Saturday, March 19, 2016

PEOPLE v JAMES DORMAN: TRANSCRIPT OF THE COURT FILE OF A MURDER CASE WON BY LINCOLN

Set forth below is a transcript which I made of the important documents in the court file from one of Lincoln's murder cases.

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 JAMES DORMAN: TRANSCRIPT OF COURT FILE
DATE
DOCUMENT
DOC #
03/17/45
Of the March term of the Sangamon Circuit Court in the year of our Lord 1845
State of Illinois
Sangamon County
The Grand Jurors chosen elected and sworn in and for the County of Sangamon in the name and by the authority of the People of the State of Illinois upon their oaths present:
That James Dorman on the twenty-fifth day of February in the year one thousand eight hundred and forty five at the County aforesaid with force and arms did go to the dwelling house of one Ellen Cox and did there and then unlawfully beat against the door of said dwelling house and did then and there unlawfully attempt to break in the said door and did then and there unlawfully attempt to force an entrance into the said dwelling house, That then and there the said Ellen Cox was in said dwelling house sick and weak of body from her being then and there in a state of pregnancy – and that by reason of the said unlawful beating against said door by said Dorman and said unlawful attempt by the said Dorman to beat and force an entrance into said dwelling house – the said Ellen Cox was compelled to make great physical efforts to prevent the said James Dorman from breaking into her said dwelling house, and was then and there greatly alarmed and frightened – of which said efforts alarm and fright the said Ellen Cox then and there became and was extremely sick. And by reason of said efforts alarm and fright the said Ellen Cox from the said twenty-fifth day of February in the year of eighteen hundred and forty five until the second day of March in the said year eighteen hundred and forty five at the County aforesaid by reason of the aforesaid unlawful beating and attempt to break into the said dwelling house, and by reason of the efforts of said Ellen Cox as aforesaid and the alarm and fright as aforesaid of the said Ellen Cox in the then condition of said Cox, she the said Ellen Cox died.
And so the Jurors aforesaid do say that the said James Dorman her the said Ellen Cox in the manner and by the means aforesaid unlawfully feloniously 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 said People of the State of Illinois.
J.A. McDougall, Atty Gen’l
A True Bill
Wm. Butler, Foreman
Witnesses: I.V. Owens-Little; Dr. F.A. McNeil; Dr. Frazier; Dr. Z.P. Cabiness; Isaiah Carruthers; Percival Lamb; L. Wm. Wallace; Wm. Wallace; Wm. McMathis; Mrs. I.S. Lamb; Miss Cox[illegible]
92306
03/17/45
Judge’s Docket:
Plaintiff’s Attorney: Attorney General
Defendant’s Attorney: Lincoln
Parties: People vs James Dorman
Action: Indict for Murder
Plea of not guilty.
Verdict not guilty.
107058
03/17/45
The Grand Jury returned into court and presented the following indictment, to wit: People against James Dorman – Indictment for Manslaughter. A True Bill, William Butler, Foreman.
92889
03/17/45
State of Illinois
Sangamon County
The People of the State of Illinois, to the Sheriff of Sangamon County, GREETING,
We command you, that you take the body of James Dorman and him safely keep, so that you have him forthwith before the Circuit Court of Sangamon County now in session in Springfield, to answer to an indictment found against him by the Grand Jury of said County of Sangamon for Manslaughter.
And have you then and there this writ.
WITNESS. John Calhoun, Clerk of our said Court at Springfield, this 17th day of March, AD 1845.
J.Calhoun, Clerk.
12726
03/26/45
In the Sangamon Circuit Court, March term 1845
State of Illinois
Sangamon County
James Dorman, the defendant in an Indictment for manslaughter pending in the circuit court of the county aforesaid, being first duly sworn, states on oath that he fears he will not receive a fair and impartial trial in the county aforesaid upon the indictment aforesaid on account that the minds of the inhabitants of the county aforesaid are prejudiced against him, and that affiant verily believes the minds of said inhabitants are so predisposed against him – He therefore prays this Honorable court for a change of venue, in the said cause, according to the provisions of the statute in such cases made and provided.
James O. Dorman
Subscribed and Sworn
to before me this 26th
day of March AD 1845
J. Calhoun, Clerk.
M. MacDonald D.C.
1556
03/26/45
The People of the State of Illinois, Plaintiffs
Against
James Dorman, Defendant
Indictment for Manslaughter
This day came as well the People by the Attorney General as the defendant in proper person and by his Counsel, and the said defendant being furnished with a copy of the indictment and a list of the jurors and witnesses herein and being arraigned, for plea saith that he is not guilty in manner and form as charged in the indictment and of this he puts himself upon the Country and the People do the like. Whereupon the defendant files his affidavit and enters his Motion for a Change of Venue on the ground of prejudice in the minds of the inhabitants of Sangamon County against him, and the Court having heard the same, it is ordered that the venue in this cause be changed to the County of Menard. And that the Clerk transmit to the Clerk of the Circuit Court of Menard County a transcript of the record together with all the original papers in this cause.
It is further ordered that the Sheriff take bail of the said defendant in the sum of five hundred dollars and that the defendant be remanded to jail until he shall give bail as aforesaid.
9244
06/11/45
Judge’s Docket
Defendant’s Attorney: Lincoln & Herndon
Parties: The People vs James Dorman
Action: Indict for Manslaughter – Change of venue from Sangamon Co.
Jury Sworn and Verdict of Not Guilty
12733
06/11/45
Clerk’s Docket
The People vs James Dorman – Change of Venue from Sangamon County
Wm. Armstrong; Alvin Ringo; Christopher Arterbury; James Purkepile; Martin Wardle; Jacob C. West; Wm. Smedley; Wilson M. Taylor; John Martin; George Nance; Marshall King; James Bracken. Verdict Not Guilty.
13436
06/11/45
The People of the State of Illinois vs James Dorman – Indict for Manslaughter – On change of venue from Sangamon County
This day came the People by the Attorney General and the Defendant in proper person and by his counsel and issue having been joined therefore came a jury, to wit: Wm. Armstrong; Alvin Ringo; Christopher Arterbury; James Purkepile; Martin Wardle; Jacob C. West; Wm. Smedley; Wilson M. Taylor; John Martin; George Nance; Marshall King; James Bracken, who being elected tried and sworn well and truly to try the issue joined for verdict say the defendant is not guilty. It is therefore ordered that the defendant be discharged and he go hence without day.
12736

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