State of Kentucky

Pleas before the Honorable P B Muir Sole Judge of the Jefferson Circuit Court held at the Court House in the City of Louisville on the 16 May 1864

Commonwealth Plff
versus Indict for felony
David Shroeder & John Shroeder Defts

Be it remembered that heretofore To wit; on the 20 Oct 1863 the Grand Jury returned an indict a true bill

Indictment

The Commonwealth of Kentucky
Versus
David Shroeder & John Shroeder
Jefferson Circuit Court
October Term AD 1863

The Grand Jurors of the County of Jefferson in the name and by the authority of the Commonwealth of Kentucky accuse David Shroeder and John Shroeder of the crime of malicious stabbing with the intent to kill committed in manner and form as follows To wit

The said David Shroeder and John Shroeder in the said County of Jefferson on the 7" day of September A D 1863 did wickedly wilfully, wickedly, feloniously and of their malice aforethought cut and stab Andrew Dora with a

knife and other sharp instrument and weapon in and upon the body of the said Dora, wounding and not killing the said Dora, but with the intent to kill him, contrary to the form of the Statute in such cases made and provided and against the peace and dignity of the Commonwealth of Kentucky

J R Dupuy Comwlths Atty

And at Courts continued and held as aforesaid on the 30 Oct 18643Jany 13 1864 this case was continued and defts recognized

And at a Court continued and held as aforesaid on the 14 May 1864

David Shroeder and John Shroeder who have been jointly indicted by the Grand Jury of this Circuit for felony and who are now bound by recognizance to appear here, this day appeared in discharge of said recognizance and being arraigned upon said indictment plead not guilty thereto and for their trial put themselves upon the country and the Attorney for the Commonwealth likewise and then came defts and asked and moved the Court to grant them a severance herein and said motion being heard and the Court being advised It is ordered said motion be overruled (the rule of.

Court often publicly announced, being that when a party desires a severance said motion must be made at the first calling of the cause when a day is fixed for trial) to which ruling of the Court the defts except; Wherefore to try the issue joined let a jury come and thereupon came a jury To wit: John Price, J A Quarrier, W^m Hardin, J H Myers, W^m Hurst, H A Gardner, W D Smith, J M Groves, James Douglass W F Lane, J S Augustus and L Richardson who being duly elected, tried and sworn well and truly to try and true deliverance make between the Commonwealth and the accused upon oath returned into Court the following verdict We the jury find the accused David Shroeder and John Shroeder guilty as charged in the within indictment and say that David Shoroeder shall be confined in the jail and penetentiary house of this Commonwealth for the term of two years — and further say that John Shroeder shall be confined in the jail and penetentiary house of this Commonwealth for the term of one year and we recommend John Shroeder especially to the clemency of his Honor the Governor

John Price foreman

And thereupon the prisoners were remanded and taken to jail and then came counsel

for prisoners and moved the Court for a new trial upon seperate grounds in writing filed

And at a Court continued and held as afsd on the 16 May 1864

Came the parties by Attorneys and defts filed an affidavit upon their motions for a new trial and said motions being heard were submitted and the Court being advised It is ordered said motions be overruled to which ruling of the Court the defts except and then came defts and moved the Court in arrest of judgment and said motion being heard was submitted and the Court being advised It is ordered said motion be overruled, to which ruling of the Court the defts except

And at a Court continued and held as aforesaid on May 17 1864

David Shroeder who has been indicted jointly with John Shroeder by the Grand Jury of this Circuit for felony and found guilty thereof by a jury of the country was this day again led to the bar of this Court by and in the custody of the jailor attending the same and it being demanded of him whether he had any thing further to say why the sentence of the Court should not

now be pronounced upon him according to law said nothing more It is therefore considered by the Court that the said David Shroeder be taken back to the jail whence he came and be thence removed with all convenient dispatch by the Sheriff or his deputies attending this Court to the jail and penetentiary house of this Commonwealth there to be confined at hard labor for the period and term of two years

A copy Attest
James P Chambers
clk

Commonwealth
vs } Copy indict of
David Shroeder
for Mrs Shroeder
copy fee 75^c paid