Monday, March 21, 2016

PEOPLE v WILLIAM D. DAVIS:TRANSCRIPT OF THE COURT FILE IN A MANSLAUGHTER CASE WHICH LINCOLN LOST

Set forth below is a transcript which I made of the important documents in the court file from one of Lincoln's manslaughter cases. Lincoln lost the case and his client went to prison. Later Lincoln wrote a letter to the governor attempting to get his client pardoned, but his plea fell on deaf ears.

The document numbers in the right hand column represent the document numbers assigned to the documents by the Law Practice of Abraham Lincoln website.


PEOPLE v DAVIS: TRANSCRIPT OF COURT FILE
DATE
DOCUMENT
DOC.#
11/2/49
The People of the State of Illinois – Plaintiff vs. William D. Davis, Defendant; Charge of Murder or Manslaughter
The Defendant being brought before the undersigned Justices of the peace on the above Charge on the date hereof and after hearing the Evidence and pleadings of the Hon. T.A. Marshal in behalf of the plaintiff and the Hon. O.B. Fraklin A.G. Jones & A.P. Dunbar in behalf of the Defendant. Decision is therefore that the Defendant William D. Davis is guilty of Manslaughter and that he be held in bail to appear at the next Circuit Court in the sum of One Thousand Dollars and to pay costs of suit and having given satisfactory bail is discharged.
Officers fees. L.R. Hutchinson Sheriff. Serving and Returning two Subpoenas – 2.12
Nathan Austin. Justice of the Peace. One [illegible] Day on Trial. 3.00
W.S. Wiley------------------Same------------Same-------------------------3.00
J.B. Harris-------------------Same------------Same-------------------------3.00
[ditto] for taking Recognizance of the accused -- .50
[ditto][ditto]   same    same of Witnesses -- .50
[ditto][ditto] [illegible] -- .50
[ditto][ditto] [illegible] -- .50
William Collins J.P. for Issuing two subpoenas -- .50
Given under Our hands and seals this 2nd day of November 1849.
J.B. Harris  J.P. [seal]
N.S. Wiley J.P. [seal]
Nathan Austin J.P. [seal]
38884
5/1/50
April Term AD 1850
The Grand Jury came into open court and made the following Presentments.
The People of the State of Illinois vs William D. Davis; Indictment for Murder
The People &c. vs. Andrew Magee; Indictment for Larceny
***
38885
5/1/50
April Term AD 1850
The People &c. vs William D. Davis; Indictment for Murder
Now at this day came the Plaintiffs by A. Kitchell State’s Attorney and the Defendant being three times solemnly called came not therefore it is ordered by the court that the recognizance of the defendant and his securities be forfeited and that a scire facias issue &c. and it is further ordered by the Court that a capias issue for the body of the said William D. Davis returnable instanter.
38886
9/2/50
State of Illinois, Coles County
The People of the State of Illinois to the Sheriff of said County Greeting
Whereas One William D. Davis was arrested and brought before One James B. Harris One of the Justices of the peace in and for the County of Cobb and State of Illinois on the Second day of November A.D. 1849 upon a charge of Murder or Manslaughter, and the said James B. Harris as such Justice of the Peace having on the said day enquired into the truth of said Charge by the testimony of the Witnesses and being of the opinion that the said William D. Davis had been and was guilty of Manslaughter, and the said William D. Davis being required to find a Bail for his appearance at the Circuit Court of said County on the said Charge of Manslaughter, whereupon the said William D. Davis with William Charleston [sic] and Samuel Chandler has securities before the said James B. Harris Justice of the peace aforesaid he the said James B. Harris as such Justice of the peace then and there having full power and authority to take and approved recognizance in such case, on the said 2nd day of November in the year aforesaid entered into this certain Recognizance which is in words and figures following to wit: Mr. William D. Davis, William Chandler [sic] and Samuel Chandler acknowledged ourselves indebted to the people of the State of Illinois in the sum of one thousand Dollars to be [illegible] and levied of our prestrictive goods and chattels, lands and tenements if default be made in the following condition that is to say that if the said William D. Davis should personally be and appear before the Circuit Court of Coles County on the first day of the next term thereof to be holden in Charleston in the month of May next to answer to any indictment that may be preferred against him by the Grand Jury of said County for Murder or Manslaughter, and not depart said Court without leave thereof then the above recognizance to be null and void Otherwise to be and remain in full force and virtue
Wm. D. Davis, Wm Chandler, Samuel Chandler
We the undersigned Justices of the peace do certify that the above recognizance was taken and entered into before us this 2nd day of November 1849
J.B. Harris JP, Nathan Austin JP, N.J. Wiley JP; Justices of the peace
Which said recognizance was duly find in this office of the Clerk of the Circuit Court of said County of Coles and State aforesaid on the first day of December AD 1849.
