Saturday, March 19, 2016

PEOPLE v WILLIAM FRAIM: A TRANSCRIPT OF THE COURT FILE FROM LINCOLN'S LEAST SUCCESSFUL MURDER DEFENSE

Set forth below is a transcript which I made of the important documents in the court file from the only murder case in which Lincoln's client was convicted as charged and executed.

The notations "LPAL doc. [number]" at the end of each entry represent the document numbers assigned to the documents by the Law Practice of Abraham Lincoln website.



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06/06/38             

People of the State of Illinois vs William Fraim

Indictment for Murder

Which is ordered to be filed and placed on the docket of the present term.        

LPAL doc. 20835

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06/06/38             

Of the June Term of the Schuyler Circuit Court in the year of our Lord one thousand eight hundred and thirty eight.

State of Illinois

Schuyler County

[The Grand Jurors chosen selected and sworn] in and for the County of Schuyler. In the name and by the authority of the people of the state of Illinois: Now by their oaths present that William Fraim above late of the county of Schuyler and state of Illinois aforesaid not having the fear of God in his eyes but being moved and seduced by the instigation of the Devil on the seventeenth day of February in the year of our Lord one thousand eight hundred and thirty eight with force and arms at and within the county of Schuyler and state of Illinois aforesaid, in and upon one William Neathammer in the peace of the people of the state of Illinois then and there being feloniously willfully maliciously and of his malice aforethought did make an assault; that the said William Fraim with a certain knife which he the said William Fraim in his right hand there and then had and held the said William Neathammer in and upon the left side of the breast of him the said William Neathammer then and there feloniously wilfully and maliciously and of his malice aforethought did strike and [illegible] giving to the said William Neathammer there and then with the knife aforesaid in and upon the said left side of the breast of him the said William Neathammer one mortal wound of the depth of one inch and one quarter of an inch, of which said mortal wound the said William Neathammer then and there instantly died; and so the jurors aforesaid on their oaths aforesaid in the name and by the authority aforesaid do say that the said William Fraim the said William Neathammer in manner and form aforesaid feloniously willfully maliciously 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 same people of the state of Illinois.

H.L. Bryant

States attorney

Endorsement: The People vs William Fraim: Indictment Murder

A true bill

Peter H. Holmes

Foreman of the Grand Jury

Witnesses: John Hammond Myers, John P. Fey, Christian Langner, Henry Weischede, Antony Messer, Joseph Hofman.

Filed June 6th 1838

Robert A. Glenn, Clerk

Filed March 13th 1839

Wesley Williams Clerk

By S. Otho Williams DC

LPAL doc. 58289

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06/07/38             

People of the State of Illinois vs William Fraim

Indictment for Murder

This day comes the people by their states attorney and the sheriff is ordered to bring the aforesaid into court which is accordingly done. Whereupon the said defendant files an affidavit and entered a motion for a continuance which motion is sustained by the court. And this continued to the next term of the court, and the defendant is remanded to the jail of the county.

[Witnesses John Hammond Myer, John P Fey, Christian Langer & Henry Weis enter into recognizance bonds for appearance at trial.]      

LPAL doc. 20836

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06/07/38             

The People of the State of Illinois vs William Fraim

Indictment for Murder

William Fraim who is here indicted makes oath and says that John Allen and Edward Buckles are material witnesses to his defense herein, without whose evidence affiant cannot safely proceed to trial. That he has endeavored without effect to cause them to be served with subpoenas to secure their attendance at this term for his trial [illegible] and that affiant has reasonable grounds to expect and does expect to be able to secure the attendance of said witnesses at the next term of this court. Affiant further states that said witnesses are employed as laborers on board the steam boat Hero and habitually navigate the Illinois River within this state and that this application is not made for delay but that justice may be done. Affiant therefore prays that this prosecution shall be put off and continued until the next term of this court.

