Commonwealth of Kentucky vs. A. C. Murrey et al., Transcript

Accession Number

KYR-0001-029-0306

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, James F. Robinson: Governor's Official Correspondence File, Petitions for Pardons, Remissions, and Respites, 1862-1863

Item Location

R3-453 to R3-460

Place of Creation

Hart County, Kentucky

Date of Creation

1 December 1862

Dates Mentioned

1860-10-13

1860-01-07

1860-01

1860-01-06

1859-01-06

--04

1860-04-09

1860-08-31

1860-09-08

1860-11-19

1861-01-07

1861-01-10

--03

1861-01-11

1861-03-02

1861-03-01

1861-01-17

1861-06-28

1861-07-12

1861-09-06

1861-10-07

1862-01-18

1861-02-15

1862-01-13

1862-12-01

1863-03-17

<< Preamble >
Please before Charles Green Judge of the Hart Equity & Criminal Court at the Court House in Munfordville on the 13^th day of October 1860

Commonwealth Plaintiff
against } Motion for Judgment on Forft^d Bail Bond of Rich^d Murray
Thomas Hodges A C Murray sn^r & A C Murray Jn^r } Defts

Be it remembered that heretofore to wit on the 7^th day of January 1860 came R A Dawson Esq a Justice of the Peace for Hart County into the office of the Clerk of the Hart Equity & Criminal Court and filed with the clerk thereof a certain Warrant and Bond upon which is the following indorsement, "Received by hands of R A Dawson Esq & filed Jany 60

Att Jas H Compton from D C,,
which bond & warrant reads as follows,

<< Warrant >
The Commonwealth of Kentucky to any Constable or Sheriff of Hart County Greeting, Information having been given me on oath by John T. Thornbury that Richard D
< 2 >
Murray has threatened his life & that he the said John T Thornsbury is affraid that said Richard D. Murray will him or do him some great bodily harm you are therefore Commanded to arrest said Richard D Murray & bring him before me or some other Justice of the Peace for Hart County to be dealt according to law. Given under my hand this 6^th of January 1860.

R. A. Dawson J P H C

Sums as witness for plaintiff John Buckner John Crouch & Elijha M^cCubins

R A Dawson J P H C

<< Petition >
Arrested R D Murray the 6 of Jany 1860 and Brought him before R A Dawson in Hammonville on the same day this 6 of Jany 1859

E Hawkins C H C

<< Bond >
Commonwealth of Ky
vs } Bond
Richard D Murray

Richard D Murray being in custody under a peace warrant sworn out by John T Thornbury and being admitted to bail in the sum of two hundred dollars
< 3 >
For his appearance in the Hart Circuit Court to answer the charge of John T Thornburry on said peace warrant, now we A C Murray Thomas Hodges & A C Jnr hereby undertake that the said Richard D Murray will appear before the Judge of the Hart Equity & Criminal Court on the first day of its next April Term to answer said charge & not depart hence without the leave of said court & will at all times hold himself amenable to the order of said court & in the meantime will keep the peace towards all good citizens of this Commonwealth especially John T Thornburry & if the said Richard D Murray shall fail to perform any of the conditions of this bond that we will pay to the Commonwealth said Two hundred Dollars

Witness our hands this 6^th of January 1860

A C Murray
Thos ^his X mark^ Hodges
A C Murray Jnr

Attest
James H. Shipp
R A Dawson J P H C

< 4 >
And Afterwards To wit at an Equity & Criminal Court Commenced and held for Hart County at the Court House in Munfordville on the 9^th day of April 1860

Commonwealth Plff
against } Recognizance to keep the peace
Rich^d D Murray Deft

This day came the atto for the Commonwealth & the Defendant Richd D Murray failing to appear in discharge of his recognizance, It is ordered that the same be & it is hereby forfeited & process is awarded as A C Murray, Thos Hodges & A C Murray Jr his returnable to the next Term of this Court to show cause if any they can why Judgment shall not be rendered against them on said Bond for the sum of Two Hundred dollars,

<< Sums >
The summons issued in persuance of the above order was returned by the Sheriff of Hart County Executed on Thomas Hodges Aug 31^st 1860 and upon A C Murray and A C Murray Jr, Sept 8^th 1860

