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
|
No comments:
Post a Comment