The numbers to the right below the document titles refer to the documents by the Law Practice of Abraham Lincoln website.
J.P. TRANSCRIPT
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STATE
OF ILLINOIS CHAMPAIGN CO.
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Before
J.J. Brown, J.P.
Before J.P. Tenbrook, JP
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The
People of the
State
of Illinois
-vs-
Thomas
Patterson
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For
Murder
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On
complaint of Penrose Stidham it appearing that,Samuel C. Dehaven has been
killed by Defendant Warrant issued this day for his arrest and delivered to V.
Kendall, Constable for service. Same day warrant returned endorsed:
"Served
the within by arresting Thomas Patterson and bringing him to Court. V. Kendall,
Const."
Now
it appearing upon the testimony of Cary Hamilton, William W. Mills, Samuel
Healer, P. S. Coler, David Mattis, Daniel D. Mills, L. Pumington & A.
Catron that on this day Thomas Patterson threw a two pound weight at Deceased
hitting him on the he from which wound he has since died, it is ordered that he
be committed for trial before the Circuit Court of Champaign Co. Mittimus for
the Committment of said Thomas Patterson to the jail of said County given to V.
Kendall, Const.
W. W.
Mills, Cary Hamilton and Samuel Hasler recognized for their appearance as
witnesses at the Circuit Court in this case.
J. J.
Brown J.P.(L.S.)
I
certify the above to be a true transcript of the
proceedings
in said case before me Sadorus, March 25, 1858.
J. J.
Brown J.P.(L.S.)
INDICTMENT
4/12/58
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580412
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Of
the April Term of the Champaign Circuit Court in the year of Our Lord Eighteen
Hundred and fifty eight.
STATE
OF ILLINOIS
CHAMPAIGN
COUNTY
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SS
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The
Grand Jurors chosen, selected and sworn, in and for the County of Champaign, in
the name and by the authority of the People of the State of Illinois upon their
oaths present that on the twenty fourth day of March in the year of our Lord
Eighteen hundred and fifty-eight at and within the County of Champaign and
State of Illinois aforesaid, Thomas Patterson not having the fear of God before
his eyes, but being moved and seduced by the instigation of the devil, with
force and arms at the County aforesaid in and upon one Samuel Dehaven in the
peace of God and the people then and there being, unlawfully, feloniously and
wilfully did make an assault; and that the said Thomas Patterson with a certain
two pound weight of the value of one dollar, which he, the said Thomas
Patterson in his right hand then and there had and held, to, against and upon
the said Samuel Dehaven then and there unlawfully and feloniously did cast and
throw; and, that the said Thomas Patterson with the two pound weight aforesaid
so cast and thrown by him as aforesaid, the said Samuel Dehaven in and upon the
left side of the head near the left ear of him the said Samuel Dehaven, then
and there unlawfully & feloniously and wilfully did strike and wound,
giving to the said Samuel Dehaven then and there with the two pound weight
aforesaid so as aforesaid by the said Thomas Patterson cast and thrown in and
upon the left side of the head near the left ear of him the said Samuel
Dehaven, one mortal wound of the length of three inches and of the depth of one
inch; of which said mortal wound the said Samuel Dehaven from the said twenty
fourth day of March in the year aforesaid until the twenty fifth day of the
same month of March in the year aforesaid at and within the County aforesaid,
did languish and languishing did live; on which said twenty fifth day of March
in the year aforesaid, the said Samuel Dehaven at and within the County
aforesaid, of the said mortal wound died; and so the Grand Jurors aforesaid
upon their oaths aforesaid do say that the said Thomas Patterson, the said
Samuel Dehaven in manner and form aforesaid feloniously, voluntarily,
unlawfully and wilfully did kill, contrary to the form of the Statute in such
case made and provided, and against the peace and dignity of the same people of
the State of Illinois.
2nd.
