Commonwealth of Kentucky v. William C. Dorsey et al., Transcript

KYR-0001-020-0956.xml

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Citation
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Accession Number

KYR-0001-020-0956

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

MG19-513 to MG19-516

Place of Creation

Pendleton County, Kentucky

Date of Creation

12 July 1861

Dates Mentioned

1861-04

1860-10-18

1860-09-01

1861-02-19

1861-02-21

1861-03-04

1861-04-15

1861-04-16

1860-09-04

1860-09-07

1860-09-15

1860-10-12

1860-09-17

1861-04-17

1861-07-12

Commonwealth of Kentucky v. William C. Dorsey et al., Transcript, 12 July 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG19-513 to MG19-516, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0956, (accessed April 25, 2024).

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< 1 >
Commonwealth of Kentucky
Pendleton County & Circuit } Sct

Pleas before the Honorable Saml M Moore Judge of the Pendleton Circuit Court on the [ ] day of April 1861.

The Commonwealth of Ky plaintiff
against } Recognizance
Wm C Dorsey & others defendants

Be it remembered that at a circuit court began and held in and for the county of Pendleton on the 18^th day of October 1860 the following order was made herein towit,

This day came the atty for the commonwealth and and the defendant failing to appear it is ordered that his recognizance with Saml F Swoope M Mullins E W Knight and A G Roberts his sureties be forfeited, and that summons issue against against them returnable to the first day of the next term,

The following is the bond Refered to W C Dorsey in custody charged with the offence of attempting to intice away Slaves from the State of Kentucky into the State of Ohio and being allowed to give bail in the sum of Five hundred Dollars ($500.00) now we M Mullins E W Knight S. F Swoope &, A. G. Roberts hereby undertake that the aboved named W. C Dorsey will appear in the Pendleton Circuit Court on the first day of its next October term to answer said charge and will at all times render himself ameniable to the orders and processes of said court in the prosecution of said charge and if convicted will render himself in Execution thereof or if he shall fail to perform either of these
< 2 >
conditions that we will pay to the Commonwealth of Kentucky the Sum of five hundred dollars Witness ower hands this 1^st day of September 1860

M Mullins
Edward W Knight
Saml F Swoope
A. G. Roberts

Acknoweldged before me, Ja^s J Hudnall Presiding Judge of the Pendleton County Court this 1^st day of September 1860

O On the 19^th day of Feby 1861 a Summons issued on the foregoing Recognisance which was returned Executed on M Mullins S F Swoope & A G Roberts on the 21^st Feb 1861 and on E W Knight March 4^th 1861

At a Circuit Court held as aforesaid on the 15^th day of Aprill 1861. The following order was made herein towit)

This day came the parties by their attorneys and the defendants tendered their answer herein which is filed and the plaintiffs demurred to the defts answer and the cause Submitted on demurrer

The folloing is the answer Refered to in the foregoing order

Pendleton Circuit Court
Commonwealth of Kentucky, Plaintiff
vs } Answer
W. C. Dorsey defendant

The defendants for answer to the Scifa &c Say that said defendant W.C. Dorsey since the recognizance &c has been found insane by a court of
< 3 >
competent Jurisdiction in the state of Ohio (towit) The probate Court of Hancock County in said state and by the Judgement of said court was committed to the Lunatic Asylum of said State as an insane person and has been and was so, found insane at the time of the forfeiture of the Recognizance at the last term of this court, and has been held and Kept in custody in said asylum as an insane person as appears by the record and proceeding of said court filed and therefore has failed to appear before this court and defendants have been unable to produce him here

Sam^l F Swoope
Att for defts

A. G Roberts says he believes the Statements of the foregoing answer are true

A G Roberts

Sworn to before me by A. G Roberts Aprill 16^th 1861

Att, M, Mullins Clk

The following is the Proceeding of the Probate Court of Hancock County Ohio as Refered to (Towit)

Be it remembered that on the 4^th day of September A. D 1860 the following Statement was filed in the Probate Court of Hancock County Ohio towit) The State of Ohio Hancock County Ss

The undersigned a Citizen of Hancock County Ohio being duly sworn says that he believes William C Dorsey is insane and hias ~~been~~ insaneity is of less than two years duration and his being at large is dangerous to the community and to himself. He has a legal settlement in Allen Township in said County dated the
< 4 >
fourth day of September 1860 W^m Dorsey Sworn to and Subscribed this 4^th day of September 1860 before me

J H. Barr Probate Judge

Thereupon the following writ was issued to the Sheriff of said County; The State of Ohio Hancock County ss, To the Sheriff of said County Greeting Whereas on the 4^th day of September 1860 William Dorsey made a statement under Oath that he believed that William C Dorsey was insane that his being at large is dangerous to himself and to the community you are therefore hereby Commanded to arrest and Safely keep the said W. C. Dorsey in the Jail of Said County and that you have him before the Probate Court of said County on the 7^th day of September 1860 for the purpose of investigating said alledged insanity and until he is discharged by a due course of law of witness my Signature and the seal of said court at Findlay this fourth day of September 1860

