Commonwealth of Kentucky v. John W. Morgan, Transcript

KYR-0001-020-1347.xml

Metadata
Citation
Download

Accession Number

KYR-0001-020-1347

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

MG21-266 to 273

Place of Creation

Marion County, Kentucky

Date of Creation

7 February 1862

Dates Mentioned

1861-11-29

1859-05-26

1859-04-18

1859-09-20

1860-03-22

1860-05

1860-05-29

1860-06-28

181860-08

1860-08-13

1861-06-05

1861-07-22

1861-08

1861-07-25

1861-08-21

1861-08-19

1861-08-23

1862-02-07

Commonwealth of Kentucky v. John W. Morgan, Transcript, 7 February 1862, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG21-266 to 273, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-1347, (accessed April 23, 2024).

Download XML

< Page 1 >
State of Kentucky
Marion Circuit Court } Sct

<< Caption >

Pleas before Hon George W Kavanaugh Judge of the Marion Circuit Court at the courthouse in Lebanon on the 29^th Day of November 1861.

<< Style of action >
Commonwealth Plff
vs
John W Morgan Deft }
On forfeited bail bond. N^o 2.

Be it remembered that at a regular term of the Marion Circuit court towit May the 26^th 1859. The Grand Jury empannelled and Sworn in and for Marion County at Said term Among other Indictments returned into court One against J Smith alias J Brower and W^m Daniel for Setting up and exhibiting and keeping a Faro bank (N^o 2.) endorsed by M J Cecil the foreman thereof a true Bill, And is as follows towit:

Marion Circuit Court
<< Indictment >
The Commonwealth of Kentucky
against
J Smith alias J Brower. & W^m Daniel

The Grand Jury of Marion County in the name and by the Authority of the Commonwealth of Kentucky accuse J Smith (alias J Brower) & W^m Daniel of the offence of Setting up exhibiting & Keeping a Faro bank committted as follows. The Said J Smith alias J Brower On the 18^th Day of April 1859. in the county aforesaid did unlawfully Set up exhibit & Keep a Faro bank a contrivance whereby money or other thing was & might have been bet lost or won against the peace and dignity of the Commonwealth of Kentucky

Andy Barnett
attorney for Commonwealth

witness before jury
Tho^s Chandler
W^m S Robinson
Benj Simms

<< Endorsement of foreman on Indictment >
And upon the back of the above indictment is the following endorsement of the foreman

True Bill
M J Cecil foreman of Grand Jury

<< clerks endorsement filing indict >
And upon the back of the above indictment is the following clerks endorsement of filing the Same

< 3 >
Filed May 26/59
N T Berry ck

<< Order for bench not to issue >
And on the Same day of Said Term on motion of the attorney for the commonwealth there was an order made awarding a bench warrant on the above and other Indictments admitting the defendants to bail in the Sum of Six hundred dollars each

And on the 20^th Day of Sept 1859 there was issued by the clerk of Said court the following Bench warrant towit:

Marion Circuit Court

<< Bench warrant >
The Commonwealth of Kentucky

To any Sheriff Constable Coroner Marsahl or Policeman in this State You are hereby commanded forthwith to arrest J Smith alias J Brower & William Daniels and bring them before the Marion Circuit court to answer an indictment in that court against them for misdemeanor; or if the court be adjourned for the term, that you deliver them to the Jailer of Marion County Given under my hand as clerk of Said Sourt this 20^th Day of Sept 1859.

N T Berry C M c c

< 4 >
Upon the back of the above bench warrant is the following endorsement. towit:

<< Endorsement of bail on bench wt. >
The defendants may give bail in the Sum of Six hundred dollars each and if they desire to give Such bail it may be taken by the Sheriff of the county in which they are arrested or by the Sheriff of Marion County

N T Berry C M C C

And upon Said bench warrant is the following Sheriffs return towit:

<< Sheriffs endorsement & return on bench wt >
Executed on W^m H Daniel 22^nd March 1860. See bond returned herewith the other defendant not found.

J C Vanansdall D. S.
For G W Tompkins S M c

The bond refered to in the above return is a follows towit:

<< bond of J W Morgan >

Wiliam H Daniel being in custody charged with the offence of dealing Faro. and being admitted to bail in the Sum of Six hundred dollars now I John W Morgan of the county of Mercer and State of Kentucky hereby undertake that the above bound W^m H.
< 5 >
hereby undertake that the above bound W^m H Daniel will appear in the Marion circuit court on the first day of its next May Term to answer Said charge and will at all times render himself amenable to the order & process of Said Court. in the prossecution of Said charge and if convicted will render himself in execution thereof or if he Shall fail to perform either of these conditions that I will pay to the commonwealth of Ky the Sum of Six Hundred dollars witness our hands this 22^nd Day of March 1860.