And Whereas afterwards to wit at the next ensuing Term of our said Circuit Court to wit at the April Term 1849 and on the third day of said Term the Grand Jury came into Court and presented as a true bill an indictment against said William D. Davis for Murder. Whereupon the said William D. Davis by the Sheriff of our said Court was three times formally called to answer to said Indictment, and the said William D. Davis being so called came not but made default whereupon the following order of said Court was made and entered of record to wit: The People &c. vs. Wiliam D. Davis Recognizance; Now at this day Comes the plaintiffs by A. Kitchell States Attorney and the defendant being three times solemnly called came not therefore it is Ordered by the Court that the recognizance of the defendant and his securities be forfeited and that a Scirefacias issue &c and it is further Ordered by the Court that a Capias issue for the body of the said Wiliam D. Davis returnable instanter.
We therefore command you to summon the said William D. Davis, William Chandler, and Samuel Chandler if they may be found in your County, to be and appear before the Circuit Court of said County of Coles and State of Illinois on the first day of the next term thereof to be holden at the Court house in Charleston to show cause if any they can why the people of the State of Illinois aforesaid should not have an execution issued against them, the said William D. Davis, William Chandler, and Samuel Chandler severally or jointly upon their said recognizance for the sum of one thousand dollars as therein specified for which they are therein jointly and severally bound according to the force, form, and effect of their said recognizance, and to do and abide whatever our said Court shall then and there consider and adjudge against them in this behalf and thereof make return as the law directs and have you then and there this Writ with an endorsement hereon of the manner in which you shall have served the same.
Witness N. Ellington Clerk of said Court at Charleston this 2nd day of September 1850, N. Ellington, Clerk
The People &c vs. William D. Davis, Wm. Chandler, Samuel Chandler; Scire Fa[cias]
Oct Term 1850
Sheriff Fees
Serving 1.00
Mileage 1.90
Returning .11
                 3.11
Returned [illegible]by reading same to William Chandler and Samuel Chandler
L.R. Hutchason, S.C.C. [by] Jn S[illegible] Nesbid, Deputy
38889
10/8/50
The People &c vs William D. Davis, Samuel Chandler, & William Chandler; Sci fa
This day came the States attorney and on his motion it is ordered by the court that the forfeiture of the recognizance taken at the last term of the court be set aside and that the defendants be discharged upon the payment of costs.
38890
1/7/52
Illinois Penitentiary, Alton, January 7 1852
His Excellency A.C. French
Sir
Having been called upon for a statement of the conduct of Davis convicted at the ____ term AD _______ of the Clark Co Circuit Court for crime of Manslaughter & who is now serving out his sentence, Can state that he has conducted himself in strict accordance with the rules of the prison and that his genera behavior and deportment since his confinement has been remarkably good.
Respectfully, S.A. Buckmaster, Warden
54726
7/24/52
Coles Co Ills July 24/52
To the Honorable the Governor of the State of Illinois
Whereas Wm D. Davis of Coles Co on about the First of July 1850 at a called court in Marshall Clark Co was condemned for Manslaughter and sentenced to the Penitentiary for three years
Therefore your petitioners would now recommend him to your clemency believing justice ought to be satisfied with two years imprisonment [illegible] his case for we believe the unfortunate case to have been an aggravated one and committed in the heat of passion and he having lost one of his hands in the U.S. Army on the Rio Grande in 1846 and has a wife and two small children. For the above considerations and many more we could name we humbly ask your excellency to grant him a pardon.
[Appx 70 signatures]
54728
1/10/53
Springfield Jany 10 1853
His Excellency the Governor of the State of Illinois
Sir
In July 1850 a man by the name of William D. Davis was tried and convicted of the crime Manslaughter and sentenced to the Penitentiary for the term of three years, by the circuit court of Clark County, whither his case had been taken by a change of venue from Coles County – I assisted in his defense, and thought his conviction was right, but that the term fixed was too long under the circumstances – I told him that if he should behave himself well for a considerable portion of the time, I would join in asking a pardon for the remainder – He has a young family and has lost one of his arms – He has now served about five sixths of his time; and I understand the Warden, who is now in Springfield, testifies that he has behaved well – Under these circumstances I hope he may be released from further confinement
Your Obt Servt, A. Lincoln
54727

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