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. EDWARD BARRETT: TRANSCRIPT
OF COURT FILE
|
||
DATE
|
DOCUMENT
|
DOC. #
|
4/14/56
|
MITTIMUS
State of Illinois, Champaign County}
The People of the State of Illinois to any Constable of the said
County and to the Keeper of the Common Jail of said County:
Whereas Edward Barrett has been arrested and this day brought before
James S. Wright one of the Justices of the Peace of the said county charged
on the oath of Martin Herbert, Thomas O’Neil, John Egean, Martin Ryan, and
Dennis Ryan with unlawfully willfully and feloniously make an assault with a
drawn knife upon one Hugh Lynch with intent him the said Hugh Lynch
feloniously, willfully, and of his malice aforethought to kill and murder and
having inquired into the truth and probability of the charge exhibited
against him by the oath of all witnesses attending and upon consideration of
facts and circumstances the said Justice did adjudge that the said offense
had been committed and that there was probable cause to believe the said
Edward Barrett to be guilty thereof, and required him to enter into a
recognizance with good and sufficient sureties in the sum of twenty five
thousand (25000) dollars for his personal appearance at the next term of the
Circuit Court to be held in and for the County of Champaign on the first day
thereof with which requisition he failed to comply. We therefore command you
the jail Constable forthwith to carry the said Edward Barrett to the Common
Jail of the said County and deliver him to the Keeper thereof and you the
said Keeper are hereby required to receive the said Edward Barret into your
custody in the said jail and him then safely keep for the want of sureties
until he shall be discharged by due course of law.
Witness the said James S. Wright at West Urbana in the County of
Champaign this 14th day of April 1856
J.S. Wright J.P. {Seal}
|
48705
|
4/14/56
|
COMPLAINT AFFIDAVIT
State of Illinois, Champaign County} SS
The complaint of and information of Martin Helbert, Thomas O’Neil,
John Egean, Martin Ryan [illegible] of said county made before James J.
Wright Esquire one of the Justices of the Peace in and for said County on the
14th day of April AD 1856 who being duly sworn on his oath says that Edward
Barret did on the 13th day of April AD 1856 make an assault with a drawn
knife upon one Hugh Lynch with intent him the said Hugh Lynch to kill &
murder
Martin Helbert, John Egean, [illegible], Martin Ryan
Sworn to and subscribed before me this 14th day of April AD 1856
J.S. Wright J.P.
|
48709
|
4/15/56
|
VERDICT OF CORONER’S
JURY
We the Jury summoned and sworn by A. M.Kerr, Coroner of Champaign
County Illinois, to investigate the cause or causes by which Hugh Lynch, aged
23 years, a native of Cavon County Ireland, came to his death do find by
testimony introduced that he came to his death on the 14h inst at 10 o’clock
P.M. by reason of a wound in the left side of the abdomen, inflicted by a
knife in the hands of Edward Barrett, on the night of the 13th inst about 9
o’clock P.M. at the house of Martin Helbert, at West Urbana, in said County
and State of Illinois
Witness our hands this 15th day of April A.D. 1856
Harry Christie, Foreman, [eleven other signatures]
|
132452
|
4/15/56
|
MITTIMUS
State of Illinois, Champaign County}
The People of the State of Illinois to any Constable of said County
and to the Keeper of the Common Jail of said County Whereas by an inquest by
me as the Coroner of said County held applicably to law on this day upon the
body of one Hugh Lynch in said County then & there being dead, and the
Jury of said inquest upon their oaths finding the evidence then & there
before them that said Hugh Lynch came to his death on the 14th day of April
1856 in said county by reason of a wound in the left side of the abdomen
inflicted by a knife in the hand of Edward Barrett on the night of the 13th
Apr 1856 the said Edward Barrett having thereby then & there feloniously,
willfully, & of his malice aforethought killed & murdered by the
means & in the manner aforesaid the said Hugh Lynch.
