Commonwealth of Kentucky v. S. P. Love, Transcript

KYR-0001-020-1128.xml

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Citation
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Accession Number

KYR-0001-020-1128

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

MG20-247 to MG20-264

Place of Creation

Muhlenberg County, Kentucky

Date of Creation

13 June 1861

Dates Mentioned

1861-05-17

1857-08-20

1857-08-16

1857-08

1857-11

1858-05

1858-11

1858-11-02

1859-05

1859-11-15

1859-11-16

1859-11-17

1859-11-18

1859-11-19

1860-05-15

1860-11-13

1861-05-14

1861-05-15

1861-05-16

1857-08-11

1857-08-12

1861-05-29

1861-06-13

1861-09-13

Commonwealth of Kentucky v. S. P. Love, Transcript, 13 June 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG20-247 to MG20-264, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1128, (accessed April 23, 2024).

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< 1 >

Please before Hon Tho C. Dabney Judge of the Muhlenberg Circuit Court at the Court House in Greenville May 17th May term 1861.

Muhlenberg Circuit Court
The Commonwealth of Kentucky
against
S. P. Love

<< Indictment
Ret in open court & filed
Aug 20th/57 >

The Grand Jury of Muhlenberg County, in the name and by the authority of the Commonwealth of Kentucky, accuse S. P. Love of the crime of manslaughter, committed as follows, viz: The said S. P. Love on the 16th day of August 1857. in the County aforesaid, did feloniously and willfully kill Wesley M. Little, by shooting him with a shotgun; loaded or charged with powder and leaden balls, against the peace and dignity of the Commonwealth of Kentucky.

C. Eaves, attorney for the Commonwealth of Kentucky- pro tem.

Information by
Tho^s Bruce
H. D. Rothrock
R. H. Young.
B. C. Bennett.
C. C. Forbes
S. O. Peyton
John Rothrock
R. W. Bodine
< 2 >

Robert Duncan.
J. M. Miller.
E. M. Blacklock.
James Carbon.
A. H. Lovelace.
John Kittinger.
Warner Smith.
G. L. Cabiness.
E. W. Davis.
Benj Hewlett.
G. D. York
Charles Morehead
Nathaniel Kitchell
Bryant Watkins
T. A. Pittman
W. G. Martin
Spa S. Murrell

A. M. Jackson.
R. S. Russell.
Isaac Miller
Moses Wickliffe
Summerfield Petree
W^m Fuller
N. D. Rothrock
Ch^s Wickliffe
J. D. Glover M^cLean County
R. Poole
Ch^s Robertson.
J. N. A. Neel.
Ja^s Claredy
Henry Drury
Ch^s Eaves
Jo^s Milligan
Warren County.

Muhlenberg Circuit Court
August term 1857.
The Commonwealth of Ky
against
S. P. Love, Deft

<< cont^d Plff >

The defendant being in custody was brought into Court thereupon this prosecution was ordered to be continued The defendant being admitted to bail in the sum of $3.000.00 and offered Joseph Milligan H. D. Rothrock E. Blacklock, George W. Gibson, Preston Gibson &
< 3 >
Tho^s F. Roll who were taken by the Court as his bail and entered into the following Recognizance,

<< Recognizance >

Commonwealth of Ky
against
S. P. Love

Joseph Milligan, H. D Rothock, E M Blacklock, George W. Gibson Thomas F. Roll of Muhlenberg County and Preston Gibson of Christian County appeared personally in Court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of $3000, dollars to be void however if S. P. Love shall appear in the Muhlenberg Circuit Court on the first day of its next term to answer the Indictment for manslaughter found in said Court against him and shall not depart without leave of the Court --

Tho^s Bruce, H. D. Rothrock B. C. Bennett. S. O. Peyton, John Rothrock, R. W. Bodine J M Miller E M Blacklock Ja^s Carbon, A. H. Lovelace, Warner Smith, G. L. Cabiness E. W. Davis, G. D. York, Charles Morehead, Nathaniel Kitchell, Bryant Watkins, T. A. Pittman, W. G. Martin R. S. Russell, Isaac Miller, Moses Wickliffe Summerfield Petree, W^m Fuller, N. D Rothrock J. D. Glover, R. Poole Charles Robertson, J N Neel, Ch^s Eaves & Joseph Milligan came into Court and severally acknowledged themselves indebted to the Commonwealth of Kentucky in the sum of $100 each
< 4 >
to be void however if they shall severally appear on the 2^d day of the next term of this Court to testify on behalf of the Commonwealth in the aforesaid action and not depart without leave of the Court --

Muhlenberg Circuit Court
November term 1857.

