Sunday, March 20, 2016

PEOPLE v GEORGE & JAMES DENTON: TRANSCRIPT OF THE COURT FILE OF A MURDER CASE WHICH LINCOLN PROSECUTED

Set forth below is a transcript which I made of the important documents in the court file from one of Lincoln's murder cases. Lincoln assisted in the prosecution of the case and helped try it to a hung jury. The case was retried with Lincoln's partner, William Henry Herndon standing in for Lincoln, who had been elected to Congress and had departed for Washington.

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 JAMES & GEORGE DENTON: TRANSCRIPT OF COURT FILE
DATE
DOCUMENT
DOC.#
6/9/46
Criminal Docket Continuances to November Term 1846
Deft Atty: Logan & Harris
Parties: The People vs James Denton & George W. Denton
Charges: Indictment for Murder
Contd – the deft George W Denton not appearing – deft James Denton recognized with Samuel Hill & James West as sureties in $1,000
12682
6/9/46
Of the June Term of the Menard County Circuit Court in the year of our Lord one thousand eight hundred and forty six –
State of Illinois; Menard County
The Grand jurors chosen, selected, and sworn in and for the County of menard in the name and by the authority of the People of the State of Illinois upon their oaths present that on the twenty second day of January in the year of our Lord one thousand eight hundred and forty six, at the County aforesaid, James Denton and George Washington Denton feloniously and with malice aforethought made an assault upon Cassius Brown in the peace of the People then and there being; and the said James Denton and George Washington Denton with an axe which they then and there had and held in their hands did then and there feloniously and with malice aforethought bruise and cut the said Cassius Brown on the head neck and left side of the body of said Cassius Brown thereby then and there giving to and inflicting on said Cassius Brown mortal wounds of which mortal wounds the said Cassius Brown from the said twenty second day of January in the year aforesaid until the twenty fifth day of January in the year aforesaid at the County aforesaid did languish and on the day last aforesaid in the year aforesaid of said mortal wounds the said Brown did die – and so the Grand Jurors aforesaid upon their oaths aforesaid do say that say James Denton and George Washington Denton in manner and form aforesaid feloniously and with malice aforethought the said Cassius Brown did kill and murder – Contrary to the form and the statute in such cases made and provided and against the Peace and dignity of the same People of the State of Illinois.
And the Grand Jurors aforesaid chose, selected, and sworn as aforesaid in the name and by the authority aforesaid, upon their oaths aforesaid do further present that on the twenty second day of January in the year of our Lord one thousand eight hundred and forty six at the County aforesaid James Denton and George Washington Denton feloniously and with malice aforethought made an assault upon Cassius Brown in the peace of the people then and there being, and the said James Denton and George Washington Denton feloniously and with malice aforethought with an axe which the said George Washington Denton then and there had and held in his hand in and upon the head, neck, and left side of the body of said Cassius Brown did then and there inflict mortal wounds, of which said mortal wounds the said Cassius Brown afterward to wit: on the twenty fifth day of January in the year of our Lord one thousand eight hundred and forty six, did die – and so the Grand Jurors aforesaid upon their oaths aforesaid do say that said James Denton and George Washington Denton in manner and form aforesaid feloniously and with malice aforethought the said Cassius Brown did kill and did murder – contrary to the form of the Statute in such case made and provided and against the Peace and dignity of the same people of the State of Florida.
D. Logan, Atty Gen pro tem
The People versus James Denton & George Washington Denton; Indictment for Murder
A True Bill, James Short, Foreman of the Grand Jury
Witnesses: William Sampson; Hanna Sampson; Andrew [illegible]; Robert Bracken; Russel Goodby
12665
6/9/46
Criminal Docket
Lincoln, Lamborn, Robbins/Logan Harris)
The People vs James Denton & G.W. Denton; Indict for Murder
Grand Jury returned a true bill Endorsed Samuel Short, Foreman
Ordered that Capias issue herein returnable instanter
Defts furnished with copy of Indict, witnesses & jurors
Motion to separate Defts on trial – sustained
15285
6/9/46
The People vs James Denton & George W Denton; Indict for Murder
Continued & James Denton Recognized – Samuel Hill; Harry Riggin; E.D. Power; Amount $1000.
