PEOPLE v SPENCER TURNER: TRANSCRIPT OF THE COURT FILE IN LINCOLN'S THIRD MURDER CASE

Set forth below is a transcript which I made of the important documents in the court file from Lincoln's third murder case.

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	PEOPLE v SPENCER TURNER: TRANSCRIPT OF COURT FILE DOCUMENT	DOC.#
4/18/40	Following Taken From Files and Circuit Court Record of DeWitt County, Illinois People vs. Spencer Turner State of Illinois ) DeWitt ) The people of the State of Illinois to any constable of said county greeting whereas information has been given to the Subscriber a Justice of the Peace in and for said County there being no coroner in said County that the dead body of one Matthew K. Martin supposing to have come to his death by [blank space] had been found in the Town of Clinton in said County at or near an outlet or garden of Miles Grays helpless and speechless carried to the house of Said Gray and   soon improved not having shown cause of his said condition you are therefore commanded to summon twelve Jurors residents of  aid County and having legal qualifications to appear fourth with at the said Miles Grays there said body is now lying then and there to inquire and therefore [presentment] make as to the name and by to from the said [decedent] came to his death and here [appeal] not but of this writ and you serve make due [re]turn given under hand and seal this 18th day of April A. D. 1840. J. C. McPherson I do here by appoint Henry Dishon as deputy to Execute this within writ given under my hand and Seal this day 18th of April A. D. 1840. J. C. McPherson In obedience to the command of the within writ I have summoned Miles Gray, Benjamin Church, Harvey Bradshaw, Thomas Laughlin, Joseph Wolf, William Lowry, Anson Mory, James Brown, J. W. Sapp, Merles Maltby, Williams Anderson and Samuel Richardson, residents and citizens of said County to appear fourth with at the place within mentioned. Dated this 18th day of April A.D. 1840. Henry Dishon Memorandum of witnesses upon the coroner’s inquest to wit William Dishon - Wallace - Anson Morey - John Springer - Danius Hall - Harvey Bradshaw - H. Dishon - James Brown - Thomas Laughlin.	3102
4/18/40	Verdict of the Jury upon a Coroner’s Inquest: Filed May 23, 1840: K.H. Fell, Clerk We the Jury having been duly sworn by J.C. McPherson a Justice of the Peace of the County of DeWitt and State of Illinois, there being no coroner in said County, diligently to inquire and term presentment make in what manner and by whom Matthew K. Martin came to his death whose body was found in the Town of Clinton near Miles Grays Garden in the County and State aforesaid helpless and speechless was removed to said Grays house in said town and died immediately on the 18th day of April 1840 at about 5 o’clock in the morning of the same day. After having heard the evidence and upon full inquiry concerning the facts and a careful examination of the said body do find that the deceased came to his death by a severe blow upon his head with a club struck by Spencer Turner of the County and State aforesaid which blow was struck on the 15th day of April 1840 near two o’clock p.m. together with his own imprudence in keeping himself in a stae of intoxication and exposure in rain and inclemency of weather on the night previous to his death. Given under our hands and seal this 18th day of April 1840. Benjamin Church, SEAL; William Lowry (foreman) , SEAL; Harvey Bradshaw, SEAL; William Anderson, SEAL; James Brown, SEAL; Anson Mory, SEAL; T. M. Richardson, SEAL; Thomas Laughlin, SEAL; Miles Gray, SEAL; James W. Sapp, SEAL; Charles Maltby, SEAL; Joseph Wolf, SEAL	3104
4/19/40	State of Illinois ) Dewitt County ) The people of the State of Illinois to all Sheriffs, coroners and constables of said State greeting whereas complaint has been made before me one of the Justices of the Peace in and for the County of [Dewitt] upon the oath of William Dishon that Spencer Turner did on or about the 15th of this instant in the Town of Clinton in Said County unlawfully beat wound and abuse on a Nathan K. Martin by striking him (the Said Nathan K. Martin) with a piece of timber of considerable size several times - Pleasure Therefore to command you to take the Said Spencer Turner if he be found in your county - or if he Shall have fled - that you pursue after the Said Spencer Turner into any other county within this State and take and keep the Said Spencer Turner So that you have his Body forthwith before me - or some other Justice to answer the Said complaint and further to be dealt with according to law. Given under my hand and seal this 18th day of April A.D. 1840. J.C. McPherson, J.P. Constable Fee Leaving Notice Papers 25 Mileage 62 ½ ------------------  87 ½ Executed this within by fetching the Body of Spencer Turner into Court as commanded this 19th of April 1840. G. S. Bennett, Court of DeWitt County	3103
