This image and transcription is publicly accessible. The image appears courtesy of the repository named in the Source Description. The transcription and annotation were undertaken by Kentucky Historical Society staff, volunteers, and interns. If referencing this document title, accession number, and permanent URL.
st
Please before The Honorable Granville Pearl Judge of the Perry Circuit Court at the Court house in Hazzard
The Commonwealth of Ky Plaintiff
against } On Indictment Counterfiting
John Gambill Defendant
Be it remembered that on a trial of this cause the following proceedings were had
The Commonwealth Introduced William Gullett who stated that he went to John Gambill's and whilst there; he proposed to sell said Gambrill his horse and Gambrill asked him what he wanted for his horse he Gullett said money was what he wanted for his horse Gambrill said he had not the money: Gullett said he must have fifteen Dollars in cash as he had to go to some court and asked Gambrill if he could get him that much money Gambrill said he did not know. Harman Colly came into the house and Gambrill said that Colly owed him some and asked Colly Gambrill did if he had any -- money. Colly replied he had some money, but did not want to let it go but Gambrill asked him to loan him the money and said
William Gulletts Evidence continued he wanted to borrow money fifteen Dollars for Gullett and Colly sLaid on the counter Two bills and said Colly said there was a Twenty and a Ten Dollar bill and Gullett picked up the money from the Counter and John Gambill said for him Gullett to bring back fifteen dollars in -- change, Gambill never had the money in his hands until after I picked up the money from the counter after I got the money I started for home I came to Hazzard thinks he handed to Z Morgan or Hezekiah Courts the money he got of Gambill He says he was drunk dont know whether the bills on trial are the same or not: being illiterate he thinks one of the bills he had but one did not favor the bills he got of Gambill says ^that^ he bilives that Harman Colly who laid the money on the Counter was living at Gambrills at the time
3
Hezekiah Courts then Introduced States that Gullett came to Hazzard and said he had been to Gambill and sold his horse and showed him a Ten Dollar bill looks like the same bill on trial also showed him a Twenty Dollar bill looks like the same on trial did not Examine the money closely. Says that Colly is a man that is not in a habit of handling much money --
4th
Daniel Campbell (sworn)
says he was in Greenup County with Hardy Campbell Said Hardy Campbell had a Twenty dollar bill looks like the same now on trial He Hardy tried to pass it but it was pronounced a counterfeit the bill on trial looks like the same one not a scholar dont remember president of the bank nor the cashier nor number of the bill but a Louisania bill payable at Orleans said he recollected that it was on a bank in Louesena and payable at New Orleans --
5
Hardy Campbell then introduced states that before John Gambill was arrested passed him a Twenty Dollar bill And he dont know whether the bill on trial is the same or not but -- favors it he went to Greenup County tried to pass ithe bill and could not and was told that it was a counterfeit he brought it back and presented it to Gambill and told him that it was a counterfeit and Gambrill did not refuse to redeem it and paid good money in its stead cannot read or write the bill looks like the same on I had cant tell the -- president of the bank of the twenty nor -- the number nor cashier nor date but it was a Louesiana bill payable at Orleans. that it was a short time after the bill was returned to John Gambrill that Gambrill was arrested for passing said money to Gullett: that the bill on trial looks like the same bill that begot from and returned to Gambrill -- --
th
Zachariah Morgan then Introduced States that the first tim he saw the bill was in the warrant under which he arrested Gambrill he returned Warrant to Hiram Campbell Esqr with money, the Ten and Twenty dollar bill did not pay particklar attention to said money it favors the same bills on trial -- that his recollection is that the money was a bill of $20- on a Louisiana bank and a Ten bill on the Southern bank of Kentucky that the mony on the Indictment and on trial looks like the Same
7th
A C Godsey then Introduced says the Ten Dollar bill is a counterfeit and also the twenty dollar bill to the best of his Knowledge and professes to be a Judge of money. and that any body who was a Judge of money on first sight could tell it was a counterfiet note Gambrill is a merchant and in a habit of handling a good deal of money.
th
Judge Granville Pearl then Introduced says the Ten Dollar bill is a bad counterfeit it being a southern Bank bill on Kentucky He says the twenty he believes to be a = Counterfeit on bank of Louisiana but tolerably well executed and that any man who was a Judge of money ought to know that the ten Dollar bill on Southern bank of Kentucky is a Counterfeit.
