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 LONGNECKER:
TRANSCRIPT OF COURT FILE
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DATE
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DOCUMENT
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DOC.#
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4/19/54
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TRANSCRIPT OF CORONER’S
INQUEST
State of Illinois, Piatt County} ss
Be it remembered that on the 19th day of April A.D. 1854 there then
being no Coroner of said county, information was given to me, T.C. Stewart a
Justice of the Peace in & for said county that the dead body of Jacob
Ater, supposed to have come to his death by violence, & found at the
store room recently by Messers Piatt & Kerr in the Town of Monticello in
said county & state. I issued a warrant; & delivered the same to B.
Marker Constable of said county which was in words & figures following –
State of Illinois, Piatt County} To an Constable of said county,
greetings
Whereas information has been given to one T.C. Stewart, a Justice of
the peace in and for said county (there being no Coroner of said county) that
the dead body of Jacob Ater has been found at the room occupied by Messrs
Piatt & Kerr as a store room in the Town of Monticello in Piatt County
Illinois, supposed to have come to his death by violence
You are therefore commanded to summon twelve jurors, residents of
said county, to appear forthwith, at said place, where said body was found
& is now lying, to inquire and true presentment make as to the manner
& by whom the deceased came to his death, & of this writ make legal
service & due return –
Given under my hand & seal this 19th day of April 1854
T.C. Stewart J.P. & Coroner for the time being #seal#
I executed this writ by summoning [twelve names]
Paul Marker, Constable
And also at the time and place aforesaid, at which said jury were
summoned to appear came the said jurors mentioned in said return to said
venire or warrant, who were then & there by me duly empanelled &
sworn in the premises, proceeded with me to inquire into the manner & by
whom the said Jacob Ater came to his death.
The witnesses were also then & there sworn & examined their
testimony reduced to writing & signed by themselves, the jury &
myself. And thereupon said jury then & there returned to me their verdict
in writing which is as follows & hereto attached & signed by them.
And that the said depositions to have been filed in the Clerk’s office of the
Piatt Circuit Court of said State
Given under my hand & seal this 19th day of April AD 1854
T.C. Stewart J.P. & Coroner for the time being #seal#,
State of Illinois, Piatt County} To an Constable of said county,
greetings
Whereas information has been given to one T.C. Stewart, a Justice of
the peace in and for said county (there being no Coroner of said county) that
the dead body of Jacob Ater has been found at the room occupied by Messrs
Piatt & Kerr as a store room in the Town of Monticello in Piatt County
Illinois, supposed to have come to his death by violence
You are therefore commanded to summon twelve jurors, residents of
said county, to appear forthwith, at said place, where said body was found
& is now lying, to inquire and true presentment make as to the manner
& by whom the deceased came to his death, & of this writ make legal
service & due return –
Given under my hand & seal this 19th day of April 1854
T.C. Stewart J.P. & Coroner for the time being #seal#
[Return simply lists the names of the jurors summoned]
April 19 1854
B. Marker, Constable
State of Illinois, Piatt County}
An inquest by the undersigned jury duly empanelled & sworn, was
held on the night of the 19th day of April A.D. 1854 at the store room of
Messrs Piatt & Kerr in the Town of Monticello in said county and state,
over the dead body of Jacob Ater, who was supposed to have come to his death
by violence –
The undersigned T.C. Stewart, a Justice of the Peace in and for said
county then & there acted as Coroner, there being no acting Coroner of
said county –
The following is the testimony of the witnesses then and there
examined before said justice & jury, and which was then and there reduced
to writing in pursuance of the statute in such cases made & provided –
An abstract of the evidence given before the jury appointed to hold
an inquest upon the body of Jacob Ater the 19th day of April AD 1854
I, W.D. Kerr, being duly sworn according to law deposeth and saith.
