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PEOPLE v. MOSES LOE: TRANSCRIPT OF
COURT FILE & PARDON PAPERS
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DATE
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DOCUMENT
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DOC.#
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9/1/52
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INDICTMENT
Of the August Term of the Sangamon Circuit Court in the year of our
Lord Eighteen hundred and fifty two
State of Illinois, Sangamon County} ss
The Grand Jurors chosen selected and sworn in and for the County of
Sangamon in the name and by the authority of the people of the State of
Illinois upon their oaths present that on the thirtieth day of August in the
year of our Lord Eighteen hundred and fifty two and before the finding of the
indictment at the County of Sangamon in the State of Illinois aforesaid Moses
Loe with force and arms in and upon the person of one James Gray in the peace
of God and the people then and there [illegible] and unlawfully feloniously
and willfully and of his malice aforethought did make an assault and that the
said Moses Loe with a certain knife of the value of six cents which he the
said Moses Loe in his left right hand then and there had and held the said
James Gray in and upon the right side of the neck of him the said James Gray
then and there unlawfully feloniously and willfully and of his malice
aforethought did strike and thrust giving to the said James Gray then and
there with the knife aforesaid in and upon the right side of the neck of him
the said James Gray one mortal wound of the breadth of one inch and of the
depth of one inch of which said mortal wound the said James Gray then and
there instantly died and so the Jurors aforesaid upon their oaths aforesaid
do say that the said Moses Loe the said James Gray in manner and form
aforesaid unlawfully feloniously and 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 [illegible] people of
the State of Illinois.
And the grand Jurors aforesaid in the name and by the authority
aforesaid upon their oaths aforesaid do further present that on the day and
year aforesaid and before the finding of this indictment at the County and
State aforesaid Moses Loe in and upon one James Gray in the peace of the
people then and there being unlawfully feloniously willfully and of his
malice aforethought did make an assault and that the said Moses Loe with a
certain knife of the value of six cents which eh the said Moses Loe in his
left right hand then and there had and held the said James Gray in and upon
the right side of the neck of him the said James Gray then and there
unlawfully feloniously willfully and of his malice aforethought did strike
and thrust giving to the said James Gray then and there with the knife
aforesaid in and upon the said right side of the neck of him the said James
Gray one mortal wound of the breadth of one inch and of the depth of one inch
of which said mortal wound the said James Gray from the said thirtieth day of
August in the year aforesaid until the thirty first day of same month of
August in the year aforesaid at the county and state aforesaid did languish
and languishing did live on which said thirty first day of August in the year
aforesaid and before the finding of the indictment the said James Gray in the
County and State aforesaid of the said mortal wound died, and so the Grand
Jurors aforesaid upon their oaths aforesaid do say that the said Moses Loe
the said James Gray in manner and form aforesaid feloniously willfully
unlawfully 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 said people of the State of Illinois
Campbell, State Atty
A True Bill
Elijah Iles, foreman of the Grand Jury
Filed Sept 1, 1852
Witnesses
Williamson Nipper; Alma Jane Nipper; William Rhea; Edwin D. Meacham;
John Breckinridge; James S. Carter, Ira Parker
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121633
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9/4/52
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AFFIDAVIT FOR CHANGE OF
VENUE
State of Illinois, Sangamon County} ss
Moses Loe, the defendant to a certain indictment for murder pending
in the circuit court of the county aforesaid, being first duly sworn states
on oath that he fears he will not receive a fair and impartial trial on said
indictment in the circuit court of the county aforesaid, where the trial is
pending, on account that the minds of the inhabitants of said county wherein
said trial is pending are prejudiced against him, he therefore prays the
court to award him a change of venue to the next nearest county where the
cause aforesaid does not exist.
Moses X Loe (his mark)
Subscribed and sworn to before me this 4th day of September, 1852.
B. Lawton
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54856
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9/4/52
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COURT MINUTES
The People of the State of Illinois against Moses Loe} Murder
And now at this day came the said People by their attorney and as
well the said defendant in proper person and by Counsel and the said
defendant being furnished with a copy of the Indictment and a list of the
jurors and witnesses [illegible] and being arraigned for plea says that he is
Not Guilty in the manner and form as charged in the said Indictment and of
this he puts himself on the Country and the People do the like and thereupon
the said defendant files his petition and moves the court that the venue
herein be changed and thereupon by agreement of parties he venue herein is
changed to the County of DeWitt. Whereupon it is ordered by this court that
the clerk of the Court make out and certify to the said County of DeWitt a
transcript of the record herein according to law.