We therefore command you the said Constable forthwith to carry the
said Edward Barrett to the Common Jail of said County and him deliver to the
Keeper thereof and you the said Keeper are hereby required to receive the
said Edward Barrett in your custody in the said jail and him there safely
keep until he shall be discharged by due course of law
Witness the said A M Kerr Coroner of Champaign County Illinois this
15th April, 1856
A M Kerr, Coroner {Seal}
|
48706
|
5/14/56
|
TESTIMONY
Bridget Lynch called & sworn testifies that she was brother of
said Hugh Lynch and that he was a native of the County of Cavon Ireland was
aged about 23 years
Kincaid called testified that the dec’d came to his death from a
wound inflicted in the left lumbar region abdomen with a knife severing the
intestines in one place and wounding them in several places causing
hemorrhage and death
Doct A Miller called corroborates the above testimony of Dr Kincaid
Doct Miller called corroborates the above testimony of Dr Kincaid
Dr Howard called concur also in the above statement
Martin Herbert called and sworn – Testifies that on the evening of
the 13th inst that Edward Barrett was present at or near his house and had in
his hand a knife and threatened him & others that he would stab someone
if they provoked him. Barrett and Dec’d H.L. had some words that Lynch fled
into his house and into another room. Barrett followed and placed his back
against door having in hand a drawn knife. Lynch came out of the bed room
soon after Barret and Lynch came together near the outside door and seized
each other B. had L. by the hair and then stabbed him with the knife in his
possession in the abdomen. Lynch cried out that he was stabbed
Dennis O’Neal called and sworn testifies that he was at the house of
Martin Helbert on the eve of the 13th inst at or near 9 PM that he and
several others were in the loft of the house when they heard a disturbance
outside of the door Dalton & Barrett had some difficulty also Barrett and
Lynch came in conflict and were parted by Martin Helbert then Lynch went into
the house Helbert closed the door and bolted it – Peter McGinnes came to the
door and knocked for admittance & was admitted and Barrett came in with
him. Took his position against the door Lynch came from another room and they
were together when Lynch cried out that he was hurt Martin Ryan then seized
him (Barrett) and from him his knife –
John Egean called and sworn testifies that on Sunday night about 9
PM he was present at Martin Helberts house when he saw Barret & Peter
McGinnes were present having some trouble with McGinnes Lynch started out of
the house when Barrett and he came in contact saw him (Barrett) have in his
hand a knife which he brandished saw the knife after it was taken from him
covered with blood did see him inflict the blow upon dec’d
Barney Lynch a brother of dec’d called and sworn Am a brother of
dec’d was born in County of Cavon Ireland age about 23 years old that dec’d
had had difficulty with Edward Barrett previous to the time that my brother
came to his dec’d
|
48712
|
5/16/56
|
JUSTICE OF THE PEACE
TRANSCRIPT
The People vs Edward Barrett} An Assault & Battery with intent
to Kill
Upon the oaths and information of Martin Helbert, Thomas O’Neil,
John Egan, Martin Ryan, and Dennis Ryan of the County of Champaign and State
of Illinois made before J.S. Wright one of the Justices of the Peace in and
for said County on the 14th day of April A.D. 1856 who being duly sworn on
their oaths say that one Edward Barrett did on the 13th day of April A.D.
1856 make an assault with a drawn knife upon one Hugh Lynch with intent him
the said Hugh Lynch to kill and murder.
Upon which complaint Warrant issued for the said Edward Barrett
delivered to John Teeple Const.
And now the said Barrett is brought into court by the said Teeple
and pleads not guilty, and after hearing the testimony of Martin Helbert,
Thomas O’Neil, John Egan, Martin Ryan, Dennis Ryan, and S. M. Kincaid it is
considered that the said Edward Barrett is guilty as charged in the complaint
and he the said Edward Barrett is required to give bail in the sum of twenty
five thousand dollars to appear at the next term of the circuit court to be
held in and for the said County of Champaign and State of Illinois on the
first day thereof in default of which he the said Edward Barrett was
committed.
John S. Wright, P.P.
State of Illinois, Champaign County}
I J.S. Wright one of the Justices of the Peace in and for said
County do hereby certify that the foregoing is a true copy of the Records
made upon my docket in the foregoing entitled cause
Given under my hand this 16th day of May A.D. 1856
J.S. Wright, J.P.
