THE ALMANAC TRIAL INDICTMENT

Indictment forms have changed dramatically over the years. The Almanac Trial indictment was written by hand and was worded almost identically to a murder indictment form that can be found in the 1799 edition of Blackstone's Commentaries on the Laws of England. Here's the first page of the Indictment:

It is eight pages long, and (as you might expect) excessively wordy. The full wording of the indictment is as follows:

Indictment, November 5, 1857: State of Illinois: Mason County: Of the October Term of the Mason county Circuit Court in the year of Our Lord one thousand eight hundred and fifty-seven.

The Grand Jurors chosen selected and sworn in and for the County of Mason aforesaid in the name and by the authority of the People of the State of Illinois upon their oaths present that James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven with force and arms at and within the County of Mason and State of Illinois, in and upon one James Preston Metzker in the peace of the said People of the said State of Illinois then and there being, unlawfully, feloniously, willfully, and of their malice aforethought did make an assault. And the said James H. Norris with a certain piece of wood about three feet long which he the said James H. Norris in his right hand then and there held the said James Preston Metzker in and upon the back part of the head of him the said James Preston Metzker then and there unlawfully, feloniously, willfully, and of his malice aforethought, did strike, giving to the said James Preston Metzker then and there with the stick of wood aforesaid in and upon the said back part of the head of him the said James Preston Metzker, one mortal bruise and the said William Armstrong with a certain hard metallic substance called a slung-shot which he the said William Armstrong in his right hand then and there had and held, the said James Preston Metzker, in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of his malice aforethought did strike, giving to the said James Preston Metzker then and there with a slung-shot aforesaid in and upon the said right eye of him the said James Preston Metzker one other mortal bruise, of which said mortal bruises the said James Preston Metzker from the said 29th. day of August in the year aforesaid until the 1st day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which said first day of September in the year aforesaid the said James Preston Metzker in the County and State aforesaid of the said mortal bruises died; and so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, and of their 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 in the name and by the authority aforesaid upon their oaths aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois not having the fear of God before their eyes but being moved and seduced by the instigation of the Devil, on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty- seven with force and arms at and within the County of Mason and State of Illinois in and upon one James Preston Metzker in the peace of the said People of the said State of Illinois then and there being unlawfully feloniously, and willfully and of their malice aforethought did make an assault; and that the said James H. Norris and William Armstrong with a certain hard metallic substance commonly called a slung-shot which they the said James H. Norris and William Armstrong in both their right hands then and there had and held, the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker then and there unlawfully, feloniously, willfully and of their malice aforethought did strike, beat and bruise, giving to the said James Preston Metzker then and there with the slung-shot aforesaid by striking, beating and bruising the said James Preston Metzker in and upon the right eye of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker from the said twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven aforesaid until the first day of September in the year aforesaid at the County of Mason and State of Illinois aforesaid did languish, and languishing did live on which first day of September in the year aforesaid the said James Preston Metzker in the county and State aforesaid of the said mortal bruise died. And so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid unlawfully, feloniously, willfully and of their 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 of the People aforesaid do further present James H. Norris and William Armstrong late of the County of Mason and State of Illinois on the twenty-ninth day of August in the year of Our Lord one thousand eight hundred and fifty-seven not having the fear of God before their eyes, but being moved and seduced by the instigation of the Devil with force and arms at and within the County of Mason and State of Illinois in and upon the said James Preston Metzker in the peace of the People of the said State of Illinois then and there being, unlawfully, feloniously, willfully and of their malice aforethought did make an assault; and that the said James H. Norris and William Armstrong with a certain stick of wood three feet long and of the diameter of two inches which they the said James H. Norris and William Armstrong in their right hands then and there had and held the said James Preston Metzker in and upon the back side of the head of him the said James Preston Metzker then and there feloniously, willfully, unlawfully, and of their malice aforethought did strike, beat and bruise, giving to the said James Preston Metzker then and there with a stick of wood aforesaid in and upon the said back side of the head of him the said James Preston Metzker one other mortal bruise of which said mortal bruise the said James Preston Metzker on the said twenty-ninth day of August in the year aforesaid until the first day of September in the year aforesaid at the County and State aforesaid did languish and languishing did live on which said first day of September in the year aforesaid at the County and State aforesaid of the said mortal bruise died; and so the jurors aforesaid upon their oaths aforesaid do say that the said James H. Norris and William Armstrong the said James Preston Metzker in manner and form aforesaid, unlawfully feloniously, willfully, and of their 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.