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121635
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10/8/52
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COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for
Murder, brought by change of venue from Sangamon
This day came the defendant, and also the People by their attorney;
and on affidavit and motion of the defendant it is ordered by the court that
the cause be continued to the next term of the court—It is also ordered by
the Court that the defendant be removed by the Sheriff of this county to the
county of Sangamon and delivered to the Sheriff of said Sangamon County to be
by him safely kept in the jail of said county, and returned and delivered to
the Sheriff of this county on the first day of the next term of this court—
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40551
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10/8/52
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AFFIDAVIT FOR
CONTINUANCE
State of Illinois, DeWitt County}SS
I, Moses Loe, the defendant to a certain indictment, for the
supposed murder of one James Gray pending in the circuit court of the county
aforesaid by change of venue from the county of Sangamon, being first duly
sworn states on oath that he can not safely go to trial at the present term
of this court because of the absence of Thomas Blankenship and Elizabeth
Grass, who, he is advised and believes, are material witnesses for him on
such trial that affiant expects it will be proved by the prosecution that he,
affiant, on the morning of the killing of said Gray, came to and remained
alone upon the grounds where the killing afterwards occurred, a considerable
length of time before the arrival of said Gray, and he expects, in
explanation of that part of his conduct, to prove by said Blankenship that
said Gray told said Blankenship on the evening before the killing that he,
Gray, had an appointment with this affiant to meet and fight with each other
at the time and place where and when the killing afterwards occurred. Affiant
states that there was in fact such appointment made the day before the
killing by said Gray and affiant, but that no other person was present at the
making of it; that having been in close confinement ever since the killing,
he has had no opportunity of finding out persons to whom said Gray may have
spoken of said appointment; that he has learned that he, said Gray, had so
spoken to said Blankenship, but did not so learn until it was too late to
procure his attendance at the present term of the court, that affiant expects
there will be some other evidence tending to prove the fact of such
appointment, but none of so satisfactory a character as that of said
Blankenship; that said Blankenship resides in Sangamon county and affiant
expects to procure his attendance at the next term of the court—Affiant
further states that since his arrival here on the sixth inst he learned, for
the first time, that one May Grass, whose name is not endorsed on the
indictment, is to be used as a witness against him; and that it is expected
she will testify that several weeks previous to the killing, and about the
time affiant bought the knife with which said Gray was wounded on the day of
the killing, she heard this affiant say he intended to kill said Gray with
said knife—Affiant expects and believes said Mary Grass can not and will not
testify that he, affiant, ever spoke in her presence of said knife more than
one time; and affiant expects to prove by said Elizabeth grass that she was
present with said Mary, when affiant once spoke of said knife, and that she
understood and remembers what he then said, and that he did not speak of or
allude to said Gray that what affiant [illegible] say on that occasion was
that if one Thompson Lacy should assail him, affiant, as he had believed, he
had threatened to do, he, affiant would defend himself with that knife—that
said Elizabeth Grass resides in Morgan county, and affiant believes he can
procure her attendance at the next term. & that this application is not
made for delay, but that justice may be done—
Moses X Loe (his mark)
Subscribed and sworn to before me this 8th day of October 1852,
John Warner
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54855
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5/19/53
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VERDICT
We the Jury find the Prisoner Moses Loe guilty of Manslaughter in
the highest degree and therefore affix the penalty accordingly which is Eight
years confinement in the Penitentiary of Illinois
H.H. Hickman; James Spratt; Ephraim Burns; James Swearingen; Monson
Bushrod; William Summers; Alfred Pain; George W. Kneadler; Jack Jackson;
William East; Francis M. Jeffrey
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121654
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5/19/53
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ATTORNEY’S NOTES:
The People vs Moses Loe} Indictment for Murder—
Jury—Francis Jeffery; Bushrod W. Monson; James Spratt; Alfred
Gaines; William Neal; Ephraim Bean; Joel Jackson; William East; James
Swearingen; Geo. W. Knadler; William Summers; William W. Hickman
Evidence for Prosecution:
Benjamin Morris—Was with Gray that morning—Monday morning Gray started to court at
Springfield—I was with him—Came to where James Nippers was—Saw Loe down the
road—Came up to Loe—Witness said good morning to Loe—Gray said to Loe “have
you had your breakfast—Loe said something about threatening—Gray said put
down knife—Loe said you accused me of fighting boys less than me; now you
fight a bout less than you. Gray turned his horse and run back the road &
Loe ran after him to Loe got a club, then followed Gray in a walk—G. got of
his horse and got a club. L came up to him stabbed him in neck and him
down—stuck him again—jumped on him stamped him—G called to witness for help—W
got off his horse and ran up—G got up with L & W saw blood running out of