[Endorsement]
The People vs Edward Barrett} Copy of Record
Justice Fee 2.31
Const. Fee .62
$2.93
Filed May 16, 1856, J.R. Webber, Clerk
|
48711
|
5/??/56
|
INDICTMENT
Of the May Term of the Champaign Circuit Court in the year of our
Lord Eighteen hundred and fifty six –
State of Illinois, Champaign County}SS
The Grand Jurors chosen selected and sworn in and for the County of
Champaign in the name and by the authority of the People of State of Illinois
upon their oaths present that Edward Barrett late of West Urbana in this
County of Champaign on the fifteenth day of April in the year of our Lord
Eighteen hundred and fifty six at West Urbana in the County of Champaign in
and upon one Hugh Lynch feloniously willfully and of his malice aforethought
did make an assault and that the said Edward Barrett with a knife the said
Hugh Lynch in and upon the left side of the belly of the said Hugh Lynch then
and there feloniously willfully and of his malice aforethought did strike cut
stab and thrust giving to the said Hugh Lynch then and there with knife
aforesaid in and upon the left side of the belly of the said Hugh Lynch one
moral wound of the length of one inch and of the depth of three inches of
which said mortal wound the said Hugh Lynch from the said fifteenth day of
April in the year aforesaid at West Urbana aforesaid in the County aforesaid
did languish and languishing did live on which said sixteenth day of April
aforesaid in the year aforesaid at West Urbana aforesaid in the County
aforesaid the said Hugh Lynch of the said mortal wound died. And so the
Jurors aforesaid upon their oaths aforesaid do say that the said Edward
Barrett the said Hugh Lynch in manner and forma foresaid then and there
feloniously willfully 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 People of the State of Illinois.
2d Count
And the Grand Jurors aforesaid upon their oaths aforesaid in the
name and by the authority of the authority aforesaid do further present that
Edward Barrett late of the County of Champaign aforesaid on the fifteenth day
of April in the year of our Lord Eighteen hundred and fifty six at the County
aforesaid in and upon one Hugh Lynch feloniously willfully and of his malice
aforethought did make an assault and that the said Edward Barrett with a
certain knife of the length of six inches and of the breadth of one inch
which he the said Edward Barrett in his right hand then and there hand and
held the said Hugh Lynch in and upon the right side of the belly of the said
Hugh Lynch then and there feloniously willfully and of his malice
aforethought did strike cut stab and thrust giving the said Hugh Lynch then
and there with the knife aforesaid in and upon the right side of the belly of
the said Hugh Lynch one mortal wound of the length of two inches and of the
depth of six inches of which said mortal wound the said Hugh Lynch from the
said fifteenth day of April in the year aforesaid to the sixteenth day of
April in the year aforesaid at the County aforesaid did languish and
languishing did live on which said sixteenth day of April in the year
aforesaid at the County aforesaid the said Hugh Lynch of the said mortal
wound died.
And so the Jurors aforesaid upon their oaths aforesaid do say that
the said Edward Barrett the said Hugh Lynch in manner and form aforesaid then
and there feloniously willfully 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 same People of the State of
Illinois.
Ward H. Lamon, Pros.Atty. Pro Tem
[endorsement]
People vs Edward Barrett} Indictment for Murder
A True Bill
A.M. Whitney, foreman of the Grand Jurors
Witnesses: Thomas O’Neal; Martin Helbert; Dennis Ryan; Martin Ryan;
John Eagan; Barry Lynch
Committed to jail in Danville
|
48713
|
6/12/56
|
JUDGE’S DOCKET ENTRY
The People vs Edward Barrett} Murder
Continued on affidavit of Deft – The witnesses recognized Shf of
Champaign ordered to take prisoner deliver him to Shf Vermilion for safe
keeping until next term of court – to wit 20th October. The Shf of Champaign
will go for prisoner & have him here next term
|
139114
|
6/12/56
|
COURT MINUTES
The People etc. vs Edward
Barrett} Indictment for Murder
And now comes the States Atty and the Deft in proper person and by
his counsel and files an affidavit for a continuance of the cause and the
court being sufficiently advised the same is granted; and thereupon came the
witnesses to wit: [recognizance omitted]. And that the sheriff of Champaign County
is ordered to take the prisoner and deliver him to the sheriff of Vermilion
County for safe keeping until the next term of his court to wit: on the 20th
day of October 1856, & that Sheriff of Champaign County go for prisoner
and have him here at the next term of this Court
|
560612
|
6/18/56
|
AFFIDAVIT FOR
CONTINUANCE
State of Illinois, Champaign County}SS
Edward Barrett, the defendant to a certain indictment for supposed
murder, pending in the Circuit Court of the County aforesaid, being first
duly sworn, states on oath that he can not safely go to trial at the present
term because of the absence of Michael Keough, who is a material witness for
him – Affiant expects to prove by said witness that he was present a few
moments before, and at the time of the fatal encounter, which resulted in the
death of the deceased, that deceased very often challenged and provoked
affiant to fight him; that affiant endeavored to avoid deceased, and refused
to fight; that deceased had, for some time followed after affiant,
threatening and provoking him; that deceased a few moments before, overtook
affiant near Helbert’s and then struck and kicked affiant; which, together
with other facts the affiant expects to prove by said witness, affiant
supposes will make it appear he, in giving the fatal blow or strike, acted on
a well grounded fear of personal violence from deceased, endangering his own
life. That since the finding of the indictment against affiant, he has not
been able to ascertain the whereabouts of said witness until on yesterday,
when he ascertained that said witness is at Peoria, Illinois, and affiant
expects to procure his attendance at the next term of the court; that he can
not prove the same facts so fully by any other witness; and that this
application is not made for delay; but that justice may be done –
Edward Barrett
Sworn to and Subscribed before me this 18th day of June 1856
T.R. Webber, Clk
|
48716
|
10/23/56
|
DOCKET
The People etc. vs Edward Barrett} Murder
Plea Guilty to Manslaughter
Sentenced to penitentiary 5 years – 12 hours solitary confinement
residue at hard labor.