15311
6/9/46
Petersburg Tuesday June 9th 1846
The Grand Jury returned into court the following indictment, to wit:
The People of the State of Illinois vs. James Denton & George Washington Denton; Indictment for Murder
Endorsed a true bill, James Short, Foreman.
On motion of the Attorney general pro tem it is ordered that a capias issue herein returnable instanter.
12685
6/9/46
Petersburg Tuesday June 9th 1846
The Grand Jury returned into court the following indictment, to wit:
The People of the State of Illinois vs. James Denton & George Washington Denton; Indictment for Murder
Endorsed a true bill, James Short, Foreman. On motion of the Attorney general pro tem it is ordered that a capias issue herein returnable instanter.
12686
6/11/46
The People vs Jas. Denton & Geo W. Denton; Indict for Murder
This day came the People by their attorney and the said defendants in proper person, who, being furnished with a copy of the indictment and a list of the jury and witnesses, for plea to the indictment say that they are not guilty as charged therein, and for the trial thereof put themselves upon the country & the People do the like. And on motion of the defendant George W. Denton, on affidavit filed it is [ordered] that said defendants have separate trials on said indictment.
The People v George W. Denton impleaded with James Denton; Indictment for murder
This day came the People by their attorney and the defendant George W. Denton and by consent this case is continued. And thereupon said defendant and Samuel Hill, Coleman Smoot, James W. Cotile, James West & Felix J. Green as his securities in open court jointly and severally acknowledged themselves [illegible] and be indebted to the people in the sum of one thousand dollars to be levied of their [illegible] goods and chattels, lands and tenements if defendant is made in this condition, which is; that said defendant George W. Denton shall personally appear on the first day of the next term of the court and answer to the indictment preferred against him herein and abide the order of the Court therein, then this [illegible] to be void, otherwise in force.
The People vs Jas. Denton impleaded with Geo W. Denton; Indictment for Murder
This day came the people by their Atty & the defendant James Denton in proper person, and thereupon came a jury to wit:
Who, being duly tried elected & sworn well & truly to try the issue joined herein as between the people and the said James Denton, After hearing the proofs and allegations of the parties, were unable to agree in a verdict and were by the court discharged and by consent this cause is Continued and thereupon said James Denton with Samuel Hill be
4-1/3
77
66
13,671 1/3
Be it remembered that on the trial of the foregoing cause, George W Denton was introduced and testified as a witness by the consent of the parties, and it was stipulated by the people that his testimony then given should never be used as evidence against him in the trial of this indictment as against him or of any other indictment preferred against him for the same charge.
12677
6/11/46
The People of the State of Illinois vs James Denton & George W. Denton; Indictment for Murder
This day came the People by their attorney, and the said defendants in proper person, who being furnished with a copy of the indictment and a list of the jurors and witnesses for plea to the indictment say that they are not guilty as charged therein, and for the trial thereof put themselves upon the country, and the People do the like, and on motion of the Defendant George W. Denton, on affidavit filed, It is ordered that said defendants have separate trials on said indictment –
***
12684
6/11/46
In the Circuit Court for Menard County
The People of the State of Illinois against George W. Denton & James Denton; Indictment for Murder
The Defendant George W Denton being duly sworn sates on oath that he is informed and verily believes that it is necessary in order to obtain a fair trial of this Indictment, that there should be separate trials granted the Defendants. That he deems it essentially necessary that he should have the benefit of the testimony of his Co defendant James Denton on his trial.
That the unfortunate affray which resulted in the death of Brown the deceased took place when no other person was present except Brown the deceased and these two Defendants. He further states that the said James Denton took no part whatever in the fray except to endeavor to prevent it, that he neither assisted aided abetted advised or encouraged it; that whatever violence was used by the affiant toward said Brown was used in his necessary self defense against the assault then made on him by said Brown with a gun and that he used no more violence than seemed reasonably necessary to defend himself against such an assault as was made by said Brown which was of such a character as to put this affiant in great danger of his life.