9th
Joseph Eversole then introduced
He says the Ten Dollar bill a base counterfeit but never had the Ten in his hands. thinks the twenty a counterfeit He saw he believes the same bills on the trial before the Magistrates when Gambrill was arrested and tried He says he thinks he saw this twenty Dollar bill in the hands of Hardy Campbell He said he saw Campbell with this bill but did not have it in his hands this twenty was on Louisina bank and believes it the same bill or looks like the same dont remember number cashier or president of said bill
10th
Hiram Campbell sworn,
says the warrant was returned before him as a Justice of the peace with a Twenty Ten Dollar bill and a twenty dollar bill and believes them the same bills on trial or favor them dont recollect president cashier or number of said bill
11
Stephen P Hogg then introduced
who said he professed to be a tolerably Judge of money. believes the ten dollar bill a counterfeit and easily detected but the twenty was a tolerably executed bill and not many in Circulation in this County but believe it a counterfeit
12
Henry Duff sworn
states that Colly was not worth much had saw him with money did not believe him a man that could loan money. he said he was in a habit of getting money by -- going down the river Colly lived at Gambrills that Gambrill was a merchant and in a habit of handling good deal of money
13
John Duff sworn
says Colly is a man not worth any thing never saw him with any money. dont believe him a man capable of loaning money. Colly lived at Gambrills lived at Gambrills at the time or about the time that Gullett got the money.
14
William Strong swore
States I am acquainted with Harman Colly and that he was a poor man I seed him with some money. he got by digging coal and going down the river he lived at Gambrills I am acquainted with Gambrill he sold goods the people said Gambrill handled a good deal of money. Colly was not a man who had money to loan He says a poor man
Here the Commonwealth closed her proof.
15
Thereupon in the trial of said cause after the Commonwealth had closed her proof the defendant introduced William Gambrill who swear, as follows stated that William Gullett came to John Gambrills house and Gambrill and Gullett were talking about how trade he was buissy about his work he hear Gullett say to Gambrill that he must have fifteen Dollars as he had to go some court to which Gambrill replied that he had no money. Gullett asked Gambrill if he could not get him fifteen dollars and Gambrill said that he did not know, whether he could or not. there was something said about getting of
This bring all the Evidence offered the court proceeded to give the following instructions asked by the attorney for the Commonwealth The court instructs the Jury if they believe from the evidence to the exclusion of a reasonable doubt that the banks notes described in the indibtment and shown to the Jury are Counterfeit and that the defendant in this county before the finding of the indibtment passed the same as true and genuine note knowing at the time thay they were counterfeit that he is guilty of passing counterfeit bank notes & the penelty is confiement in the penitentiary not less than two more than ten years
2nd That although the jury may believe that Gambrill did not have the note in his hands but called on Harmon Colly to let him horse money. and said Colly put the money on the counter and Gullet took them up yet if they belive from the evidence that Gambrill knew that they were counterfeit that he is as much guilty as though he had taken the money from his own pocket and passed them
3d That if the jury beleive from the evidence that the defendant was the owner of the notes and had placed them in the hand of Colly for the purpose of making testimony for himself in the event of a prosecution for the purpose of avading of the penelties of the law that it is a strong circumstance to show his knowledge on the note being counterfiet and his guilty intention in passing the same.
On the part of the Commonwealth give the additional instruction
That although the jury may believe from the evidence that the note were Colly's yet if the Jury believe from the evidence that Gambrill knew they were counterfiet and procured Colly to let Gullet have them for the purpose of circulating or exchanging for good money that he is guilty.