William X / his mark / Fraime

Subscribed and sworn to in open court, this 7th day of June, 1838

Robert A. Glenn, Clerk  

LPAL doc. 58291

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11/07/38             

People of the State of Illinois vs William Fraim

Indictment for Murder

This day again came the People by Henry L. Bryant states attorney, and the defendant being brought to the bar filed an affidavit and moves the court by his counsel for a change of venue in the cause for reasons set forth in the said affidavit, and it appearing to the court that reasonable previous notice had been given to the states attorney of the defendant’s intention to make said motion and sufficient reasons appearing to sustain the same, It is ordered that a change of venue be awarded in this cause from the said county of Schuyler to the County of Hancock in this Judicial Circuit and that said cause be entered upon the docket of the circuit court of the said County of Hancock /and set for trial/ at the next ensuing term of said court, to be held at the court house in Carthage on the fourth Monday in the month of April next, in the year of our Lord one thousand eight hundred and thirty nine, and that the sheriff of the said county of Schuyler remove the body of the said William Fraim from the jail of the said county of Schuyler where he is now confined, to the jail of the said county of Hancock to which the venue of this cause is changed, and there deliver him to the keeper of said jail, together with a copy of this order not more than three days before the first day of the aforesaid next term of the circuit court in and for the said County of Hancock and the said jailer is hereby required to receive the body of the said William Fraim, and give to the said Sheriff of Schulyer County a receipt therefor, and to take charge of the said prisoner in the same manner as though he had been originally committed to his custody, until he shall be discharged by due course of law. And it is further ordered that the clerk of this court make out a full and complete transcript of the record and proceedings in this cause. And certify the same under the seal of this court, and transmit the same to the clerk’s office of the circuit court in and for the said County of Hancock, together with the indictment, and all other papers filed in or appertaining to the cause, or forming any part of the record thereof, including the recognizances of witnesses, etc., and the clerk of the circuit court of the said county of Hancock County is hereby directed to file said papers and docket said cause at the ensuing term of said circuit court, after which the same is to be prosecuted as if it had originated in said last mentioned circuit court. And the said prisoner is ordered to be remanded to the prison from whence he came, to be thereafter dealt with as aforesaid.

[Christian Longler and John Frey enter recognizances to appear as witnesses].  

LPAL doc. 20697

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11/07/38             

The People vs William Fraime

Indictm[ent for Murder]

Prisoner brought … files [illegible] petition for [change of venue and ] motion is [sustain]ed. Venue changed to Hancock County. [illegible].

Christian Longler & John Feyer recognized and $300 each. 4 Monday in April next.           

LPAL doc. 20834

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11/07/38             

H.L. Bryant Esq. Prosecuting Attorney [illegible] Schuyler Ct Court

Sir Take notice that upon the calling of the case of the people of the State of Illinois vs William Frame on an indictment for murder The defendant will apply for a change of venue on account of the prejudice of the minds of the inhabitants of Schuyler County so that he cannot have a fair trial

Dickey – Attorney for defendant

Nov 7th 1838

Endorsement: People vs Fraime: Notice

Filed Nov 6th 1838

Robert A. Glenn, Clerk

Filed March 13th 1839

Wesley Williams Clerk

By S. Otho Williams DC  

LPAL doc. 58293

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11/07/38             

To the Honourable Judge of the Schuyler Circuit Court now sitting at the November term 1838.

Your Petitioner, William Fraim, humbly represents that he is defendant in an indictment for murder now pending in said court against him, that he fears that he will not receive a fair and impartial trial in said circuit court of the county of Schuyler in which the trial is pending, on account that the minds of the inhabitants of the said County of Schuyler wherein said Trial is pending are prejudiced against him. He further represents that great pains have been taken to prejudice the minds of the inhabitants of the Counties of Cass, Fulton and McDonough against your petitioner and that they are prejudiced against him. Your petitioner further represents that he was not aware of the extent of the prejudice in the minds of the people of Schuyler County and that he could not have an impartial trial /in this court/ on that account until very recently and since the / commencement of this term of this court and that he at the first opportunity he had gave his counsel notice thereof. Therefore prays that a change of venue be awarded to some county where the cause complained of does not exist that he may be able to have a fair and impartial trial.

William X / his mark / Fraime

I William Frame, being duly sworn says on oath that the statements and representations in the foregoing petition are true.

William X / his mark / Fraime

Subscribed and sworn to in open court, this 7th day of November, 1838

Robert A. Glenn, Clerk  

LPAL doc. 58294

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03/08/39             

Preamble: Pleas before the Honorable James H. Ralston, Judge of the fifth judicial circuit of the State of Illinois, at a circuit court in and for the County of Schuyler began and held at the court house in Rushville in said county on Monday the fourth day of June, in the year of our Lord one thousand eight hundred and thirty eight, and the independence of the United States the sixty second.