J. W. Morgan

Taken and Subscribed to before me as Deputy for Geo W Tompkins Sheriff of Mercer county this 22^nd Day of March 1860.

J C Vanansdall D S
For Geo W Tompkins S m c

And at a regular term of the Marion Circuit Court towit: May 29^th 1860 there was made the following order.

<< Judgment confessed by W^m Daniels >
Commonwealth Plff
vs } Faro Bank [...]
J Smith alias J Brower and William Daniel } Defts
< 6 >

This day the defendant William Daniel came in upon Court and by consent of the attorney for the Commonwealth confessed judgment in the Sum of five hundred dollars it is therefore adjudged that Said defendant make his fine to the commonwealth of Ky by the payment of five hundred dollars the amount confessed as aforesaid and also the costs herein expended. and this cause is continued as to defendant Brower and an alias is awarded against him.

And on the 28^th day of June 1860 there was issued upon the above judgment the following capias towit:

<< Capias upon the Judgment >
The Commonwealth of Kentucky

To the Sheriff of Marion County Greeting. we command you to take the body of William Daniels late of Said county if he be found within the Same and him safely keep until he Shall Satisfy us $500. dollars which we late in our circuit court recovered against him for keeping a faro bank against our peace and dignity also the Sum of Seven dollars and 20 cents which to us in the Same court was
< 7 >
adjudged for our costs in that behalf whereof the Said Deft is convicted as appears to us of record: And how you Shall have executed this writ make known to our judge of our Said Court at the courthouse thereof in the Town of Lebanon On the 2^nd Monday in August next. And have then there this writ. witness N T Berry clerk of our Said court at the courthouse aforesaid the 28^th Day of June 1860.

N T Berry C. M. C. C.

And upon Said Capias is the following Sheriffs return towit:

<< Shffs return on capias >
W^m Daniels not found this the 13^th day of August 1860.

E. Kimberlin D S for G W Goodman S M C

And at a further term of Said Court towit: June the 5^th 1861. There was make the following order:

<< Order forfeiting bond >
Commonwealth Plff
vs } Indict for Faro bank No 1
J Smith alias J Brower. and William Daniel } Defts

It appearing to the Satisfaction
<< 8 >
of the Court. that at the May term 1860 Judgment was rendered herein against defendant William Daniels for the Sum of five hundred dollars upon which judgment. there was an Execution issued against Said Daniels which was duly returned by E Kimberlin Deputy Shff of Marion County (William Daniels not found.) and it further appearing that John W Morgan executed a bond to the Commonwealth of Kentucky in the Sum of Six hundred dollars conditioned among other things that the Said Morgan would at all times render himself amenable to the orders and process of this court and the Said Morgan failing to render himself amenable to the orders and process of Said Court Said bond is declared forfeited. It is therefore ordered that a Summons issue on Said forfeiture against Said John W Morgan returnable to the next term of this court.

And on the 22^nd Day of July 1861. There was issued the following Summons towit:

<< Summons on forfeiture >
The Commonwealth of Kentucky
To the Sheriff of Mercer County
< 9 >
Greeting. You are commanded to summon John W Morgan to appear in the Marion Circuit Court on the first day of its next August term to Show cause why Judgment Should not be rendered against him for Six hundred dollars on account of the forfeiture of the bail bond executed by him for the appearance &c of William Daniels in said Court at its May term 1860 and have then and there this writ with due return how you have executed it Given under my hand as clerk of Said court this 22^nd day of Juy 1861.

N T Berry ck M C C

And upon Said Summons is the following Sheriff return towit:

<< Shffs return on Sums >
Executed July 25^th 1861. On John W Morgan by delivering him a true copy of the within Summons

S S M^cFatrige S M C

And at a further term of Said court towit August 21^st 1861. there was made the following order.

< 10 >
<< Order filing ans & demr of Deft >

The Commonwealth Plff
vs } On foreiture
John W Morgan Deft N^o 1.