Afterwards To wit at an Equity &
< 5 >
Criminal Court Continued and held for Hart County at the Court House aforesaid Oct 13" 1860

Commonwealth Plaintiff
Against } Motion for Judgment on Forft^d Bail Bond of Richard Murray
Thomas Hodges A C Murray sen^r & A C Murrey Jn^r } Defts

This day came the Atto for Commonwealth and the Defendants having been duly summoned & failing to attend and show cause to the contrary It is adjudged by the Court that the Plaintiff recover of the Defendants the sum of Two Hundred dollars (The amt of the Bail Bond forfeited) and also her costs herein expended and may have Execution &c,

Upon the foregoing Judgment the following Executions have been issued to wit

N^o 55 N^o 72, N^o 111. & No 165
No 55 R4eads to wit

<< Exon P N^o 1 >

The Commonwealth of Kentucky To the Sheriff of Hart County Greeting We Command you that of the Estate of A C Murrey Sen Thos Hodges & A C Murrey late
< 6 >
of your bailiwick, you cause to be made the sum of Two hundred Dollars with interest thereon at the rate of six per Cent per annum from the [ ] day of [ ]18[ ] until paid which The Commonwealth of Kentucky lately in our Hart Equity & Criminal Court recovered against them for Debt on forft^d Bail Bond of Richd Murrey also the sum of $4,65 which in the same Court was adjudged to the said Commonwealth for his costs on that behalf expended whereof they are convicted as appears to us of record: And that you have the said sums of money before the Judge of our said court at the Court House in Munfordville on Saturday after the first Monday of January next to render to the said Commonwealth of the Debt and Costs aforesaid; and have then there this writ Witness G T Wood clerk of our said Court at the Court House aforesaid the 19^th day of November 1860 and in the 69^th year of the Commonwealth

G T. Wood C H C C

< 7 >
Came to hand Novr 19^th 1860
John Rowe D S for
H S Shondy S H C

Nothing made on the within fild Jany 7^th1861,

John Rowe D S for H S Shondy SHC
Reld Jany 10^th 1861,
Att Jas H. Compton D C

<< Exon P N^o 2 >
Execution N^o 92, Reads as follows To wit The Commonwealth of Kentucky & The Sheriff of Hart County Greeting We Command you that of the Estate of A. C. Murrey S^r Tho^s Hodges & A C Murrey Jr late of your bailiwick you cause to be made the sum of Two Hundred Dollars with interest thereon at the rate of six per Cent per annum from the [ ] day of [ ] 18[ ] until paid which The Commonwealth of Kentucky lately in our Hart Equity & Criminal Court recovered against them for debt on forfeited Bail Bond of Richard Murrey Also the sum of $5.15 which in the same court was adjudged to the said Commonwealth for her costs on that behalf expended whereof
< 8 >
They are convicted as appears to us of record; and that you have the said sums of money before the Judge of our said Court at the Court House in Munfordville on the Saturday after the first Monday of March next to render to the said Commonwealth of the debt and costs aforesaid and have then there this writ

Witness G T Wood, Clerk of our said Court at the Court House aforesaid the 11^th day of Jany 1861 and in the 69^th year of the Commonwealth

G T Wood C H C C

Come to hand Jany 11^th 1861
John Rowe S H C

Replevied March 2^nd 1861
John Rowe S H C

Retd March 7^th 1861
Att Jas H Compton D C

<< Replevin Bond >
The Replevin Bond Returned with the foregoing Exen Reads as follows viz:

We A C Murrey S^r Thomas Hodges & A C Murrey Jr principal And J Chase security do bind ourselvs three months After date to pay The Commonwealth of Kentucky (The Plaintiff in Execution)
< 9 >
The sum of Two Hundred & Ten dollars and 67 cents, with interest thereon from this date being the amount of Principal interest and costs of an execution N^o 72, which issued from the Clerk's office of the Hart Equity & Criminal Court on the 17^th day of Jany 1861 in favor of the said Commonwealth of Kentucky for the sum of

principal	$200.00	Two Hundred dollars 00 cents
Interest	[ ]	[ ] dollars [ ] Cents Interest
Costs	5.15	Five dollars 15 cents of suit
Sheriff half [...]	5 12	Five dollars 12 cents Sheriff [...]
Writing Bond	40	Commission and forty cents for writing this bond 40

Amount 21067 amounting in the whole to the sum of Two hundred & Ten dollars 67 Cents against the said A. C. Murrey Sr Thomas Hodges & A C Murrey Jr and we the said A C Murrey S^r Tho^s Hodges & A C Murrey J^r principal and J Chase security have replevied the same.

