Wednesday, March 23, 2016

PEOPLE v MOSES LOE: TRANSCRIPT OF A MURDER CASE DEFENDED BY LINCOLN

Set forth below is a transcript which I made of the important documents in the court file from a murder case defended by Lincoln.

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. MOSES LOE: TRANSCRIPT OF COURT FILE & PARDON PAPERS
DATE
DOCUMENT
DOC.#
9/1/52
INDICTMENT
Of the August Term of the Sangamon Circuit Court in the year of our Lord Eighteen hundred and fifty two
State of Illinois, Sangamon County} ss
The Grand Jurors chosen selected 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 on the thirtieth day of August in the year of our Lord Eighteen hundred and fifty two and before the finding of the indictment at the County of Sangamon in the State of Illinois aforesaid Moses Loe with force and arms in and upon the person of one James Gray in the peace of God and the people then and there [illegible] and unlawfully feloniously and willfully and of his malice aforethought did make an assault and that the said Moses Loe with a certain knife of the value of six cents which he the said Moses Loe in his left right hand then and there had and held the said James Gray in and upon the right side of the neck of him the said James Gray then and there unlawfully feloniously and willfully and of his malice aforethought did strike and thrust giving to the said James Gray then and there with the knife aforesaid in and upon the right side of the neck of him the said James Gray one mortal wound of the breadth of one inch and of the depth of one inch of which said mortal wound the said James Gray then and there instantly died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Moses Loe the said James Gray in manner and form aforesaid unlawfully feloniously and 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 [illegible] 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 on the day and year aforesaid and before the finding of this indictment at the County and State aforesaid Moses Loe in and upon one James Gray in the peace of the people then and there being unlawfully feloniously willfully and of his malice aforethought did make an assault and that the said Moses Loe with a certain knife of the value of six cents which eh the said Moses Loe in his left right hand then and there had and held the said James Gray in and upon the right side of the neck of him the said James Gray then and there unlawfully feloniously willfully and of his malice aforethought did strike and thrust giving to the said James Gray then and there with the knife aforesaid in and upon the said right side of the neck of him the said James Gray one mortal wound of the breadth of one inch and of the depth of one inch of which said mortal wound the said James Gray from the said thirtieth day of August in the year aforesaid until the thirty first day of same month of August in the year aforesaid at the county and state aforesaid did languish and languishing did live on which said thirty first day of August in the year aforesaid and before the finding of the indictment the said James Gray in the County and State aforesaid of the said mortal wound died, and so the Grand Jurors aforesaid upon their oaths aforesaid do say that the said Moses Loe the said James Gray in manner and form aforesaid feloniously willfully unlawfully 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
Campbell, State Atty
A True Bill
Elijah Iles, foreman of the Grand Jury
Filed Sept 1, 1852
Witnesses
Williamson Nipper; Alma Jane Nipper; William Rhea; Edwin D. Meacham; John Breckinridge; James S. Carter, Ira Parker
121633
9/4/52
AFFIDAVIT FOR CHANGE OF VENUE
State of Illinois, Sangamon County} ss
Moses Loe, the defendant to a certain indictment for murder 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 on said indictment in the circuit court of the county aforesaid, where the trial is pending, on account that the minds of the inhabitants of said county wherein said trial is pending are prejudiced against him, he therefore prays the court to award him a change of venue to the next nearest county where the cause aforesaid does not exist.
Moses X Loe (his mark)
Subscribed and sworn to before me this 4th day of September, 1852.
B. Lawton
54856
9/4/52
COURT MINUTES
The People of the State of Illinois against Moses Loe} Murder
And now at this day came the said People by their attorney and as well the said defendant in proper person and by Counsel and the said defendant being furnished with a copy of the Indictment and a list of the jurors and witnesses [illegible] and being arraigned for plea says that he is Not Guilty in the manner and form as charged in the said Indictment and of this he puts himself on the Country and the People do the like and thereupon the said defendant files his petition and moves the court that the venue herein be changed and thereupon by agreement of parties he venue herein is changed to the County of DeWitt. Whereupon it is ordered by this court that the clerk of the Court make out and certify to the said County of DeWitt a transcript of the record herein according to law.
