Commonwealth of Kentucky v. William Foster, Transcript

Accession Number

KYR-0001-021-0012

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Apprehension of Fugitives from Justice Papers, 1859-1862

Item Location

MG8-84 to MG8-85

Place of Creation

Knox County, Kentucky

Date of Creation

18 December 1860

Dates Mentioned

1860-09-19

1860-09-13

1860-09-26

1860-12-18

1860-11-01

1860-12-24

Knox Circuit Court
Commonwealth Plaintiff
Against } Copy Record
William Foster Defendant

Be it remembered that heretofore towit on the 19^th day of September 1860 being the 9^th day of the Term the following Indictment was returned into court by the Grand Jury of Knox County~~upon~~ which was ordered to be filed and a Bench Warrant ordered to issue against the defendant therein named admitting him to bail in the sum of five hundred dollars (viz)

The Commonwealth of Kentucky
agt } Indictment
William Foster

The Grand Jury of Knox County in the name and by the authority of the Commonwealth of Kentucky accuse William Foster of the crime of Grand Larceny committed as follows towit. The said William Foster on the 13^th of Sept. 1860 in the county aforesaid unlawfully and feloniously stole, took and carried away one hundred dollars in Kentucky Bank notes and twenty dollars in silver money the property of Alex Black & Saml Black, and of the value of more than four dollars against the peace and dignity of the Commonwealth of Kentucky

Dishman
Comlth atty.

Endorsed A True Bill
A. Reeder foreman

And on the 26^th day of September 1860 a
Bench Warrant issued against the defendant William Foster admitting him to bail in the sum of five hundred dollars which was delivered to the Jailer of Knox County and by him returned with the following endorsement thereon (viz)

Executed on the within named William Foster Sept. 26^th 1860 by arresting him and committing him to Jail in the Jail of Knox County the said Foster failing to give the Bail required in the within Bench Warrant.

Calvin Brogan, Jailer of Knox County.

State of Kentucky Knox County & Circuit Sct.

I, George M. Adams Jr. Clerk of the Knox Circuit Court do certify that the foregoing is a true and complete transcript of the Record and proceedings in case therein named of the Commonwealth of Kentucky Plaintiff against William Foster Defendant, now pending in the Knox Circuit Court.

Given under my hand this 18^th day of December 1860

George M. Adams Jr.
clk Knox Circuit Court.

To his Excellency, Beriah Magoffin
Governor of the State of Kentucky

Your Petitioner Calvin Brogan would respectfully state to your Excellency, that on the 26^th day of Sept 1860, a Bench warrant in the above case of the Commonwealth of Kentucky was placed in his hands as Jailer of Knox County against the Deft W^m Foster ~~and that~~ upon a charge of Grand Larceny, and on said day he arrested the said Deft Foster and
in default of Bail he was committed to the Jail of Knox County Ky, upon said charge after the above indictment had been found against said W^m Foster — He says that said Foster remained in Jail for some time and on the 1^st day of November 1860, the said W^m Foster broke Jail and made his escape — He says that the Deft Foster has never been tried of on the above indictment, and that he is informed and he verily believes it true that the said W^m Foster is now incarcerated in the Jail of Greenville Tennissee upon said charge as he offered a reward of twenty five dollars for the apprehension of said Foster, and he has received reliable information that said Foster has been apprehended and is now in Jail awaiting the requisition of the Governor of Kentucky, — He therefore asks your Excellency ^to^ issue your requisition ~~[...]~~ for the said Foster, and authorize Hyour Petitioner to bring him to this state — and to the County of Knox so that he may be tried upon said charge — He asks your Excellency to ^do^ whatever is necessary in the premises to bring back the said Foster in order that he may tbe tried — He says ~~[...]~~ that ~~[...]~~ he was Jailer of Knox County at the time the said Foster was imprisoned & is still Jailer of said County of Knox —

Calvin Brogan

Sworn to before me by
Calvin Brogan this 178^th day of Decr 1860
J, W, Ridgell J K C C

Knox Co

Issue requisition & appoint applicant agent — B.M.

Tennessee
Requisition for W^m Foster
Iss^dDec 24 1860

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