<title type="main">The State of Ohio v. George Maxwell, Transcript

The State of Ohio, Montgomery County, SS,

The Court of Common Pleas of Montgomery County Ohio, of the Term of November in the year of our Lord One Thousand Eight Hundred and Sixty Four.

1st The Jurors of the Grand Jury of the State of Ohio within and for the County of Montgomery in said State, empanneled, sworn and charged to enquire of Crimes and offenses committed within the said County of Montgomery in the name and by the authority of the State of Ohio, on their oaths do present and find: That George Maxwell intending and contriving one August^us^ Alfred VanHauten to deprive of his life, and him the said Augusutus Alfred VanHauten, unlawfully and of his deliberate and premeditated malice to Kill and murder on the sixth day of October in the year of our Lord One Thousand Eight Hundred and Sixty Four, with force and arms, in the County of Montgomery aforesaid in and upon the said Augustus Alfred VanHauten then and there being, then and there, unlawfully, forcibly, purposely and of his deliberate and premeditated malice did make an assault, and that the said George Maxwell a certain pistol then and there loaded and charged with gunpowder and one leaden bullet, which pistol he the said George Maxwell in his right hand then and there had and held, then and there, unlawfully forcebly, purposely, and of his deliberate and premeditated malice, with the intent to Kill, did discharge and shoot off, at, to, upon, and against the said Augustus Alfred VanHauten, and that the said George Maxwell, with the leaden bullet aforesaid, and of the pistol aforesaid then and there by force of the gunpowder aforesaid by the said George Maxwell discharged and shot off as, aforesaid, then and there unlawfully

forcebly purposely and of his deliberate and premeditated malance and with the intent to kill him the said Augustus Alfred VanHauten, did strike penetrate and wound the said Augustus Alfred VanHauten in and upon the right side of the breast of him the said Augustus Alfred VanHauten thereby then and there, giving to him the said Augustus Alfred VanHauten in and upon the right side of the breast of him the said Augusuts Alfred VanHauten one mortal wound of the length of one Third of one inch of the breadth of one Third of one inch, and of the depth of six inches of which said mortal wound the said Augustus Alfred VanHauten then and there instantly died, and the jurors aforesaid, on their oaths aforesaid do say, that the said George Maxwell, him the said Augustus Alfred VanHauten in the manner and by the means aforesaid, unlawfully, forcebly purposely, and of his deliberate and premeditated malice, did kill and murder, contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Ohio.

2d And the Jurors aforesaid at the term aforesaid on their oaths aforesaid, do further present and find, That George Maxwell intending and contriving, one Augustus Alfred VanHauten to deprive of his life, and him the said Augustus Alfred VanHauten, unlawfully, purposely and of his deliberate and premeditated malice to Kill and murder on the sixth day of October in the year of Our Lord one Thousand Eight Hundred and Sixty Four with force and arms, in the County of Montgomery aforesaid, in and upon the body said Augustus Alfred VanHauten then and there being, then and there unlawfully, forcebly, purposely and of his deliberate

and premeditated malice, did make an assault and that the said George Maxwell a certain pistol then and there loaded and charged with gunpowder and a certain leaden bullet, and other destructive materials which said pistol he the said George Maxwell then and there in his right hand had and held, then and there unlawfully, forecebly, purposely and of his deliberate and premeditated malaice and with the intent to kill, did discharge and shoot off at, to, upon and against the said Augustus Alfred VanHauten and that the said George Maxwell with the leaden bullet and other destructive materials aforesaid, and, of the pistol aforesaid then and there by force of the gunpowder aforesaid by the said George Maxwell discharged and shot off as aforesaid, then and there unlawfully, forcebly, purposely and of his deliberate and premeditated malaice and with the intent to kill, him the said Augustus Alfred VanHauten; did strike penetrate and wound the said Augustus Alfred VanHauten in and upon the right ^side of the breast one inch above and external to the right^ nipple of him the said Augustus Alfred VanHauten, thereby then and there giving to him the said Augustus Alfred VanHauten in and upon the right side of the breast one inch above and external to the right nipple of him the said Augustus Alfred VanHauten one mortal wound of the length of one Third of one inch of the bredth of one Third of one inch and of the depth of Six inches of which said mortal wound given as aforesaid he the said Augustus Alfred VanHauten on and from said sixth day of October in the year aforesaid from Seven and one half oclock in the afternoon of said day until Eight oclock in the afternoon of said day in the same year in the county aforesaid, did languish, and languishing did live on which

said day of October in the year aforesaid, at the hour aforesaid: he the said Augustus Alfred VanHauten in the County of Montgomery aforesaid, of the mortal wound aforesaid did died, and the Jurors aforesaid on their oaths aforesaid do say: that the said George Maxwell him the said Augustus Alfred Hauten in the manner and by the means aforesaid unlawfully, forcibly, purposely, and of his deliberate and premeditated malice did Kill and murder, contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Ohio.