That on the evening of the 19th day of April A.D. 1854 about 20 minutes after
9 o’clock P.M. having been at work in the ware room of the store occupied by
Jacob Piatt and myself situated in the town of Monticello Piatt County
Illinois. I came out of said ware room and stepped behind the dry goods
counter in the sales room of said house and at that time I observed there was
an altercation between Mr. David Longnecker and Mr. Jacob Ater in an angry
character. The deceased & Mr. Longnecker were standing about 5 or 6 feet
apart. I remember of hearing Mr. D. Longnecker call deceased a damned loafing
scoundrel or words to that effect, deceased replying in about the same
language – When said Longnecker said to deceased don’t you strike me with
that chair accompanying the remark with an oath. I did not observe whether
deceased menaced said Longnecker with a chair or not, having my eyes directed
to said Longnecker at the time of the remark – Whereupon said Longnecker
advanced towards deceased and struck him. Deceased as I thought returned the
blow or tried to ward it off whereupon said Longnecker stepped back to near
his former position when deceased turned to me where I was standing behind said
counter and remarked (calling me by name) he has stuck (or stabbed me) at
which time I discovered blood issuing from a wound on the neck of said
deceased. I called to Mr. Piatt to go for a physician I then requested
deceased to sit down – Deceased inquired for Dr
Ward two or three times and expired shortly afterwards. I think it could not have been more than seven minutes from the time deceased was struck until he breathed his last. I did not seen any weapon in the hands of said Longnecker.
W.D. Kerr
Subscribed & sworn before me this 19th of April 1854
T.C. Stewart, J.P.P.C.
J. A. Hill being duly sworn according to law deposeth and saith
Monticello Apr 19th
I was sitting in Mr. Piatt & Kerr’s store when Mr. Longnecker
came in. Mr. Piatt wished to know what he a [illegible] cloth table cover
worth that he had on the counter. Mr. Longnecker thot it worth one dollar
& fifty cents & sarted out when he got to the door Mr. Jacob Ater
told him he was one infernal liar. Longnecker called him a damed liar & a
damned loafer & started & came back – back where Mr. Ater was
sitting. The damned lie passed several times. Mr. Ater rose to his feet &
stepped back from Mr. Longnecker & raised a chair. Mr. Longnecker told
him not to strike him with the chair & stepped forward & stabbed Mr.
Ater at the same time Mr. Ater struck at Mr. Longnecker also but I think he
did not hit him. Mr. Ater then turned to Mr. Kerr & said he had stuck him
at the same time Mr. Longnecker turned round & walked out of the store.
Mr. Kerr came from behind the counter & asked Mr. Ater to sit down, which
he did & bled very freely. Doctor Ward came in and said he would die.
They then raised him from the chair and layed him on the floor where he died
but a few moments
J.A. Hill
Subscribed & sworn to before me this 19th day of April 1854
T.C. Stewart, J.P.P.C.
Jacob Piatt being duly sworn according to law deposeth & saith
I was in the store room occupied by W.D. Kerr and myself. Jacob Ater
was in. David Longnecker came in and started out. Mr. Ater said something to
Longnecker when some insulting language such as a damn liar, damned dog, etc.
passed between them, both participating, Longnecker said to Ater not to draw
that chair on him, upon which some more words passed. I turned to walk to the
back of the store don’t think I saw either strike, I heard the lick and Dave
Longnecker jump back from Ater or else Ater pushed him back. I don’t know
whidch, Ater turned around to Mr. Kerr and said he stuck me and called for
Dr. Ward. I went after Ward. Ater was bleeding profusely when I returned, and
died a few minutes after . I did not see Ater draw the chair
Jack Piatt
[jurat missing]
G.W. Reed being duly sworn according to law saith
I was sitting in Mr. Piatt & Kerr’s store on the evening above
mentioned and Mr. David Longnecker came in and spoke to M.r Piatt and turned
around and went to the door, about the time he got to the door Mr. ter told
him that he was a damn liar, with that Mr. Longnecker told him he was a
damned loafing scoundrel and came back to Mr. Ater and then Mr. Ater told Mr.
Longnecker he was a liar and then Amr. Longencker told him he was a damned
liar and then Mr. Ater got up of his seat and stepped back to a chair and
told Mr. Longnecker not to tell him he was a damned dog and then Mr. Longnecker
repeated it again. With that Mr. Ater turned round and raised the chair in an
attitude of striking when Mr. Longnecker sturck him a blow on the left
[illegible] and stepped back and said don’t raise a chair to me you damned
dog, about that time Mr. Ater turned round to Mr. Keen and told him he has
stuck me and enquired for doctor Ward. He mentioned the doctor’s name some
two or three times and then expired in a very few minutes.
