PEOPLE v EDWARD B. TINNEY: TRANSCRIPT OF COURT FILE OF MURDER CASE DEFENDED BY LINCOLN

Set forth below is a transcript which I made of the important documents in the court file from one of Lincoln's murder cases.

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

DATE	PEOPLE v EDWARD B. TINNEY: TRANSCRIPT OF COURT FILE DOCUMENT	DOC.#
9/7/44	Of the September term of the Tazewell Circuit Court in the year of our Lord 1844 State of Illinois) Tazewell County) The Grand Jurors above selected, tried and sworn in and for the County of Tazewell in the name and by the authority of the people of the State of Illinois upon their oaths present that Edward B. Tinney on the twenty second day of June in the year eighteen hundred and forty at the circuit aforesaid upon one John Kelsey in the peace of the said people then and there acting feloniously, wilfully, and of his malice aforethought did make an assault and that the said Tinney a certain pistol then and there charged with gunpowder and one leaden bullet which said pistol he the said Tinney in his right hand then and there had and held then and there feloniously and wilfully and of his malice aforethought did discharge and shoot to against and upon the said John Kelsey and that the said Tinney with the leaden bullet aforesaid out of the pistol aforesaid then and there by the force of the gunpowder aforesaid by the said Tinney discharged and shot off as aforesaid then and there feloniously and wilfully and of his malice aforethought did strike penetrate and wound the said Kelsey in and upon the right side of the face of him the said Kelsey giving to him the said Kelsey then and there with the leaden bullet aforesaid in the manner aforesaid upon right side of the face of him the said Kelsey one mortal wound of the depth of four inches and of the width of one inch of which mortal wound he the said John Kelsey instantly died and so the Jurors aforesaid upon their oaths aforesaid so say that the said Edward Tinney him the said Kelsey in the manner and form aforesaid feloniously wilfully and of his malice aforethought did kill and murder contrary to the form of the statute in such cases made and provided and against the peace and dignity of the laws and people of the State of Illinois. And the Jurors aforesaid upon their oaths aforesaid do further present that Edward B Tinney on the twenty second day of June in the year eighteen hundred and forty four at the County aforesaid in and upon one John Kelsey in the peace of the said people then and there acting feloniously and wilfully did make an assault and that the said Tinney a pistol there and then charged with gunpowder and a leaden bullet which pistol he the said Tinney in his right hand had and held then and there feloniously and wilfully did discharge and shoot off to and against the said John Kelsey and that the said Tinney with the leaden ball aforesaid out of the said pistol by force of the gunpowder then and there by said Tinney discharged and shot off then and there feloniously and wilfully did strike penetrate and wound the said John Kelsey in and upon the right side of the face of him the said John Kelsey with the leaden bullet aforesaid one mortal wound of the length of five inches and the width of one half inch and by reason of the wound aforesaid said Kelsey then and there fell from a small boat upon the Illinois River into the said river and by reason of said wound and the falling of the said Kelsey into the said river the said Kelsey instantly died … and so the Jurors aforesaid do say that the said Edward B. Tinney the said John Kelsey at the time and place aforesaid in the manner and form aforesaid feloniously and wilfully did kill contrary to the form of the statute in such cases made and provided and against the peace and dignity of the said people of the State of Illinois Jas. A. McDougall, Att. Gen’l A True Bill R.H. Cullom, Foreman Witnesses Coleman J. Gibson Mrs. Kelsey Eli Ricket A[illegible] Leighton John Harper Sophia Nees James R. Rockhold Martha Rockhold Irwin Rockhold Christiana Gulion Jacob Feeny Sabrina Kennon Caroline Feeny Isaac R. Smith Amanda Mowser Wm. Cunningham James Johnson Betsy F. Warner Jose Phillips [illegible] Kelso Robt Howell Jas Cunningham Doct Richards Found sept 7, 1844 John A. Jones, Clerk	43137
4/1/45	April 1, 1845 People v. Edward B. Tinney) Indictment for Manslaughter This day came the People by their attorney David B. Campbell, and the Defendant by his and the Defendant filing his motion to quash the Indictment herein, and the court having heard argument of counsel thereon, is of the opinion, that said motion be sustained as to the first count and overruled as to the Second count.	43144
4/14/45	April 14, 1845 People v. Edward B. Tinney) Indictment for Manslaughter This day came the People by their attorney and the Defendant IN PROPER PERSON, AND HAVING BEEN FURNISHED WITH A COPY OF THE Indictment and a list of the witnesses and Jurors hearing, and being arraigned for Plea to the Count of the Indictment Saith that he is not guilty as charged in the second count of the Indictment, and for his trial puts himself upon the Country, and the People do the same. Whereupon came a Jury of twelve good and lawful men, to wit: Samuel Robinson, Elijah Brown, Alfred Davis, Ansel Jones, Hezekiah Hall, Davis Osborn, John Bennett, Nathan S. Langfield, of the regular panel and Chester Rankin, Hiram Warrens, Lawrence Kirby, and Calvin Peak summoned from the bystanders, the regular panel being exhausted, who being duly elected, tried and sworn well and truly to try  the issue aforesaid as the law directs, and hearing the proofs and allegations of the parties, and argument of counsel, thereon for Verdict say We the Jury find the Defendant not guilty. It was therefore adjudged by the Court that the People take nothing on the said Indictment and that the Defendant be discharged from custody and go hence without day.	43143