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
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TRUETT
COURT MINUTES
DOCUMENT
DESCRIPTION
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DOC.#
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3/14/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
On an
Indictment for Murder.
Endorsed a true
bill Wiley A. Ruskin, Foreman. Whereupon on motion of the states attorney it
is ordered that a capias issue against the said Truett returnable instanter.
And the grand jurors reporting that they had nothing further before them were
by order of the court discharged.
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88572
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3/17/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
On an
Indictment for Murder.
The sheriff
this day delivered the capias issued herein at a former day of this term
executed. Whereupon on motion of the state’s attorney it is ordered that the
sheriff commit said Truett to Jail for safe keeping and on the further motion
of the state’s attorney it is ordered that the witnesses whose names are
indorsed on the Indictment be brought into court, and thereupon personally
appeared James T. Reed, John T. Roberts, James Spottswood, Henry Spottswood
and personally acknowledged themselves to owe and be indebted in the personal
sum of one thousand dollars each to be levied of their respective goods and
chattels lands and tenements and to the use of the same people of the state
of Illinois rendered Yet upon this condition that if they shall be and appear
before the Circuit Court of Sangamon County and the fixed day of [illegible]
made shall [illegible] this aforesaid [illegible] of the court to be holden
at the courthouse in Springfield on the final Monday in the Month of July
next and shall not depart hence without leave of the court then this
recognizance to be void otherwise to remain in full force and effect.
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133041
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7/5/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Ind. for
Murder.
This day came
as well the states attorney as the defendant in proper person and by his
attornies, whereupon on motion of the States Attorney /the said prisoner
having been furnished with a copy of the indictment herein and a list of the
jurors and witnesses/ It is ordered by the court that said prisoner be
arraigned xxx xxxx xxxx which was done accordingly and upon his arraignment
says he is not guilty in manner and form as charged in the indictment and for
his trial puts himself upon the coutry and the states attorney for the people
does the same xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx And
thereupon the prisoner swore to and filed his affidavit and by his attornies moves
the court for a continuance of the cause until the next Term of court and the
court takes time to consider until tomorrow morning.
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90276
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7/6/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict. for
Murder.
This
day came as well the states attorney as the defendant by his attorney and the
court being sufficiently / advised / of and concerning the premises upon the
defendant’s affidavit filed for a continuance on motion of the defendant by
his attorney a rule is granted him against the states attorney to show cause
by the calling of the court tomorrow morning why a continuance should not be
granted the defendant herein
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90283
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7/7/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict. for
Murder.
This day came
as well the states attorney as the defendant in proper person and by his
attornies, and thereupon the states attorney in conformity with a rule of
this court requiring him to file his grounds and show cause why the prayer of
the defendants affidavit for a continuance should not be granted, filed his
grounds and moves the court to set aside said rule and after hearing the
parties and mature deliberation had thereon it is ordered by the court that
the rule be set aside and that the defendant be required to file an amended
affidavit setting out the materiality of the witness therein named which is
done accordingly and the arguments being now heard upon the said affidavit
the court takes time to consider until 10 Oclock on Monday [illegible] at
which time the court will be adjouned to.
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123272
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7/9/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict. for
Murder.
This day came
as well the states attorney as the defendant in proper person and by his
attornies, and the court being more sufficiently advised of and concerning
the motion upon the affidavit filed herein for a continuance of this cause is
of opinion that the affidavit matters and things therein contained are good
and sufficient. It is thereupon ordered by the court that this cause be
continued from day to day until further order by the court
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90289
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7/11/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict. for
Murder.
Ordered by the
court that this cause be continued until the next term of this court.
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90302
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7/11/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indictment for
Murder.
This day
personally appeared in open court John S. Roberts, James F. Reed, and John D[illegible]
who personally acknowledged themselves to owe and stand indebted to the
People of the state of Illinois in the penal sum of one thousand dollars to
be levied on the respective goods and chattels lands and tenements to be
applied as the law directs.
Yet upon this
condition John S. Roberts James F. Reed and John D[illegible] shall be and
personally appear before the circuit court in and for Sangamon County to be
holden at the court house in the town of Springfield on the second Monday of
the month of October next and shall not depart without leave of court, then
this recognizance to be null and void otherwise to remain in full force and
virtue
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90393
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7/12/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for Murder.