G.W. Reid
I see no weapon in the hands of Mr. Longnecker at the time he struck
Mr. Ater
GWR
[Jurat missing]
Josiah Reed being duly sworn according to law deposeth & saith
that
Monticello, Ill April 19th 1854
I was sitting in the store room occupied by Wm Car and Jacob Piatt
it was about half past 8 o’clock. I was sitting in front of the store Mr.
Ater came in sat down on the opposite side of the store from where I was
sitting. I sat there some few minutes I got from my chair and went in the
back [illegible]room where Mr. Car was I stayed there a few minutes and Mr.
Car and myself came out of the room after we came out of the room I
discovered there was some difficulty between Mr. Longnecker & Mr.Ater Mr.
Longnecker called amr. Ater a damn loafing scoundrel as well as I recollect
the was both on their feet as Mr. Car and myself came out of the rom Mr Ater
drew the chair back as though he intended to strike with it Mr. Longnecker
said to Mr. Ater don’t you strike me with a chair you damn dog you This was
the word as well as I recollect and as he said this he struck Mr. Ater I
suppose if he had not fell against the counter he probably would fell to the
floor I did not see any weapon Mr. Ater turned round to Mr. Car and said to
him he stuck me.
Josiah Reid.
Subscribed & sworn to before me this 19th April 1854 –
T.C. Stewart, J.P.P.C. –
We the undersigned jury called & being duly sworn according to
law to hold an inquest over the body of Jacob Ater deceased, would render the
following verdict, to wit:
That he came to his death by a wound inflicted by David Longnecker
(supposed to be by a knife) on the 19th day of April 1854 in the house
occupied by Messrs Piatt & Kerr as a store in Monticello Piatt County and
State of Illinois
April 19th 1854
James McReynolds, foreman of the jury; [eleven additional
signatures]
Attest T.C. Stewart J.P. & Coroner for the time being of said
county –
[Endorsement]
Evidence before Coroner’s Inquest, People vs D. Longnecker
Filed 25 April 1854
A.G. Boyer, Clk
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31749
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4/20/54
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AFFIDAVIT FOR ARREST
WARRANT
State of Illinois Piatt County ss
Before me Thomas C. Stewart, one of the Justices of the Peace for
said county personally came Abraham Rizer who being duly sworn according to
law deposeth and saith that on or about the nineteenth day of April (AD) in
the year one thousand eight hundred & fifty four. That one David
Longnecker late of the county aforesaid, did on or about the nineteenth day
of April AD 1854 at the County of Piatt & State aforesaid, with malice
aforethought, against the peace & dignity of the people of the State of
Illinois take the life of one Jacob Ater by inflicting a wound (supposed to
be by a knife) on the 19th day of April AD 1856 on the body of said Jacob
Ater in the house occupied by Messrs Piatt & Kerr as a store in
Monitcello, Piatt County and State of Illinois – And this deponent says he
verily believes that one David Longnecker is guilty of the fact charged and
further deponent saith not.
Abraham (his X mark) Rizer
Sworn to & subscribed before me at the County aforesaid this
20th day of April A.D. 1854
T.C. Stewart J.P.P.C.
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30751
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4/20/54
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ARREST WARRANT
State of Illinois Piatt County ss
The People of the State of Illinois to all Sheriffs Coroners &
Constables of said County & State, Greeting
Whereas complaint has been made before me on of the Justices of the
Peace in and for said County & State aforesaid uon the oath of Abraham
Rizeor that one David Longnecker late of the County aforesaid, did on or
about the nineteenth day of April A.D. 1854 at the County of Piatt &
State aforesaid, with malice aforethought against the peace & dignity of
the Pople of the State of Illinois, take the life of one Jacob Ater by
inflicting a wound (supposed to be by a knife) on the 19th day of April A.D.
