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 DAVID THOMPSON: TRANSCRIPT OF
THE COURT FILE
FROM A MURDER CASE DEFENDED BY LINCOLN
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DATE
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DOCUMENT
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DOC. #
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9/27/55
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COURT MINUTES
People vs David Thompson | for Murder
Norman H. Purple, Henry Grove, & John Clark assigned as counsel
Committed to jail & continued
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57218
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9/25/55
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INDICTMENT
Of the September Term of the Woodford Circuit Court in the Year of
Our Lord Eighteen Hundred and fifty five
State of Illinois, Woodford County } ss
The Grand Jurors chosen selected and sworn in and for the county of
Woodford in the name and by the authority of the People of the State of
Illinois upon their oaths present that on the third day of August in the year
of our Lord Eighteen Hundred and fifty five
at the county of Woodford in the State of Illinois aforesaid David
Thompson 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 Patrick Morgan in the peace of God and the people
then and there being, feloniously, willfully, and of his malice aforethought
did make an assault and that the said David Thompson a certain shotgun of the
value of ten dollars then and there loaded and charged with gunpowder with
gunpowder and twenty leaden grain shot and ten buck shot (which said shotgun
he the said David Thompson in his two hands then and there held) to, against,
and upon the said Patrick Morgan then and there feloniously willfully and of
his malice aforethought did shoot and discharge; and that the said David
Thompson with the leaden shot aforesaid out of the shotgun aforesaid then and
there by force of the gunpowder and shot sent forth as aforesaid, the Said
Patrick Morgan in and upon the right side of the neck and a little below the
right ear of him the said Patrick Morgan, then and there feloniously,
willfully, and of his malice aforethought did strike penetrate and wound giving
to the said Patrick Morgan then and there with the leaden shot aforesaid, so
as aforesaid shot discharged and sent forth out of the pistol aforesaid by
the said David Thompson in and against the right side of the neck of him the
said Patrick Morgan a little below the right ear of him the said Patrick
Morgan one mortal wound of the depth of six inches and of the breadth of two
inches; of which said mortal wound the said Patrick Morgan from the third day
of August in the Year aforesaid until the fourteenth day of the same month
August in the year aforesaid at the county aforesaid did languish, and
languishing did live, on which said fourteenth day of August in the year
aforesaid the said Patrick Morgan at the county aforesaid of the said mortal
wound died. And so the jurors aforesaid upon their oaths aforesaid thus say
that the said David Thompson the said Patrick Morgan 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 said 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 that that in the day
and year last aforesaid at the county and state aforesaid David Thompson 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 Patrick Morgan 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 David Thompson with a certain pistol of the value of five
dollars then and there loaded and charged with gunpowder and twenty leaden
shot (which pistol he the said David Thompson in his right hand then and
there held and had) to, against, and upon the said Patrick Morgan then and
there feloniously willfully and of his malice aforethought did shoot and
discharge; and that the said David Thompson with the leaden gunshot aforesaid
out of the pistol aforesaid then and there by force of the gunpowder and shot
sent forth as aforesaid, the Said Patrick Morgan in and upon the right side
of the neck and a little below the right ear of him the said Patrick Morgan,
then and there feloniously, willfully, and of his malice aforethought did
strike penetrate and wound giving to the said Patrick Morgan then and there
with the leaden gunshot aforesaid, so as aforesaid shot discharged and sent
forth out of the shotgun aforesaid by the said David Thompson in and against
the right side of the neck of him the said Patrick Morgan a little below the
right ear of him the said Patrick Morgan one mortal wound of the depth of six
inches and of the breadth of two inches; of which said mortal wound the said
Patrick Morgan from the third day of August in the Year aforesaid until the
fourteenth day of the same month August in the year aforesaid at the county
aforesaid did languish, and languishing did live, on which said fourteenth
day of August in the year aforesaid the said Patrick Morgan at the county
aforesaid of the said mortal wound died. And so the jurors aforesaid upon
their oaths aforesaid thus say that the said David Thompson the said Patrick
Morgan 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 said people
of the State of Illinois.