Commonwealth Plaintiff
against } Manslaughter
S. P. Love Defendant

<< Contd deft.
&
Recognizance >

This day came as well the attorney for the Commonwealth as the defendant in discharge of his recognizance And the defendant by leave of the Court filed his affidavit and moved the Court for a continuance of this cause which motion being heard it is ordered that this cause be continued until the next term of this Court and thereupon said S. P. Love, Joseph Milligan, H. D. Rothrock, William Finch, Charles Robertson, of Muhlenberg County Kentucky appeared personally in Court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void however if the said S. P. Love shall appear in this Court on the second day of its next term to answer the Indictment for felony found in said Court against him and shall not depart without leave of the Court --

< 5. >

Muhlenberg Circuit Court
May term 1858.
Commonwealth Plff
against } Murder
S. P. Love Deft

<< contd Plff >

This day came as well the attorney for the Commonwealth as the defendant in proper person in discharge of his recognizance, And on motion of the attorney for the Commonwealth this cause is continued until the next term of this Court.

<< Recognizance >

And thereupon the defendant S. P. Love, Charles F. Robertson, & H. D. Rothrock of Muhlenberg County Kentucky appeared personally in Court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void however if the said S. P. Love shall appear in the Muhlenberg Circuit Court on the second day of its next November term to answer an Indictment for felony found in said Court against him & shall not depart without without leave of the Court.

Muhlenberg Circuit Court
Nov^r 2^d November term 1858.

Commonwealth Plaintiff
against } Manslaughter
S. P. Love Defendant

<< cont^d Plff >

Ordered that Geo W. Ewing be appointed attorney for
< 6. >
the Commonwealth protem, in this case who appeared and thereupon the defendant appeared in his proper person in discharge of his recognizance. And on motion of the attorney for the Commonwealth this cause is continued until the next term of this Court.

<< Recognizance >

And thereupon the defendant S. P. Love together with E Blacklock, A. H. Lovelace and Ch^s Robertson of Muhlenberg County appeared personally in Court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void however if S. P. Love shall appear in the Muhlenberg Circuit Court on the second day of its next term to answer the Indictment found against him for manslaughter & shall not depart without leave of the Court.

Muhlenberg Circuit Court
May term 1859.
Commonwealth of Ky Plaintiff
against } Manslaughter,
S. P. Love Defendant

<< Contd Plff >

This day came as well the attorney for the Commonwealth as the defendant in discharge of his recognizance, And on motion of the attorney for the Commonwealth this cause is continued until the next term of this Court.

<< Recognizance >

And thereupon the defendant S. P. Love together
< 7 >
John Nichols & James Carbon his sureties of Muhlenberg County appeared personally in Court & acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void however if the said S. P. Love shall appear in the Muhlenberg Circuit Court on the first day of its next term to answer the Indictment for felony found in said court against him & shall not depart without leave of the Court.

Muhlenberg Circuit Court
Nov 15^th November term 1859.
Commonwealth of Ky Plff
against } Manslaughter.
S. P. Love Defendant

This day came the attorney for the Commonwealth and the defendant appeared in discharge of his bail and by consent of the parties a formal arraignment is dispensed with the defendant acknowledged the identity of his person & plead not guilty, & the attorney for the Commonwealth joined issue thereon & thereupon came a jury towit, Jason Mercer, John Staples, Tho^s Terry, W. H. James, Tho^s Jenkins, A. J. Swinney, John A. Wilkerson, Burgess Swinney, George W. Driskill E. G. Neal, Jacob Imbler, Samuel Lovell, who were elected tried and sworn well & truly to try the issue and a true verdict render in this cause, and not being time to go through with the
< 8 >
trial on to day, the Jury ~~used~~ received the usual charge from the Court and were placed under the charge of John M. Jones deputy sheriff (who was duly sworn by the Court) ~~who~~ of this county and the defendant remanded to Jail.

Muhlenberg Circuit Court
Nov. 16. Nov term 1859.
Commonwealth of Kentucky Plff
against
S. P. Love Defendant

This day came again the attorney for the Commonwealth & the defendant was brought to the bar in custody of the Jailer -- The Jury appeared & took their seats & there not being time to go through with the trial on to day the same is adjourned until tomorrow morning & the Jury placed under the charge of Jno M, Jones deputy sheriff of Muhlenberg County with the usual charge &c and the Prisoner remanded to Jail-

Muhlenberg Circuit Court
Nov^r 17th Nov^r term 1859.
The Commonwealth of Kentucky Plff
against
S. P. Love Deft

This day came the attorney for the Commonwealth and the defendant was brought to the bar in
< 9 >
custody of the Jailer; The Jury appeared & took their seats, the argument of counsel continued and there not being time to go through with the trial on to day, the same is adjourned until tomorrow morning & the Jury received the usual charge from the Court, were put under the charge of the deputy sheriff J. M. Jones and the prisoner remanded to jail.

