PEOPLE v JOHN HIBBS:TRANSCRIPT OF A MANSLAUGHTER CASE DEFENDED BY LINCOLN

Set forth below is a transcript which I made of  the important documents in the court file from a manslaughter case which Lincoln defended.

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 JOHN HIBBS: TRANSCRIPT OF A MANSLAUGHTER CASE DEFENDED BY LINCOLN
DATE	DOCUMENT	DOC.#
6/12/55	COURT MINUTES Tuesday June 12, AD 1855 People of the State of Illinois vs John Hibbs} Manslaughter Now this day came the said defendant by his attorney and files his affidavit herein and enters his motion for continuance and the court after hearing the argument of counsel and being sufficiently advised orders that said motion be allowed and in this case be continued	122875
6/13/55	RECOGNIZANCE Tuesday June 12, AD 1855 People of the State of Illinois vs John Hibbs} Manslaughter [Defendant posts $ 600.00 bond to appear at next term of court. Sureties are Mason Nichols, Henry Jourdan, James Hibbs, and Samuel Hibbs]	122876
6/13/55	RECOGNIZANCE Tuesday June 12, AD 1855 People of the State of Illinois vs John Hibbs} Manslaughter [Witnesses posts $ 50.00 bond to appear at next term of court]	122877
11/20/55	COURT MINUTES Tuesday November 20th, AD 1855 People of the State of Illinois vs John Hibbs} Manslaughter Now at this day came the said People by the Prosecuting Attorney and it appearing to the satisfaction of the Court that the said John Hibbs was dully recognized at the June Term last of the Circuit Court of Logan County in the sum of Five Hundred Dollars to be and appear before the Circuit Court of said County on the first day of the next November Term, and not depart without leave and answer to an indictment found against him by the Grand Jury of Logan County State of Illinois, and abide the order of the Court thereon and he being three times clearly called came not, but made default. It is therefore ordered by the Court that the recognizance of said Defendant be taken & forfeited. And it appearing to the satisfaction of the Court that Mason Nichols Henry Jourdan James Hibbs and Samuel Hibbs were the securities of the said John Hibbs on said recognizance and they having failed to deliver up the said John Hibbs. It is therefore ordered and adjudged by the Court that a Summons in the nature of a Scire facias issue herein directed to the Sheriff of Sangamon County Commanding him to summon the said John Hibbs Mason Nichols Henry Jourdan James Hibbs and Samuel Hibbs to be and appear before the Circuit Court of Sangamon County and show cause if any they can why the People of the State of Illinois should not have judgment against them upon the forfeited Recognizance.	122878
11/20/55	RECOGNIZANCE Tuesday November 20, AD 1855 People of the State of Illinois vs John Hibbs} Manslaughter [Witnesses posts $ 50.00 bond to appear at next term of court]	122879
3/19/56	COURT MINUTES Wednesday March 19 AD 1856 People of the State of Illinois vs John Hibbs} Manslaughter And now at this day came the said People by their Attorney and the said Defendant in proper person and by counsel and the said Defendant having been furnished with a copy of the indictment and a list of the Jurors and Witnesses herein and being arraigned for plea says that he is not guilty in manner and form as charged in said indictment and of this he puts himself upon the country and the people do the like; thereupon came a Jury to wit: [Jurors names] who being elected tried and sworn well and truly to try the issue joined after hearing the evidence and arguments of counsel for their verdict say “We the Jury find the Defendant Guilty in manner and form as charged in the indictment and fix the time of imprisonment which the Defendant shall serve in the penitentiary at two years. Whereupon the said Defendant by his Attorney enters his motion for a new trial herein.	122880
3/29/56	COURT MINUTES Friday March 29, AD 1856 People of the State of Illinois vs John Hibbs} Manslaughter And now a this day came again the said Plaintiff by their Attorney and the said Defendant in proper person and the said Defendant saying nothing further why judgment should not be pronounced against him It is therefore Ordered and adjudged by the court that the said Defendant be confined in the Penitentiary of the State of Illinois for and during the term of two years from this date – twenty-four be in Solitary confinement and the balance at hard labor. It is further ordered that the Sheriff convey the body of the said Defendant and deliver him to the proper authority in charge thereof without delay.	122882
5/8/57	PETITION FOR PARDON To His Excellency, the Governor of the State of Illinois We the undersigned citizens of Logan County, respectfully represent that at the March term 1856, of the Sangamon Circuit Court, John Hibbs was found guilty of manslaughter and sentenced to the Penitentiary for the term of two years; that the deceased came to his death in Logan County, and the case was taken to Sangamon by change of venue; that it was never certain that he came to his death by the hand of Hibbs; and yet it is certain that if he did, it was without any premeditation or malice whatever – He has now served in the Penitentiary one year; his family was in great need of the support he should give them; and we would be much gratified, if he should be pardoned for the remainder of his sentence. [18 signatures]	122883
5/8/57	LETTER TO GOVERNOR CONCERNING PARDON Danville, Ill May 8th1857 His Excellency Govr Bissell, Dear Sir- John Hibbs was indicted in the Logan County Circuit Court for manslaughter - & venue changed to Sangamon - and at the March Term 1856, he was convicted, & sent to the Penitentiary for two years. There was no motive for the killing proved, and none that was even reasonable suggested. The men were both living in the same neighbourhood and it was not intimated that there was even a suspicion of ill blood. The parties were left in a field together & the deceased person found dead & probably killed by a small club & Hibbs was found at a house a small way off very, very drunk. Hibbs & the deceased were seen last together. As I understand, Hibbs does not profess to know how he killed him & does not know that he killed him at all. Hibbs has already been in the Penitentiary about fourteen months. He has a wife small children, depending on him for support & they seem tenderly attached to him. I am inclined to think that Executive Clemency would not be misplaced, in remitting the balance of Hibbs term. With High Respect  Yr obt servt  David Davis We defended John Hibbs, mentioned in Judge Davis' letter above; and we concur with the Judge, that a pardon now, after his having served about fourteen months of his two years, would not be improper. A. Lincoln John T. Stuart	122884