This day
personally appeared in open court Elias H. Merryman and W.S. Wallace who
severally acknowleldged themselves to owe and stand indebted to the People of
the state of Illinois in the penal sum of one thousand dollars to be levied
of their respective goods and chattels land and tenements to be applied to
the law directs.
Yet upon this
condition that if the said Merryman
and Wallace shall personally be and appear before the circuit court in and
for Sangamon County to be holden at the court house in the town of
Springfield on the second Monday of the month of October next and shall not
depart without leave of court, then this recognizance to be null and void
otherwise to remain in full force and virtue
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90313
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10/9/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for
Murder.
At the calling
of this cause the sheriff was commanded to bring the prisoner into court
which was done accordingly. Whereupon on motion of the states attorney it is
ordered by the court that the clerk amend the order of the last term of this
court so as to show that the list of the jury and a copy of the indictment
was furnished the prisoner previous to his arraignment which amendment was
done accordingly. And the following list of jurors having been furnished the
prisoner as the regular jurors summoned for the first week of this term to
wit: Thomas Lacey, William Bennett, James Bristle, James Rob, William Carr
Jr., William D. Herndon, Ezekial Shinkle, Peter Maggerton, John S. Roberts, Richard
D[illegible] Jr., Daniel Ragsdale, Jack Hackman, John E.Anderson, William
Bradley, William R. Center, Mires Pilcher, William Hoard, A.R. Robinson,
Samuel Freell[illegible], Alexander Trent, [illegible] Moore, Geo W Tinsley
Out of which
was selected George W. Tinsley, Nicholas Moore, and Alexander Frist who was
su[illegible] as the law directs. And the panel being exhausted the sheriff
was commanded to summon twenty talesmen to complete the panel and thereupon
the Sheriff returned into court the following list as talesmen to wit:
B[illegible] S.
Clements, Reuben Merryman, [illegible] Vaughn, Peter P. Morgan, Abram Pease,
Robert Millburn Jr., William Engle, C.M.Dooly, John M. James, Samuel Little,
Samuel Ralston, G.F. Archer, Alex Irwin, John Hammer, William Lennard,
William P. Larson, John North, James St[[illegible], Elisha Tabor, Jeper
Combs.
And the parties
failing to select a juror out of the above panel the sheriff was a second
time commanded to summon twenty more talesmen to complete the panel which was
done accordingly. Whereupon the Sherif returned the following list to wit:
Edward Black,
Daniel Stringer, Larry L. Hill, James Sampson, Colin Pierce, A.D. McNair,
Richard M. Thompson, F[illegible] Ballard, John Buckhard, Abram Dennard,
Bayley Lake, Daniel Hart, George Robinson, John Striplin, William Mills,
Joseph Terry, John Smith, Philip Black, Jno. L. Dennard, William McNair
Out of which
was selected William McNair and Phillip Clark as Jurors in this cause.
Whereupon sworn to well and truly try the issues joined.
And the panel a
third time being exhausted the sheriff was commanded to summon twenty more
talesmen to complete the jury aforesaid. And thereupon the sheriff returned
into court the following list to wit:
Charles
Broadwell, Samuel Grahma, William G. Duncan, Brazilla Clark, John Truman,
[illegible], John M. Richter, George Grubb, John Colley, Matthew P. Kenny,
Richard C[illegible], Hiram Wood, H.J> Armstrong, James McDougle, Eli Hay,
Benson Hinkle, G[illegible] Maxwell, Willam Wittman, Samuel Rogers.
And the parties
failing to select a juror out of the above panel the sheriff was a further
time commanded to summon twenty more talesmen to complete the jury which was
done accordingly. Whereupon the sheriff returned the following list to wit:
Sullivan
[illegible], F.L> Stuart, Armsted Hesson, Michael Elson, A.H. Tolcut, J.
K. Watts, Richard Latham, Thomas Binson, W. H. Vickers, Henry Vanhough, James
H. Crain, Stephen Campbell,, Thomas Ayers, John McFall, Joseph Irwin, Samuel
Hickox, Elijah Bowen, Elihu Hinkle, James P. Langford, M[illegible] M. Rogers
Out of which
was selected Elijah Bowen as a juror in this cause who being sworn to well
and truly try the issues joined.
