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Commonwealth of Ky
against
William Banks and John M cClure
Circuit Court of Louisville
th day of January 1864
The above parties were Indicted and tried in the above Court upon the following charges, of having stolen or received the following property knowing it to be Stollen, two Packages (or Cadies) of twist tobacco, one weighing 18 lbs and the other 19 lbs, worth, Eighty five cents per lb, it being the property of C. N. Fink, Esq of this City, &c
The following is we believe a correct Synopsis of proof on both Sides,
The Commonwealth fully proved that the tobacco had been Stolen. and that it was worth Eighty five cents per lb, and that it weighed the number of lbs. alleged in the indictment,
The Commonwealth conclusively ^proved^ that the accused had sold a part of the tobacco for less than half of its value, and that the residue of the tobacco was found in their posession, The Commonwealth proved that the Defendant Banks when trying
(over)
to sell the tobacco to Mr. Fitzpatrick that he denieed the fact of his being a Soldier, the Commonwealth prove also that Banks acknowledged that he and M cClure were partners in interest in their trading operations, the Commonwealth proved further that Defendant McClure Said to Mr Baumberger when he was trying to Sell, Said tobacco to him, that he wished he (Baumberger) to Say nothing about it, and that if he would not, that he (McClure) would be able to Sell him many articles at a reduced price, &c,
The Defendants proved that they were Soldiers beloning to the 64th Ohio Reg of Vol. an doing duty at Barracks No. 1. in this city They proved also that three Lads from 15 to 18 years old had come to their place and importuned them to buy the tobacco in question, they proved further that the Boys Said that they had received the tobacco in payment for their Services as hands in the factory, they proved also that ^the^ Boys looked like tobacco factory hands, and they proved finally that they did buy the tobacco from those Boys, &c
The Defendants witnesses
were cross examined by the Commonwealth and proved that the tobacco was brought to their place, after dark and bought by them from the Boys by Candlelight, &c
The Jury in view of the foregoing facts found them Guilty of having received goods knowing them to be Stolen, with a verdict of three years in the State Prison,
(one of the witnesses for dfts was the wife of one of the dfts, another was his step daughter; The wife was offered to be introduced by dfts upon a severance ^of trial^ allowed by the court, but the court determined to exclude her & then the parties were tried jointly: & the court upon further advisement admitted the testimony of the wife on the joint trial- because the dfts had been induced to try jointly because of his ruling out the testimony of the wife even in a seperate trial & the court unwilling the dft should suffer any detriment on account of its ruling agreed to admit the testimony of the wife on the joint trial by consent of the com atty
com atty
Dupuy)
J R D
The tobacco was missed one evening afternoon late in the day- it was offered for sale on the succeeding afternoon at 3 o clock PM & then again at 7 o'clock on the same afternoon & on the next day after the sale the two men offered some of the same article to another Grocery man at half price one of them, Banks, stating that he & McClure were both selling tobacco --
It was not proven that accused were engaged in any legitimate business, but were soldiers who reported daily at one of the Military hospitals in the city
The above is the substance of the testimony in the above styled cause
J R Dupuy
com' atty --