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The State of Kentucky
Pleas before the Hon J. W. Stevenson Judge pro tem of the Campbell Circuit Court at the Court House in the City of Newport on the
The Commonwealth of Kentucky, Plff.
against } Carrying concealed Weapons
William Girty Deft
Be it remembered that heretofore. to wit on the
Campbell Circuit Court
The Commonwealth of Kentucky, Plff.
against } Indictment for carrying concealed weapons.
William Girty, Defendant.
The Grand Jury of Campbell County in the name and by the authority of the Commonwealth of Kentucky accuse William Girty of the offense of carrying concealed weapons committed as follows. viz. The said William Girty in the County,
Circuit and State aforesaid, on the day of
James Conner.
R. B. Carpenter,
Commonwealth's Attorney.
Summons on the Indictment against Wm Girty executed on him by the Sheriff of Campbell County
At a Circuit Court held on the
On plaintiffs motion a preemptory attachment is awarded against James
The defendant appeared & demurred to the Indictment which demurrer was overruled to which the defendant excepts thereupon he plead not guilty came a Jury viz: Wm Lindell, R. Farmer, Wm Moore, S. McIntosh, J. H. Peters, H. K. Morledge, G. C. Vickers, J. D. Otten, Jas Kiles, Wm Caldwell, J. F. Buning,
& John Peak who were sworn to try the issue after hearing the evidence returned the following verdict, viz: "We the Jury find the defendant guilty and fix his fine at 75 Dollars, G. C. Vickers, foreman
The defendant moved the Court in arrest of Judgment.
The Court overruled the motion in arrest of Judgment to which the defendant excepts. It is thereupon adjudged that the plaintiff recover of the defendant her fine of $75, and the costs of this prosecution.
And afterwards on the
The defendant moves the Court for a new trial on the following grounds.
1. The Court erred in rejecting evidence offered by Defendants.
2 d The Court erred in instructing the Jury.
3 d The Court erred in refusing instructions moved by Deft.
4 th The verdict is against law & evidence.
Hallam & Fearons
Attys for Deft.
And afterwards on the th day of Feby 1864
Evidence of J. Conner.
Be it remembered that on the trial of this Indictment the plaintiff introduced James Conner a sworn witness who stated that on
It was
for the young men about town to carry pistols to fire without ball for the purpose of making a noise, Did not know whether the pistol was loaded or capped.
And this was all the evidence for the Commonwealth.
The defendant then introduced Wm H. Bennett a sworn witness who stated that he knew Girty -- he (deft) resided in Newport & did business in Cincinnati Ohio that he crossed the river late at night & very early before day light in the morning in the ordinary course of his business. Here defts Attorney propounded to witness the following question "Are you acquainted with the passage back & forth between Newport & Cincinnati & is there any reason to apprehend danger from violence or crime to a person crossing there in the night time? To which the Commonwealth objected and the objection was sustained by the Court to which deft excepted
Witness further stated that Girty has been a very active & zealous union man in the present national troubles & had rendered
himself obnoxious to many persons because of arrests during the Kirby Smith raid in the fall of
Also Sidney B. Jones a sworn witness who stated that deft was employed as passenger agent at a rail road office in Cincinnatti that his duties required him to cross the river late at night & early in the morning as early as three or four o'clock to solicit passengers for the cars & that he had necessarily to visit rough & dangerous places about the wharves & elsewhere for such purpose, Witness never saw him engaged in such business but was once a railroad man himself & knows the duties deft had to perform -- Deft often had large sums of money about him but was not necessarily required to have it in the business in which he was engaged.
In the fall of
deft to have a settlement of those matters after the troubles were over.
It is agreed by counsel for plff & defendant that no threats were made subsequent to
Also Gus Artsman a sworn witness who stated that some time during the last year he arrived at the wharf in Cincinnatti on the Louisville packet about 2 or 3 o'clock in the morning that immediately after their arrival Deft appeared on board distributing bills for the rail roads.
Which was all the evidence for the defendant, The Attorney for the Commonwealth then moved the Court to instruct the Jury as to the law of the case whereupon the Court gave the following instructions to the Jury, viz:
8.
If the Jury beleive from the evidence that the defendant did carry a concealed weapon as charged in the Indictment in Newport Ky, and that said weapon was carried in the day time they must find the defendant guilty & fix his fine at not less than 50 or more than $100. If the Jury believe that the defendant had at the time of carrying such weapon reasonable ground
to believe that his person was in danger from violence or crime then they should find for the defendant.
2 nd If the Jury have a reasonable doubt as to the guilt of the defendant they must find for the defendant,
Which were excepted to by Defendant.
The defendant then moved the Court to instruct the Jury as follows.
3.d. If the Jury beleive from all the evidence that the Defendant was engaged in such lawful business as required him to travel at night and the carrying of a concealed weapon was necessary to enable the defendant to carry on his business then they will find him not guilty, which was refused by the Court to which the defendant excepted
The Jury having rendered their verdict, the deft moved to arrest the judgment & also for a new trial upon the following grounds (see page)
both of which motions were over ruled by the Court to both of which the deft excepted. He prays that this his bill of exceptions may be signed, sealed & made part of the record,
which is done.
J. W. Stevenson
Special Judge.
On defendants further motion an appeal is granted him to the Court of Appeals from the judgment herein.
On the th day of February 1864
Campbell Circuit Court.
The Commonwealth of Kentucky,
agt. } Supersedeas bond,
Wm Girty
The defendant Wm Girty having prayed an appeal from the judgment of the Campbell Circuit Court rendered herein against him at its
& costs now we covenant to and with the plaintiff that in case said judgment is affirmed we will pay said fine and costs, and all damages thereon and the costs of the Appeal, Witness our hands this
Attest Jno T. Girty.
Gus Artsman clk.
Campbell, Circuit, Court,
I Gus Artsman Clerk of the Campbell Circuit Court do certify that the proceeding 9 1/3 pages contain a full true & complete transcript of the record & proceedings
in the cause therein mentioned.
Witness my hand this th day of March 1864
Gus Artsman, clk.
Index.
fee $250
Deft good for fee & resides in Newport, Ky.
Court of Appeals of Ky
William Girty Appellant
against } Appeal from a judgment of the Campbell Circuit, Co.
The Commonwealth of Ky. Appellee
Judgment rendered at
Appellant assigns for error to his prejudice
1 st The Circuit Court erred in refusing to allow the questions propounded to the witness, W. H. Bennett on page 5 of this record.
2 d It erred in the first instruction given to the jury on page 7 of this record.
3 d It erred in refusing the instruction moved by deft, on page 8, of this record,
4th. It erred in overruling the motion in arrest of judgment, see page 3 of this record,
5th. It erred in overruling the motion for a new trial, see page 3 of this record
Wherefore he asks a reversal,
J. R. Hallam,
Attorney for Appellant
Girty
vs } Transcript.
Commonwealth
Filed & tax paid
certificate of Supersedeas issued
Att
Leslie Combs.
C. C. A.
$2. 50 Campbell.