<title type="main">Commonwealth of Kentucky v. Arnold Snider, Transcript

1 1 Pleas before Elijah. C. Phister Judge of the Greenup Circuit Court at the Court house in Greenupsburgh on the 25 day of July 1862.

Parties The Commonwealth of Kentucky Plaintiff against } Indictment for Manslaughter Arnold Snider Defendant

The Grand Jury Sworn and empannelled in and for Greenup County returned into Court the following Indictment against the defendant Towit.

Indictment Greenup Circuit Court

The commonwealth of Kentucky Plaintiff against } Indictment for Manslaughter

Arnold Snider Defendant

The Grand Jury of Greenup county in the name and by the authority of the commonwealth of Kentucky accuse Arnold Snider of the crime of Manslaughter committed as follows: The Said Arnold Snider. On the 4" day of July 1862 at the county aforesaid did feloniously and wilfully kill James Briggsby drowning him, against the peace and dignity of the commonwealth of Kentucky.

L D Ross, Pro tem Attorney for the Commonwealth

A true Bill Matthew Warnock Foreman

And Afterwards Towit, at a Court held for Said Circuit on the 22 day of July 1862

Commonwealth's Witnesses Recog. This day came the attorney for the Commonwealth and the defendant being brought to the bar in custody of the Jailer and Jeremiah Moore and Matthew. L. Thompson Witnesses for the commonwealth appeared in Court & Severally acknowledged themselves endebted to the commonwealth ^of Kentucky^ in the sum of one Hundred Dollars. each to be void however upon their severally appearing in this Court on this day by the hour of two.O. Clock to testify on behalf of the Plaintiff in the above named prosecution, And not departing without leave of the court.

Arraignment dispensed with, plea of not guilty Jury. and Jury adjourned until tomorrow Morning And afterwards towit at a court held for Said circuit on the 22 day of July 1862 This day came the attorney for the Commonwealth and the Defendant-- being again brought to the bar in custody of the Jailer, and with the consent of said defendant-- an arraignment is dispensed with. The defendant then plead not guilty, and the attorney for the Commonwealth joined issue and thereupon came a Jury "Towit" Samuel McCormack, O. F. Mackoy, J. N. Dysard, A. G. Clark, Robert. Robb James. M. Puthuff, John Gray, Robert Bayse

2 3 Daniel Callihan, James Clifton, J. B. Puthuff & Elijah Walker who being elected tried and sworn well and truly to try the issue joined &c And there not being sufficient time to progress farther with this cause this evening, the Jury is adjourned untill Tomorrow Morning at Nine Oclock

Verdict of Jury. And afterwards towit. at a court held for said Circuit on the 23d day of July 1862 This day came the attorney for the commonwealth. and the defendant being again brought into court, and the evidence and argument of Counsel being heard, The Jury returned into court the following verdict "towit" We the Jury find the Defendant guilty of the charge contained in the Indictment and determine that he Shall be confined in the State penitentiary for the term of two years=

And afterwards towit. at a Court held for Said Circuit on the 24" day of July 1862.

Grounds for new trial filed by Deft & Motion to arrest Judgt. & Motion overruled. The parties appeared by their attournies and the defts filed grounds for the arrest of the Judgment and for a new trial of this cause, and moved the court to arrest the Judgment and for a new trial of this cause. which was resisted by the attorney for the commonwealth, and the Court upon consideration thereof overruled said Motion

4 to which the Defendent excepted

Grounds for arrest of Judgt. & new trial Commonwealth of Kentucky Plaintiff against { Grounds for arrest Judgt & New trial Arnold Snider Defendant

The defendant Arnold Snider by his attorney Moves the Court for an arrest of the Judgment in this cause against him & for a new trial for the following causes.=

1 The Court erred in refusing to give the 1 & 2 instructions asked for by him

2 The Court erred in giving the instructions in the hand writing of the Judge & which was given in lieu of the 1st & 2d asked for by him

3 The Jury found contrary to the law & evidence wherefore he asks an arrest of Judgment & for a new trial

Dulin atty,,

And afterwards towit,, At a court held for said Circuit on the 25 day of July 1862,,

Judgment The defendant was brought into court, and being informed of the nature of the Indictment plea and verdict, was asked if he had any legal cause to Show why Judgment should not be pronounced against him, and none being shown, It is adjudged that the defendant is guilty of the offence of Manslaughter as charged in the Indictment, and that he be taken by the Sheriff of Greenup. County to the

3 5 State penitentiary and there confined at hard labor for the period of Two years.