|
139101
|
10/23/56
|
COURT MINUTES
The People etc. vs Edward Barrett}
Indictment for Murder
And now at this day came the People by the States Attorney and the
Defendant in proper person and by his counsel who for plea to the Indictment
says he is not guilty of the crime of Murder as therein charged, but enters
his plea of Guilty of Manslaughter, and therein casts himself upon the mercy
of the Court. And the court having heard evidence in mitigation, and being
sufficiently advised, it is ordered adjudged and decreed by the Court that
the said Defendant Edw’d Barrett be confined in the Penitentiary at Alton for
a period of five years, which said term shall commence at the time of his
arrival at the Penitentiary twelve hours of which to be solitary, the residue
at hard labor –
It is further ordered that the Sheriff of the County of Champaign
convey said Prisoner and deliver him to the Warden of the said Penitentiary
with six days from this date.
|
48719
|
7/11/59
|
LETTER TO GOVERNOR
CONCERNING PARDON
Bloomington Ill., July 11th 1859
His Excellency Wm.H. Bissell –
Dear Sir
Several years ago (I think 3 years) Edward Barrett plead guilty to
manslaughter in the County of Champaign.
I sentenced him to 5 years confinement in the Penitentiary –
I thought Barrett was indicted for Murder yet I do not think from
what I learned of the evidence he could have been convicted of anything but
Manslaughter
He seemed like a good natured man –
He was an Irishman by birth – as was also the man he killed –
Mr. Barnes who is a highly respectable citizen of Champaign &
with whom Barrett lived esteemed him highly & still has a warm interest
for him – The feelings of Wm Barnes are shared by his wife & all his
family –
The public sentiment in Champaign is I think to the effect that he
has already been punished enough & that clemency extended now would in a
measure restore his self respect whereas if he was suffered to serve his
entire time out he would be in a measure hardened & would not therefore
leave the prison with any prospect of becoming a good citizen – You need
not be told that liquor which is the bane of the Irish people was the foundation
of the quarrel that resulted in the homicide –
I do not think from all that I can learn that the pardon of Barrett
would be wrong – He has already served a pretty good term in the Penitentiary
and has probably served as long as he would have done had a jury passed on
his case –
I have the honor to be with great respect
Your Most obt Servt
David Davis
|
89448
|
7/25/59
|
PETITION FOR PARDON
To His Excellency Wm H. Bissel, Governor of the State of Illinois
Your Petitioners, Citizens of Champaign County Ill would now
[respectfully] represent that at the October term in 1856 of the Circuit
Court of said county Edward Barrett was convicted [illegible] of manslaughter
and sentenced [illegible] years imprisonment in [illegible] That said Barrett
was a good and worthy citizen, that we believe he [illegible] fault not from
any malice or evil intent but from a belief that it was necessary in self
defense. Thus we believe the ends of Justice have been accomplished & that
to set him at [illegible] would be an act of mercy and justice
Your petitioners most respectfully ask your Excellency to grant a
pardon to said David Barrett
[56 signatures]
|
89450
|
No comments:
Post a Comment