This day came the defendant by his attorney and filed his answer and demurer. herein and the court not being advised take time &c

The answer filed as above is as follws towit:

Marion Circuit Court
<< Answer of Deft >
Commonwealth of Kentucky Plff
against } On Recognizance No 1
John W Morgan Deft

The defendant John W Morgan for answer to the Plffs Summons herein says that the Said William H Daniels did appear in the Marion circuit court on the first day of its May term 1860. and continued in Said Court till the 29^th day of May 1860. On which Said last named day he confessed Judgment in open court for $500. & costs which Judgment was accepted by the Commonwealth by her attorney in open court and the Said William H Daniels was then and there ready to Surrender himself in execution of Said Judgment
<< 11 >
And the Commonwealth failed and neglected to ask the court to commit him to Jail or to ask or receive his commitment. whereupon the Said Daniel returned to the county of Mercer his place of residence where he has continued to be & reside ever Since & his place of residence has been all that time well known to A Barnett Esqr attorney for the Commonwealth and no Capias or Execution has been issued or Sent to that county to arrest Said Daniel nor has his body been at any time demanded in execution of Said Judgment whereupon he prays that Said Summons be dismissed

J W Morgan

J W Morgan Says he believes the Statements made in the foregoing answer are true

Jno W Morgan

Sworn to by J W Morgan before me this 19^th day of Aug 1861.

Tho^s C Woods
Chm of Leb.

The Demurer filed by Defendant is as follows towit:
< 12 >
Marion Circuit Court
<< Demurer of Deft >
Commonwealth Plff
vs } On Recognizance N^o 1. Demurer.
John W Morgan Deft

The Defendant John W Morgan demurs to the Summons and proceedings herein. because the Court has no jurisdiction of the Subject of the action -- Wherefore he prays the Same be dismissed &c

Shuch & Woods
attys for Deft

and at a further day of Said term towit: August 23^rd 1861. there was made the following order.

<< Order overruling demr of deft & Plff filed demur to Defts ans & demr Sust. [...] & time given deft to ans anew >
Commonwealth Plff
vs } On forfeiture No 1
John W Morgan Deft

The court being advised as to the demurer. filed by the defendant overrules Said demurer. to which defendant excepts and Plff filed demurer to the answer of defendant and the Court being advised sustains Said dermurer to which defendant excepts and time until the next term of this court is given defendant to answer further.

< 13 >
The demurer filed by Plaintiff is as follows towit:
<< Demurer filed by Plff >
Marion Circuit Court
Comth Plff
vs } On forf Recognizance Demurer to Defts ansr
John Morgan Deft

The Plff demurers to defts answer because he Says it Sets up no valid defence to this action & is otherwise informal & defective.

Andy Barnett atty for Comth

And at a further term of Said Court towit: November 29^th 1861. there was made the following order towit:

<< Judgment >
Commonwealth Plff
vs } On forfeited Recognzance N^o 1
John W Morgan Deft

This day came the attorney for the commonwealth and the defendant failing further to plead herein It is adjudged that he pay to the Commonwealth the Sum of five hundred dollars the amt of the forfeiture herein and also the costs herein
< 14 >
State of Kentucky
Marion Circuit Court } Sct

I N T Berry clerk of the Marion Circuit Court certify that the thirteen foregoing pages contain a full true and complete transcript of the record and proceedings had therein in said court in the case of the Commonwealth against J Smith alias J Brower & W^m Daniels for Faro bank No 1. Als a true copy of the record and proceedings had on the bond of John W Morgan executed in Said case Given under my hand as clerk aforesaid this 7^th Day of February 1862.

N T Berry ck

Index

Caption	1
Style of Action	1
Indictment	1
Endorsement of foreman on Indictment	2
Endorsement of clerk filing indictment	2
Order for bench warrant to issue	3
Bench warrant	3
Endorsement for bail On bench warrant	4
Sheriffs return On bench warrant	4
Bond of John W Morgan taken by Shff	4
Judgment confessed by W^m Daniels	5

< 15 >

Capias On Judgment	6
Sheriffs return On Capias	67
Order of Court forfeiting bond of Morgan and directing a Summons to issue	7
Summons On forfeiture	8
Sheriffs return On Summons	9
Order filing answer & demurer of Defendant J W Morgan	10
Answer of Defendant Morgan	10
Demurer of Defendant Morgan	12
Order Overruling defts demurer and Plff filed demurer to defts ansr. & demurer Sustained & time given deft to answer anew.	12
Plaintiffs Demurer	13
Judgment on forfeiture	13
cks certificate to record.	14

Commonwealth Plff
vs } On forfeited Bail Bond } N^o 1
John W Morgan Deft

Defendant John W Morgan lives in Mercer county Ky

Fee for this Transcript $3.00

Civil War Governors of Kentucky is always evolving. Help us improve the edition by suggesting a correction or addition to this record.

Suggest a correction