121635
10/8/52
COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for Murder, brought by change of venue from Sangamon
This day came the defendant, and also the People by their attorney; and on affidavit and motion of the defendant it is ordered by the court that the cause be continued to the next term of the court—It is also ordered by the Court that the defendant be removed by the Sheriff of this county to the county of Sangamon and delivered to the Sheriff of said Sangamon County to be by him safely kept in the jail of said county, and returned and delivered to the Sheriff of this county on the first day of the next term of this court—
40551
10/8/52
AFFIDAVIT FOR CONTINUANCE
State of Illinois, DeWitt County}SS
I, Moses Loe, the defendant to a certain indictment, for the supposed murder of one James Gray pending in the circuit court of the county aforesaid by change of venue from the county of Sangamon, being first duly sworn states on oath that he can not safely go to trial at the present term of this court because of the absence of Thomas Blankenship and Elizabeth Grass, who, he is advised and believes, are material witnesses for him on such trial that affiant expects it will be proved by the prosecution that he, affiant, on the morning of the killing of said Gray, came to and remained alone upon the grounds where the killing afterwards occurred, a considerable length of time before the arrival of said Gray, and he expects, in explanation of that part of his conduct, to prove by said Blankenship that said Gray told said Blankenship on the evening before the killing that he, Gray, had an appointment with this affiant to meet and fight with each other at the time and place where and when the killing afterwards occurred. Affiant states that there was in fact such appointment made the day before the killing by said Gray and affiant, but that no other person was present at the making of it; that having been in close confinement ever since the killing, he has had no opportunity of finding out persons to whom said Gray may have spoken of said appointment; that he has learned that he, said Gray, had so spoken to said Blankenship, but did not so learn until it was too late to procure his attendance at the present term of the court, that affiant expects there will be some other evidence tending to prove the fact of such appointment, but none of so satisfactory a character as that of said Blankenship; that said Blankenship resides in Sangamon county and affiant expects to procure his attendance at the next term of the court—Affiant further states that since his arrival here on the sixth inst he learned, for the first time, that one May Grass, whose name is not endorsed on the indictment, is to be used as a witness against him; and that it is expected she will testify that several weeks previous to the killing, and about the time affiant bought the knife with which said Gray was wounded on the day of the killing, she heard this affiant say he intended to kill said Gray with said knife—Affiant expects and believes said Mary Grass can not and will not testify that he, affiant, ever spoke in her presence of said knife more than one time; and affiant expects to prove by said Elizabeth grass that she was present with said Mary, when affiant once spoke of said knife, and that she understood and remembers what he then said, and that he did not speak of or allude to said Gray that what affiant [illegible] say on that occasion was that if one Thompson Lacy should assail him, affiant, as he had believed, he had threatened to do, he, affiant would defend himself with that knife—that said Elizabeth Grass resides in Morgan county, and affiant believes he can procure her attendance at the next term. & that this application is not made for delay, but that justice may be done—
Moses X Loe (his mark)
Subscribed and sworn to before me this 8th day of October 1852,
John Warner
54855
5/19/53
VERDICT
We the Jury find the Prisoner Moses Loe guilty of Manslaughter in the highest degree and therefore affix the penalty accordingly which is Eight years confinement in the Penitentiary of Illinois
H.H. Hickman; James Spratt; Ephraim Burns; James Swearingen; Monson Bushrod; William Summers; Alfred Pain; George W. Kneadler; Jack Jackson; William East; Francis M. Jeffrey
121654
5/19/53
ATTORNEY’S NOTES:
The People vs Moses Loe} Indictment for Murder—
Jury—Francis Jeffery; Bushrod W. Monson; James Spratt; Alfred Gaines; William Neal; Ephraim Bean; Joel Jackson; William East; James Swearingen; Geo. W. Knadler; William Summers; William W. Hickman
Evidence for Prosecution:
Benjamin Morris—Was with Gray that morning—Monday morning Gray started to court at Springfield—I was with him—Came to where James Nippers was—Saw Loe down the road—Came up to Loe—Witness said good morning to Loe—Gray said to Loe “have you had your breakfast—Loe said something about threatening—Gray said put down knife—Loe said you accused me of fighting boys less than me; now you fight a bout less than you. Gray turned his horse and run back the road & Loe ran after him to Loe got a club, then followed Gray in a walk—G. got of his horse and got a club. L came up to him stabbed him in neck and him down—stuck him again—jumped on him stamped him—G called to witness for help—W got off his horse and ran up—G got up with L & W saw blood running out of his mouth