Bill of Exceptions filed, & appeal granted. The defendant produced his bill of Exceptions herein which being Signed and Sealed by the Court, the Same is ordered to be made a part of the record And on ^his^ motion an appeal from the Judgment herein to the Court of appeals is granted him,,

Bill of Exceptions Commonwealth Plaintiff against } Bill of Exceptions Arnold Snider Defendant

Testimony of Mrs Jesse Alexander Be it remembered that upon the trial of this cause, the Plaintiff introduced Mrs Jesse Alexander who proved that on the 4" of July '62 She was called to by the defendant, who was sitting on the Bank of Tygart Creek in this county & opposite to her house, the creek being between the house & Defendant, and asked to send over a boat for him, that he wanted to cross the creek, that he acted and talked boisterously, she told him that, the boat was full of Water, & that the horses were in the field and that Some one was in the field after a horse, He cursed at her and said he could show them how to cross such creeks as Tygart, And immediately plunghed in & Swam over or nearly over to the west Side, the side on which she was, and her house was, that then She did not know him, that he went in with his clothes on, that when he Swam over

6 or nearly so he did not come out of the water, but Swam about & around & then turned around & Swam back to the Side he came from, the lasteast side of the creek, that he then went out on the bank & on on to the top of it, where the deceased Briggs was, Briggs was therethen on his way home (her house) to dinner & Prisoner took hold of him (Briggs) And led him into the creek & was Swimming with him a cross and held him up, telling him to hold up his head and that he would not let him drown, Briggs was very unwilling to go & begged Snider not to take him to let him alone, that she and Mrs Osburn Called out to him to take Briggs back, that Briggs could not swim & he would drown, they repeated this Several times but that he only replied by cursing them and using bad language, that she ran into her house to tell her husband & Mr Truet, who were in the house up stairs making some settlement, that Truet came out and hallowed to him Sharply to take him back, that he would drown him, that he did go back with him to the east Shore, that Briggs got out of the water having been let go by Snider, when ordered by Truet and went back on to the top of the Bank. Truet then went back into the house, that Snider then Swam back and forth in the water & Plungedplayed in it, Sometimes Swimming on his back and Sometimes on his side or Sometimes on his belly, that he cursed & called out that, that was the way to cross such damned creeks as Tygart

4 7 that he again went out and took hold of Briggs and pulled him in the creek, and told him he wanted to learn him to Swim, that he must hold up his head and do as he did, that Briggs begged him to let him go, that he Swam with him to about the middle of the creek. that then he pulled Briggs back and told him "Damn you" Swim or drown, & Swam off from him several feet, that Briggs sunk and did not quite come to the top of the water but that he had a red shirt on & she saw him floating & Struggling Just below the surface, She hallowed to Snider several times to come back & Save Briggs, that he could not Swim & would drown, that Snider swam out on the east side of the creek the same he went into the creek at first from, & ran down along the bank into Some bushes, that her husband Jesse Alexander came out of the House & went into the creek to resque Briggs & tried awhile, but did not then get him that She and Mrs Osburn Called out to him that Briggs was drowned (as he was) & never to mind him, but to run out & catch Snider so that he could be hung that Alexander did go out of the creek and arrest Snider that She did not know it was Snider until Truet called him by name, When he first came out & told him to let Briggs alone, Briggs was a Small feeble man he didnt more than rach up to Sniders Armpits or Shoulders he was weak and hadnt,, much mind

8 Testimony of Mrs Osburn Mrs Osburn was then called who proved the same as the first witness Mrs Alexander, and also that Snider after he took Briggs to Shore, the first time, told him he did not want to hurt him, that he could see that, that the Women did not tell him right, he did not want to hurt him, he only wanted to learn him to Swim. She also said that Mr Alexander went in to rescue Briggs but seemed to her to get bewildered. Geo Truet was then called who proved that he was in the house of J. Alexander with him up stairs, that they were called to & told by Mrs Alexander that Some one had Jim Briggs in the creek and would drown him, that went out and saw Snider with him in the creek Swimming with him, that he told him sharply -- to let him go, take him out the creek, that Briggs could not Swim, & he would drown, that Snider then Swam back to the east side with him & Briggs got out that Snider was drunk and was cursing & boisterous, that he went into the house and Shortly Mrs Alexander & Mrs Osburn called to him that Snider had him in the creek again that he & Alexander went out that Snider had sunk under the water, that he could see his red shirt under the water, that the water was about Eight feet deep that Snider was about six or Eight feet from him Swimming off from him Saying damn you Swim or Drown, that