Present: The Hon. James H. Ralston, Judge; H.L. Bryant Esq, states attorney; Robt A. Glenn, Clerk; I.G. McHatton, sheriff

06-07: The People of the State of Illinois, Plaintiff vs William Fraim, defendant

Indictment for Murder

Be it remembered that afterwards, to wit, on the seventh day of June AD one thousand eight hundred & thirty eight at the term of said court continued and held as aforesaid, the following order was made in this cause, to wit:

Order of the Court: “This day came the People by their states attorney, and the sheriff was ordered to bring the defendant into court which was accordingly done. Whereupon the said defendant files an affidavit and enters a motion for a continuance which motion is sustained by the court, and this cause continued to the next term of this court. And the defendant is remanded to the jail of this county.”

State of Illinois, Schulyer County. Pleas before the Honorable James H. Ralston at a circuit court began and held at the court house in Rushville in and for the county of Schuyler and state of Illinois on Monday the fifth day of November in the year of our Lord one thousand and eight hundred and thirty eight and of the independence of the United States the sixty third.

Present: The Hon. James H. Ralston, Judge; H.L. Bryant Esq, states attorney; Robt A. Glenn, Clerk; I.G. McHatton, sheriff

06-07: The People of the State of Illinois, Plaintiff vs William Fraim, defendant

Indictment for Murder

Be it remembered that afterwards, to wit: on the seventh day of November AD one thousand eight hundred and thirty eight at the term of said court continued and held as aforesaid, the following order was made of record in said cause, viz:

Order of the Court: “This day again came the plaintiff by Henry L. Bryant, States attorney, and the defendant being brought to the bar filed an affidavit and moves this court by his counsel for a change of venue in this cause for reasons set forth in said affidavit, and it appearing to the court that reasonable previous notice had been given to the states attorney, of the defendant’s intent to make said motion, and sufficient to sustain the same, it is ordered that a change of venue be awarded in the cause, from the said county of Schuyler to the County of Hancock in this judicial circuit and that said cause e entered upon the docket of the circuit court of the said county of Hancock  and set for trial at the ensuing term of said court to be held at the court house in Carthage on the fourth Monday in the month of April next in the year of our Lord one thousand eight hundred and thirty nine, & that the sheriff of the said county of Schuyler remove the body of the said William Fraime from the jail of the said county of Schuyler where he is now confined, to the jail of the said county of Hancock, to which the venue in this cause is changed, and there deliver him to the keeper of said jail together with a copy of this order not more than three days before the first day of the aforesaid day of the next term of the circuit court in and for said county of Hancock and the said jailer is hereby required to receive the body of the said William Fraime, and give to the said sheriff of Schulyer County a receipt therefore, and to take charge of the said prisoner in the same manner as though he had been originally committed to his custody, until he shall be discharged by the course of law. And it is further ordered that the clerk of this court make out a full and complete transcript of the record and proceedings in this cause and certify the same under the seal of this court, and transmit the same to the Clerk’s office of the circuit court in and for the said county of Hancock together with the indictment and all other papers filed in or appertaining to the cause or forming any part of the record thereof, including the recognizances of witnesses, and the clerk / of the circuit court / at the said county of Hancock is directed to file said papers and docket said cause at the ensuing term of said circuit court after which the same is to be prosecuted as if it had originated in said last mentioned circuit court. And the said prisoner is ordered to be removed to the prison from whence he came to be dealt with thereafter as aforesaid.

[Recognizance of Christian Longler and John Frey].

Endorsement: The People vs William Fraime: Transcript: Filed March 13, 1839, Wesley Williams Clerk, by Samuel Otho Williams, DC      

LPAL doc. 58295

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04/23/39             

The people of the state of Illinois vs William Fraim

Indictment for murder in the Hancock circuit court, in Illinois of the April term 1839 brought on by change of venue from Schuyler circuit court

Fielding Fraim who is indicted herein, by the name of William Fraim, being in custody defends and says that he is not guilty of Murder in manner and form as charged in said indictment and of this he puts himself upon the country

Fielding Fraim

Endorsement: People vs Wm Fraim

Plea

Filed April 23 1839

W Williams Clk

By S. Otho Williams DC  

LPAL doc. 58301

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04/23/39             

We the jurors, find the defendant guilty of Murder as charged in the indictment.