L did not make at G till G started off on the horse—G told W L wanted him to meet him at mouth of lane to fight and asked W to go with him & he went—G made a sort of stop but whether at the place when L got club don’t know
Edw D. Meacham—Was not present—L was brought by constable—Said to L Now I am sorry for that L said he was sorry too—Asked L if he had given G a mortal wound—L said he supposed he had—Asked L for the knife & L gave it to him—Asked L how he did it—L said he struck him first with the club & then with the knife & showed W how he held the knife—Witness saw the blood on the knife was but a small instance & thought life might still be saved—L came into neighborhood a year or so before W thought him 18 or 19 then—
Ira Parker—Lives in that neighborhood-Saw L at [scene] that morning leaning against a tree whittling, near the place where the affair afterwards happened—at the north of this lane—
Williamson Nippers—Lives with Jane Nippers—between day & sunrise got up. L was then in the road at front of house & walked down toward the lane. W went & fed some stock & came back home then saw L sitting against a tree at mouth of lane—after breakfast G & Morris came along—a little while after heard some [yelling] & ran down, got within fifty yards when G wheeled his horse and run back past him & L running after him on foot—G halted a moment & run on again 80 yards in all got down & got a club—L had also got a club came up to G & struck [G] W was between them & the north of the lane when the [hurt] was [done]—
Jane Nippers—When got up at daylight L was in road opposite house & went down to lane—about an hour by saw G & Morris came along—G spoke to W & [laughed] & went on down the road in a little while brother ran down that way. Told him to come back but he went on—saw G turn his horse & run back toward house & heard him laughing—saw him stop & get down—then W went into house for fear of remarks
Evidence by defendant
Thomas Blankenship—G on Sunday before asked W if he wanted to see some fun & said he & L was to fight at the mouth of the lane in the morning
Carter—Understood L lived at Loftus three quarters of a mile off at the [illegible]
Dr Goodbread—Thinks the blood from the mouth did not come from the cut—
4320
5/19/53
COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for Murder. Change of Venue from Sangamon County
And now on this day came the Plaintiffs by Campbell their Prosecuting attorney and the defendant in proper person and the plea of Not Guilty having been entered before the venue of this case was changed and a copy of the Indictment and list of jurors and witnesses having been furnished the defendant thereupon came a jury to wit, William East, William Somers, James Swearingen, H.H. Hickman, Geo W. Knadler, B.N. Munson, Ephraim Bunn, Alfred Gaines, James Spratt, Joel Jakcons, Francis M. Jeffry, and [illegible] who being sworn well and truly to try the issue joined, and after hearing the evidence and argument of Counsel and the charge of the court retired to consider of their verdict and afterwards returned into court with the following verdict “We the Jury find the defendant guilty of Manslaughter and affix period of his confinement in the Penitentiary at Eight years.” Which verdict was [illegible] to be entered and thereupon the said jury was discharged.
35257
5/20/53
COURT MINUTES
The People of the State of Illinois vs Moses Loe} Indictment for Murder. Change of Venue form Sangamon County
And now again on this day came the People by Campbell their prosecuting attorney and the defendant in proper person, and the said Defendant saying nothing why the judgment of the court should not be pronounced on the verdict of the Jury it is thereupon ordered by the court that the said defendant be confined in the state Penitentiary at Alton for a period of Eight years, that to be served three months in solitary confinement and the residue of the time at hard labor. It is further ordered that the Sheriff of this County convey said defendant to Alton and deliver him to the Warden of the Penitentiary within a period of seven days. It is further ordered that the plaintiffs recover of the Defendant the costs herein expended and that they have execution therefor
35257
8/18/57
PARDON PETITION
To his Excellency William H. Bissell Governor of the State of Illinois
Your petitioners Jurors who as grand jurymen found the bill of indictment and petty jurymen found Moses Loe guilty of Manslaughter at the March term of the Circuit Court of DeWitt County for the year 1853, said Loe having spent more than half his term of 8 years and believing that the ends of justice are fully met would respectfully request your excellency to exercise that power vested in you and free him for the remainder of the term
[Signatures of 7 jurors]
[Clerk’s attestation that they were jurors]
I defended Moses Loe in the case mentioned, and, with the exception of the assistance of a young man at the trial, who volunteered merely to try his hand, the whole defense rested on me— I know Loe to have been a very young man at the time of the offense and that now that half his term (originally eight years) has elapsed since his conviction—As to his previous character, or his conduct in the state prison I know nothing; but willing to trust the numerous and very respectable gentlemen who speak to the point. I cheerfully join the request that he be pardoned for the remainder of his term.
A.Lincoln

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