That on the trial before the examining Court the Defendant James was discharged on the ground that there was no evidence to criminate him. That he believes he will be able to prove his justification on the ground of self defense fully by said James. And that without the testimony of said James the case need be tried and decided on the evidence of circumstances, on what are alleged to be death bed declarations of the deceased made as the affiant believes when the sanity of the deceased was to say best extremely doubtful and uncertain and on admissions alleged to have been made by defendants which were at the examining court in part at least greatly perverted.
G.W. Denton
Taken & Subscribed before me this 11th day of June 1846 – Nathan Dresser, Clerk
The People vs James Denton & George W. Denton
Filed June 11th 1846, W. Dresser, Clk
Box 16
12724
6/11/46
In the Circuit Court for Menard County
The People of the State of Illinois against George W. Denton & James Denton; Indictment for Murder
Nathan Dresser having been first duly sworn states that he was one of the justices who examined the Defendants in this case when they were arrested on the charge of the Murder alleged in this Indictment that on said examination the defendant James Denton was discharged on the ground that there was no evidence sufficient to criminate him in the estimation of the examining court. That James Denton was then examined as a witness and his testimony elucidated the facts and circumstances proved by other witnesses was confirmed by the facts and circumstances found to exist and from the testimony as it appeared before the examining court he apprehends that the facts of the case cannot be certainly arrived at or fully understood without his testimony.
Nathan Dresser
Sworn & subscribed before me this 11th day of June 1846, J.H. Treat, Judge
The People vs James Denton & Geo. W. Denton
Filed June 11th 1846, N. Dresser Clk
9981
6/12/46
The People of the State of Illinois vs James Denton & George W. Denton; Indictment for Murder
***
The People of the State of Illinois vs James Denton impleaded with George W. Denton
This day came the People by their attorney and the Defendant James Denton in proper person and thereupon came a jury to wit: Anderson Duncan, Pleasant Armstrong, John Wiseman, William Moore, John G. Caldwell, James Black snr, James S. Purviance, Joseph Watkins Richard F. Gaines, Wesley Whipp, William Jones, and Randolph Cox, who being duly tried, elected and sworn well and truly to try the issue joined herein as between the People and the said James Denton, after hearing the proofs and allegations of the parties, were unable to agree on a verdict, and were by the Court discharged – And thereupon said James Denton with Samuel Hill, Coleman Smart, James Short, James W. Estill, Isaac Reed and Michael Rourke as his securities, in open court jointly and severally acknowledge themselves to owe and be indebted to the People in the sum of one thousand dollars, to be levied of their respective goods and chattels, lands and tenements, if default is made in this condition, which is that said Defendant, James Denton, shall personally appear on the first day of the next term of this court and answer to the indictment preferred against him herein and abide the order of the court thereon, then this recognizance to be void, otherwise in force –
Be it remembered that on the trial of the foregoing cause, George W. Denton was introduced and testified as a witness by the consent of the parties, and it was stipulated by the people that his testimony then given should never be used as evidence against him in the trial of this indictment as against him or of any other indictment preferred against him for the same charge.
Petersburg June 12th 1846
The People of the State of Illinois vs George W. Denton impleaded with James Denton
This day came the People by their attorney, and the Defendant, George W. Denton, and by consent this cause is continued – And thereupon said Defendant and with Samuel Hill, Coleman Smart, James Short, James W. Estill, Isaac Reed and Michael Rourke as his securities, in open court jointly and severally acknowledge themselves to owe and be indebted to the People in the sum of one thousand dollars, to be levied of their respective goods and chattels, lands and tenements, if default is made in this condition, which is that said Defendant, James Denton, shall personally appear on the first day of the next term of this court and answer to the indictment preferred against him herein and abide the order of the court thereon, then this recognizance to be void, otherwise in force –
Ordered that Court adjourn sine die.
