Transcript of Proceedings, Burglary, 6 July 1839 [Extradition of JS et al. for Treason and Other Crimes]

  • Source Note
  • Historical Introduction

Document Transcript

Circuit Court
April Term 1839—
State of Missouri) SS
County of )
Be it Remembered that at a Circuit Court began and held at the house of Elisha B Creekmore the Temporary Place of holding Courts within and for the County of aforesaid on the second Monday in April in the year of our Lord eighteen hundred and thirty nine Present the Hon. Judge of the Eleventh Judicial Circuit in the State of , Clerk and William Morgan Sheriff—
The Sheriff Returned into Court the following Panel as a Grand Jury to wit— Robert P Peniston [Sr.] foreman, Nicholas Trosper, Benedict Weldon, John Stokes, Elijah Frost, Andrew Mckany [McKay] Christopher Stone, John Edwards, Moses Netherton sen, , Nathaniel Blakely Jonathan Oxford, Richard Grant, Robert P Peniston Jr John Pinkerton, , William Cox, [J]oh[n] D[owd]y John Anderson, <​and​> all good a[n]d lawful Men of the Coun[t]y of who after being duly sworn received a Charge, and retired to consider of their Presentments—
The Grand Jury returned into Court and Presented the following Indictments to wit— [p. [1]]
The State of )
vs) Indictment for Burglary
and others) a true Bill—
State of Missouri)
County [o]f )
In Circuit Court April Term eighteen hundred and thirty nine
to wit
The Grand Jurors, for the State of for the Body of the County of aforesaid, upon their oath present, that , Washington Voorhiess [Voorhees] James Worthington, , William Aldridge [Aldrich], Absolem [Absalom] Sentchfield, Amos Tubbs [Tubs], Perry Durphy [Durfee], James Bingham, Ephraim Owens [Owen], John Lemmon, James Whitaker, Alanson Brown, James Wilson, John Wood, and , late of said county of on the first day of October in the year of our Lord eighteen hundred and Thirty-eight, about the hour of eleven in the night time of the same day with force and Arms at the County of aforesaid, the Store house of one there situate feloniously and Burglariously did Break and enter with intent the goods and Chattels of him the said in the said Store house then and there being, then and there feloniously to steal take and carry away, and then and there with force and Arms, ten yards Broad Cloth Twenty yards Calico, fifty yards [p. [2]]
domestick, ten yards Casinnit and one hundred yards of other Calico of the value of one hundred dollars, the Goods Chattels of the said in the same Storehouse then and there being found, then and there feloniously and Burglariously did steal take and carry away against the form of the statute in such case made and Provided and against the Peace and Dignity of the
J[ames] A Clark
Circuit Attorney
And the Jurors aforesaid <​upon​> do on their oath aforesaid do further Present that , , , William Aldridge, Absolem Sentchfield, Amos Tubbs, Perry Durphy James Bingham, Ephraim Owens, John Lemmon, James Whitaker, Alanson Brown, James Wilson, John Wood, and late of said County of on the said first day of October in the year of our Lord eighteen hundred and thirty eight in the night time of said <​the same​> day with force and Arms at the County of aforesaid feloniously and Burglariously did Break and enter a Certain dwelling house of one Addison Price there situ[ate with intent] the Goods and Chatels of him the said Addison Price, then and ther[e] being to steal [t]ake and c[arr]y away and then and there with force and Arms one Shot Pouch of the value of five dollars one Pair of Bullet Moles [Molds?] of the value of one dollar, one Bar of lead of the value of fifty dollars of the Goods and Chattels of the said Addison Price in the same dwelling house <​then & there​> being found [p. [3]]
then and there feloniously and Burglariously did Steal take and carry away against the form of the Statute in such case made and provide[d] against the Peace and dignity of the .
J A Clark
Circuit Attorney
