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 DELNY: TRANSCRIPT OF COURT FILE
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DATE
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DOCUMENT
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DOC.#
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5/8/53
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WRIT
OF MITTIMUS
State of Illinois, Tazewell County} The People of
the State of Illinois to any Constable of Said County and to the Keeper of
the common jail of said County
Whereas Thomas Delny has been arrested and
brought before T.V. Pinkham one of the Justices of the Peace of said county,
charged on the Oath of Paul N. Rupert with having on the seventh day of May
1853 committed or attempted to commit a Rape on the person of Jane Ann Rupert
who is under the age of Ten years, and the said Justice of the peace being
assisted with him James Harriot, a neighboring Justice of the Peace of said
county and they having taken the examination of the witnesses and considered
the proof adduced and the testimony thereon did adjudge that the said offense
had been committed and the said Thomas Delny was gujilty of the charge exhibited
against him, and required to enter into Recognizance with good and sufficient
Sureties in the Sum of Two thousand dollars for his personal appearance at
the present term of the circuit court now being held in the county of
Tazewell, with which requisition the said Thomas Delny has failed to comply.
We therefore command you the said constable,
forthwith to convey the said Thomas Delny to the common jail of the said
county and deliver him to the Keeper thereof and you the said Keeper are
hereby required to receive the said Thomas Delny into your custody in the
said jail, and him safely keep for the want of Sureties, until he be
discharged by due course of law
Witness the said T.V. Pinkham and James Harriott
Justices of the Peace of Tazewell County this 8th day of May 1853.
T.V. Pinkham J.P.
James Harriott J.P.
People vs. Thos Delny
Mittimus
Bail Ought to be taken in the sum of Two Thousand
Dollars
T.V. Pinkham J.P.
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45695
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5/9/53
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COURT
MINUTES
Ordered, that Abraham Lincoln, Esq., act as Prosecutor for the People during the remainder of this present term.
And now this day comes into Court the Grand Jury and made the following Presentment
The People of the State of Illinois vs Thomas
Delny} Indictment for Rape
Indorsed a True Bill
David Mark, Foreman of the Grand Jury
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45697
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5/9/53
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INDICTMENT
Of the May term of the Tazewell county circuit
court in the year of our Lord Eighteen hundred and fiftythree
State of Illinois, Tazewell County} SS
The Grand Jurors chosen, selected and sworn, in
and for the county of Tazewell aforesaid, in the name and bu the authority of
the People of the State of Illinois, upon their oaths present, that Thomas
Delny late of the county aforesaid, on the seventh day of May in the year of
our Lord one thousand, eight hundred and fiftythree, with force and arms, at
the county aforesaid, in and upon Jane Ann Rupert, a female in the peace of
the People aforesaid, then and there being, violently and feloniously did
make an assault, and her the said Jane Ann Rupert then and there violently, and
against her will, feloniously did ravish and carnally know; 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.
Lincoln Attorney, pro tem
And the Grand Jurors aforesaid, in the name, and
by the authority aforesaid, upon their oaths aforesaid do further present
that Thomas Delny, a male person above the age of fourteen years, late of the
county aforesaid, on the seventh day of May in the year of our Lord one
thousand eight hundred and fiftythree with force and arms, at the county
aforesaid, in and upon Jane Ann Rupert, a female child under the age of ten
years, towit of the age of seven years, in the peace of the People aforesaid,
then and there being, feloniously did make an assault, and her the said Jane
Ann Rupert, then and there feloniously did unlawfully anad carnally know,
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.
Lincoln Attorney, pro tem
A True Bill
David Mark
Foreman of the Grand Jury
Witnesses –
Jane Ann Rupert
Paul N. Rupert
Joseph S. Maus
Dr. L.A. McCook
Catherine Rupert
Joseph C. [?]insey
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54854
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5/10/53
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JUDGE’S
DOCKET
A special Grand Jury sumond Monday 2nd week &
Bill found
List of Jurors & witnesses waived – Copy of
Indictment furnished
Arraigned – Pleads Not Guilty – Jury Sworn
verdict guilty – confinement penitentiary [illegible] – arraigned for
sentence – Judg of Court – to be confined in Penitentiary for 18 years – one year
of solitary confinement – Residue at hard labor – Shf to have keep & convey
him to Alton
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45703
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5/10/53
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COURT
MINUTES
People of the State of Illinois vs Thomas Delny}
Indictment for Rape
This day came as well the People by their
attorney and the said Defendant in proper person who having been furnished
with a copy of the indictment and list of the witnesses for plea to the Indictment
saith that he is not guilty as charged in the Indictment; and of this he puts
himself upon the Country and the People doth the like, whereupon came a Jury
to wit: [lists twelve barely legible names], twelve good and lawful men, and
elected tried and sworn to try Said issue; and having heard the proof and
allegations & the [illegible] and argument of counsel there, for verdict
say we the Jury find the Defendant guilty in manner and form as charged in the
Indictment and we determine that he be confined in the Penitentiary of the
State of Illinois for the term of eighteen years – And now the said Defendant
Thomas Delny saying nothing why the sentence of the law should not be
pronounced against him, it is therefore ordered by the Court that in
[illegible] of the verdict of the Jury the said Thomas Delny be imprisoned in
the Penitentiary of the State of Illinois at Alton for the term of eighteen
years, one year of the term in solitary confinement, and the remainder at
hard labor – And that he pay the cost of this proceeding –
It is further ordered that the Sheriff of
Tazewell County further [illegible] from [illegible] convey the said Delny to
the Penitentiary of the State of Illinois at Alton and deliver him to the proper
officer having charged thereof.
Ordered the Court adjourned till tomorrow morning
at nine o’clock
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45700
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5/10/53
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JURY
VERDICT
We the Jury find the Defendant guilty in manner
and form as charged in the Indictment and we determine that he be confined in
the Penitentiary of the State of Illinois for the term of eighteen years
Zachariah Phillips
John Waldon
James Fuller
David Shay
[illegible]
Daniel Hedgson
William [illegible]
John S. [illegible]
[illegible]
William Booth
E.B. Morse
Henry H. [illegible]
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45702
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