12684
12/2/46
Criminal Docket Continued
The People vs James Denton & GW Denton; Indict for Murder
Cont’d
George W. Denton did not appear
15291
12/2/46
The People of the State of Illinois vs James Denton & George W. Denton; Indictment for Murder
This day came the People by the Attorney General pro tem and the Defendant James Denton in proper person and the said Defendant George W. Denton failing to appear on motion the cause is continued; and thereupon the said James Denton and Samuel Hill and James Short as his securities, in open court, jointly and severally acknowledged themselves to owe and be indebted to the  People of the State of Illinois in the sum of one thousand dollars, to be levied of their respected goods and chattels, lands and tenements, if default be made in this condition, which is that said Defendant, James Denton shall  personally be and appear before this court on the first day of the next term thereof, and answer to the an indictment preferred against him for murder, and abide the order of the court thereon, then this recognizance to be void, otherwise to be in full force and effect.
12683
3/5/47
Criminal Docket Continuances to May Term 1847
Pltffs Atty: Sanborn, Robinson
Defts Atty: Logan & Harris
The People vs James Denton & George W. Denton
Indictment: Indict for Murder
Defts recognized.
May 3rd James Denton [illegible] as sureties $1,000
12681
5/3/47
Monday May 3rd 1847
The People of the State of Illinois vs. James Denton & George Washington Denton; Indictment for Murder
This day came the People by the States Attorney pro tem and the said Defendant, James Denton in proper person and on motion of said Defendant this cause is continued; and thereupon the said James Denton as principal and Samuel Hill, Harry Riggin, and E.D. Power as sureties, in open court jointly and severally acknowledge themselves to  ow and be indebted to the People of the State of Illinois in the sum of one thousand dollars, to be levied of their respective goods and chattels, lands and tenements if default be made in the following condition which is, that if the said Defendant James Denton shall personally be and appear before this court on the first day of the next term thereof to be begun and holden on the fourth Monday in October next, and answer to an indictment preferred against him for murder, and not depart thence without leave of court, then this recognizance to be null and void, otherwise be and remain in full force and effect.
12690
10/26/47
Criminal Docket continuances to October Term 1847
Pltfs Atty: Lamborn & Lincoln, Robbins
Defts Atty: Logan & Harris
Parties: The People vs James Denton & George W. Denton
Charge: Murder, Indictment found June term, 1846
Oct 26th Defts plead not guilty after having rec’d panel of jury panel being exhausted after selecting [illegible] ordered that sheriff summon 26 talesmen
***
12679
10/26/47
Petersburg Tuesday October 26th 1847
The People of the State of Illinois vs. James Denton & George Washington Denton; Indictment for Murder
This day came the People by the States Attorney and the said Defendants in proper person and by their attorney; and issue having been joined herein at a former term of this Court by consent the said Defendants are tried together; and they having been furnished with a copy of the indictment, and a list of the jurors and witnesses, thereupon a jury was commanded to come to try the issue joined herein, to wit: John Jordan and G.B. Slinker of the panel of jurors, which being exhausted by challenges, it was ordered by the Court that a tales of twenty four jurors be returned instanter, which being returned by the sheriff, William Price and Lyman W Olds were elected therefrom, and the tales being exhausted by challenges, it was further ordered by the court that a second tales of twenty four jurors be returned instanter, which being returned by the Sheriff, Jesse Beerman was elected therefrom, and this tales being also exhausted by challenges it was further ordered by the court, on consent of the parties, that a tales of forty eight jurors be returned by the Sheriff by nine O’clock tomorrow morning: and thereupon the said jurors so elected as aforesaid were sworn well and truly to try the issue joined herein, and they were then and there placed in charge of a sworn officer.
12689
10/27/47
Criminal Docket continuances to October Term 1847
***
Parties: The People vs James Denton & George W. Denton
Charge: Murder, Indictment found June term, 1846
***
Oct 27th Panel [illegible] jury selected and sworn. Additional officer sworn.