1854 on the body of said Jacob Ater, in the house occupied by Messrs Piatt
& Kerr as a store in Monticello, Piatt County and State of Illinois –
These are therefore to command you to take the said David Longnecker
if he be found in your county or if he shall have fled that you pursue after
the said David Longnecker into any other county within this state and take
and safely keep the said David Longnecker so that you have his body forthwith
before me, in case of my absence, before some other Justice, to answer the
said Complaint and be further dealt with according to law.
Given under my hand and seal this 20th day of April in the year one
thousand eight hundred & fifty four
T.C. Stewart J.P.P.C. #seal#
Served the within warrant according to law by reading to the within
Defendant this 20 April 1854 & bringing the body of the said D.
Longnecker forthwith into Court this 22nd day of April 54
W Service ₵ 50
W Return 10
60
Samuel Morain Shff Piatt Co Ill
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30751
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5/16/54
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CAPIAS
State of Illinois Piatt County } ss
The People of the State of Illinois to the Sheriff of Piatt County
greetings
We command you that you take the body of David Longnecker &
bring him forthwith before the Circuit Court of the county aforesaid now in
session to answer to an Indictment found against him by the Grand Jury of
said County at its present session (May 1854) for Murder.
And have you then and there this writ
Witness A.G. Boyer, Clerk of our said Circuit Court, at Monticello,
this 16th day of May A.D. 1854
A.G. Boyer, Clerk
[On Reverse] The People vs David Longnecker
Capias
Returned & filed this 16th May 1854
A.G. Boyer, Clerk
Received this writ May 16th 1854 and executed the same according
Taking the body of David Longnecker and in to court May 16th 1854
Samuel Morain Sheriff P Co Illinois
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30759
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5/16/54
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COURT MINUTES
This day came the Grand Jury into open court & presented the
following indictment, endorsed by their foreman
People vs David Longnecker} Indict for Murder. A True Bill John
Hughes, Foreman
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49920
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5/16/54
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RECOGNIZANCE
The People of the State of Illinois vs David Longnecker} Indictment
for Murder
And afterwards, to wit: on the same day came the People by their
attorney E. Rush & the defendant in his own proper person having been
arrested and arraigned in open court. And on the Indictment aforesaid pleads
not guilty – And waives copy of Indictment, list of witnesses and list of
Grand Jurors. And by consent of the States Attorney the said David Longnecker
is let to bail. The amount of bail being fixed by the Ccourt in the sum of
two thousand dollars, and thereupon came the said David Longnecker, Charles
W. Harris, A.W. Cochran, W.P. Rozer, Moses Tharpe, Ray J. Harris, Les Morgan,
Sam [illegible], John F. Tenbrook, J.V. Williams, Wm Buffett, Wm Wright, John
Hughes, & George Albery who severally acknowledged themselves to owe and
be indebted to the People of the State of Illinois in the sum of two thousand
dollars to be levied of their respective goods & chattels, lands &
tenements, yet upon the condition that if the said David Longnecker should
personally be and appear before the circuit court of Piatt County on the
first day of the next term thereof to answer to an indictment pending in said
court for murder and shall abide all the orders of the court to be made
therein, and shall not depart without leave of said court, then this
recognizance to be void, otherwise to remain in full force
And by consent of the States Attorney & the counsel for the
defendant: It is ordered by the court that this cause be continued until the
next term of this court –
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49921
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10/17/54
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AFFIDAVIT FOR CONTINUANCE
State of Illinois Piatt County} SS
David Longnecker being duly sworn on his oath saith that in the case
now pending in the Circuit Court of Piatt County wherein the People of the
State of Illinois are plaintiffs and the affiant is defendant on an
indictment for murder the affiant cannot go to trial at this term of the
court on account of the absence of three material witnesses by the names of
Joseph Read Dan McMillan and Thomas. C Stuart. The said Joseph Read was
recognized at the last term of the said court on behalf of the People to
appear at this term of this court to testify in said case. The affiant had
expected that the said Read would have been here at this term of the court so
that the affiant could have availed himself the testimony of said Read. The
affiant expects to prove by said Read that at the time the pretended homicide
was committed by affiant the on the body of Jacob Ater the said Ater had a
deadly weapon drawn to strike down an[d] commit a great bodily harm on the
affiant and that the affiant only acted in self defense in the [encounter]
that resulted in the death of the said Ater. The affiant does not know where
the said Read now resides but he expects to find out his residence by the
next term of this court and be able to avail himself of the testimony of said
Read on the trial of said case. The affiant further needs the said Dan
McMillan one lives in the County of ____________ State of Ohio and affiant
has been unable to procure the attendance of the said McMillan at this term
of court but expects to be able to do so at the next term of the court.