And the Jurors aforesaid upon their oath afore[sai]d do further Present that the said , , John Wood Ephraim Owens, James Whitaker, Amos Tubbs and Perry Durphy late of said County of on the first day of October in the year of our Lord eighteen hundred and thirty eight in the night time of the same day with force and Arms at the County of aforesaid, a Certain other dwelling house of one Jesse Kelly there situate feloniously and Burglariously did Break and e[nt]er with intent the Goods and Chattels of the said Jesse Kelly in the same dwelling house then and there being, feloniously and Burglariously to steal take & carry away, and then and there with force and Arms, three Guns of the value of fifty dollars one other Gun of the value of twenty dollars, of the Goods and Chattels of the said Jesse Kelly in the same dwelling house then and there being found, did Steal take and Carry away against the form of the Statute in such case made and Provided and against the Peace and Dignity of the
J. A. Clark
Circuit Attorney [p. [4]]
And the Jurors aforesaid upon their oath aforesaid do further Present that the said , , William Aldridge Perry Durphy, James Bingham Alanson Brown John Wood and late of said County of on the first day of october in the year of our Lord eighteen hundred and thirty eight about the hour of ten in the night time of the same day, with force and Arams [Arms] a Certain other dwelling house of one David Miller then and there situate, feloniously and Burglariously did Break and enter with intent the Goods and Chattels of the said David Miller in the said dwelling house [then and] there being, feloniously and Burglariously to steal, take, and carry away, and then and there with force and Arms two saddles of the value of fifty dollars of the Goods and Chattels of the said David Miller in the same dwelling house then and there being found feloniously and Burglariously did Steal take and Carry away against the form of the Statute in such case made and Pro[vided and ag]ainst the Peace and D[ignity of the ]
[J.] A[.] Cla[r]k
Circuit Attorney
On which is the following endorsement to wit—
)
vs) Burglary
and others—
A true Bill
Robert P Peniston foreman of the Grand Jury [p. [5]]
Witnesses
Addison Price, Jesse Kelly, John Brown, David Miller—
State of )
vs) I[ndictmen]t for [Bur]glary
[] and others—
The of this Court having been Counsel on this Cause; and the Parties herein not consenting to a Trial there of in this Court, but the said Defendants and objecting thereto for the reason that the of this Court has been of Counsel in this cause: It is ordered by the Court here that said Cause [as to] the said and be remov[ed] to the Circuit Court of the County of in the Second Judicial Circuit in this : It is further ordered [by] the Court here that the Sheriff of the County of do and he is commanded to remove the Bodies of the said and to the Jail of the County of aforesaid and there deliver them to the keeper of said Jail together with the warrant or Process by which they are imprisoned and held: It is further ordered by the Court here that the said and enter into severally [p. [6]]
in the sum of five hundred dollars, with Bail in like sum
[P.] S. The Sheriff has not yet made a return of [t]he order of removal and of the Es[c]ape of the Prisoners—
State of Missouri) SS
County of )
I Clerk of the Circuit Cou[rt] within and for the County of afo[resaid] do certify that [the] foregoing is a [true, full and?] perf[e]ct Tran[scr]ipt from the Record of the proceedings in the cause therein named had in our Circuit Court at the time and Place Therein specified—
In Testimony whereof I have hereunto set my hand and affixed my private seal there being no official seal yet provided: at office in this 6th. [day of] Jul[y] A D 1839—
[C]lk [p. [7]]
Circuit Court
State of
vs) Ind: for Burglary
Alanson Brown &al
 
1840
Warrant Issd
 
Filed 14th Sept 1840. [p. [8]]

Footnotes

  1. 1

    TEXT: Page damage obscures text throughout the document.  

  2. 2

    TEXT: Although illegible here, the scribe presumably used the spelling “McCray” found elsewhere in the document.  

  3. 3

    TEXT: Remnants of an attached seal appear to the left of the certification.  

  4. new scribe logo

    Docket in unidentified handwriting.  

  5. new scribe logo

    Notations in unidentified handwriting.