Count. And the Grand Jurors aforesaid in and for the County aforesaid in the
name and by the authority aforesaid upon their oaths aforesaid do further
present that on the twenty third day of March in the year of our Lord Eighteen
hundred and fifty eight aforesaid at the County and State aforesaid Thomas
Patterson not having the fear of God before his eyes but being moved and
seduced by the instigation of the devil with force and arms at the County
aforesaid in and upon one Samuel Dehaven in the peace of God and the people
then and there being; unlawfully, feloniously and wilfully did make an assault;
and that the said Thomas Patterson with a certain piece of metal of the weight
of two pounds and of the value of one dollar, which piece of metal was commonly
called a two pound weight which piece of metal he the said Thomas Patterson in
his hand then and there had and held to, against, and upon the said Samuel
Dehaven then and there unlawfully and feloniously did cast and throw; and that
the said Thomas Patterson with the piece of metal aforesaid so east and thrown
by him as aforesaid the said Samuel Dehaven in and upon the left side of the
head, back of the left ear and near the said left ear of him the said Samuel
Dehaven then and there unlawfully, feloniously and wilfully did strike and
wound, giving to the said Samuel Dehaven then and there with the piece of metal
aforesaid so as aforesaid by the said Thomas Patterson east and thrown in and
upon the left side of the head near the left ear, back of the said left ear, of
him the said Samuel Dehaven one mortal wound of the length of three inches and
of the depth of one inch; of which said mortal wound the said Samuel Dehaven
from the said twenty third day of March in the year aforesaid until the twenty
fourth day of the same month of March in the year aforesaid did languish and
languishing did live; on which said twenty fourth day of March in the year
aforesaid the said Samuel Dehaven at and within the County aforesaid of the
said mortal wound died; oaths aforesaid do and form aforesaid wilfully did kill,
and so the Grand Jurors aforesaid upon their say that the said Samuel Dehaven
in manner voluntarily, unlawfully, feloniously and contrary to the form of the
Statute in such case made and provided and against the peace and dignity of the
same people of the State of Illinois.
[ENDORSEMENT]
April
Term 1858.
The
People
vs.
Thomas
Patterson.
MAMSLAUGHTER.'
A
True Bill
John
Penfield, Foreman of the Grand Jury.
Witnesses.
A
Catron, Daniel Mills, William Mills, Cary Hamilton, Dr. Herman Chaff,. Dr. L.
Punnington, David Mattocks, Samuel Hesler, Pearce Coler, Arbury Hamilton
COURT MINUTES
4/23/58
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50151
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People
Vs
Thomas
Patterson
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}
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Manslaughter
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This
day (it being the 11th day of the term)came the Prosecuting Attorney and also
the said Defendant in his own proper person and having had hearing of said
Indictment for plea thereto says he is not guilty in manner & form as is in
said Indictment above against him Charged and thereof puts himself upon the
Country.
COURT MINUTES
10/13/58
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58132
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People
Vs
Thomas
Patterson
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}
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Manslaughter
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This
day (it being the third day of the term) comes the People by their States Attorney
and comes the Defendant in his own proper person and entered his motion herein to Continue the
cause on his affidavit herein filed. And thereupon before the decision of the
said motion by the Court the said Defendant waived all right for a change of
venue at this and any subsequent term of the Court. Whereupon upon due
consideration thereof by the Court It is ordered that this case be continued on
said Affidavit & [Court goes on to set forth terms of Patterson’s release
on bail].
AFFIDAVIT
10/24/58
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4298
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STATE
OF ILLINOIS CHAMPAIGN CO.
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CIRCUIT
COURT AT
THE
OCTO. TERM 1858
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People
Vs
Thomas
Patterson
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Indict
Manslaughter
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Before the undersigned Wm. H. Somers, Clerk
of said Court personally came the above named Thomas Patterson who being by me
first sworn deposes and says upon his oath that he is advised & verily
believes that he cannot come safely to his trial without the aid &
attendance of his Council Leonard Sweet & Abraham Lincoln Esqrs. That
before the last term of this Court he employed the said Swett & Lincoln in
his defense & verily expected that they both, as they promised affiant
would attend at the present term & conduct his defense, he swears that
their absence has not been by his leave or procurement. That although affiant
has other Council employed in his defense he relies most upon the said Lincoln
& Sweet, who he employed to lead and manage his defense. That it is not the
intention of affiant to take a change of venue from this County but should be
entirely controlled by the judgment of his said Attorneys Lincoln & Swett
in so doing.