Affiant expects to prove by said McMillan that on the nite of the pretended
homicide the affiant and the said McMillan spent the time together for
several hours up to within a few moments of the said [encounter] and that
affiant conduct was of a peaceable [illegible] and that the said Ater was not
allude to in any way. The affiant expect to prove by the said Stuart that the
said Ater was a desperate character and had feelings of hatred &
malignancy against the affiant and a few days before the said [encounter] the
said Ater told the said Stuart that he would take the life of affiant and
that the said Stuart warned the affiant that the said Ater would take
affiant’s life and that the said communication was made to affiant a few days
previous to the [encounter], the said Stuart has removed to the Territory of
Kansas [illegible] so that his testimony cannot be had at this term of the
court, but the said Stuart promised to come and attend court when the affiant
should send him word. And the said Stuart further promised to send a letter
to affiant of his location so that affiant could communicate with said Stuart
and notify him to attend but the said Stuart has not yet written to affiant
The affiant expects that said Stuart will inform him of his location and that
he will attend at the next term of this court the said Stuart has been
subpoenaed to attend at this term of the court and affiant desires the said
Stuart to remain warning him of the great importance of his evidence for the
affiant but said witness said he could not possibly attend at this term. The
affiant states that he relies especially upon the evidence of the three above
witnesses and cannot go to trial now without great hazard unless he can have
their evidence for his defense. This affidavit is not made for the purpose of
delay but that justice may be done in the case.
D. Longnecker
Subscribed and sworn to before me this 17th day of Oct 1854
A.G. Boyer, Clerk
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30765
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10/17/54
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COURT MINUTES
The People vs David Longnecker} Indictment for Murder
And now at this day came the People by their attorney E. Rush and
the defendant in his own proper person & by counsel, and on motion and
affidavit file by said defendant praying for a continuance of said cause on
the ground that he has material testimony to his defense in this case which
he has been unable to obtain at this term of the court, after making due
diligence to procure the same, without which testimony he could not safely
proceed to trial. It is ordered by the court that this cause be continued
until the next term of the court. And it is further ordered by the court that
the said defendant David Longnecker enter into new recognizances.
[Text of recognizance omitted]
The People vs David Longnecker} Indictment for Murder
And afterwards to wit: on the same day came [the witnesses and
entered into recognizances to appear at the next term of court]
It is further ordered by the court, and by agreement of the parties
hereto, that the deposition of J.A. Neils one of the witnesses in the above
entitled cause, be taken & read in evidence.
And by consent of the States Attorney & the counsel for the
defendant
It is ordered by the court that this cause be continued until the
next term of this court –
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49924
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5/22/55
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PETITION FOR CHANGE OF
VENUE
State of Illinois, Piatt County} May term of the Piatt Circuit Court
AD 1855
The Petition of David Longnecker showeth unto Charles Emerson Judge
of the 17th Judicial Circuit in and for the County of Piatt State of
Illinois. That there is pending in this court an Indictment against him the
said David Longnecker as follows “The People of the State of Illinois vs Davd
Longnecker Indictment for Murder” and this petition further showeth to your
honor that he cannot proceed to trial in this county because he fears that he
cannot secure a fair and impartial trial in the court on account that the
minds of the inhabitants of this county due to the county aforesaid being so
prejudicial against him to prevent it – Your petitioner further showeth unto
your honor that the causes afore stated for the change of venue has come to
the knowledge of this petitioner within the last ten days. Your petitioner
was never satisfied of the existence of the fact fully before the last ten
days, your petitioner therefore prays that the above cause may be taken to
Macon County or some other county where the causes complained of do not
exist.