{Seal}
J H Barr Probate Judge

Probate Court Hancock County Ohio Sept 7^th 1860 Sheriffs return of writ Recd this writ Sept 4^th 1860 and according to the within command I did arrest the within named W^m C Dorsey & lodge him in Jail and have him now present in court September 7^th 1860

J M. Neibling Sheriff, H C, O,

Thereupon the following witnesses were sworn and Examined Charles Oesterlin a Practicing
< 5 >
Physician of Said County and William W Siddall, Thereupon Said Charles Oesterlin Medical witness made the following written Report (as required by law)

The State of Ohio Hancock County ss. I Charles Oesterlin a Practicing Physician of Said County and State, Having Examined personally William C Dorsey of the County and state aforesaid, do find that he is laboring under insanity He is free from any infectious disease and [...] he is about (20 years old and had a short attact of insanity about one year ago has been melancoly at times and showed Symptoms of his present insanity some two months since The supposed cause of his disease is heriditary has never been subject -- Epilipsy has been violent to his friends has had no medical treatment

Signed, Charles Oesterlin

Sworn to and subscribed this 7^th day of September 1860

J H Barr Probat Judge

And on the 7^th day of September 1860 The following entery was made in the Probte Court to wit,

In the Matter of the insanity of William C Dorsey, after hearing the proofs and allegations in this matter. It is considered by said Court that William C Dorsey is insane and that he is Entitled to the provisions made by law for the Benefit of insane persons, Therefore a transcript of Said ~~judgement~~ proceedings was forwarded to the Superintendant of the Asylum, at Columbus Ohio and afterwards on the 15^th day of September 1860
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The Superintendant of the Lunatic Asylum at Columbus Ohio ordered Said patient to be Sent to said Asylum, Thereupon the following Warrant was issued to the Sheriff of Hancock County The State of Ohio Hancock County ss Office of the Probate Judge of said County To J M Neibling Sheriff of Said County all the proceedings prescribed by law to Entitle William C Dorsey to be admitted to the lunatic Asylum having been had you are Commanded forthwith to take charge of and convey said William C Dorsey to the Asylum at Columbus, and you are ~~therefore~~ authorized to take William Dorsey as assistant, after executing this warrant you Shall make due return thereof to this office Witness my hand and official seal this 15^th day of September 1860

{Seal}
J H Barr Probate Judge

And Said warrant was returned Endorsed as follows Lunatic Asylum Columbus Ohio September 15^th 1860 Received this day of J M Neibling W^m. C Dorsey

R Hills Supt

The State of Ohio Hancock County ss

I J H Barr Judge of the Probate Court in and for the County of Hancock and State of Ohio (Said Court being a Court of Record) and the Judge being also Clerk of his Court do certify the foregoing to be a true copy of the proceedings and of the record made in Said Court in the foregoing case of
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insanity and that the Same was made agreable to the laws of Ohio in Such cases made and provided, Witness my signature officially and the Seal of Said court at Findlay this 12^th day of October A D 1860 J. H. Barr Probate Judge

{Probate Court Hancock County
Ohio}

The following is a copy of the Superentendents ^certificate^ of the Lunatic asylum (towit)

Central Ohio Lunatic Asylum
Columbus O Sept 17^th 1860

I hereby certify that W^m C Dorsey was admitted into this asylum as an insane ~~person~~ patient on the fifteenth of this month upon the legal proceedings and decision of the Probate Court for the County of Hancock and State of Ohio. I further Certify that from observation made Since his admission I have no doubt that he is now insane

Given under my hand and the Seal of the Asylum the day and date above written

{Lunatic Asylum at
Columbus Ohio}

R Hills M, D
Superintendent of the Central O Lunatic Asylum

The following is the Judgement of a Circuit Court held ^as aforesaid^ on the 17^th day of Aprill 1861 (To wit)

This day came the parties by their attorneys and the plffs demurred to the answer
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Which being considered was sustained and leave to defts to amend and failing to answer It is adjudged by the court that the plaintiff Recover of the Said Defendants $500, the amount of the forfeited recognizance together with cost herein expended and defendants except and prayed an appeal which is granted

Commonwealth of Kentucky
Pendleton County } Sct

I Matthew Mullins clerk of the circuit court for the county aforesaid do certify that the foregoing eight pages including this page contains a correct and complete transcript of the record of the case as the same is of record & on file in my office Given under my hand this 12^th day July 1861

M Mullins ck

Commonwealth
vs } Transcript Record
W C Dorsey &c

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