<title type="main">Commonwealth of Kentucky v. Joseph Shenneberger, Transcript

(1st) May Term 1863 of the Jefferson Circuit Court TheCommonwealth of KentuckyPlff against Joseph Shounberg by -- that is Shenneberger Deft

Indicted with one Elisha Applegate, charged with Robbing the house of Mrs Elizabeth Newton on the day of Janry 1863, the parties claimed Seperate trials and upon the trial of Said Joseph Shenneberger the following Witnesses were introduced in behalf of the Commonwealth to wit

1st Mrs Elizabeth Newton -- who states on oath that she lived on the Shelby Street Plank road near the City of Louisville that she is a widow, and that on Saturday night the day of January 1863 about 10 oclock at night, she and her grand Daughter Miss Ann J Newton were -- aroused from their sleep by Some ones trying to break into the house at the front Door, and demanding admittence -- that she got up opened the door and that Elisha Applegate Came into the house and Said that he was a government Soldier and was hunting for government property -- that he had the right to take what he pleased -- that the house was surrounded with Soldiers -- that he had a shot gun in one hand and a pistol in the other -- that there was no one in the house but witness-the grand Daughter of witness and two or three small children -- that he told us if we made any noise he would burn the house -- that he took and carried away 4 wollen Blankets worth $10 -- a log chain worth $5 -- a musket worth $ and one Bridle worth $200 that she saw Shenneberger Standing at the yard gate yards from the house -- that she and her grand ^(Applegate had a large, fierce looking dog with him which he fre-

(2d) quently whistled to while in the house & the dog would then growl fiercely)^ Daugther Miss Ann J Netwon again went to bed and went to sleep and that at about 4 oclock the Same night Applegate again returned to the house and awoke them and forced them to let him into the house -- that that she again Saw Shenneberger Standing at the gate where he Stood the first time that Applegate then took and Carried away two sheets worth $3 -- two quilts worth $15 and Some other articles ^using threats & putting us in fear^ never saw Applegate before that night but Knows possitively he was the man who took her property, that Shenneberger did not come in the house or inside the yard gate, that she recognized Shenneberger -- that he had on a soldiers Blaivzer -- that she knew him well -- that he lived about 200 yards from her house -- that Applegate had on a coat like one she had Colord for Shenneberger-believes it to be the Same -- that Shenneberger Cursed Applegate at the gate in English for taking the Musket & said it was the last thing they wanted -- that she offered Applegate the money for the things he took and he would not receive the money -- that it was a moon light night and She did not give any alarm -- that Frank Aikers her friend lived in about 150 yards of her

(3d)

Miss Ann J Newton -- am the Grand Daughter of Mrs Elizabeth Newton -- that she concurs with Mrs Elizabeth Newton as to the taking of the articles -- their value and the manner they were takeng &c, recognized Shenneberger Standing at the gate when Applegate robbed the house Knew him well -- it was a moon -- light night -- Saw Applegate & Shenneberger leave together at the gate and go to Shennebergers house and go in Saw them all the way forom our house to Shennebergers house and cannot be mistaken -- the Distance is about 200 yards -- stood in our Door & saw them go into his Door -- there are Several fences between our house and his the next Morning My Grand Mother Mrs Elizabeth Newton Sent me to Deft Shennebergers to borrow Milk for breakfast -- that My Grand Ma Mrs Elizabeth Newton did not recognize that night recognize Shennebergers as the man who stood at the gate said she did not Know who it was and was said all the time She did not Know who the man was who stood out side at the gate, that her Grand Ma Stated in the police Court that she heard a man out Side but did not See him that night, Said that Applegate threatened to Kill them and burn the house if they interfered and that they were all -- greatly alarmed (Saw Shenneberger take about one half the goods from Applegate, when Applegate left the house & as Applegate passed through the gate at which Shenneberger was Standing-both then proce^e^ded immediately into Shennebergers house, near by)(Com' atty)

(4th)