his mouth
L did not make at G till G started off on the horse—G told W L
wanted him to meet him at mouth of lane to fight and asked W to go with him
& he went—G made a sort of stop but whether at the place when L got club
don’t know
Edw D. Meacham—Was not present—L was brought by constable—Said to L Now I am sorry
for that L said he was sorry too—Asked L if he had given G a mortal wound—L
said he supposed he had—Asked L for the knife & L gave it to him—Asked L
how he did it—L said he struck him first with the club & then with the
knife & showed W how he held the knife—Witness saw the blood on the knife
was but a small instance & thought life might still be saved—L came into
neighborhood a year or so before W thought him 18 or 19 then—
Ira Parker—Lives in that neighborhood-Saw L at [scene] that morning
leaning against a tree whittling, near the place where the affair afterwards
happened—at the north of this lane—
Williamson Nippers—Lives with Jane Nippers—between day &
sunrise got up. L was then in the road at front of house & walked down
toward the lane. W went & fed some stock & came back home then saw L
sitting against a tree at mouth of lane—after breakfast G & Morris came
along—a little while after heard some [yelling] & ran down, got within
fifty yards when G wheeled his horse and run back past him & L running
after him on foot—G halted a moment & run on again 80 yards in all got
down & got a club—L had also got a club came up to G & struck [G] W
was between them & the north of the lane when the [hurt] was [done]—
Jane Nippers—When got up at daylight L was in road opposite house & went
down to lane—about an hour by saw G & Morris came along—G spoke to W
& [laughed] & went on down the road in a little while brother ran
down that way. Told him to come back but he went on—saw G turn his horse
& run back toward house & heard him laughing—saw him stop & get
down—then W went into house for fear of remarks
Evidence by defendant
Thomas Blankenship—G on Sunday before asked W if he wanted to see
some fun & said he & L was to fight at the mouth of the lane in the
morning
Carter—Understood L lived at Loftus three quarters of a mile off at the
[illegible]
Dr Goodbread—Thinks the blood from the mouth did not come from the
cut—
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4320
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5/19/53
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COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for
Murder. Change of Venue from Sangamon County
And now on this day came the Plaintiffs by Campbell their
Prosecuting attorney and the defendant in proper person and the plea of Not
Guilty having been entered before the venue of this case was changed and a
copy of the Indictment and list of jurors and witnesses having been furnished
the defendant thereupon came a jury to wit, William East, William Somers,
James Swearingen, H.H. Hickman, Geo W. Knadler, B.N. Munson, Ephraim Bunn,
Alfred Gaines, James Spratt, Joel Jakcons, Francis M. Jeffry, and [illegible]
who being sworn well and truly to try the issue joined, and after hearing the
evidence and argument of Counsel and the charge of the court retired to
consider of their verdict and afterwards returned into court with the
following verdict “We the Jury find the defendant guilty of Manslaughter and
affix period of his confinement in the Penitentiary at Eight years.” Which
verdict was [illegible] to be entered and thereupon the said jury was
discharged.
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35257
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5/20/53
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COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for
Murder. Change of Venue form Sangamon County
And now again on this day came the People by Campbell their prosecuting
attorney and the defendant in proper person, and the said Defendant saying
nothing why the judgment of the court should not be pronounced on the verdict
of the Jury it is thereupon ordered by the court that the said defendant be
confined in the state Penitentiary at Alton for a period of Eight years, that
to be served three months in solitary confinement and the residue of the time
at hard labor. It is further ordered that the Sheriff of this County convey
said defendant to Alton and deliver him to the Warden of the Penitentiary
within a period of seven days. It is further ordered that the plaintiffs
recover of the Defendant the costs herein expended and that they have
execution therefor
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35257
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8/18/57
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PARDON PETITION
To his Excellency William H. Bissell Governor of the State of
Illinois
Your petitioners Jurors who as grand jurymen found the bill of
indictment and petty jurymen found Moses Loe guilty of Manslaughter at the
March term of the Circuit Court of DeWitt County for the year 1853, said Loe
having spent more than half his term of 8 years and believing that the ends
of justice are fully met would respectfully request your excellency to
exercise that power vested in you and free him for the remainder of the term
[Signatures of 7 jurors]
[Clerk’s attestation that they were jurors]
I defended Moses Loe in the case mentioned, and, with the exception
of the assistance of a young man at the trial, who volunteered merely to try
his hand, the whole defense rested on me— I know Loe to have been a very
young man at the time of the offense and that now that half his term
(originally eight years) has elapsed since his conviction—As to his previous
character, or his conduct in the state prison I know nothing; but willing to
trust the numerous and very respectable gentlemen who speak to the point. I
cheerfully join the request that he be pardoned for the remainder of his
term.
A.Lincoln
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