<title type="main">Commonwealth of Kentucky v. William McCandless & Squire H. Flint, Transcript

Metcalfe Circuit Court The Commonwealth of Kentucky Plff vs } Petition William McCandless & Squire H Flint Defts

The plaintiff the Commonwealth of Kentucky States heretofore to wit: on the day of January 1864 one Thomas Williams was in custody charged with the crime of Horse stealing, having been arrested by Moses A Scott Jailer of Metcalfe County who was duly and legally authorized and empowered to make said arrest, and being admitted to bail in the sum of Eight hundred dollars, the Defts Wm McCandless and Squire H Flint by their written bail bond dated and executed the day of January 1864 undertook that the said Tho A Williams would appear in the Metcalfe Equity and Criminal Court on the first day of its May term 1864 to answer said charge, and would at all times render himself amenable to the orders and process of said Court in the prosecution of said charge, and if convicted would render himself in execution thereof; or if he should fail to perform either of said conditions that Defts would pay to the Commonwealth of Kentucky the sum of Eight hundred dollars which said bond was then and there duly and legally taken and subscribed before the proper Court or officer authorized to take said bond viz: Hon. John Y Wallace presiding judge of the Metcalfe

2 County Court, whereupon the said Tho. A Williams was discharged from Custody.

Plff further states that at the Called and special May term 1864 of the Metcalfe Circuit Court said Thomas A Williams failed to comply with the conditions of said bond in this -- Said Williams faled to appear and answer said charge or in any way to comply with the conditions of said bond, whereupon said bond was forfeited and judgment of forfeiture entered thereon, and summons ordered against said Defts McCandless and Flint requiring them to appear at the December term 1864 of said Court and show cause why judgment should not be rendered against them for the amount of said bond, which said summons was duly executed upon said Defts, and at the December term 1864 of said Court said Cause was continued.

Plff further states that since the last or December term 1864 of said Court said bond together will all the records connected with said action or prosecution, and all other papers relating thereto have been destroyed by fire, that the cost of the prosecution of said action upon said forfeited bail bond up to the destruction of said papers amounted to the sum of $ wherefore plff prays judgment against defts for the full amount of said bond

3 and costs and for all proper relief

J H C Sandige atty for Comth

Sworn to before me by J H C Sandedge this 6th day of June 1865.

R H Young Clk

A Copy Att. R H Young Clk.

Metcalfe Circuit Court The Commonwealth of Ky Plff vs } Answer Wm McCandless & Squire H Flint Defts

The Defendants for answer herein say that on the first day of May 1864 & that for & during the June term, not of the May term of this Court in 1864 when the bail bond mentioned in plffs Petition was forfeited, Thomas A Williams for whose appearance said bond was given, was then & before & after that time a soldier in army of the United States, regularly enlisted & mustered with said Army as such, that he enlisted in said army about the first of April 1864 in the 12th Regt. of of Missouri Cavalry Col. Wells Commanding & in Company D. of that Regt, commanded by Capt. Richards at St. Louis Missouri and that said Williams was regularly discharged at St. Louis in or about the

4 of Sept. 1864 on account of disability in his arm which discharge certificate has been destroyed, and on the 10th of Octr. 1864 said Williams was killed. wherefore the defts insist that they are released from all liability upon said bond and, and they pray that said judgment of forfeiture may be set aside & a judgment rendered in their favor, and they pray for all proper relief.

Rousseau & Price & Edwards P Q A copy att: R H Young Clk.

Deposition James McCandless, of lawful age being sworn, and examined at Carrollton State of Missouri County of Carroll on the part of the deposeth and saith, that I know Thomas Williams, formerly from Metcalfe County Kentucky, Carroll County Missouri. The said Thomas Williams came to my house about the 1st day of March 1864. The said Williams left my house with my step son, who was at home on furlough from the Twelfth Missouri Cavalry, and the said Thomas Williams did enlisted in the U S Service about the first of April 1864 in the 12 Mo. Cavalry, Col. Wells Company D. Capt. Rickards at St. Louis Missouri, and deponent further says said Thomas Williams was

5 discharged at St. Louis on or about the last of September 1864 on account of disability in the arm, the discharge was placed in the depositing box of the post office at Carrollton Mo. Oct. 1864 in an envelope by the widow of said Williams directed to above County in the state of Kentucky, directed to James Rousseau and the same was taken out of the box by the rebels -- when the rebels made a raid into this place Carrollton last October under our Col. Williams of the rebel army, Joe Shelbys command, the said Williams was killed the 10th of Oct.

James McCandless.

I H H Brown justice of the peace within and for the County of Carroll State of Missouri do hereby certify that James McCandless the deponent whose residence is Carroll County in the state of Missouri was by me sworn to testify the whole truth of his knowledge touching the matter in controverrsy in the cause aforesaid, and that this deposition was reduced to writing and was subscribed by him in my presence on the 25 day of April 1865. between the hours of 10 oclock and three of said day aforesaid at my office in Carrollton Carroll County Missouri.

H H Brown Justice of the peace

6 State of Missouri County of Carroll

I James F Tull clerk of the County Court of said County do hereby certify that H H Brown Esq whose genuine signature appears to the foregoing certificate was at the date thereof and is now an active Justice of the peace of said County duly elected commissioned and quallifed as such, and that full faith and credit are due and ought to be given to all his official acts.

Given under my hand and the seal of said Court this April 25th 1865 J F Tull Clk

A Copy att: R H Young Clk

Commonwealth vs } Copy Petition answer and Deposition Wm McCandless &c

For W McMCandless Clks fee 1.75