And the panel a
fifth time being exhausted the sheriff was commanded to summon twenty more
talesmen to complete the jury aforesaid.
And thereupon
the sheriff returned the into court the following list to wit:
Thomas
Constant, [illegible] Vanmeter, C.L. Burge, P.A. Saunders, Samuel Boyd, Geo
R. Rice, Philip Black Jr., Samuel Renshaw, Thomas Common, J.R. Diller, George
Welsly, William D[illegible], A.D VAnmeter, Thomas L. McKinney, Charles
Brooks, James Bruce, Daniel Hedwick, Charles Broadwell, Thomas Laswell, John
Britt
And the parties
failing to select a juror out of the above panel, the sheriff was a sixth
time commanded to summon twenty more talesmen to complete the jury and
returned said list into court by nine oclock tomorrow. And the six jurymen
chosen selected and sworn in this cause was placed in charge of an officer
with instructions to keep them separate and apart from all other persons
until 9 oclock tomorrow morning at which time he was instructed to bring them
into court. And thereupon the said prisoner was remanded to jail.
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90362
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10/10/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for
Murder.
At this day the
sheriff was again commanded to bring the prisoner into court which was done
accordingly and thereupon agreeable to an order of yesterday the sheriff
returned into court the following list of talesmen to wit:
James Lanston,
David Black, C.F. Kertty, Maxwell Campbell, Robert Harris, Drury Bondurant,
John Payne, Daniel Hedrick, Joseph Smith, John Gardner, Walter Tumi, Jacob
Roberts, Jack Matthews, Max Butler, A.E. Constant, John Day, William Role,
B.F. Dickenson, James Mills, & Levi Cantrill
Out of which
was chosen James I. Mills and Levi Cantrill who being sworn to well and truly
try the issues joined. And the panel being a sixth time exhausted the sheriff
was commanded a seventh time to summon twenty more talesmen and return them
into court immediately
Whereupon the
sheriff returned the following list, to wit:
Harrison
Matson, Thomas Ashton, George L[illegible], John St. John, John A Reich,
Thomas G Cole, I H Robinson, Matthew [illegible], Presly Peak, Meckloff
Taylor, John Darning, Fred Myers, John South, Thomas Lollard, Mack Faye,
Thomas Robinson, George Fagan
Out of which
was selected Mack Faye, Thomas Robinson, & George Fagan. Who [illegible]
swore to well and truly try the issues joined.
And the panel
being a seventh time exhausted the sheriff was commanded to summon four
talesmen from the bystanders which was done accordingly and the following
list was returned to wit:
I.M.
Stringfield, John Gibson, John Hatch, James Keys
Which panel was
exhausted without being able to obtain a juror. The sheriff was a second time
commanded to summon four more from the bystanders which was done accordingly
and thereupon the sheriff returned the following list to wit:
Jonathan
Hedrick, Afred, Lams, Wm. Crane, Samuel [illegible]
Which panel was
exhausted without being able to obtain a juror the sheriff was a third time
commanded to summon four more from the bystanders which was done accordingly
and thereupon the sheriff returned the following list to wit:
Thomas Ashton,
A.F. [illegible], John Cromley, VMallory
Which panel was
exhausted without being able to obtain a juror the sheriff was a fourth time
commanded to summon four more from the bystanders which was done accordingly
and thereupon the sheriff returned the following list to wit:
James Darby,
Benjamin Constant, Jack Constant, & John Neale
Which panel was
exhausted without being able to obtain a juror the sheriff was a fifth time
commanded to summon four more from the bystanders which was done accordingly
and thereupon the sheriff returned the following list to wit:
Josiah Green,
Harry Bird, Abram Bird, and Nelson P Taylor
Which panel was
exhausted without being able to obtain a juror the sheriff was a sixth time
commanded to summon four more from the bystanders which was done accordingly
and thereupon the sheriff returned the following list to wit:
Harry H.
Patterson, Thomas E Jackson, Bosmer & Thomas Carroll
Which panel was
exhausted without being able to obtain a juror the sheriff was a seventh time
commanded to summon four more talesmen to attend at 8 oclock tomorrow
morning. And the eleven jurors sworn were placed in charge of an officer and
restricted as on yesterday and thereupon the prisoner was remanded to jail.