D. Longnecker
Subscribed and sworn to before me this the 21st day of May 1855
A.G. Boyer, Clerk
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30774
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5/22/55
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COURT MINUTES
The People vs David Longnecker} Indictment for Murder
And now at this day came the people by E. Rush their attorney, and
the defendant David Longnecker in his own proper person & by counsel,
& files his petition and affidavit praying for a change of venue in this
cause on the ground that he fears that he will not receive a fair trial in
this county on account of the inhabitants of said county being prejudiced
against him –
It is therefore ordered by the court that the venue of this cause be
changed from this county to the County of Macon,
And on motion of the people’s attorney, it is ordered by the court
that the defendant David Longnecker be required to give new bail in the sum
of two thousand dollars.
[Recognizances omitted]
It is therefore ordered by the court that the clerk of this court
transmit a certified copy of the papers and all orders and proceedings in
this cause to the Clerk of the Macon County Circuit Court
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49927
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5/28/55
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COURT MINUTES
The People vs David Longnecker} Indictment for Murder, Change of
Venue from Piatt County
This day came the People by their attorney and the said defendant in
proper person, who as appears from the record and proceedings had in this
cause in the Piatt Circuit Court was there arraigned and pleaded not guilty
to the charges preferred in the Indictment, and there waived copy of
Indictment list of witnesses and jurors. And the said defendant now enters
his motion verified by affidavit for a continuance of his cause which is
granted by the court, the amount of Bail being fixed by the Court in the sum
of two thousand dollars. And thereupon came the said David Longnecker, Reuben
Bowman, William Bruffitt and William P. Smith, who in open court severally
acknowledged themselves to owe and be indebted to the People of the State of
Illinois in the sum of two thousand dollars to be levied of their respective
goods and chattels, lands and tenements, yet upon this condition That if the
said David Longnecker shall personally be and appear before the Circuit Court
of Macon County on the first day of the next term thereof to answer to an Indictment
pending in said court for Murder on change of venue from Piatt County and
shall abide all the orders of the court to be made therein and shall not
depart said court without leave of said court, then this recognizance to be
void otherwise to remain in full force.
It is ordered by the court that the cause be continued to the next
term of this court.
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30743
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5/28/55
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AFFIDAVIT FOR
CONTINUANCE
State of Illinois, Macon County} May term of the Macon Circuit Court
May term AD 1855
The affidavit of David Longnecker who being duly sworn according to
law upon his oath saith that there is now pending with this court by change
of venue from Piatt County the following cause the People of the State of
Illinois vs David Longnecker, Indictment for Murder. This affiant further
showeth that he cannot now proceed to trial in said cause for the following
causes, the venue was changed from the Piatt Circuit Court some seven days
previous to the term of this court that the papers accompanying the change of
venue in said cause have only been filed in Macon Court this day and this
affiant has not had sufficient time to have subpoenas issued to his witnesses
who all reside in different counties – This affiant further states that at
the time the Murder is charged to have been committed upon the person of one
Jacob Ater in said indictment the same Jacob Ater was in the act of striking
a deadly blow upon the person of this affiant with a deadly weapon that the
said Jacob Ater [illegible] and began the quarrel with this affiant and made
the first assault upon this affiant that the said Jacob Ater was in the act
of committing a great bodily injury upon the person of this affiant all of
which facts this affiant expects and verily believes he can fully prove by
one George Read who now resides either in the State of Ohio or New York and a
subpoena could not have been served upon him even had one been issued in this
court since the venue has been changed to this county.
David Longnecker
Subscribed & sworn to before me this 28 May 1855
Wm Prather clk
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30779
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8/14/55
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WRITTEN INTERROGATORIES
State of Illinois Macon County } The People of the State of Illinois
TO The Clerk of the Circuit Court of Lucas County, State of Iowa
Know you, that trusting to your fidelity and circumspection, we do
hereby authorize and require you to cause to come before you at such time and
place as you may designate Thomas Stewart Witness on the part of Defendant
in a certain matter or controversy now depending in our Circuit Court of
Macon County, in which the People of the State of Illinois is
Plaintiff and David Longnecker is Defendant and then and there
diligently examine the said witness upon his corporal oath touching
the said controversy, upon all and singular the Interrogatories hereto
attached, as well on the part of the Plaintiff as the Defendant, that you
reduce to writing each of the said Interrogatories in the order in which they
are propounded, together with the answers of said witness, and certify the
same to our said Court under your hand and seal,--returning also this writ.