HUGH FULLERTON, state’s attorney.

By comparison, the indictment charging Bruno Richard Hauptmann with the murder of the Lindbergh baby was a model of brevity:

That indictment read as follows:

HUNTERTON OYER AND TERMINER
SEPTEMBER TERM, A.D. 1934
HUNTERTON COUNT IL.

The grand inquest for the State of New Jersey in and for the body of the County of Hunterdon upon their respective oaths present that Bruno Richard Hauptmann on the first day of March in the year of Our Lord One Thousand Nine Hundred and Thirty-Two, with force and arms, at the Township of East Amwell, in the County of Hunderton aforesaid, and within the jurisdiction of this court did wilfully, feloniously and of his malice aforethought kill and murder Charles A. Lindbergh, Junior, contrary to the form of the statute in such case made and provided and against the peace of the State, the Government and the dignity of the same.

ANTHONY M. HAUK
Prosecutor of the Pleas

For comparison, here is a modern indictment. It is somewhat more wordy than necessary because there were special difficulties with the proof of this case which required very careful pleading. The draftsman (me) found an old case with a similar problem of proof which held this language sufficient. Being extremely cautious, as one should when drafting a charging document, the draftsman opted for using the archaic language without trying to modernize it:

The indictment reads:

 

IN THE CIRCUIT COURT, THIRD JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR COLUMBIA COUNTY, THE 20th DAY OF JULY A. D. 1978

 

THE STATE OF FLORIDA,

-vs-

THEODORE ROBERT BUNDY,

Defendant.

 

IN THE NAME AND BY THE AUTHORITY OF THE STATE OF FLORIDA:

COUNT I

The Grand Jurors of the County of Columbia, State of Florida, Charge that THEODORE ROBERT BUNDY on the 9th day of February A.D. 1978 in Columbia County, Florida, and Suwannee County, Florida, unlawfully and from a premeditated design to effect the death of KIMBERLY DIANE LEACH did murder KIMBEXLY DIANE LEACH in some way and manner, or by some means, instrument or weapon to the Grand Jurors unknown, thereby inflicting and creating in KIMBERLY DIANE LEACH mortal wounds and injuries or mortal sicknesses, of and from which said mortal wounds and injuries or mortal sicknesses the said KIMBERLY DIANE LEACH died. (FSA 782.04; 910.03.

 

COUNT II

The Grand Jurors of the County of Columbia, State of Florida, further charge that THEODORE ROBERT BUNDY on the 9th day of February, 1978, in Columbia County, Florida, and Suwannee County, Florida, did then and there forcibly, secretly or by threat, confine, abduct or imprison KIMBERLY DIANE LEACH against her will and without lawful authority, with intent to inflict bodily harm upon or to terrorize KIMBERLY DIANE LEACH or with intent to commit or facilitate the commission of a felony, to wit: murder. (FSA 787. 01; 910.03).

 

L. ARTHUR LAWRENCE, JR.

STATE ATTORNEY OF THE THIRD

JUDICIAL CIRCUIT OF FLORIDA

 

At the risk of beating a dead horse, I will conclude this post with the more modernized wording of the indictment from the last capital murder case I tried:

 

THE GRAND JURY of Columbia County, Florida, charges that BRIAN A. STRAWDER on the 11th day of August, 2002, in COLUMBIA County, Florida, unlawfully and from a premeditated design to effect the death of another, and while robbing TOMMY C. SIMPKINS, did kill TOMMY C. SIMPKINS by discharging a firearm which BRIAN A. STRAWDER had in his actual possession and shooting TOMMY C. SIMPKINS with said firearm, thereby inflicting upon TOMMY C. SIMPKINS mortal wounds and injuries which caused the death of TOMMY C. SIMPKINS, contrary to Florida Statutes 782.04(1)(a) and 775.087(2)(a).