Witness our hands and seals this 2^nd day of March 1861

A C Murrey sr{Seal}
Thomas ^his X mark^ Hodges{Seal}
A C Murrey Jr{Seal}
J Chase{Seal}

Attest as to A C Murrey sr Tho^s Hodges & J Chase John Rowe S H C

< 10 >
Upon the foregoing Bond is the following indorsement to wit "Exon issued June 28^th 1861

Att J H Compton D C,

<< Exon 6 No 3 >
Exon No 111 Reads as follows viz

The Commonwealth of Kentucky To the sheriff of Hart County Greeting: You are hereby Commanded that of the estate of A C Murrey s^r Thomas Hodges A C Murrey Jun^r and J Chase late of your bailiwick you cause to be made the sum of Two Hundred and Ten dollars and sixty seven cents ($210.67) with interest thereon at the rate of six per centum per annum from the 2^nd day of March 1861 until paid which the commonwealth of Kentucky lately in our Hart Circuit Court recovered against them for debt due on Replevin Bond Also the sum of 50 which in the said Court was adjudged to the said Commonwealth for her Costs on that behalf expended whereof they are convicted as appears to us of record, and that you have the said sums of money before the Judge of our said Court at the
< 11 >
Court House in Munfordville on the Saturday after the first Mondy of September next to render to the said Commonwealth of the debt interest and costs aforesaid, and have them there this writ. Witness Geo B. Wood clerk of our said Court at the Court House aforesaid the 28^th day of June 1861 and in the 69^th year of the Commonwealth.

Geo T Wood, C H C C

No Security of any kind to be taken
Att Jas H Compton D C

Came to hand 12^th of July 1861 10 A M>
F. A. Smith S H C.

Served this fifa Sept 6^th 1861 on 75 acres of land as the property of Thomas Hodges, R W Compton D S
For F A Smith S H C

N^o sale fine respited for 12 months see Respite filed herewith Oct 7 1861
R W Compton D S
For F A. Smith S H C.

Returned Jany 18^th 1862
Att Ja^s H Compton D C

The Respite filed in the foregoing Exon Reads as follows To wit
< 12 >
<< Respite >
Duplicate

Beriah Magoffin, Governor of the Commonwealth of Kentucky To all who shall see these presents Greeting Whereas A Judgment has been rendered by the Hart Equity court for $200, against Tho Hodges & others and whereas it appears from satisfactory evidence that the case of the said Hodge & others presents strong considerations for the interposition and indulgence of the executive, Now know Ye that in consideration of the premises and by virtue of the power vested in me by the Constitution, I have thought proper to Respite, and do, by these presents, stay And respite the collection of said judgment save fees & costs for the term of Twelve months from the date hereof and do hereby enjoin All officers to respect this Respite and govern themselves accordingly,

In Testimony whereof I have here unto set my hand, and caused the seal of the Commonwealth to be Affixed at Frankfort on the 15 day of Febry
< 13 >
In the year of our Lord one thousand eight hundred and 61 and in the 69^th year of the Commonwealth

B Magoffin

By the Governor
Tho B Monroe Jr
Secretary of State
By Jas W Tate Asst secy

on the foregoing Respite is endorsed the following viz: Filed in the office clk Hart Circuit Court Jany 13 1862,

Att Ja^s H Compton D C.

Exon N^o 165 is now in the hands of the sheriff of Hart County

State of Kentucky
Hart Equity & Crimiinal Court Sct

I James H. Compton clerk of said Court do Certify that the foregoing 13 pages contain a full and complete Transcript in the case of the Commonwealth of Kentucky against A C Murrey &c in as full a manner as the same remains on record in my offices

Given under my hand this 1^st day of December 1862

Jas H Compton Clk

Hart Eq & Crim Ct
Commonwealth of Ky
vs } Transcript
A. C. Murrey &c

$200 } Recognizance
For J Chase Esq
Remission
Iss Mar 17. 1863

Fee $2,60

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