***
12679
10/27/47
Petersburg Wednesday October 27th 1847
The People of the State of Illinois vs. James Denton & George Washington Denton; Indictment for Murder
And now on this day came again the said parties, and the Sheriff having returned the tales of forty eight jurors as directed on yesterday, Joseph Coddington, Arnold Thornton, William S. Stone, David Jordon, Joseph M. Walker and Hugh D. Hughs were elected therefrom and said tales having been exhausted by challenges, it was further ordered by the Court, that the Sheriff return a tales of four additional jurors, who being returned and exhausted, it was further ordered by the court that the Sheriff return a tales of four additional jurors which being returned and exhausted it was further ordered by the court that the Sheriff return a tales of four additional jurors, which being returned and exhausted, it was further ordered by the court that the Sheriff return a tales of four additional jurors, and Starling Turner was elected therefrom, and the said last mentioned sworn jurors elected as aforesaid were sworn well and truly to try the issue joined herein and the jurors aforesaid were thereupon placed in charge of two sworn officers –
12688
10/28/47
Criminal Docket continuances to October Term 1847
***
Parties: The People vs James Denton & George W. Denton
Charge: Murder, Indictment found June term, 1846
***
Oct 28th Jury appeared and witnesses called – adjourned til 9 O’Clock tomorrow [illegible] retired [illegible].
***
12679
10/29/47
Criminal Docket continuances to October Term 1847
***
Parties: The People vs James Denton & George W. Denton
Charge: Murder, Indictment found June term, 1846
***
29th Jury appeared – [illegible] – Jury found deft not guilty.
12679
10/29/47
[Jury Instruction]
That although the high temper of Brown, his previous threats or previous attempts to commit violence do not justify a killing – Yet they are evidence for their consideration as circumstances in the absence of any witness present at the killing from which they may presume the manner in which the affray commenced and was carried on and whether there was then a justification of the killing.
People vs Dentons: Instructions to Jury; Filed Oct 29th 1847, Dresser, Clerk
10007
10/29/47
The People of the State of Illinois vs James Denton & George W. Denton; Indictment for Murder
And now on this day came again the parties aforesaid, and the jury having heard the argument of counsel, for verdict say, we the jury find the Defendants James Denton and George W. Denton not guilty. It is therefore ordered by the court that the said Defendants, James Denton and George W. Denton be discharged, and that they go hence without day.
12664
10/29/47
The Jury are also instructed that if one committed the murder and the other defendant stood by aiding and abetting they will find both guilty of murder as the Jury shall find.
People vs Dentons: Instructions to Jury; Filed Oct 29th 1847, Dresser, Clerk
12669
10/29/47
The Court Instructs the Jury
That unless they are satisfied from the evidence beyond a reasonable doubt either that both the Dentons were engaged in killing Brown or aiding abetting advising or assisting in killing him –
Or which one of them did kill him –
They ought to find for both Defendants notwithstanding they may be satisfied that one of them killed him.
2nd That justification for the killing may be proved by circumstantial testimony all well as the killing – And that the character of the parties – & the previous conduct of each party – are proper testimony for their consideration as well on the point of justification as of the killing
People vs Dentons; Instructions to Jury
Filed Oct 29th 1847 Dresser Clk.
12694
10/29/47
[Jury Instruction]
The Jury may find the defendants guilty of manslaughter if they acquit him of murder, although there is no count in the indictment for Manslaughter – May acquit of Murder and convict of Manslaughter provided they are satisfied from the evidence that the defendants are guilty of Manslaughter
The Jury may convict all the defendants, if they find them guilty, of Murder or Manslaughter or may acquit one and find the other guilty of Murder or Manslaughter as they find the facts – if Murder find both or one guilty – if Manslaughter find both or one guilty of Manslaughter
People vs Dentons; Instructions to Jury
Filed Oct 29th 1847 Dresser Clk.
12695

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