted to by Deft -- but Given

<< Instructions} >
If the Jury find from the Evidence that the Deft in this county, before the Indictment was found, & as charged in the indictment, feloniously took from the store house of Samuel B Laird the Knife as charged, & that the Knife was of any value, & that he took the same without the Knowledge & consent of the owner, & with the felonious intention of Stealing the same, Then they will find the Deft Guilty & fix his punishment by confinement in the penitentiary for not less then one nor more then seven years

But if from the Evidence the Jury Entertains a reasonable doubt as to the Guilt of the Defendant, then they will find him not Guilty --

The following instructions were asked by the Deft -- which were refused, & Deft Excepts
~~no such~~

If the Jury believe from all the Evidence

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<< Defts Instructions{ >
<< Refused{ >
That the Prisoner D, W, Clark, Stole money goods or chattels, ~~fromtheperson or possession~~ under the value of four Dollars, from the person or possession of Samuel B Laird, from his house, without violence, or putting in fear, They shall find him Guilty & shall fix his punishment, by any number of Stripes not Exceeding thrity nine, on his bare back, and if they do not so find, that he stole &c They will acquit him,

The case was then Submitted to the Jury, who returned with the folowing verdict -- (Copied on page 3)

And afterwards towit on the 14^th day of January 1861, The following Entry and orderess were made in this cause viz --

Commth	agst	D, W, Clark	Indict
Same	"	Same	"

<< Judgment{ >
The Defendant was brought into court in custody, and being informed of the nature of the Indictments pleas & verdicts, was asked if he had any thing to say

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why Judgment shall not be rendered, agst him, and saying nothing, It is adjudged that the Defendant be taken back to the Jail & from thence by the Sheriff of this County to the Penitentiary, at Frankfort and there confined at hard Labor for the period of four years for stealing the horse, of James C Foy, and at the Expiration of said Four years, for the further period of one year for stealing the Knife of Samuel B Laird

and afterwards towit on the 149^th day of January 1861 The following Entry and order was made in this Cause
viz --

<< Order Court >
The Defendant filed a bill of Evidence & Exceptions herein which were signed sealed & Enrolled, & made part of the Record and prayed an appeal to the Court of Appeals

The Defendant Excepted & still Excepts, to all & Each of the proceedings herein, and asks that this his bill of Exception may be Signed by the Judge of this Court, and made a

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part of the Record which is done

S M Moore

Index

Indictment	page 1 & 2
Orders Court	" 3 & 6
Instructions	" 4
Instructions of Deft refused	" 4 & 5
Judgment	5 & 6

Commonwealth of Kentucky
Kenton County & Circuit -- Sct --

I Napoleon B Stephens Clerk of the Kenton Circuit Court do certify that the foregoing seven pages including this one, contain a full & complete transcript of the Record of the Cause therein stated, witness my hand as clerk of said Court this 24^th day of January 1861

N, B, Stephens ck

Commonwealth
agst } Transcript of Record for Stealing Knife
D, W, Clark

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