Commonwealth of Kentucky v. Henry Lyne, Transcript

KYR-0001-020-1155.xml

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Citation
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Accession Number

KYR-0001-020-1155

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

MG20-307 to MG20-309

Place of Creation

Henderson County, Kentucky

Date of Creation

12 June 1861

Dates Mentioned

1861-06-12

1860-12-13

1860-12-01

1861-06-14

1860

1861-06-18

1861-07-02

Commonwealth of Kentucky v. Henry Lyne, Transcript, 12 June 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG20-307 to MG20-309, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1155, (accessed April 19, 2024).

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State of Kentucky
HendersonCircuitCourt } Sct

Pleas before the Hon W. P. Fowler. Judge of the Fourteenth Judicial District of the State of Kentucky

June 12^th 1861

The Commonwealth of Ky Plaintiff
against } Indictment
Henry Lyne Defendant

Be it remembered that at a Circuit Continued and holden in and for the County of Henderson and State of Kentucky, at its ~~June~~Decr Term 1860, on the 13^th day of ~~June~~ Dec and among others the following order was made to wit

"The Grand Jury returned into Court the following Indictments viz: x x x x x An Indictment against R. G. Beverly for selling liquor to a slave" x x x x x x Which were severally endorsed "a true bill" and upon which process and B W^sr are awarded, to be endorsed that the Defendants may severally give bail for their appearance at the next term of this court, in the sum fixed by the Court in the endorsement made on each indictment and the Grand Jury not having concluded their findings returned to their room to consider of their Indictment."

The Grand Jury of Henderson county in the name and by the authority of the Commonwealth of Kentucky, accuse R G Beverly of the offence of selling Whisky to a slave named Tom, the property of Mrs Amelia Clay, without the written order of the owner of said slave, or the person having the legal control of the services of said slave; committed as follows to wit: The said R. G. Beverly on the 1^st day of December 1860 to the county aforesaid did sell whisky to a slave named Tom, the property of Mrs amelia Clay without the written order of the owner of said slave or the person entitled to the legal control of the service of said slave, he the said Beverly not being the owner of said slave nor did he have the legal care control ~~and~~ or custody of said slave Tom for the time being, against the peace and dignity of the Commonwealth of Kentucky

L. M. Lowe
Comth Atty

Information by Henry Gobang

Bail is fixed on the Indictment at Sixty Dollars.

W. P. Fowler. Judge

Upon which bench warrant issued returned Executed with bond given with J. T. Bunch security

And afterward at the June Term 1861 on the 12^th June the following order was made.

This day came the attorny for the Commonwealth and also came the Defendnat who for plea says he is not guilty and thereupon the following Jurors to wit: John J Towles, Thos W. Powell, J H Farly
T J. Hicks. J W Chetham, G W Hunter Radford A W Agnew. Alfred Oliver J E Fagan Thos Eblin J H Priest were sworn to try the issue, the evidence having been closed, the counsel for the Defence commenced his argument, the Commonwealth Attorney moved the Court to allow him to reintroduce the witness for the Commonwealth, and the motion having been heard is sustained, and the witness reintroduced, to which ruling of the Court the Defendant excepts. and now the Jury having heard all the evidence and argument of Counsel retired to consider of their verdict, and after a brief absence since returned the following verdict to wit: "We of the Jury find the Defendant guilty as charged in the within indictment John J Towles Foreman" It is therefore considered by the Court that the Defendant R G Beverly is guilty and that he make his fine to the commonwealth in the sum of Fifty Dollars the fine imposed by law and the costs of this prosecution and may be taken &C

and afterwards to wit on the 14^th June the following order was made

The Defendant appeared by his counsel and pled his reasons and received the court for a new trial which motion is continued until tomorrow morning. The Defendant also filed his bill of exceptions hereon --

The Reasons for a new trial are as follows to wit.

The Defendant moves the Court to set aside the verdict in this case and arrest the Judgment for
the following reasons viz:

1^st The Court erred in rejecting evidence offered by Defendant

2^d The Court erred in suffering proof to be introduced by the Comth, after the argument of the case had commenced (see bill of Exception)

3^d The Judgment is against the law and evidence of the case

4^th The law of the facts do not sustain the verdict and judgment.

The bill of exceptions reads as follows towit.

Be it remembered that on the ~~third~~ trial of this case after the evidence had closed and the argument of the case ~~sel~~ commenced by the defending Counsel, and he was commenting on the defects in the evidence in failing to show the witness Gobin was in the employment of the Defendant. The Comth Atty asked leave of the Court to introduce the witness Gobin again, stating simply that he had overlooked in the proof the point suggested by the Defending counsel, and could as he believed supply the defect by recalling the witness, whereupon the Court suffered the witness to be recalled and reexamined, to which ruling of the Court the Defendant by his counsel excepted &c

W P. Fowler

Be it further remembered that on the trial of this case the Defendant introduced as a witness Wm A. Posey who swore that the order (here insert it) was written by him, that the iniyials are those of his name and written by him as well as he rembers in the fall of 1860. upon this proof the Court refused to suffer the order to be read to the Jury when offered as evidence by defendant to which ruling of the Court the
Defendant excepts &c

W P. Fowler

and afterward to wit on the 18^th June the following order was made.

The parties appeared and the motion entered herein at a former day of this term being heard by the Court & overruled. To which ruling of the Court the Defendant excepts and thereupon rendered his bill of exceptions (see them above) and prayed an appeal to the court of appeals, which is granted

A true copy of the Record
Attest
T. J. Hopkins C. H. C. C.
By Fred Pentecost D C

Henderson Cir Ct
Comm^th of Ky
vs
R G Beverly

Transcript of Record

Remitted
B. M_--

$50. } liquor to a slave

Iss July 2 1861

Fee $1.25

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