Amzi McWilliams, State Attorney
Woodford Circuit Court, Sept. 1855
The People vs David Thompson } Indict for Murder
Filed Sept. 25, 1855, Peter Doty, Clerk
A True Bill, Jefsn. Hammond, Foreman of the Grand Jury
Witnesses for Prosecution: Joel Pruitt; David Degan; Samuel Nock; Jr
English; Martin Parker; [illegible]
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57215
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4/22/56
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JUDGE’S DOCKET
State’s Attorney: Amzi McWilliams
Def’s Attorney: Norman H. Purple, Henry Grove, & John Clark
People vs David Thompson | for Murder
Arraigned & pled not guilty – Copy of Indictnt & list of
Jurors & witnesses furnished – Jury sworn – Verdict guilty of
Manslaughter and to serve in Penitentiary eight years.
Sentenced to Penetentiary for Eight years – 22nd 24 hours in
Solitary Confinement, residual time hard labor.
The Shf to have 10 days to convey him over to Alton –
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57224
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4/22/56
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VERDICT
We the jury do find the Defendant guilty of manslaughter and agree
he shall serve eight years in the State prison
Samuel Bliss; Samson Maxwell; Ruben R. Grady; John Snider; Wm. T.
Atterbery; Anderson Van[illegible]; Cyrus Nesmith; Joseph Brubaker; James N
Finley; Andrew J Kirby; H.F. Caton; N. F. Switzer
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57226
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4/22/56
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ABSTRACT OF TESTIMONY
People vs. Thompson; Abstract of Testimony
I Joel Pratt swore I saw a great confusion at Morgan Frazier and I
ran and met Thompson at the road and Thompson said he had shot a man. I went
in to the house and found Morgan shot and I helped him. Morgan on the bed I
supposed he would die.
I Daniel [illegible] swore that I was in the house that Morgan lived
in and I heard the report of a gun saw Morgan fall down the stairs shot and
in a few minutes Thompson came down and said if any one wanted to [illegible]
him opened his breast and said he was ready. This was about the 3 of August.
Morgan died in about two weeks. I saw him after he was dead.
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57225
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4/22/56
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COURT MINUTES
The People vs David Thompson } Indicted for Murder
This day came the People by A. McWilliams their attorney – and the
defendant by N.H. Purple, Lincoln, and John Clark his attorneys. And on
Motion of the defendant by his attorneys a copy of the Indictment and a list
of the jurors and witnesses was furnished to the defendant.
Thereupon the defendant being arraigned plead Not Guilty and
thereafter came the following jury to wit: Anderson Van[illegible]; Samuel
Bliss; Andrew J. Kirby; John Snider; Cyrus Nesmith; Joseph Brubaker; Nathan
F. Switzer; Ruben R. Grady; H.F. Caton; Wm. Atterbery; James Finley; and Samson Maxwell;
who being sworn well and truly to try the issue joined between the People and
the defendant – after hearing the evidence and arguments of counsel retired
to consider of their verdict in charge of a sworn officer.
And afterwards came into court with the following verdict We the
Jury do find the defendant Guilty of Manslaughter and that the serve in the
Penitentiary for the period of Eight Years. And the defendant saying
nothing why the Judgment of the court should not be pronounced on the verdict
of the jury
It is therefore ordered and adjudged by the court that the defendant
be imprisoned in the state penitentiary at Alton for the period of Eight
Years – that of said time he shall be placed in twenty four (24) hours in
Solitary confinement and the residue thereof at hard labor – and that the
Sheriff of Woodford County have ten days from the adjournment of the court to
convey said prisoner and deliver him to the warden of the penitentiary at
Alton. It is further ordered that the defendant pay the cost of this
prosecution and that execution [illegible] therefor
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5221
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4/30/56
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RECEIPT
Illinois Penitentiary Alton April 30th 1856
Received from George Ray Sheriff of Woodford County Illinois: the
body of David Thompson who was tried, convicted and sentenced at the April
term 1856 of the Circuit Court of said County holden at Metamora
S.A. Buckmaster, Warden of the Penitentiary, J Woolsey
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5222
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