THOMAS PATTERSON
Subscribed & Sworn to this 24th day of Oct. 1858.
W. H. Somers, Clk.
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COURT MINUTES
4/21/59
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130677
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People
Vs
Thomas
Patterson
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Indictment
for Manslaughter
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This
day (it being the 4th day of the term) came the Prosecuting attorney and also
came the said defendant in his own proper person and having had hearing of said
Indicmtne for plea thereto says that he is not guilty inmanner and form as is
in the Indictment above against him charged and thereof puts himself upon the Country
and a copy of said Indictment and a list of Jurors and witnesses being
furnished the said deenda thereupon came a Jury 12 good and lawful men to wit [lists
names of jurors]who being duly tried elected and sworn to well and truly try
the issues therein joined upon their oaths do say that said Defendant is guilty
in manner and form as in said Indictment above specified against him charged.
It is therefore considered by the court that the said Defendant be confined in the
Penitentiary at Alton for a term of three years for said offense & three
days of said time in solitary confinement and the remainder thereof at hard
labor. That the Sheriff of Champaign County have 5 days to carry said Thomas
Patterson to deliver him into the hands of the Warden.
PROSECUTION JURY INSTRUCTIONS
4/21/59
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4297
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Instructions
given by the Court on the part of the Prosecution in the case of the People v.
Patterson.
(No.
1 has been written, then pasted over with paper)
2nd.
If the Jury believe from the evidence that the Defendant unlawfully killed the
said Dehaven, by striking the said Dehaven upon the head with a two pound
weight, without Malice expressed or implied and without any mixture of
deliberation whatever, then the law is against the Defendant, and the Jury will
find him guilty.
3rd.
Unless the Jury believes from the evidence that when the Defendant killed
Dehaven, if they believe from the evidence that Defendant did kill Dehaven,
that the danger was so urgent and pressing from an attack made upon him by
Dehaven that in order to save his own life, or to prevent his receiving great
bodily harm, the killing of Dehaven was absolutely necessary; and unless the
Jury believe from the evidence that Dehaven assailed the Defendant, or that the
Defendant had really in good faith endeavored to decline any further struggle before
the mortal blow was given, then the law is against the Defendant, and the Jury
will find him guilty.
4th.
Unless the Jury believe from the evidence that Defendant and Dehaven were
engaged in a personal conflict, and that without any fault of Defendant, and
that the Defendant did all that a reasonable man ought to do, under like
circumstances, to avoid such conflict before striking the mortal blow, then the
law is against the Defendant and the Jury will find him guilty.
DEFENSE JURY INSTRUCTIONS
4/21/59
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4297
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People
Vs
Patterson
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[In Lincoln’s
handwriting]
The
Court instructs the jury:
If
they believe from the evidence that when Patterson threw the weight, he had a
reasonable and well grounded fear that he was in immediate danger of his life,
or of great bodily harm, from Dehaven, with the spade, they are to find
Patterson “Not guilty”—
That
if they have any reasonable doubt whether Patterson then was in such reasonable
and well grounded fear, they are to find him “Not guilty”—
That
if, upon the whole case, they have any reasonable doubt of Patterson’s guilt,
as charged in the indictment, they are to acquit him—
[In
Judge Davis’s handwriting]
The
Jury are not to decide the question of the Defendant’s guilt or innocence by a
preponderance of testimony, or by the probabilities of the defendant’s guilt or
innocence.
In a
criminal case, the Jury will not convict if they entertain a reasonable doubt
of the defendant’s guilt.