Frank Aikers -- lives about 150 yards from Mrs Netwon.s on the Same side of the road Shenneberger lives on the opposite Side of the road from Mrs Newtons and nearly Square off of the road from My grocery about 175 to two hundred yards my grocery is Close to the road Shennebergers house is Some 200 yards or more from Mrs Newtons there are Several fences between their houses, on the Evening before the robbery was committed Shenneberger Called at my house, he was in the habit of Calling there frequently, and while there (I suppose it was between 7 & 8 Oclok) Came Applegate Came, Applegate had a large Dog and a Shot gun, Applegate Wanted to trade off the Dog and Shenneberger Said he had two Dogs & would trade with him Either of his dogs & give him boot Shenneberger and Applegate Seemed to be Strangers to Each other, & in fact I think they were entire Strangers to Each other, they left my house together between seven & eight Oclock as I thought to complete the dog trade, & I saw nothing more of Either that night the next day Mrs Newton came to my house and asked me who had been to my house the Evening before and I told her that applegate been there ^with^ Shenneberger, She then Said that they were the men who robbed her house, her Grand Daughter Ann J. Newton was with her and -- neither spoke of Shennebergers being -- present untill I told them that both Shenneberger & Applegate had been at my house the Evening before the robbery was committed -- See 5th Sheet

(5th) Continuation of Frank Aikers Testimony

I am acquainted with the Deft Joseph Shenneberger he is a near neighbour of mine, his character for honesty is good -- he is a hard-working honest industrious man is a man of a family

(6th)

Thomas Ryan I am a police officer I arrested Joseph Shenneberger the accused -- found Some of the articles named by Mrs Newton in an out house about yards from Shennebergers house the house was not occupied, Cant say who had controle of it, the goods were found hid up in the chimmney -- pressed in very tight & -- (com atty)

(7th) The following is the testimony offered for Deft Joseph Shenneberger To Wit

1st Jefferson Williams who being sworn states that he had Examined the locality of Mrs Elizabeth Newtons house where the robbery is said to have taken place also the house that Shenneberger occupied -- the house where the goods stolen is said to have been found and the location of the grocery of Frank Aikers where Shenneberger and Applegate is said to have been Seen together the Evening before the robbery was committed &c -- He says that Mrs Elizabeth Newton lived about one mile from Louisville on the Shelby Street road west side -- that Aikers grocery is on the Same side of the road about 150 yard.s from Mrs Newtons-beween her house and Louisville -- that Shenneberger lived about 225 yards from Mrs Newton.s on the East Side of the road and Square off of the road from Aikers grocery-that the house where the good were found was about 133 yards from Shennebergers house, and a little to the right of Shennebergers house, but pretty much in the Same direction from Mrs Newtons house -- that he had in company with Mr Price Steped the ground and Examined the premises -- that on a straight line between Mrs Newton.s house and Shennebergers there are four fences, (two plank and two rail) that the fence nearest Shennebergers house is about 8 or ten Step.s from the house a very close rail fince and at least 5 feet high, that he stood in the door of Mrs Newton and looked to the house of Shenneberger and is Sattisfied that Even in day time you could not more than see the head of a man when he would Enter the door of Shenneberger.s house and that he doe.s not believe it possible for any^one^ in the night time to stand at Mrs Netwon.s house (over)

and See a person Enter Shennebergers house that Shenneberger,s house does not directly front Mrs Newton s house but that the End of Shennebergers house is next to the road -- that the road where Mrs Newton s house stands make a Curve which gives her a partial side view of the Entrance to Shenneberger.s house -- that the distance from Mrs Newton.s house to the gate at which it is ^Said^ Shenneberger was Standing when Applegate robbed the house is 35 Step.s and that he doe.s not believe that a person could be recognized in the night time under the circumstances detailed by the Witnesses -- at least Witness could not, he Says that he has Known. the Deft Shenneberger 7. or. 8 year.s that Shenneberger has worked for witness one or two year.s that he speaks Very bad English so much so that Witness cannot under stand one half he says -- (that Deft is a verry hard working -- industrious honest man-and he believe as honest as any man -- that he is a man of a family) Brackets put by "com atty"

