Saturday, March 19, 2016

PEOPLE v PETER PARKER: TRANSCRIPT OF THE COURT FILE FROM A MANSLAUGHTER CASE DEFENDED BY LINCOLN

Set forth below is a transcript which I made of the important documents in the court file from one of Lincoln's manslaughter 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 PETER PARKER: TRANSCRIPT OF COURT FILE
DATE
DOCUMENT
DOC.#
08/29/45
State of Illinois, Menard County
We the undersigned jury of inquest called upon by the coroner to view the body of Eliphilet Purse found dead in this county on the 28th day of August 1845 do find the following verdict to wit: that the said Purse did come to his death by blows inflicted upon his head by Peter Parker of the same County with a board about 4 feet long 6 inches wide 2 inches thick at one edge and 1 inch at the other.
Given under our hands this 29th day of August 1846.
Harry Riggins, Foreman; Nicholas Till; John Grier; Henry Miller; Wm. Turner; Thomas Gilmore; David Broadwill; Wm. H. McLenore; Elisha B. Hill; Alexander Page; A. Canfield; J.C. Leonard
12912
08/29/45
State of Illinois; County of Menard
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 Peter Parker has this day come before the undersigned, a justice of the peace within and for the county and state aforesaid and confessed that yesterday, the 28thh day of August, 1845, he struck Purse with a clapboard of which blow he is informed the said Purse has since died; and the said Peter Parker has also surrendered himself in custody to be dealt with according to law.
These are therefore to command you the said constable to convey the said Peter Parker to the custody of the common jail of said county and to deliver him to the keeper thereof; and you the said keeper are hereby required to receive and safely keep the said Peter Parker in your custody in said jail for further examination, and until he shall be discharged by the due course of law.
Given under the hand and seal of said justice this 29th day of August A.D. 1845
William Dresser (Seal), Justice of the peace
12913
11/04/45
Of the November Term of the Menard Circuit Court in the year of our Lord Eighteen hundred and forty five
State of Illinois; Menard County
The Grand Jurors chosen selected and sworn in and for the County of Menard in the name and by the authority of the people of the State of Illinois upon their oath, present that on the twenty eighth day of August in the year aforesaid at the County and State aforesaid Peter Parker then and there not having the fear of God before his eyes, but being moved and seduced by the instigation of the Devil, with force and arms in the County aforesaid in and upon one Eliphalet Purse in the peace of the people then and there being feloniously, willfully, and unlawfully did make an assault and that the said Peter Parker with a certain board of the value of six cents which he the said Peter Parker in his right hand then and there had and held the said Eliphalet Purse in and upon the forehead of him the said Eliphalet Purse there and then feloniously, willfully, and unlawfully did strike giving to the said Eliphalet Purse one mortal wound of the breadth of three inches and the depth of one inch of which said mortal wound the said Eliphalet Purse from said twenty eighth day of August in the year aforesaid until the twenty ninth of the same month of August in the year aforesaid at the County and State aforesaid did languish and languishing did live on which said twenty ninth day of August in the year aforesaid of the said mortal wound died and so the Jurors aforesaid upon their oaths aforesaid do say that that the said Peter Parker the said Eliphalet Purse in manner and form aforesaid feloniously, willfully, and unlawfully did kill. Contrary to the form of the Statute in such cases made and provided and against the peace and dignity of the people of the State of Illinois.
Campbell, Atty
Menard Circuit; People vs Peter Parker: Indictment for Manslaughter
A True Bill, Wesley Whipple, Foreman of the Grand Jury
Witnesses names: Nelson Hall; Stanton Purse; Dabney Hall; Wm. Hall; Cordelia Purse; Jno. M. Hall; Doct. Eaton
12916
  11/04/45
The People of the State of Illinois vs Peter Parker: Indictment for Manslaughter
This day the Grand Jury returned into court an indictment in the above cause endorsed “A True Bill, Wesley Whipple, Foreman”
12921
11/04/45
Common Law Docket
2nd day Grand Jury returned into court the following Indict: The People vs Peter Parker: Indictment for Manslaughter; Endorsed a true bill. Wesley Whipple, Foreman of the grand Jury.
13438
11/05/45
The People v Peter Parker: Indictment for Manslaughter
Cont’d. Def recog w/ Solomon Parker, John W. Hall, and Cornelius McCarty in $300
121917
11/05/45
The People of the State of Illinois vs Peter Parker: Indictment for Manslaughter
This day came the People by the Attorney General, and the Defendant in proper person and by consent this cause is continued; and thereupon the Defendant, and Solomon Parker, John A. Hall and Cornelius McCarty, as his sureties, in open court jointly and severally acknowledge themselves to owe and be indebted to the People in the sum of three hundred dollars, to be levied of their respective goods and chattels, lands and tenements, if default be made in this condition, which is that said Defendant shall personally appear on the first day of the next term of this court, to answer to the indictment preferred against him in this cause, and abide the order of the court thereon, then this recognizance to be void, otherwise in full force.
12919
11/05/45
Common Law Docket
3rd day – Cause continued. Defendant with Solomon Parker, John W. Hall, & Cornelius McCarty as sureties recognized in the sum of #300 to appear at next term.
13438
06/09/46
The People of the State of Illinois vs Peter Parker: Indictment for Manslaughter
This day came the People by the Attorney General pro tem and the said Defendant in proper person and by his attorney, and the Defendant having been furnished with a copy of the indictment herein and a list of the jurors and witnesses, and being arraigned therein, and for plea to the indictment, says he is not guilty as charged therein and for his trial puts himself upon the country, and the People by the Attorney General pro tem do the like and thereupon came a jury, to wit: Gregory Lukins, David Woldridge, Charles Carman, John Watkins, A.W. Goodpasture, W.C. Ballard, J.A. Powell, A.K. Riggin, Anno Ritter, John H. Walker, William Sigg, and Samuel Webb, who being elected tried and sworn well and truly to try the issue joined herein and after hearing the evidence adduced as well on the part of the People as on the said Defendant, and the argument of council, for verdict say, we the jury find the Defendant guilty as charged in the indictment; and it appearing to the satisfaction of the court the said Defendant is under the age of eighteen years, it is ordered and adjudged by the Court that the said Defendant, Peter Parker, be imprisoned in the common jail of said county for the period of sixty days, and that he pay the costs of this prosecution.
12920
06/09/46
Deft Atty: Harris, Lincoln; Parties: The People vs Peter Parker; Indictment for: Manslaughter
Plea not guilty. Verdict of guilty
12918
7/7/46
To Thomas Ford Governor of the State of Illinois
The undersigned ask for the interference of your Excellency to pardon Peter Parker who was on the 9th day of June 1846 at the county of Menard found guilty of manslaughter. We are strongly of opinion that it is one of those cases where executive clemency can be interposed with the greatest propriety – He has been sentenced by the Judge of this Court to 60 days imprisonment in the county jail – From this sentence we hope your excellency will grant a liberation and as in duty bound your petitioners will ever pray.
Thomas L. Harris, Attorney; Matthew Drefuss, Clerk of Court; A.A. Rankins, Sheriff; Anno Ritter, Juror; E.W. Ballard, Juror; David Woldridge, Juror; Charles Carman, Juror; A.W. Goodpasture, Juror; Gergory Lukins, Juror; J.M. Walker, Juror; A.K. Riggin, Juror; [70 additional signatures]
89428

No comments:

Post a Comment