To which instruction the defendant excepted and still excepts to the opinion of the court in gining said instruction
Whereupon the defendant moved the court to give upon the part of the defendant
Whereupon in the trial of said Cause the defendant moved the Court to give the following instructions towit which the court gave refused to which opinion of the court the deft except and state excepts-
1st The court instructs the jury that unless they believe from the evidence beyond a reasonable that the defendant John Gambrill in this county before the finding of the indictment passed the money in the indictmen mentioned as some portion of it and that the same was counterfeit and that the defendant knew that the same was counterfeit and that he passed the same knowingly wilfully and corruptly that they ought to find the defendant not guilty
2nd The Court instructs the jury that although from the evidence the probabilities may be as a thousand to one that the defendant is guilty still unless the evidence excludes every reasonable doubt they ought to acquit Gambrill
3rd The court instructs the jury that before they can convict Gambrill on circumstantial proof that the circumstances must be so powerful and so well consucted as to exclude all reasonable doubt of his guilt
4" That before they can convict John Gambrill upon circumstantial evidence their minds must be as well satisfied from the circumstances proved as if one credible witnes had sworn positive the defendants guilt
The following instructions were continued on part of defendant
5" The court instructs the jury that unless they believe from the evidence upon the whole case beyond a reasonable doubt that the defendant has been proven to ^have^ been guilty they ought to find him not guilty
6" The Court instructs the Jury that the last evidence the nature of the case will admit ought to be produced and to be had and the best evidence of the existance of a bank is the charter
Coley T. Lyttle
After instructions of the Court and argumet of the counsels the jury retired and afterwards returned the following verdict
We of the jury find the defendant John Gambrill guilty as charged in the within indictment and assess his punishment by confinement in the penitentiary for and during the term and period of two years
John S Melton foreman
After said verdict was reported by the Jury the defendants counsel moved the court for an arrest of judgment and new trial which ground were filed and are as follows
Perry Circuit Court
The Commonwealth
vs } grounds for new trial
John Gambrill
The defendant John Gambrill filed the following grounds for a new trial (viz)
1st Because the court misinstructed the jury
2nd The verdict was against law and evidence
3rd The defendant has discovered importante testimony in his favor since the verdict
4th The defendant did not have fair and impartial trial because one of the jury who rendered the verdict against him in this cause was a member of the grand jury who found the indictment against him and had therefore both heard the evidence and formed and expressed his opinion before he was taken on the jury all of which was unknown to the defendant
5th One of the Jury Viz Washington Hurt where he was Examined upon his oath touching his gratification as a Juror Answered that he had not heard the Evidence nor had he formed and expressed an opinion as to the guilt or innocence of the deft when in truth and in fact he had been upon the Grand Jury and was one of the members thereof who had found the indictment against the defendant
22
Here continues the ground for New Trial upon which the defendant now stand convicted defendant therefore prays your honor to grant him a new trial that he may have one fair and impartial
John Gambrill
23
Thereupon in the proceedings of said cause the following affidavits in support of the ground for a new trial will appear-
State of Kentucky
Perry Circuit Court
Commonwealth of Kentucky Plaintiff
against } affidavit
John Gambrill Defendant
This affiant John Gambrill says he has not had a fair and impartial trial in the cause was tried He says at the time his trial came on for hearing One Washington Hurt was Examined as to his qualifications as a Juror and upon his Examination where he was asked the question if he formed and expressed an opinion as to the guilt or innocence of the deft Gambill when he responded that he had not formed and expressed such an opinion when in truth and in fact said Hurt was upon the grand jury at the time the said Indictment was prefered and reported against this affiant said Indictment and list of Grand Jurors of said Court
2d
34
Here Continues the Affidavit of Deft Gambrill He says further since his trial come up and conviction he has discovered verry important testimony in his favor. He says he can prove by John Lyttle Jr that he John Lyttle Jr let Harman Colly have the Ten Dollar Southern bank bill now which he is charged of having passed and says he has not discovered this testimony until since his trial and conviction and which ordering procedure could not have guarded against
He says at the time his trial came on he would ^who had^ have been summoned as a witness in his behalf at a former Term of the Court that said Colly had been attached or he says he ordered an attachment at the
Jno Cambrill
Sworn to before me by John Gambrill
Jesse Combs clk
Here upon the Grounds for new trial and affidavit of defendant the following affidavits are hereunto annexed
State of Kentucky
Perry Circuit Court
Commonwealth Plff
against } affiant
John Gambrill Deft
This affiant says that Harman Colly and others were playing cards and Colly put up a ten dollar bill, which the card players said was a ten dollar southern bank bill it was torn at the end Colly put up the bill and some of card players said was a Ten Dollar Southern bank bill it was torn at the end Colly put up the bill and some of the card players condemened said bill this was before Gambrill was arrested since the trial of this cause I told William Strong what I knew about said bill
Thomas Allen