Muhlenberg Circuit Court,
Nov 18. Nov^r term 1859.
The Commonwealth of Kentucky
against
S. P. Love Defendant

This day came the attorney for the commonwealth & the defendant was brought to the bar by the Jailer, And the jury appeared and took their seats and after argument of counsel to the jury they retired to their room to consider their verdict and they not agreeing returned into court and received the usual charge from the Court were put under the care of J. M. Jones deputy sheriff of Muhlenberg County and adjourned until tomorrow morning and the prisoner remanded to jail by the Court.

Muhlenberg Circuit Court
Saturday Nov^r. 19, Nov^r term 1859.

The Commonwealth of Kentucky
against } On Indictment For Manslaughter
S. P. Love Defendant

< 10 >

This day came the Comth by her counsel and the defendant being brought to the bar & his counsel being present, the Jury empannelled & sworn herein being present in Court and unable to agree on a verdict by consent were discharged, and thereupon the defendant together with H. D. Rothrock his surety approved by the court, undertook in open court that the said Love shall make his personal appearance here in open court, on the 2^nd day of the next term hereof to answer the charge herein prefered against him & not depart without the leave of the court, and that he shall at all times render himself ameanable to the orders and process of said Court in the prosecution of said charge. and if convicted shall render himself in execution thereof, or if he fail to perform either of these conditions that the said Love & Rothrock will pay the Commonwealth of Kentucky the sum of Three thousand dollars. the amount of Bail fixed herein by the court. & thereupon the defendant was permitted to depart from custody on bail aforesaid, The attorney for the Commonwealth tendered to the court a bill of exceptions herein to the opinion of the court in giving & refusing to grant & give to the Jury instructions herein which bill of exceptions including the testimony in the cause together with the instrutions given & those refused numbered from 1 to 6 inclusive is ordered to be and is filed as a part of the
< 11 >
record in this prosecution. The attorney for the Commonwealth prays on Appeal herein to the Court of Appeals, and this prosecution is continued until the next term of this Court.

Muhlenberg Circuit Court
May 15, May Term 1860,

Commonwealth Plaintiff
against } Manslaughter,
S. P. Love Defendant

<< Cont^d Plff >
<< Recognizance >

This day came as well the attorney for the Commonwealth as the defendant in discharge of his recognizance And on motion of the attorney for the Commonwealth this cause is continued until the next term of this Court, And thereupon ~~JamesCarbon~~, ~~JoeNeal,~~ the defendant S. P. Love together with H. D. Rothrock his security both of Muhlenberg County Kentucky, appeared in court and acknowledged themselves Jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void upon the condition that the defendant S. P. Love make his personal appearance in this court on the second day of the next term of this Court to answer the Indictment found against him in this cause for Manslaughter & not depart without leave of the Court.

< 12. >

Muhlenberg Circuit Court
Nov^r 13th Nov^r term 1860.
Commonwealth of Ky Plaintiff
against } Manslaughter
S. P. Love Defendant

<< Contd Deft >
<< Recognizance >
This day came as well the attorney for the commonwealth as the defendant in discharge of his recognizance, and on motion of the defendant this cause is continued
until the next term of this court, And thereupon the defendant S. P. Love with Cha^s F. Robertson his security appeared in open court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Three thousand dollars to be void upon the condition that the defendant S. P. Love makes his personal appearance in this court on the second day of its next term to answer the Indictment found against him herein for Manslaughter & not depart without leave of the Court first had & obtained.

Muhlenberg Circuit Court
May 14th May term 1861.
The Commonwealth of Kentucky Plff
against } Manslaughter
S. P. Love Deft

This day came the attorney for the commonwealth and the defendant appeared in discharge of his recognizance. And there not being time to make up the Jury, the defendant was placed in charge of the Jailer and the following Jurors received
< 13 >
the charge from the court, Thomas Pendleton, B. C. Davis, Jacob Johnston, W. D. Robertson, H. H. Johnston, and J. S. Lucas, The Court gave them their charge and was permitted to disperse until tomorrow morning 9 Oclock --

Muhlenberg Circuit Court
May term May 15th 1861,
The Commonwealth of Kentucky
against
S. P. Love

This day came the attorney for the Commonwealth and the defendant appeared in the custody of the Jailer and the following Jurors was elected and sworn, and took their seats towit, Thomas Pendleton, B. C. Davis, Jacob Johnston, W. D. Robertson, H H Johnston J. S. Lucas, John Shutt, E. L. Drake, Daniel Gates, F. M. Gates, Henry Greenwood, & J. B. M^cPherson and much evidence having been taken and not being able to complete the evidence, the Jury received the usual charge and was placed in the custody of the deputy sheriff John M Jones who was sworn & charged by the court, and was dismissed until tomorrow morning 9 Oclock --