5 9 Briggs struggled in the water a few moments & sunk & was drowned, that he ran to the little boat, to bail out the water & go to his assistance that Alexander went into the creek to catch him & tried awhile but did not get him, & then went out and arrested Snider who had gone down the bank of the creek a short distance, that they got Briggs out in about an hour that Snider was quite Drunk, that Snider lived on the west Side of Tygarts, Same side with Alexander & five or six Miles from Alexander that he had seen him drunk before and he was boisterous when drunk. Briggs was about 30 yrs. old and half witted and was a small ^weak^ Man, Witness said he (Witness) could not Swim.

Testimony of Jesse Alexander Jesse Alexander being called states that his wife & Mrs Osburn called to him & Truet that Snider had Briggs in the creek and would drown him, or was drowning him, that he went out and saw Briggs in the creek about half way where the Water was seven or Eight feet deep. Briggs was under the water, he could just see his red shirt, Briggs sunk, and Snider Swam out to the other side from where he witness was, and ran off down the creek a hundred yards or So into Some bushes, that he witness went into the Creek to get Briggs & it Seems there was a log under the Water which Witness did not See and witness in getting towards Briggs turned a Somerset over

10 the log the Water was Muddy & he ran against the log without seeing it, but was afraid to take hold of him, for fear Briggs would catch him & draw him under that while he was trying to get him, he witness fell over a sunken log & went under, that thenwhen he came to the surface, the Water was Muddied, & he lost sight of Briggs, that the women told him to go and catch Snider, that he might be hung as Briggs was dead, he went out after Snider & as he approached him he said "I wont be taken" Witness picked up a stick and told he would knock him in the head, he then said he would go along with him & started with him, and remarked he had nothing against Briggs & did not want to hurt him. that he seemed to be drunk,, but did not stagger. That Snider had a bundle of goods, or a bundle was found at the foot of a tree on the Bank of the Creek,, which proved afterwards to be his, Briggs was about 30 yrs old was half witted physically weak and was -- small in size. he seemed to be weak in his legs -- as witness run after Snider To take him, Snider Said he Snider had drowned Briggs & would be hung.

Testimony of Wm Neas. Defendant then introduced William Neas who proved that he had known Snider for five or Six years that he was about Seventeen years old, that he had several times worked

6 11 for him, and at times he seemed to have spells & not in his right mind, he then behaved Strangly & different from others, Sometimes talked a great deal & ^at^ others not much, & would run against me in walking along the road and did not Seem then inclined to work that he had seen him drunk & when drunk he acted in a Phrenzied manner & boisterously, That he was in the habit of part of his time working about in the neighborhood that he did not make contracts only that the people should pay him what they thought his work was worth,

Testimony of Wm Moore Wm Moore proved that he Knew Snider that he was Subject to "Spells" when he did not seem to be in his right mind & acted strangly, that he had seen him drunk when it had the effect of these Spells, which he sometimes had when he had not been drunk, Witness went to School with him Snider, that they were boys togther spelled together & read together played ball Bass and other plays together that he Snider was as Sensible and Smart as other boys of his age That when he got Drunk he was wild and roving noisy and ungovernable, that he had Known Snider since they were both quite young= Jerry Moore, then proved that he had Known Snider for several years that he had been told that he had spells when he acted as if not in right mind but never saw him so, only when

12 drunk, that he had seen him drunk and he then acted boisterously & Strangley, He is the uncle of Snider, that he has lived within a quarter of a mile of him for the last 2 or 3 years and has Seen frequently, in the mean time and has seen nothing wrong about his mind, when he gets a drunk, he becomes boisterous and noisey, He has known him ever since he, S Snider was born.

