Page 1
State of Kentucky
Marion Circuit Court

Caption

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

Style of Action

Commonwealth Plff
vs
John W Morgan Deft }
On forfeited Bail bond. No 2.

Be it remembered that heretofore towit: On Tuesday the 26^th Day of May 1859. the Grand Jury empannelled and sworn in and for Marion County at the May term 1859 of the Marion Circuit returned into court among other Indictments one against W^m Daniels & J Smith alias J Bower. for setting up and exhibiting and keeping a faro bank Endorsed by the foreman M. J Cecil. AtrueBill which is as follows towit:

Indictment
The Commonwealth of Kentucky
against } Marion Circuit Court.
William Daniels & J Smith alias J Brower

2
The Grand Jury of Marion County in the name and by the authority of the Commonwealth of Kentucky. accuse W^m Daniel & J Smith Alias J Brower of the offence of Setting up exhibiting & Keeping a Faro bank committted as follows: The Said W^m Daniels & J Smith alias J Brower on the 19^th Day of April 1859. in the County aforesaid did unlawfully set up exhibit And keep a Faro bank a contrivance used in betting and other games of chance whereby money & property was & might have been bet & won against the peace and dignity of the Commonwealth of Kentucky

Andy Barnett atty for Commonwealth

witness before the Jury
Th H Chandler
W S Robertson

Endorsement of foreman
And upon the back of the above Indictment is the following endorsement towit

True Bill
M J Cecil Foreman Grand jury

Endorsement of ck filing
And upon the back of Said Indictment is the following clerks endorsement vz:

3
Filed May 26/59.
N T Berry ck

Order for Bench warrant to issue
And on the Same day of Said Term there was an order made upon motion of the attorney for the Commonwealth awarding a bench warrant upon the above and other Indictments admitting the defendants to bail in the Sum of Six hundred dollars

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. Marshal. 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 the 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 court this 20^th day of Sept 1859.

N T Berry C M C c

4
and upon the back of the above bench warrant is the following cks endorsement towit:

Endorsement for 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 the back of the above bench warrant is the following Sheriffs return towit:

Shffs return on bench wt.
Executed 22^nd March 1860. by arresting W H Daniels who was discharged by Jno W Morgan Executing bond according to Law which is filed herewith the other Defendant not found.

Geo W Tompkins S M C
By J C Vanansdall D. S.

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

Bond of John Morgan

W 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 Ky.

5
Daniel will appear in the Marion Circuit Court On the first day of its next May Term of Said court to answer Said charge and will at all times render himself amenable to the orders & 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 Kentucky the Sum of Six hundred dollars witness our hands this 22^nd Day of March 1860.

Jno 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 Vanasdall 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 Daniel
The Commonwealth Plff
vs } Faro Bank No 2
J Smith alias J Brower & William Daniels } Deft

6
This day the defendant William Daniels came in Open Court and by consent of the attorney for the Commonwealths attorney confessed judgment in the Sum of five hundred dollars It is therefore adjudged that Said defendant make his fine to the commonwealth of Kentucky by the payment of five hundred dollars the amount confessed as aforesaid and also the costs herein expended. And that he may be taken &c. And this cause is continued until the next term of this court. as to J Smith and an alias is awarded against him.

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

Capias on the Judgment agt. Daniel
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

7
Faro bank against our peace and dignity Also the Sum of Seven dollars and 20 cts which to us in the Same court was adjudged for our costs in that behalf whereof the Said Daniels 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 the above writ is the following Sheriffs return towit:

Sheriffs return on Ind capias
William 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 5^th 1861. There was made the following order.

Order forfeiting bond of Morgan & directing a Summons
Commonwealth Plff
vs } Indictment for Faro bank No 2
J Smith alias J Brower. and William Daniel } Defts

8
It appearing to 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 duly issued an execution issued against Said Daniels which was returned by E Kimberlin deputy Sheriff of Marion County (William Daniel not found.) And it further appearing that John W Morgan executed a bond to the Commonwealth of Ky in the Sum of Six hundred dollars Conditioned among other things that the he would at all times render himself amenable to the orders and process of this court. And he failing to render himself in execution thereof Said bond is declared forfeited. It is therefore ordered that a Summons issue on Said for forfeiture against Said 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

Greeting — You are commanded to Summon John W Morgan to appear in

9
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 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

And upon the above Summons is the following Sheriffs return towit:

Sheriffs return on Summons
Executed July 25^th 1861. on John W Morgan by delivering to him a true copy of the within Summons

S S M^cFatridge S M C

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

Order filing ans & demr of Deft Morgan
The Commonwealth Plff
vs } On foreited bail bond N^o 2
John W Morgan Deft

10
This day came the defendant by his atty and filed his answer and demurer and the court not being advised take time &c

The answer filed as above is as follws towit:

Marion Circuit Court
Answer of Defendant Morgan
Commonwealth of Kentucky Plff
vs } On Recognizance N^o 2
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 W^m H Daniel was then and there ready to Surrender himself in execution of Said Judgment and the Commonwealth failed and neglected to ask the court to commit him to Jail or to ask onr receive his commitment whereupon the Said Daniel returned to the county of Mercer his place of residence

11
where he has continued to be & reside ever Since and 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 wherefore he prays that Said Summons be dismissed &c

J W Morgan
By Shuch & Woods

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

Jno W Morgan

Sworn to by J W Morgan before me this 19^th Day of August 1861.

Tho^s C Woods C S L

The Demurer filed by defendant as above is as follows towit:

Marion Circuit Court
Demurer of Deft Morgan
Commonwealth Plff
vs } On Recognizance N^o 2 Demurer
John W Morgan Deft

The defendant John W Morgan demurs to the Summons & proceedings

12
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 defts demurer & Plff filed demurer to Defts ans
Commonwealth Plff
vs } Recognizance N^o 2
John W Morgan Deft

The Court being advised as to the demurers filed by the defendant herein overrules the Same to which defendant except and Plff filed demurer to Defts answer and the court being advised Sustains said dermuer. to which defts execpts and time until the next term of this court is given defendant to answer further.

The Demurer filed by Plff is as follows towit:

Plffs Demurer
Marion Circuit Court
Commonwealth Plff
vs } On Forf Reco No 2 Demurer to defts ans
John Morgan Deft

13
The Plaintiff comes and Says the defts answer is not good & Sufficient in law because he Says it Sits 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 rendered the following Judgment.

Judgment against Morgan
Commonwealth Plff
vs } On forfeited Recognz and N^o 2
John W Morgan Deft

This day came the attorney for the commonwealth and the defendant failing to further toplead It is adjudged that he pay to the Commonwealth the Sum of five hundred dollars the amount of the forfeiture herein and also the costs herein expended.

Execution on Judgment Statement
And on the 31^st Day of December 1861. there was an execution issued on the above Judgment against the defendant Morgan directed to the Shff of Mercer County which has not been returned

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 true copy of the Indictment N^o 2 against J Smith alias J Brower & William Daniels and the proceedings had therein also of Bond executed by John W Morgan and the proceedings had thereon in Marion circuit court. Given under my hand as clerk aforesaid this 7^th Day of February 1862.

N T Berry ck

Index

15

Commonwealth Plff
vs } on forfeited Recognizance N^o 2
John W Morgan Deft

Defandant John W Morgan lives in Mercer County Ky

Fee for this Transcript $3.00