Muhlenberg Circuit Court
May term May 16th 1861,
The Commonwealth of Kentucky
against
S. P. Love Deft

< 14 >
The Jury empannelled and sworn in this cause having on yesterday came in and took their seats towit, Thomas Pendleton, B. C. Davis, Jacob Johnston W. D. Robertson, H. H. Johnston J. S. Lucas John Shutt E. L. Drake, Daniel Gates, F. M. Gates, Henry Greenwood & J. B. M^cPherson, and the Jury herein having heard the testimony and the argument of counsel retired to their room to consider their verdict, and not being able to render a verdict was brought into court, received the charge and was put into the care and custody of the sheriff who had been sworn and retired to their lodgings --

Muhlenberg Circuit Court
May 17th, May term 1861,

The Commonwealth of Kentucky
against } Manslaughter,
S. P. Love Deft

The Jury impannelled herein in this cause came in and took their seats and again returned to their room to consider their verdict towit, Thomas Pendleton B. C. Davis, Jacob Johnston, W. D. Robertson, H. H. Johnston, J. S. Lucas, John Shutt, E. L. Drake, Daniel Gates, F. M. Gates, Henry Greenwood & J B M^cPherson, And not being able to agree upon a verdict were entirely discharged by the court from rendering any verdict herein, and on motion of the attorney for the Commonwealth this cause is continued until
< 15 >
the next term of this Court.

And on motion of defendant by his attorney the Court reduced the amount of bail to $1.200 --

<< Recognizance >

And thereupon the defendant S. P. Love together with Joseph Ricketts, Alney M^cLean, ^&^ Henry D. M^cHenry his sureties personally appeared in open court and acknowledged themselves jointly indebted to the Commonwealth of Kentucky in the sum of Twelve hundred dollars, to be void upon the condition that the defendant S. P. Love makes his personal appearance in this court on the second day of its next term to answer an Indictment found against him in said Court for Manslaughter and not depart without leave of the court first had and obtained-

Evidence
South Carrollton
Aug^st 11th 1857.
S. P. Love
<< Letter of W. M. Little To S. P Love >

The unsettled state of the personal difficulty between us keeps up an uneasy state of feelings and apprehensions in our friends and deeming it due to our own interests and to the public peace to bury all feelings of personal resentment or to gratify them in some speedy and honorable mode, I offer to you the following propositions 1^st I am willing to submit the whole matter between us to two or more gentlemen of our own choosing pledging ourselves to abide by such peaceful adjustment
< 16 >
as they shall Judge right, If this does not suit you, andifyou, and if you are resolved to refuse all peaceful adjustment I am willing to settle the matter at once in the next three days at such time and place as you may designate on terms of equality and honor, This proposal is not intended as a chalenge by me to meet you in mortal combat, but as an expression on my part of entire willingness to submit to any honorable mode of adjustment most agreeable to your own feelings and judgment, I feel I am actuated alone by a high sense of duty, and I submit the whole matter to yourself and ask of you an early answer.

Respectfully
W. M. Little

At Home Aug 12th 1857.
W. M. Little

<< Letter of S. P. Love To W M Little >

As you requested an early answer to your communication I hasten to reply, you submit to my consideration two propositions for a speedy settlement of the personal difficulty existing between us, 1^st you are willing to submit all differences to gentlemen chosen by ourselves. To this I only have to answer that in my estimation the time is past for such a course, if this had been your desire previous to your cowardly attact on me last Wednesday morning I may have entertained the proposition, but now I think it two
< 17 >
late, especially when I am informed of the sort of men you would in all probability select to be your friends. 2^nd you desire that if the 1^st proposition does not meet my approbation you propose that "our difficulty be settled within three days on terms of equality and honor" I think this is asking a great deal, you tried to shoot me in a clandestine manner and failed to accomplish your design and now you ask me as if you were not satisfied to place you upon an equality with me for another chance at my life and to elevate you to the scale of honor with gentlemen, This proposition although you do not desire it to be understood "as a chalenge to mortal combat" can be so construed and I have no doubt was so intended so that if I refused an adjustment it coud be blazed forth that I had backed out, If such was the intention I have two reasons for not accepting a challenge from you. 1^st I as a civil officer of this Commonwealth have sworn "not to challenge bear a challenge or accept one from any one during my continuance in office" this would preclude me from accepting a challenge from any one. 2^nd I would not accept a challenge from you, because I would be degrading myself to fight a duel with one below me in honor and character and such I consider you.
< 18 >

Then sir upon the whole I reject your propositions, believing I am capable and competent to settle my own affairs in that way and manner I may see proper. As it is left "entirely with myself" all the settlement I crave or desire is that you take no sneaking or cowardly advantage of me, this I pledge myself as a man of honor not to take of you but if you continue to fortify your house with "thugs" and lie in wait for me, self preservation will compel me to adopt some mode of protection.