Witness William Prather Clerk of our said Circuit Court at Decatur
in said County, this 14th day of August A.D. 1855, the
seal of said Court being hereto affixed.
Wm Prather, Clerk
State of Illinois, Macon County} Oct Term of the Macon Circuit Court
AD 1855
The People of the State of Illinois vs David Longnecker} Indictment
for Murder
Aug 1st 1855 for Elam Rust prosecuting attorney for the 17th
Judicial Circuit State of Illinois. Sir you please take notice that the
undersigned will attend before the Circuit Clerk of Macon County at his
office in Decatur, Macon County on the 14th day of August AD 1855 for the
purpose of issuing out a didemus potestatum to take the deposition of Thomas
Stewart now residing in Lucas County State of Illinois to be read in evidence
on behalf of the said David Longnecker [illegible] on the trial thereupon
said didemus potestatum will be directed to the Circuit Clerk of Lucas County
Iowa as a commissioner to take the deposition of the said Thomas Stewart when
and where you may if you choose attend at any time before noon of said day
and flie cross interrogatories.
Copy of Interrogatories
Interrogatory 1: Where do you reside
Int 2: What is your occupation
3: Where did you reside before moving to your present home
4: Was you acquainted with the Defendant in the afore entitled
[illegible] prosecution
5: was you acquainted with one Jacob Ater of Piatt County Ills
during his lifetime
6: Was you acquainted with the general character of said Ater for
good morals conduct and deportment if you state the same
Int 7th: Do you know anything about the means by which the said Ater
is said to have come to his death
8: Was you living in Piatt County Ills at the time the said Jacob
Ater was killed
9: Did you at any time before the death of the said Jacob Ater have
any conversation with him respecting the said David Longnecker
10: Did you at any time hear the said Ater make any threat against
the life or body of the said David Longnecker. If yes state fully and
particularly when it was & how long before his death and what he said
11: Did you ever communicate to the said David Longnecker what you
heard the said Ater say about him in his lifetime
12: Did you ever hear the said Ater say that he intended to take the
life of the said David Longnecker
13: When you communicated th threat to the said David Longnecker
which had been made by the said Ater if any what was the reply if any
14: Did you ever hear or see the said Ater shortly before his death
make any attempts movements or motions toward an assault or threaten to do so
upon the person of the said David Longnecker
15: State fully all you know further about the whole matter relating
to the death of the said Ater by the said Longnecker.
David Longnecker
|
30782
|
8/31/55
|
DEPOSITION
The deposition of Thomas Stewart of the County of Lucas State of
Iowa a witness 52 years old produced, sworn and examined before Samuel D.
Houston Circuit Clerk of Lucas County Iowa, a commissioner empowered to take
this deposition on the 31th day of August AD 1855 by virtue of a dedimus potestatum
issued by the Circuit Clerk of Macon County, Illinois to me directed for the
examination of the said Thomas Stewart, a witness in a case now pending in
the Macon County Circuit Court State of Illinois. Wherein the People of the
State of Illinois are plaintiffs and David Longnecker is defendant on an
indictment for murder.
First: To the first interrogatory the deponent says – I reside in
Lagrange Lucas County Iowa.
Second: To the second int – the deponent says I am engaged in the
mercantile business
Third: To the third int the deponent says – I resided in Monticello
Piatt County Illinois
Fourth: To the fourth interrogatory the deponent says – I was.
Fifth: To the fifth interrogatory the deponent says – I was
acquainted with him.
Sixth: [Marked out]
Seventh: To the seventh interrogatory the deponent says – I know
nothing about it personally only from hearing the testimony of others given
in the case.
Eighth: To the eighth interrogatory the deponent says – I was.
Ninth: To the ninth interrogatory the deponent says – I had.