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90375
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10/11/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for
Murder.
At this day the
Sheriff was again commanded to bring the prisoner into court which was done
accordingly and thereupon the sheriff returned the following list of talesmen
agreeable to an order of yesterday to wit:
James Bagly;
James Black, William Peak, & Robert Bagly
Which panel
being exhausted without being able to obtain a juror the sheriff was an
eighth time commanded to summon four more from the bystanders which was done
accordingly and thereupon the sheriff returned the following list to wit:
Milton Stephenson,
Miles Stephenson, Bryan M [illegible], Matthew [illegible]
Which panel
being exhausted without being able to obtain a juror the sheriff was a ninth
time commanded to summon four more from the bystanders which was done
accordingly and thereupon the sheriff returned the following list to wit:
Michael Davis,
James Previance, Tarlton Loyd, Isaac Cogdell
Which panel
being again exhausted without being able to obtain a juror the sheriff was a
ninth [actually 10th] time commanded to summon four more from the bystanders
which was done accordingly and thereupon the sheriff returned the following
list to wit:
Jonah Combs,
James Owens, Dallas Scott, E.L. Bunge
Which panel was
exhausted without being able to obtain a juror the sheriff was a tenth
[actually 11th] time commanded to summon four more from the bystanders which
was done accordingly and thereupon the sheriff returned the following list to
wit:
John German, Wm
T. Pride, Alvin Lyman, Wm Pelham
Which panel was
exhausted without being able to obtain a juror the sheriff was an eleventh
[actually 12th] time commanded to summon four more from the bystanders which
was done accordingly and thereupon the sheriff returned the following list to
wit:
C.B. Denim,
Archibald Maxwell, William Stake, B[illegible] Oliver
Which panel was
exhausted without being able to obtain a juror the sheriff was a twelfth
[actually 13th] time commanded to summon four more from the bystanders which
was done accordingly and thereupon the sheriff returned the following list to
wit:
J.L. Drinnon,
James Lockett, I Morgan, Samuel H. Stephens
Out of which
was chosen Samuel H. Stephens who being sworn to well and truly try the
issues joined, and thereupon the names of the jurors selected and sworn as
aforesaid to wit:
George W.
Tinsley, Phillip Clark, Wm McGraw, Nicholas Moore, George Fagan, Levi
Cantrill, James I. Mills, Alexander Trent, Thomas Robinson, Elijah Bowen,
Mack Faye, Samuel H. Stephens
Was called and
answered to their names and thereupon the parties proceeded with the evidence
in this case and after doing the same the jury was placed in charge of an
officer who was instructed as in yesterday and also to return them into court
by 8 oclock tomorrow morning and thereupon the prisoner was remanded to jail.
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90402
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10/11/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for
Murder.
The sheriff
this day returned the jury empaneled and sworn in this cause into court
agreeably to an order of yesterday. And thereupon the sheriff was commanded
to bring the prisoner into court which was done accordingly.
And on motion
of Stephen A Douglass who was appointed a prosecuting attorney pro tem for
the cause D.M. Woodson produced his commission as prosecuting attorney for
the first judicial circuit in and for the State of Illinois and having taken
the oath as required by law xxxxxx entered upon the discharge of his duties
as such and thereupon Stephen A Douglass was discharged as prosecuting
attorney pro tem as aforesaid.
And not being
able to close the argument in this cause by agreement of the parties the jury
was placed in charge of an officer and the officer being instructed as on
yesterday and to return them into court by tomorrow 8 oclock.
Ordered that
court adjourn till 8 oclock tomorrow.
Jesse R. Thomas
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90403
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10/13/38
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People of the
State of Illinois, Plaintiff, against Henry B. Truett, Defendant.
Indict for
Murder.
This day the
prisoner was again brought into court and thereupon the jury empanelled and
sworn in this cause was returned into court agreeably to an order of
yesterday and after closing arguments the jury retired to consider of their
verdict and after mature deliberation returned the following verdict into
court to wit:
We the jury
find the defendant not guilty as charged in the indictment.
It is therefore
ordered by the court that the said defendant be discharged and that he go
hence without day.
Ordered that
court adjourned until tomorrow morning 9 oclock.
Jesse R. Thomas
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90404
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