I make no threats,

S. P. Love

<< G L Cabiness >
Coml^th vs S. P. Love } Evidence
George L. Cabiness-

was in S. Carrollton the day of W, M, Little's death, saw Love in my back shop that morning about day light- Love told witness that he had a gun, left Love at my back shop & went home about 150 yards, on reaching home heard a gun fire towards the shop. immediately returned found Little dead at his bar room door 7 or 8 steps from front door, about 60 yards from witness's back shop, As witness went up to where Little was, Love came up to witness & said he put himself under witness's protection, saying that he had shot Little,

cross examined-Heard Love say when he told witness he had a gun that he had been to Paradise & had
<< 19 >
come that morning from his Mother inlaw's. saw Little shoot at Love Wednesday week before Little was killed. The day before Little shot at Love they had a quarrel Love cursed Little saying; If I have stolen money I have never had my hand caught in a steel trap. Little run into his house saying damn you I will kill you, Love had a Pistol. The day Little shot at Love, he run as he was shot at into Ferguson's Store door & immediately turned & shot at Little, Little was killed on Sunday morning in South Carrollton in Muhlenberg County in the Month of August 1857. but cant remember the day of the month, Little had no armes about him when witness went up to him, In the same conversation in which Love told Witness he had the gun he told witness that he was reduced to an awful condition he had either to kill Little be killed by him or to leave the Country, witness replied that he could not blame him to kill Little before the time spoken of Little had threatened to kill Love. & witness had told Love of it.

<< Joseph Neal >

Joseph Neal had a conversation with Love on the day of the election after the difficulty & Love said he always thought Little was a coward and now he knew it, that George Gibson was the only person present & heard the conversation the election was in August 1857.

< 20. >
<< D^r A M Jackson >

D^r A. M. Jackson. saw Little about half hour after he was killed. examined the wound one shot entered back of skull and junction of spine and one shot in right kidney from behind these shots produced death.

<< Bryant Watkins >

Bryant Watkins- was in counting room of Reno & Sullivan's Store, a narrow alley between that store & Cabiness'^s shop. on the morning Little was killed. heard a noise toward Cabiness' shop like the cocking of a gun. Looked out of counting room door & saw Love standing, partly concealed under steps running out side of Cabiness'^s shop, witness started towards front door of store to warn Little of his danger, before witness got to front door heard gun fire toward where Love was standing. witness then went out door next Cabiness shop- saw Love going away behind the shop and witness then went round in front store. & saw Little lying in front of his bar room door. on his face dead. Love was concealed up to his hips behind his steps. Little was in his shirt sleeves and had no arms.

<< John Rothrock >

John Rothrock- states he was at the election in August 1857. in South Carrollton and there was a quarrel between Love & Little, & he also saw a gun up stairs at the store of Ferguson in front of Little's house, Little said he was going to shoot Love on the day before he did shoot at him, the gun up stairs was in a room from which Little's house could be
< 21. >
seen, the gun was a rifle, at the time Little told me he was going to shoot Love he asked me to go out to the woods and had a revolver & six shooter for the purpose of trying them, guns were frequently being shot off of mornings about Littles house after the first difficulty with Love & before he was killed

<< Bryant, C, Bennett >

Bryant C. Bennett- saw the quarrel between Love & Little at the election & on the day after the election Love on the street in front of the house of Little commenced the quarrel and told Little that he had been abusing him behind his back, & saying he was a coward and dam him he would now show him who was the coward, Little told him he was a thief, and he told Little that his hand had never been caught in a steel trap. Little said he would shoot the dam^d rascal & starting towards his house & Love drew his Pistol and told Little that all he wanted was a fair chance Little rushed into the house & Love told him not to shoot him from a window- saw Little the day after when he had shot at Love. witness told Little in a conversation on the day he shot at Love & before the shooting that he could settle the matter now as Love said that Little had abused him behind his back & he had abused Little before his face and he was now willing to drop it, Little said he had rather sink into Hell than to settle it, Heard guns
< 22 >
firing off about Littles House after he had shot at Love up to the time he was killed, In the conversation with Little he asked me if I had heard Love threaten to shoot him I told him I had not & he said he could prove by 20 witnesses that Love had threatened to shoot him- witness also says that he had no authority from Love to settle the difficulty.

