<title type="main">Commonwealth of Kentucky v. John Patterson, Transcript

1st State of Kentucky Mercer Circuit Court } Sct

At a circuit held for Mercer County at the court-house in Harrodsburg The Grand Jury returned into court on the 15th October 1863 the following Indictment namely.

The Commonwealth of Kentucky against } Mercer County Circuit Court John Patterson

The Grand Jury of Mercer County, in the name and by the authority of the Commonwealth of Kentucky, accuse John Patterson of the offence of Malicious Shooting with intent to kill committed as follows: The said John Patterson on the 5th day of October 1863. in the county aforesaid, did unlawfully and maliciously shoot at and wound A. G. Kyle, with a gun loaded with a leaden bullit or other hard substance, with intent to kill said Kyle thereby against the peace and dignity of the Commonwealth of Kentucky.

Witness before the Jury.

Elison Carter

James Taylor

Sidney McFatridge

Jefferson Roberts

William Sallee John A Proctor

A. G. Kyle, James Wornicut

Dr Wm Tomlinson, J G Kyle

James Crutcher

L. H. Noble, Attorney for the Commonwealth

At the AprilNov Term of the Mercer CountCircuit Court To wit Thursday November 10th 1864 the following proceedings were had.

The Commonwealth of Kentucky Plaintiff vs } Indictment No 1 John Patterson Defendant

This day came the Commonwealth by attorney as also Defendant in proper person in discharge of his bail bond entered into herein and was placed at the Bar in custody of the Sheriff and thereupon the following Jurors of a Jury were duly empannelled to-wit James B Irvine, Daniel F James, Joseph Yeast, H. W. Mitchell, John L Martin, Jonas Robb, A J Sims, John Adams, J C Daniel, George Raney, William Semonis, & Cornelius Donavan Who was Sworn Well and truly to try the issue and true verdict render in this case,

And having proceeded with the trial of this case but not having time to conclude the same on this day, it is ordered that the further trial hereof be continued and postponed until to morrow and the said Jurors being sworn and charged as the Law requires are permitted to disperse until to Morrow Morning 9 O'clock. And thereupon the said defendant was remanded to the Custody of the Jailor of Mercer County.

The Comlth of Ky vs Plff vs Indict No 1 John Patterson Dft

This day came the Comlth by Atto as also the prisoner at the Bar who was placed in the custody of the sheriff and the court and the Jury having heard the evidence offered by the parties and the argument of counsel there on this prosecution was submitted to the Jury for verdict thereon, And the Jury having retired to their room to consult thereon after a time came into court and reported that they had not as yet agreed upon a verdict and thereupon the further trial of this case was continued until to Morrow Morning 9 O'clock And the said Jurors be duly charged was committed to the Keeping of the sheriff of Mercer County as required by Law and the said defendant again remanded to the Jail of Mercer County.

RB MCC Nov 16 1864

The Commonwealth of Kentucky Plff against Indict No 1 John Patterson Deft

This day came Commonwealth by Atto as also the Jury empannelled and sworn herein on a former day of this term,

The prisoner also appeared and was placed at the Bar in custody of the sheriff and the said Jurors having agreed upon their oaths returned the following

4th verdict to wit, We of the Jury find the Defendant John Patterson guilty of the offence charged in the within Indictment and fix his punishment at One Years imprisonment in the state penitentiary Signed James B Irvine foreman &c and thereupon the said Defendant was again remanded to the Jail of Mercer County.

State of Kentucky Mercer Circuit Sct

I Richard Board Clerk of the Mercer Circuit Court Certify that the foregoing Three and One Fourth Pages contain a true copy of the Indictment and Judgement in the within named case

Given under my hand this 16th day of November 1864

Richard Board C. M. C. C