Thursday, March 24, 2016

PEOPLE v WALTER BOSLEY: TRANSCRIPT OF THE COURT FILE FROM A MURDER 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 WALTER BOSLEY:
TRANSCRIPT OF MURDER CASE DEFENDED BY LINCOLN
DATE
DOCUMENT
REFERENCE
8/7/54
AFFIDAVIT FOR ARREST WARRANT
State of Illinois, Vermillion County} SS
Daniel Morgan comes and on his oath complains against one Walter Bosley and says that a criminal offense has been committed at the County of Vermillion in the State of Illinois on the seventh day of August 1854 and says that a criminal offense has been committed by shooting one Egbert Barnett and that the said Daniel Morgan has just reason to believe that Walter Bosley has committed the same and he the said Daniel Morgan prays that a warrant may issue against the said Walter Bosley
Daniel Morgan
Subscribed and Sworn to before me this 7th day of August AD 1854
J.D. Purkins, JP {LS}
State of Illinois Vermillion County
The People of the State of Illinois to Thomas Cox you are hereby authorized to execute the within given under my had and seal this 7th day of August 1854
J.D. Purkins JP {Seal}
61015
8/7/54
ARREST WARRANT
State of Illinois, Vermillion County}JJ
The People of the State of Illinois to all Sheriffs Coroners and Constables of said State Greeting
Whereas Daniel Morgan has made complaint before me J.D. Purkins one of the Justices of the Peace within and for Said County against Walter Bosley in the words and figures set forth in the aforegoing complaint by the said Daniel Morgan Subscribed and sworn to on this 7th Day of August 1854 You are therefore hereby commanded in the name and by the authority of the Said People to arrest the Said Walter Bosley and bring him before me or some other Justice of the Said County to answer said complaint and be dealt with according to law
Given under my hand and Seal this 7th day of August 1854
J.D. Purkins JP {LS}
61015
8/15/54
ARREST WARRANT
State of Illinois, Vermillion County}
The People of the State of Illinois To the Sheriff or Jailor of Said County Greeting
Whereas Walter Bosley has this day been examined before the undersigned one of the Justices of the Peace within and for Said County on a charge of willful murder and having been considered guilty of said charge you are therefore hereby commanded in the name and by the authority of the said People to receive the said Walter Bosley and safely keep him
Given under my hand and seal this 15th day of August AD 1854
J.D. Purkins JP {Seal}
61016
10/27/54
COURT MINUTES
The People of the State of Illinois vs Walter Bosley} Murder
This day came the People by their attorney and the said defendant in his own proper person who being arraigned for plea saith he is not guilty in manner and form as charged in the Indictment and on his motion it is ordered by the court that this cause be continued to the next term of court.
61019
11/1/54
COURT MINUTES
Of the October Term of the Vermillion Circuit Court: In the year of our Lord One Thousand Eight Hundred and Fifty Four
State of Illinois, Vermillion County} SS
The Grand Jurors chose selected and sworn in and for the County of Vermillion in the name and by the authority of the people of the State of Illinois upon their oaths present that Walter Bosley in the County of Vermillion not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the Seventh day of August in the year of our Lord One Thousand Eight Hundred and Fifty Four with force and arms at the County and State aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle Gun of the value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle Gun he the said Walter Bosley in his right hand then and there had and held to and against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle Gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid out of the Rifle Gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the back of him the said Egbert Barnett a little to the left of the back bone and a little below the left shoulder blade then and there feloniously willfully and of his malice aforethought did strike penetrate and wound given to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot discharged and sent forth out of the Rifle gun aforesaid by the said Walter Bosley in and upon the back of him the said Egbert Barnett a little to the left from the back bone and a little below the left shoulder blade of him the said Egbert Barnett one mortal wound of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett on the said seventh day of August in the year aforesaid until the Eleventh day of the same month of August in the year aforesaid in the County aforesaid did languish and languishing did live on which said Eleventh day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said mortal wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Burnett in manner and form aforesaid 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 same People of the State of Illinois
And the Grand Jurors aforesaid upon their oaths aforesaid in the name and by the authority aforesaid do further present that Walter Bosley in the County of Vermillion and the State of Illinois not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the seventh day of August in the year of our Lord Eighteen Hundred and Fifty Four with force and arms in the County aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle Gun of the Value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle Gun the said Walter Bosley in his right hand then and there had and held against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the left side of the back of him the said Egbert Barnett and a little below the left shoulder blade of him the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did strike penetrate and wound giving to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot sent forth and discharged out of the Rifle gun aforesaid by the said Walter Bosley in and upon the left side of the back of him the said Egbert Barnett a little below the left shoulder blade of him the said Egbert Barnett one mortal wound of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett from the said seventh day of August in the year aforesaid until the Eleventh day of August in the year aforesaid did languish and languishing did live on which said Eleventh day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Barnett in manner and form aforesaid feloniously 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 same people of the State of Illinois
And the Grand Jurors aforesaid upon their Oaths aforesaid in the name and by the authority aforesaid upon their oaths present that Walter Bosley in the County aforesaid not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the Seventh day of August in the year of our Lord Eighteen Hundred and Fifty Four with force and arms in the County aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle gun of the value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle gun he the said Walter Bosley in both his hands then and there had and held to against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle gun aforesaid then and there by force of gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the right side of the back of him the said Egbert Barnett a little below the right shoulder blade of him the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did strike penetrate and wound giving to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot discharged and sent forth out of the Rifle gun aforesaid by the said Walter Bosley in and upon the right side of the back of him the said Egbert Barnett a little below the right shoulder blade of him the said Egbert Barnett one mortal would of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett from the said seventh day of August in the year aforesaid until the fifteenth day of August in the year aforesaid did languish and languishing did live on which said fifteenth day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said mortal wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Barnett in manner and form aforesaid feloniously 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 same people of the state of Illinois
[L. Swett] Pros Atty pro tem
Vermillion Circuit Court
People vs Walter Bosley} Indictment for Murder
A True Bill
S. Frazier foreman of the Grand Jury
Witnesses: David Rittenhouse; Robert Barnett; George Gapp; James Burnett; Nancy Rittenhouse; William [illegible]; A.M.C. Hawes; Thomas Haywood
Filed Nov 1st 1854
Saml Craig, Clk
127970
5/25/55
COURT MINUTES
The People of the State of Illinois vs Walter Bosley} Murder
And now on this day came the states attorney who prosecutes on behalf of the people and on his motion the defendant being in custody was brought into court by the Sheriff and being furnished with a copy of the Indictment herein against him together with a list of the jurors and witnesses and the said defendant being arraigned upon his arraignment for plea saith he is not guilty in manner and form as charged in the Indictment and for trial putteth himself upon the country And thereafter came a jury to wit: William Hardin, Robert Marshall, A.J. Atkinson, William Sowders, P.M. Burton, Reason Hooten, W.R. Chandler, John Stevens, Lewis Fagan, John W. Stewart, Samuel Chester, & Isaac L. Brunn good and true men who after being impanelled and sworn the truth to speak upon the issue joined after hearing the evidence and the argument of counsel and being fully advised in the premises, retired under the care of a sworn officer and afterwards returned into court with the following verdict to wit: We the jury find the defendant Walter Bosley guilty of Manslaughter and sentence him to serve in the Penitentiary for the term of eight years. It is therefore ordered by the court that the said defendant Walter Bosley be conveyed by the sheriff of said county within the lapse of six days after the adjournment of court to the warden of the Penitentiary of said state at Alton and there to remain and serve in said Penitentiary for the term of eight years Twenty four hours of which time to be placed in solitary confinement the residue at hard labor.
61024


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