<< Moses Wickliffe >

Moses Wickliffe being sworn states that he saw the defendant Love on Saturday evening before Little was killed at Paradise about one hour and a half by sun, he had a double barrel shot gun the same one I understood Little had shot at him with, I was trying to get him to settle the difficulty between him and Little, he said he had the advise of two lawyers and no body knew his intentions, but not to infer from that that he made any threats, Love was an Examiner & had been in Paradise two or three days taking depositions,

<< R H Young >

R. H. Young -- saw the difficulty between Love & Little a day or two after the election Love commenced talking to Little and used harsh language abusing & cursing him Little replied you are a thief Love told him that he never had his hand caught in a steel trap, Little said he would shoot him starting off Love then drew a Pistol- Little shot at Love on the next day and Love returned the fire, Little went up
< 23 >
to the bar room and brought a gun I think. I heard firing of guns about Littles house of a morning frequently until his death.

<< R S Russell >

R. S. Russell- was at South Carrollton on the day in the evening or day after Little shot at Love & He had a conversation with Little and Little agreed to settle the difficulty he communicated with Love and Love told him he need not come to him with any proposition that he would not settle that it had commenced in a guerrilla warefare and he would be damned if it should not end in that way- He told Love that Little had agreed to settle it peacably but prefered to fight it out- said he would see counsel about it -- & had sent to Hartford for him but he had not yet arrived.

<< R. W. Bodine >

R. W. Bodine- carried the letter shown from Little to Love. and letter from Love to Little, (letters read) He gave the letter to Love near Halls Tan yard. He said that he told Love that he would not be surprised at any time to hear that either of them was killed, and in a conversation with Little, Little said that he beleived that Love would kill him on sight / ~~but~~ & that he would kill Love which witness told Love, dont know whether it was before or after he carried the letters that this conversation occured, Love lived between 1/4 & 1/2 mile from Cabiness shop- Witness was in Littles house up stairs about the time Love come from Owensboro
< 24 >
on Monday before Little was killed & found Little up there with two guns lying on the bead,

<< Tho^s Bruce >

Thomas Bruce- saw the quarrel on the day of the election,Love had hold of Bales & a walking cane raised,Little was advancing and picked up something- Love had his stick raised in an attitude of striking. they were quarrelling- Little picked up something after Love drew the stick --

<< Charles Eaves >

Charles Eaves- states that on Wednesday & Thursday after the election in August 1857 he was at South Carrollton, he got Little to agree to a settlement of the difficulty between him & Love by leaving it to a committee to decide the matter of difference between them; I informed Love that I heard Little say if it could not be settled in that way he would go over the river & shoot it out with him. He then went to Love and made the proposition to him that Little had agreed to settle it, Love refused to settle it and said that Little had commenced a dam^d guerrilla warfare on him and it should end in that way. and upon being urged to settle it on account of the danger of shooting other persons Love said that if he shot Little he would not shoot any other person- thinks Maxwell & Bodine were present part of the time. & says that Maxwell was coming over the river when he & Love had the conversation & the proposition to settle was renewed when Maxwell
< 25 >
got there- He dont recollect that the coroner heard the conversation or was present at the time,

Bob Bodine was prisoners guard & present during a part of the conversation. He had been been employed by Little as his counsel prior to this conversation.

<< Tho^s Baxter >

Defendants Witnesses

Thomas Baxter- was present at the difficulty at the election in South Carrollton in Aug 1857. Love said that he was going to speak to the voter that Little had & took him by the arm when Little said he would not be treated in any such a way by any such a man Love said you know that I am not afraid of you, Little drew the large peice of timber & Love raised his stick --

<< E M Blacklock >

E, M, Blackock -- heard a conversation between Little & Love, they had a quarrel each abusing the other, this conversation was shortly after the election.

<< James Carbon >

James Carbon- says he heard Little abuse Love on the day after the election in Carrollton in August 1857. Love not being present- Little said that Love was a coward & abused him very much & said he did not care who told Love of it, he also said he had no more confidence in Love than he had in Nichols dam, he saw and heard the quarrel between Love & Little the same evening Love went to Littles house & commenced the quarrel Little said he would shoot the dam^d rascal, Love drew a Pistol.