Testimony of Mrs Black Mrs Black was then introduced who proved she was the Sister of the defendant, that She was older than he, that ^he^ was about 17 yrs old, that when he was quite Small he and another brother & a sister were poisened by eating wild parsnips that the other two died & that he had had spells Since, which Showed he was not in his right mind She had never seen him with fits, had once seen him drunk, had come to the house drunk & with a gun, and then acted foolishly & went and laid out of doors on the bank, for a considerable time before she could get him into the house, that next day he looked badly & had nothing to say much,, Ever Since he eat the wild parsnips he has looked Strange out of his eyes, he Kind o turns his head to one Side and looks strangnge out of his eyes

Testimony of James Snider James Snider was then Sworn who proved that the defendant was his Son & was about 17-ys. old that he had been poisened by eating

7 13 Wild parsnips when quite young, he had two other who were also poisened & who died,, that Since, then he had had Spells, when he was not in his right mind, that when drunk he was unruly & ^hard^ hard to control,

John F Jones was then called who proved that on the 4" of July '62, Snider passed by his house at Liberty very drunk, reeling and boisterous & had a small bundle of goods, that he was going towards Tygart Creek, Where Briggs was afterwards drowned, & which Was a half to 3/4 mile off, He did not Know whenre he got his Liquor Snider was quite Phrenzied when he Saw him,,

This being all of the evidence the Com^mon^wealths attorney moved the Court for the following instructions to the Jury No 1,, 2 (Here insert them) which Were Given by the Court, Defendants atty moved the following 3 instructions (here insert them) the Court gave No 3. and refused to give 1 & 2,, And gave in lieu of them the instructions in the hand writing of the Court Circuit Judge (Here insert it) to which Defendant then & now objects & Excepts,, To this refusal of the Court to give his said instructions and giving the one in lieu of them, the defendant then & still objects & excepts, The return the following verdict (Here insert it) the Court rendered

14 the following Judgment (here insert it) The defendant moved the Court to arrest the Judgment & for a new trial on the following Grounds (here insert them) the Court over ruled the grounds for a new trial to which deft. then & now objects & Excepts and now tenders this his Bill of Exceptions & prays the same be signed & sealed by the CirCuit Judge & Certified to the Court of appeals which is done

Elij. C. Phister

Comwealth vs Arnold.

Commonwealths instructions 1 If the jury believe from the evidence that the Prisoner Arnold Snider did voluntarily and wilfully kill James Briggs by drowning him, then they must find him guilty of manslaughter, and fix his punishment by confinement in the State Penitentiary for a period not less than two nor more than ten years- But unless they believe that he did so voluntarily and wilfully Kill him, then they will find him not guilty. Given

2 If from the whole case the Jury have a reasonable doubt as to the quilt guilt of the prisoner then he is entilled to an acquital, Given

Defendants instructions -- 1 The Defendant moves the court to Say to the Jury, that if they believe from the evidence that the accused was in Such an unsettled State of mind with Such want of reason at the time of the drowning Refused

8 15 drowning of Briggs as not to be conscious of the moral or legal turpitude of the act ^committed, then he is not guilty of the act^ charged & the jury must acquit him.

2 If they believe from the evidence that the Defendant was so far insane or So far deprived of reason as not to Kwnow whether the act was wrong or not, he is not punishable and not guilty of the charge although Such want of Knowledge or delirium arose from present Drunkenness or was produced by the Volentary use of intoxicating liquors & in Such Case they Must acquit himRefused

3 If the Jury from a consideration of the whole evidence Shall have a reasonable doubt of the guilt or innocence of the accused they must acquit him,, Given

Judges Instructions

Judges Instructions If the Jury believe from the evidence that the Defendant was deranged or delirious so as not to Know whether the act he was doing was right or wrong, they will find him not guilty, But if his condition was that of intoxication, And any obscuration of his faculties or inflammation of his passions under which he was laboring was the immediate effects of intoxicating drinks the Jury must cannot acquit him on that ground Given

State of Kentucky Greenup Circuit Court } Sct:

I William Corum clerk of the Greenup Circuit Court, in the State of Kentucky, do Certify, that the preceeding fifteen pages Contain a full true and Complete transcript of the record and proceedings in the Cause therein mentioned. Given under my hand this 30th day of December 1863.

Wm Corum C. G. C. C.

Fee. $3.50.