Witness stated that he did not know how light a night wit was upon which the robery was perpetrated -- but asserted the general proposition that he did not believe that the countenance of a man could be recognised by moonlight at a distance of thirty-five yards

(8th)

Dr J. S. Seaton had known Deft from 1857 or 1858 that Deft had worked for him some four months during one of those years his character was then good that he regarded him as a Very trust worthy faithful man that he had known but little of him Since and that he never heard his character for honesty doubted that he was a hard working moral man -- had'nt known him for the last two or ^three years^ Mr M Goss called -- have known Deft 7 or 8 years during the time his character has been first rate never heard any thing wrong alledged against him he is industrious and had worked a good Eal for me on my farm

Mr Thos Goss called -- am the Son of the last wit and fully concur with my father in his -- statements as to Deft.s character

Magr B. Farmer -- have known Deft intimately 5 or 6 years had worked with him more than a year knew him to be an industrious faithful honest man his character was unexceptional

W. G. Reasor Esqr I am the City attorney for Louisville Applegate was arrested and tried first I prosecuted him -- I was not present the day that Deft Shenneberger was tried in the City Court My recollection is that upon the trial of Applegate that Mrs Elizabeth Newton swore she did not know who the man was that stood at the gate when applegate robbed the house and neither Mrs E. Newton or her Grand daughter in their testimony Miss Ann J Newton in their testimony Spoke of Shenneberger as the Man who stood at the gate or said that they knew who that man was

Addenda by Com' atty It was proven by the officer who made the arrest that as soon as he heard of the commission of the offense he went in search of deft -- went to his house-- could'nt find him,--returned to the city & still could'nt find him & then posted himself nerar defts house & after waiting some time saw defts wife drive up to defts house in a wagon--get out--unharness the horse milk the cow, bring water &c & at length return to the city in the wagon -- Officer followed ^her^ to a certain house in the city where he found deft--who, as soon as he saw policeman, made haste to escape--

It was also shown that in one of the matrasses in Shenebergers house (by officer) there was found (in the inside of the matrass) a soldiers overcoat of such material as is generally

10 furnished by the U S to her soldiers which evidently presented the appearance of having been dyed. The officer described the color as being the same color & the coat as being the same kind of coat which Mrs Newton stated she had dyed herself & as having been taken from her house. It was shown stated by Officer who made arrest that Shenneber spoke intelligible English when arrested, that at that time he understood his conversation without any difficulty & that while at Shennebergers he looked over frequently towards Newtons & while at Newtotns he looked over towards Shennebergers & that there would be in his opinion no difficulty in seeing the upper half of the form of a man, when standing in either door ^in entering the door of the other house^--the witness spoke positively that the fences which were between the places

11 did not preclude the possibility of one's being recognized from one tenement to the other -- thought not only that it might probably ^be^ done but was positive the fences did not so obstruct the view as to prevent its being easily done -- com atty"

The foregoing Eleven pages Embrace about the substance of the testimony in the above styled cause, at least as near so as can now be obtained--it being written principally from memory

J R Dupuy

Com' atty 7th judicial Dist

Louisville MayJune 7, 1863

Mr Dupuy having signed and certified the evidence in the above case I will add that I am satisfied he would not have so certified but for his belief in its correctness.

P. B. Muir

This man ought not to have been convicted and the affidavits in connection with the evidence satisfy me that he is not guilty I therefore in Justice to him and of the innocent order his pardon. Oct 2nd 1st 1863

Tho E Bramlette

This case upon the facts presents some difficulty in to the identity of the Deft-- The uncertainty of all human evidence is one of the great difficulties in truth

The Jury are the chosen triers of fact-- I cannot say that their verdict in his case is wrong or even that I would have found differently. I do not think the case is one for Executive interference

J F Robinson

Comth vs Shenneberger

Jefferson Co Pardon

J. Shenneberger 2nd Oct/63