< 26. >

<< Hugh Rothrock >

Hugh Rothrock- saw the quarrel on the day of the election in August 1857. between Love & Little, Little started with a man named Bales to the voting place Love took hold of Bales arm Little passed on a short distance, Little started on & Love & Bales stepped between the houses & Little starting back picking up a stick and him and Bales went on to the election Little come back excited and said he was going to prepare himself & not be run over in that way, he saw them together afterwards & Love said dont rush on me -- saw the shooting on the next day saw Little in his door with his gun and hallowed to Love- Love ran into Ferguson's ~~store~~ door, & Little Shot, Love came out and shot at Little, witness told Love that he ought not to stand out for he saw Little up stairs loading his gun- Little sent for witness and told him his object was to kill Love- He went afterwards to arrest Little found him on a bed next to the window with a shot gun & Rifle on the bed, He said he was watching for Love to come up and when he saw him come up he thought he saw a pistol in his sleeve He saw the curtains of Little were down except one little place, Little & Love both left town ^for a day or so^ after they had shot at each other, Little came back first & Love came on Sunday. witness went to Little to see if he would not settle it, on Monday Little said he would not settle it, unless he saw how it was to be settled
< 27. >
& that he would not settle until he saw Russell & Eaves that he had promised them not to do so, Love told witness to tell Little that that if he would not take any advantage of him that he would not take any advantage of Little, Little said he would not make any such a bargain as he had no confidence in Love. Little at the time that he shot at Love said that he was then on equal terms, Little was killed on Sunday week after the election on Monday before he was killed & after Eaves & Russell had been there witness tried to settle it. --

<< Ira C. Jarvis >

Ira C. Jarvis- Had a conversation with Little on Tuessday before he was shot & Little said he was going to have the difficulty settled that he was going to write a note to Love on that day witness went with Little to the swamp on Saturday before he was killed nothing was said about the matter, Little had a pistol with him secreted in his umbrella they walked to the swamp --

<< T. A. Pittman >

T. A. Pittman- On Friday before Little was killed, He heard Little say that he would not settle on any honorable terms with Love & that if he saw him he would play hell with him, he cant say whether he communicated this to Love before or after Little was killed-

< 28 >

<< Willis Fields >

Willis Fields- Little said Saturday before he was killed that he was prepared for the difficulty & it would be settled on first sight, He did not communicate this to Love.

<< T. P. Boggess >

T. P. Bogess- Little was in town to see Eaves said that on the day he shot at Love he was glad he had not acted. the coward & that he had got the gun from Miller's Shop and after he shot he went up stairs & let the curtain down- Little said he had got the keys out of Miller's pocket after Miller had gone to bed & unlocked Miller's shop & got the gun --

<< Ch^s M^cLean >

Charles M^cLean- Little was in town after Eaves & said that Love come up and commenced abusing him & drew a pistol on him, and at the time he shot at Love he advanced one third across the street and told Love that he was on equal footing with him --

<< Sam Drake >

Sam Drake- saw Little in Carrollton on Friday before he was killed, & he said he could not settle the difficulty & that Love was afraid to pass up the streets & that he was prepared and intended to kill Love on sight- & that Love had gone to Paradise & had slipped around under the hill & come up Lovelace's steps, I never communicated this to Love until after Little was killed.

< 29 >

<< B. Bennett recalled >

B Bennett recalled- says during the time Love was at Paradise, about 8 or 9 O'clock at night, Little was setting in front of his house & saw two men light at the Livery stable, He then went into his house & come out and went to the corner of the house fartherst from the Livery stable on Main street and stayed until the gentlemen passed on the opposite side of the street he then returned into the house and had a gun under his arm did not communicate the fact to Love --

<< Jno Cowan >

John Cowan -- was in Littles Bar room ~~until~~ during the time Love was at Paradise and Little said that the difficulty had not been settled and that he would be sunk in Hell before he would make any acknowledgment to such a man as Love, Little wanted caps, & had been hunting caps, Witness did not tell Love of this conversation --

<< Ch^s Robertson >

Ch^s Robertson- On Wednesday before Little was killed witness talked with him about difficulty with Love, Little said he was willing to drop the difficulty without making acknowledgments. He would not make acknowledgments to such a man as Love. If Love killed him he would have to haunt him Witness told this to Love on the same day -- told him Little said he was willing to drop the matter without acknowledgments --

< 30 >

<< R. W. Wallace >

R. W. Wallace- saw three men at tavern Pool, Miller & Little in Sacramento and said if that^s them or him shoot him, Little said nothing this was on Saturday night after Little had shot at Love & while Love was going to Owensboro

<< Jno P. Ellison >

John P. Ellison (except some one asked for the things and Alfred Miller said here they are. & started towards the fence & discovered who the men were & the conversation dropped they were speaking of the difficulty between Little & Love but Little said nothing --

<< Ch^s Wickliffe >

Charles Wickliffe- Little borrowed my horse to go out to shoot ducks at the swamp, dont know what day it was said he would be back by 2 Oclock did not come back until after night, this was after the trial- of Love & Little- his horse was a roan horse --

<< Jno Wright >

John Wright- saw Little out from Carrollton across the swamp on Saturday after he had shot at Love with a gun on a horse about one mile beyond the swamp on the road to Sacramento --

<< D^r C N Worthington >

Doctor C. N Worthington- saw Love cross Green River at Livermore from north to South side
< 31 >
& went out the road towards So Carrollton, between the time Little shot at Love & the death of Little. witness cant recollect the day of the week or month. The road from Livermore to S. Carrollton does not pass by Sacramento --

<< Jo^s Jones >

Joshua Jones- saw Love coming from direction of Livermore to Carrollton on Sunday after Little had shot at him was traveling a by way.