43th And the Jurors aforesaid, at the term aforesaid on their oaths aforesaid, do further present and find, That George Maxwell intending and contriving one August Alfred VanHauten to deprive of his life and him the said Augustus Alfred VanHauten unlawfully, purposely, and of his deliberate and premeditated malice, to kill and murder, on the sixth day of October in the year of our Lord One Thousand Eight Hundred and Sixty Four, with force and arms, in the County aforesaid in and upon the said August Alfred VanHauten then and there being, then and there unlawfully, forcebly, purposely and of his deliberate and premeditated malice did make an assault, and that the said George Maxwell a certain pistol then and there loaded and charged with gunpowder and other destructive materials, which said pistol he the said George Maxwell then and there in this right hand had and held, then and there unlawfully, forcibly, purposely and of his deliberate and premeditated malice with the intent to kill did discharge and shoot off at, to, upon

and against the said Augustus Alfred VanHauten and that the said George Maxwell with the destructive materials aforesaid and of the pistol aforesaid then and there by force of the gunpowder aforesaid: by the said George Maxwell discharged and shot off as aforesaid then and there unlawfully forcebly, purposely, and of his deliberate and premeditated malice and with the intent to kill him the said Augustus Alfred VanHauten did strike penetrate and wound the said Augustus Alfred VanHauten in and upon the right side of the breast one inch above and external to the right nipple of him the said Augustus Alfred ^Van^Hauten thereby then and there giving to him the said Augustus Alfred VanHauten in and upon the right side of the said breast one inch above and external to the right nipple, of him the said Augustus Alfred VanHauten one mortal wound of the length of one Third of one inch of the breadth of one Third of one inch and of the depth of six inches of which said mortal wound the said Augustus Alfred VanHauten then and there instantly died; and the Jurors aforesaid on their oaths aforesaid do say, that the said George Maxwell him the said Augustus Alfred VanHauten, in the manner, and by the means aforesaid, unlawfully, forcibly, purposely and of his deliberate and premeditated malice did kill and murder, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the State of ohio,

4th And the Jurors aforesaid, at the term aforesaid on their oaths aforesaid, do further present and find, That George Maxwell, on the Sixth day of October in the year of our Lord One Thousand Eight Hundred and Sixty Four with force and arms in the County of Montgomery aforesaid in and upon the body of one Augustus Alfred ^Van^Hauten then and there being, unlawfully, forcebly, purposely and of his deliberate and premeditated malice did make an assault and that the said George Maxwell a certain pistol (commonly called a revolver) then and there loaded and charged with gunpowder and a certain leaden bullet and other destructive materials which said pistol he the said George Maxwell, then and there in his right hand had and held then and there purposely, willfully, ^unlawfully^ and of his deliberate and premeditated malice did discharge and shoot off to at, upon and against the said Augustus Alfred VanHauten and that the said George Maxwell with the leaden bullet and other destructive materials aforesaid and of the pistol aforesaid, then and there by force of the gunpowder aforesaid by the said George Maxwell discharged and shot off as aforesaid then and there unlawfully purposely and of his deliberate and premeditated namalice did strike penetrate and wound the said Augustus Alfred VanHauten in and upon the right side of the breast a little above and external to the right nipple of him the said Augustus Alfred VanHauten giving to him the said Augustus Alfred VanHauten then and there with the leaden bullet and other destructive materials aforesaid discharged and shot off out of the pistol aforesaid by the said George Maxwell in and upon the right side of the breast a little above and external to the right nipple of him

the said Augustus Alfred VanHauten purposely willfully, unlawfully and of his deliberate and premeditated malice one mortal wound of the length of one Third of one inch of the bredth of one Third of one inch, and of the depth of six inches of which said mortal wound he the Augustus Alfred VanHauten then and there instantly died and so the Jurors aforesaid on thiseir oaths aforesaid do say that George Maxwell him the said Augustus Alfred VanHauten in the manner and by the means aforesaid unlawfully purposely, and willfully and of his deliberate and premeditated malice did kill and murder, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the State of Ohio,

Youngs V Wood Prosecuting Attorney Montgomery County Ohio

State of Ohio Montgomery County SS

I Frederick C Fox Clerk of the Court of Common Pleas, in and for the County of Montgomery and State of Ohio, do hereby certify that the foregoing is truly taken and copied from the original Indictment now on file in my office in the City of Dayton said County

Witness my signature and the seal of said Court at said City in said County this September 14, 1865

Fredk C. Fox Clerk By Cornelius Bottin Deputy Clerk "C Bottin Sept 14 1865

No 600 The State of Ohio Montgomery County, Court of Common Pleas November Term A.D. 1864

The State of Ohio vs George Maxwell

Indictment for Murder in the first Degree

"A true Bill" William S. Westerman Foreman of Grand Jury

Filed November 22, 1864 C L Baumann Deputy Clerk

Youngs V. Wood Prosecuting Attorney for Montgomery County Ohio

A true copy of Indorsement of within Indictment

F. C. Fox Clerk By C L Baumann Deputy Clerk Court Common Pleas Montgomery County Ohio