Sworn to before by Thomas Allen
Jessee Courts clk
Perry Circuit Court
Comlth
v } affidavit
John Gambrill
Joseph Eversole states that a Ten Dollar bill which verry much resembled the one which Gambrill was indicted for passing to Gullett was presented to him at his store by he thinks Mrs Neice and at some time not far from this Colly was living with Mrs Neices daughter or at this time Neices he told Mrs Neice he did not think the bill was good When he was examined as a witness in this cause he did not remember the circumstance of the bill having been presented to him by Mrs Neice
Sworn to before me by Joseph Eversole this
Elijah Cornett JP
Perry Circuit Court
Commonwealth
vs } Affidavit of P W Hall
John Gambrill
Phillips W Hall states that he was foreman of the grand Jury at the
Philliph W Hall
Perry County } Towit
Sworn to before me by Philliph W Hall this
Jessee Combs C P C C
State of Kentucky
Perry Circuit Court
Commonwealth of Kentucky Plaintiff
Against } Affidavit
John Gambrill Defendant
This affiant William Gambrill says that John Lyttle Jr told him that before Gambrill was arrested he let Harman Colly have a Ten Dollar bill which said Colly was to pass off and pay him Lyttle half of its amount back
I never informed John Gambrill of this fact nor none of his friends until since his convictions in this cause
William Gambrill
Sworn to before by W m Gambrill
Jessee Combs C P C C
Comwlth of Ky
vs } Affidavit
John Gambrill
Alfred Spencer states that he has heard the Affidavit of Joseph Eversole And that Harman Colly and that Harman Colly was living with Mrs Neice daughter at or about the time spoken of by Mr Evesole and that is still living with her.
Sworn to before me by Alfred Spencer this th day of May 1860
Elijah Comett J P
Perry Circuit Court
James B Fitzpatrick states that he was in Court at the present Term when Washington Hurt was examined touching his qualifications as a Juror & the said Hurt qualified himself fully as a Juror to serve in said cause
James Fitzpatrick
Perry County (towit)
Sworn to before me by James B Fitzpatrick this th day of May 1860
Jessee Combs C P C C
J. H. Combs sworn
That he heard the conversation of David Y. Lytle spoken of by William Walker and David Y. Lytle did not say that he knew that he knew Washington Hurt had been upon the grand jury that returned the true bill against John Gambrill before the conviction, and that affiant had himself first informed David Y. Lytle that Washington Hurt had been upon the grand jury which was the next day after the verdict was rendered and that he was one of the counsel of Gambril & the subject of Hurt being on the grand jury had never been spoken of till after the conviction
Josiah H Combs
Commonwealth
vs } Affidavit of D Y Lytle
John Gambrill
David Y Lytle states states that he did not know till after the jury had rendered the verdict against against John Gambrill that Washington Hurt had been upon the grand jury and that he was one of the members that reported the bill of Indictment but that he has looked at the list of grand jurors upon the records since the verdict and he Hurt was one of the members who reported - the bill of Indictment the record is made part of this Affidavit And if any of the counsel of Gambrill Knew that he had been on the grand jury he knows not of it
D Y Lyttle
Sworn to before me by D Y Lyttle this
Elijah Cornett J P
J D Cooley sand J H Combs swear they neither of them knew any thing of Washington Hurt being on the grand Jury at the time the Indictment was made and reported against John Gambrill and never knew anything of it until after John Gambrill was convicted and we were in connection with D Y Lyttle his Counsel
J D Colly & J W Combs
Sworn to before me by J D Cooly and J H Combs
Elijah Cornett J P.
32
Upon the motion for the new trial the Commonwealth offers the following counter affidavits
Washington Hurt sworn, says at the time he was chosen as a juror in said cause he had neither form or expressed an opinion he says he thinks now that he was on the Grand jury that reported said indictment but did not think or recollect of it when examined and that he now has no recollection that the case of Gambrill was before the Grand Jury that he was on at this time he has no opinion from anything that may have been proven before the Grand jury, that he was not asked on his examination as a juror the question as to whether he was on the grand = Jury
33
Jesse Combs Clerk sworn
says the records showing the indictment and list of Grand jurors were in the clerks office before the Petit Jury was selected in said cause and in the court house at the time the jury was selected
34
William Walker then sworn
says he heard D. Y. Lyttle say that he knew before the trial that Washington Hurt had been on the grand jury and to quash it and keep still about Hurt being on the grand jury says that he heard David Y. Lyttle one of the atorney for Gambrill say that he know during the progress of the trial that Washington Hurt one of the jury who tried Gambrill was on the grand jury that found the indictment and he stoped the talk about it, that the talk he heard David Y. Lytle have was after the trial
35
R. H. Godsey sworn
says William Gearhart told him that his father and Washington Hurt was on the grand jury and at the time said Wash Hurt was summoned to attend to try said Gambrill his father said and Hollowed to said Hurt and told him that he Hurt was on the grand jury and not go. He informed Josiah H. Combs first that Hurt had been upon the grand jury he heard the conversation spoken of by Wm Walker and that David Y Lytle did not say that he knew before the verdict that Washington Hurt had been on the grand jury
This being all the Evidence and proceedings had upon the motion for a new trial It was considered by the court that said motion for New trial be overruled to which the Defendant excepted to said ruling of the court and still excepts
Then in said cause the defendant then Tendered this the bill of exceptions which they ask to be signed sealed allowed and delivered which is done
Granville Pearl Esq.