4/19/40	State of Illinois ) DeWitt County ) Be it remembered that on the 19th day of April A.D. 1840 that J.C. McPherson one of the acting Justice of the Peace in and for said County was called on there being no coroner in said County to call and take an inquisition upon the dead body of and Matthew K. Martin Citizen of said County who came to premature death in the town of Clinton on said 19th day aforesaid and after having called a lawful jury sworn and impanelled the same they returned the within in closed verdict purporting that one Spencer Turner was in part the cause of the said Matthew K. Martin’s death drawn from the examination of Doctor James Brown and Dr. Thomas Laughlin given under my hand and seal this 19th day of April A.D. 1840. J.C. McPherson Be no recognizance legally taken in consequence by means of dispensation Endorsement: People vs S. Turner: Coroner’s Transcript: Filed May 23, 1840, K.H. Fell, Clk. Witnesses: James Brown, Thomas Laughlin, J.J. McGraw, Miles Gray, Wm. Dishon, Asa Wallace, Anson Mory, Charles Maltby	3107
5/22/40	Of the May Term of the DeWitt Circuit Court in the year of our Lord one thousand and eight hundred and forty State of Illinois ) DeWitt County ) The grand jurors chosen selected and sworn in and for the county of Dewitt in the name and by the authority of the people of the State of Illinois upon their oath present that Spencer Turner not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the 15th day of April in the year of our Lord one thousand and eight hundred and forty with force and arms at the County of DeWitt in the State of Illinois aforesaid in and upon one Matthew K. Martin in the peace of the people then and there being feloniously willfully and with his malice aforethought did make an assault and that said Spencer Turner with a certain wooden stick of the value of ten cents which the said Spencer Turner in his right hand then and there had and held the said Matthew Martin in and upon the right side of the head near the right temple of him the said Martin then and there feloniously willfully and of his malice aforethought did strike giving to the said Martin then and there with the wooden stick aforesaid in and upon the aid right side of the head near the right temple of him the said martin one mortal wound of the length of two inches and of the depth of one inch of which said mortal wound the said Matthew Martin from the said fifteenth day of April in the year aforesaid until the eighteenth day of the same month of April in the year aforesaid at the County and State aforesaid did languish and languishing did live on which said eighteenth day of April in the year aforesaid the said Matthew Martin at the County and State aforesaid, of the said mortal wound died and so the grand jurors aforesaid upon their oath aforesaid do say that the said Spencer Turner the said Matthew K. Martin in manner and for aforesaid feloniously, willfully, and of his malice aforethought did kill and murder contrary to the [form] of the statute in such cause made and provided and against the peace and dignity of the same people of the State of Illinois H.B. Campbell States Atty. Endorsement: DeWitt Circuit: People vs. Spencer Turner: Indicted for Murder A True Bill Robert A. Barnett Foreman of Grand Jury [Witnesses] William Dishon, Anson Morey, Asa Wallace, John Cornwall, Chas Maltby, Henry Dishon, Harvey Bradshaw, John J. McGraw, Dr. Brown, Dr. Laughlin, John Springer K.H. Fell, Clerk	3108
5/22/40	The Grand Jury returned into court & presented the following bill of indictment to wit: The People vs Spencer Turner: Indictment for Murder Endorsed “a true bill” “Robert F Barnett foreman of the Grand Jury” And having further business before them, they again retired to consider of the same.	3111
400523	The People vs Spencer Turner: Indictment for Murder And now came again the People by the States Attorney and the said Defendant Spencer Turner in proper person and by his counsel and thereupon came a jury, to wit: Henry Williams, George Copenbarger, Charles Day, Isaac Carlock, Moses H> Williams, Abram Onstott, William Dye, William Stewart, Jeremiah P. Dunham, & William Wright Jun. of the regular panel of petit jurors and Thomas Wilson & Samuel Duncan, talesmen summoned from the bystanders the regular panel having been exhausted by challenges, who being elected, tried, and sworn well and truly to try the issue joined herein on yesterday after hearing the evidence adduced as well by the People as on the part of the said Defendant and the arguments of counsel thereon, retired to consider of their verdict in the charge of the proper officer, sworn as the law directs, and who returned into court in the charge of the said officer and for this verdict upon their oats say: We the Jury find the Defendant not guilty in manner and form as charged in the indictment. It is therefore ordered that the said Defendant be discharged and go hence hereof without day.	3110
5/23/40	We the jury find the Devendnt not gilty. Clinton May 23—1840 Henry Wilbray, Foreman	3112