Tenth: To the tenth interrogatory the deponent says – I heard him
make threats against the life & body of David Longnecker. I cannot state
the time positively, but it was a short time before Ater’s death. He (Ater)
said that he would take satisfaction out of him (Longnecker) and that he would cut or kick
his damned old guts out.
Eleventh: To the eleventh interrogatory the deponent says – I did.
Twelfth: To the twelfth interrogatory the deponent says – I did
not. I never heard him make any
threats only the one above stated.
Thirteenth: To the 13th interrogatory the Deponent says – He replied
but I do not recollect what the reply was.
Fourteenth: To the 14th interrogatory the Deponent says – I never
saw Ater make any attempt or motion towards assaulting Longnecker. I never
heard him make any threats but the one time as before stated.
Fifteenth: To the 15th Interrogatory the deponent says – I was not
present at the time of Ater’s death and know nothing about it from personal
observation.
T.C. Stewart
State of Iowa, Lucan County} The undersigned a commissioner
appointed to take the deposition of Thomas Stewart in said county, do hereby
certify that the foregoing deposition was taken by me at the time and place
in the caption mentioned and that the said witness was first duly sworn and
that the same was carefully read over to him and then signed by him.
Dated this 31st day of August AD 1855
Samuel D. Houston, Circuit Clerk of Lucas County Iowa
|
30783
|
10/30/55
|
COURT MINUTES
The People vs David Longnecker} Indictment for Murder, Change of
Venue from Piatt County
This day came the people by Elam Rust their attorney and the
defendant in his proper person and the issues being joined and the parties
ready for trial whereupon came a jury to wit: [twelve names] who being first
duly sworn to well and truly try the issues joined between the parties after
hearing the evidence retired to agree upon a verdict and returned into court
stating that they could not agree upon a verdict. It is therefore ordered by
the court that the jury be dismissed and that this cause be continued and
that the defendant enter into a recognizance with good and sufficient surety
in the sum of two thousand dollars for his appearance at the next term of
this court on the first day thereof. Whereupon came the same David
Longnecker, Wesley Hampton and Jacob Spangler who in open court severally
acknowledged themselves to owe and be indebted to people of the State of
Illinois in the sum of two thousand dollars to be levied of their properties
goods and chattels lands and tenements yet upon this condition. That if the
said David Longnecker shall personally be and appear before the Circuit Court
of Macon County on the first day of the next term thereof to answer to an
indictment pending in said court against for Murder, on change of venue from
Piatt County and shall abide all the orders of the court to be made therein
and shall not depart said court without leave of said court, then this
recognizance to be null and void otherwise to remain in full force
It is ordered by the court that this case be continued until the
next term of this court.
|
30745
|
6/3/56
|
COURT MINUTES
The People vs David Longnecker} Indictment for Murder, Change of
Venue from Piatt County
Now on this day came the people by Elam Rust their attorney and the
defendant in his proper person as well as by his attorneys and the issues
being joined and the parties ready for trial, whereupon came a jury to wit:
[twelve names] who being first duly sworn to well and truly try the issues
joined between the parties and after hearing the evidence retired to agree
upon a verdict and returned into court stating that the could not agree upon
a verdict, it is therefore ordered by the court that the jury be discharged.
|
30747
|
6/4/56
|
PETITION
In the Macon County Circuit Court, by Change of Venue from Piatt
The People of the State of Illinois vs David Longnecker} Indictment
for murder
We the undersigned members of the Bar of the court aforesaid,
understanding that there have been two successive mistrials of the above
prosecution in the first the jury standing six for a conviction of
manslaughter and six for an acquittal and in the second 5 for a conviction of
manslaughter and 7 for an acquittal do recommend to the States Attorney that
a Nolle Prosequi be entered in the case – June 4, 1857
A. Lincoln [& 14 other members of the bar]
|
3633
|
6/5/56
|
COURT MINUTES
The People vs David Longnecker} Indictment for Murder, Change of
Venue from Piatt County
Now on this day came the people by Elam Rust their attorney and
entered a nolle prosequi in this cause. It is therefore ordered by the court
that the defendant be discharged.
|
30748
|
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