36
Which Indictment is Indorsed on the back as follows towit
A true Bill P W Hall foreman and filed
3637
Here follows the Indictment in said cause which is in the following words and figures to wit
Perry Circuit Court
The Commonwealth of Kentucky
against } Indictment
John Gambrill
The grand Jurors for the Commonwealth of Kentucky empanelled and Swarn in and for Perry County in the Name and by the authority of the Commonwealth of are said upon their oaths Represent that John Gambrill is guilty of utting and passing unlawfully Counterfeit Bank Bills in notes Committed as follows to wit the said John Gambrill on the
John Dishman
Commonwealth Attorney
Witnesses
William Gullitt
Daniel Campbell
Adam Campbell
Harmman Cally
Daniel Atuman
Hardy Campbell
38
And afterwards to wit at the Same Court Continued and held for the County and Circuit aforesaid on the
This day Came the attorney for the Commonwealth and the Defendant being brought to the Bar in Custody of the Jailor and the Jury
And afterwards towit at the Same Court Continued and held for the County and Circuit aforesaid on the
The defendant this day brought into court and having 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 adjuged that the defendant be taken by the Sherriff of Perry County to the penetentiary and there confined at hard labor for the perid of Two years.
And afterwards towit at a Court continued and held for the County and Circuit afaresaid on the
This day Came ^attorney for^ the Commonwealth and the prisoner appeared at the Bar in discharge of his Recognizance and the arrainment being Dispensed with plead not guilty and for his trial put him Henderson William Mellor Washing Hurt and William Baker who being Elected tried and Sworn trial Argument and trial on this day it is ordered that the Jury be adjourned
40
And afterwards towit at at a Court
The Recognizance of the Defendant Respited and Continued
And afterwards towit at a Court Continued and held for the County and Circuit aforesaid on the st day of May 1859
And afterwards to wit at a Court continued and held for the County and Circuit aforesaid on the May 1859And of
41
and afterwards towit at a Court continued and held for the County and Circuit aforesaid on the
And afterwards to wit at a Court continued and held for the County and Circuit aforesaid on the May
nd day
Commonwelath Plff
against } Indictment for Felony for counterfeit money
John Gambrill Deft
This day came the defendant attorney for the commonwealth and the defendant appearing in proper person and in discharge of his recognizance is admitted to bail in the sum of five hundred dollars Josiah H. Combs of Perry County Kentucky appeared personally in court and acknowledged them selves jointly indebted to the commonwealth of Kentucky in the sum of five hundred dollars to be void however if John Gambril shall appear in the Perry Circuit Court on the first day of its next october term to answer the indictment for felony found in said court against him and shall not deport without leave of the court and the cause is continued
43
And afterwards towit at a Court Conitnued and held for the County and Circuit aforesaid for Monday the
44
There upon and after said verdict was reported the defendant moved the Court for a new trial and arrest of Judgement which is herewith filed and said motion overruled which defts excepted to said Opinion or ruling of the Court= upon said motion
Then finally said bill of exceptions were tendered this bill of Exceptions which ask to be signed sealed allowed and delivered which is done
Granville Pearl
State of Kentucky
Perry County }
I Jessee Combs clerk of the County of Perry and Circuit aforesaid do Certify that in this bill of - Exceptions is contained the orders of court and a perfect and true statement of all facts st day of May 1860
C C
Jesse Combs C. P. C. C.
Comth
vs
Gambrill
An appeal is refused
A Duvall
Pet Respited
B. M.
Issue pardon
th 1861
B. Magoffin