<< W. T. Brown >

W. T. Brown -- Heard [ ] Nofsinger ask Little what he & Love had done with their shooting scrape. Little said they had done nothing- He said the smartest man would get the most meat, this conversation was saturday evening before Little was killed.

<< Jo^s Nofsinger >

Jo^s Nofsinger- Testifies the same thing as W. T. Brown --

<< W^m Fuller >

William Fuller- Love left home Thursday evening after Little shot at him, came home Sunday evening from Owensboro, One of Littles windows were ^partially^ ~~partly~~ up, & curtains folded somewhat back- usual for windows to be up & curtains up in warm weather- heard guns fired at Littles of mornings during the difficulty & told Love of the condition of the windows & firing of the guns

< 32 >

<< A. G. Ferguson >

A. G. Ferguson- The evening before Little shot at Love he applied to witness for caps & powder, Little did not say what he wanted with them- Have since counted the holes in the door &c where Little shot at Love 17 in number- Bar room where Little was killed single stories building. have seen shoots in the door of bar room.

<< Ch^s Morehead >

Charles Morehead- was sitting in Ferguson's store door, when Little shot at Love on Wednesday, heard a loud voice on street look out he's got a gun. I looked out saw Little with a gun presented toward the door. witness sprang up Love jumped in at the door, just then heard the gun fire. shot struck the door shutter & show case on end of the counter. Love snapped & then fired a pistol at Little from the store door, taking a rest from the side of the door, pistol 8 or 10 inches long single barrel

<< James W. Sullivan >

James W. Sullivan states same as Bennett,

<< N Howard >

Nath^l Howard- had conversation with Little Thursday or Friday evening before he was killed. Little asked witness if his shop was open so that Love could get in there & shoot him. witness told him it was Locked- & Love could not get in the shop to shoot him- He said he would rather roast in Hell than make acknowledgments to such a man as Palace Love.

< 33. >

<< Kittinger >

Kittinger- says he & Bodine & Rothrock applied to Little on Monday before he was killed to try to settle the difficulty between him & Love, Little said he could not settle until he saw Eaves and that they then applied to Love and went back to Little he then said he had no apology to make & knew what to do,

<< George Gibson >

George Gipson- never heard the conversation spoken of by Neal.

<< E. B. Kirtley >

E. B. Kirtley- saw Love at Paradise on Friday & Saturday & he was there on Saturday evening & left on saturday evening. with a double barrell shot gun. He was taking depositions for me Friday & Saturday, he got there on Thursday evening & I sent him to his mother in laws on saturday evening,

<< Henry Eades >

Henry Eades- saw Little riding a roan horse between the swamp & Sacramento on saturday after the 1^st difficulty abt 10 Oclock,

<< Jno Nofsinger >

John Nofsinger -- same thing and at the time Little had a gun.

This was all the testimony in the cause.

Tho C Dabney
Judge.

< 34. >

Kentucky Muhlenberg Circuit Sct,

I J, H, Reno Clerk of the Muhlenberg Circuit Court do certify that the foregoing 33 pages contains a copy of the Indictment, orders of continuance, & Recognizances of deft, and the evidence on file also the orders incident to the two trials in the case of the Commonwealth of Kentucky against S. P. Love for manslaughter pending in the Muhlenberg Circuit Court. given under my hand as Clerk of said Court, this 29th day of May 1861.

J, H, Reno Clk m c c
for T. J. Jones D. C.

State of Ky. Muhlenberg Circuit Sct,

I T. J Jones DC for J. H Reno Clerk of the Muhlenberg Circuit Court do certify that the claims of the witnesses from the commencement of the foregoing prosecution to the present time is $537.23
Clerk & sheriffs fees sois so far as I can ascertain ~~[...]~~286.05
Making in the aggregate $82328

given under my hand as deputy for J H Reno Clerk as aforesaid, June 13, 1861,
T. J. Jones D, C,
for J. H. Reno clk

Muhlenberg Cir Ct
Comlth
vs } Copy of Record.
S. P. Love

Issue pardon
B. M.

Iss^dSept 13. 1861

fee $5. --

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