[no signature]

Endorsement: Verdict  

LPAL doc. 58302

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04/23/39             

People of the state of Illinois Plaintiffs vs William Fraim Defendant

Indictment for Murder

William Fraim who stands indicted for the crime of Murder was led to the bar in custody of the Coroner and was thereof arraigned and pled not guilty and for his trial put himself on God and his country and the attorney for the people likewise and the said Fraim thereafter also filed his written plea of not guilty in the words and figures following to wit:

And thereupon the said defendant by his attorney moves the court for leave to withdraw the oral plea and go to trial upon the written plea which motion is overruled, to which opinion the defendant by his attorney excepts and prays that his bill of exceptions may be signed and sealed and  made part of the record which is accordingly done in the words [illegible] following to wit:              

LPAL doc. 58303

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04/23/39             

People of the state of Illinois Pltffs vs William Fraim Deft

Indictment for Murder

The defendant William Fraim having been arraigned plead not guilty and issue having been taken upon said plea it is ordered that a jury come here to try the issue joined, and thereupon came the jurors of a jury to wit: John C Rinsbrough, Joseph Leonberger, John HIckens, Daniel H. Wells, Andrew B welch, James Welch, Nathan Mason, Moses Stevens, John D Mellon, James Renshaw, Alfred Mead, and David Brunk who were elected, tried, and sworn to truth to speak upon the issue joined, and having heard the evidence and arguments of counsel upon their oaths to say that we the jury find the Defendant guilty of murder as charged in the indictment: And thereupon the said defendant by his attorney moves for an arrest of judgment on the verdict which judgment is postponed until said motion is disposed of.

Ordered that court adjourn till 9 oclock tomorrow morning.        

LPAL doc. 58304

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04/23/39             

In the Hancock circuit court April 23rd 1839 the People vs William Fraim

Indictment for Murder

Be it remembered that upon the arraignment of the prisoner the indictment was read to him and he was asked what he had to say when / the prisoner / answered that he was not guilty and wanted a fair trial and a just one. And at the same time by his counsel tendered a written plea of not guilty as appears of record. Which the court ordered to be filed and the prisoner by his counsel asked leave / of the court / to withdraw the oral plea first by him the said prisoner inadvertently entered which leave the court refused to grant. The prisoner then refused objected to go into trial until the prosecution for the people should in some manner reply to his the said prisoner’s written plea filed by leave of the court as aforesaid whereupon the court / overruled said objection and / ordered a jury to be called and decided that the prisoner should go into a trial – his written plea being unanswered as the record will show – to which opinion and decision of the court the prisoner by his counsel excepts & prays this his bill of exceptions be signed and sealed which is accordingly done

(seal) James H. Ralston

Endorsement: People vs William Fraim

Bill of Exceptions

Filed this 23rd day of April 1839

Wesley Williams, Clerk  

LPAL doc. 58305

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04/25/39             

People of the state of Illinois Pltffs vs William Fraim Deft

Indictment for Murder

This day the Prisoner William Fraim was again led to the bar in custody of the Coroner and the motion made yesterday in arrest of judgment being fully argued; and upon due consideration it is ordered by the Court that the said motion in arrest of judgment be overruled. And it being demanded of the prisoner by the Court what he had or knew to urge in this behalf why judgment should not now be pronounced against him, and the said defendant having nothing to urge except what had been before urged in this behalf: It is therefore considered by the court that the said William Fraim be hanged by the neck till he be dead. It is further ordered by the court that the sheriff of the said County of Hancock do cause execution of this sentence to be done and performed upon the body of him the said William Fraim on Saturday the eighteenth day of May next between the hours of twelve o’clock Meridian and two o’clock post meridian of said day on a gallows to be erected within one mile of the town of Carthage in said County. It is further ordered that the said William Fraim pay all the costs of this suit. And the said William Fraim is committed to the custody of the sheriff of said county, to be by him kept in close confinement until this sentence is executed. It is further ordered that the clerk of this court make and certify a copy of this order and deliver the same to the sheriff of said county which shall be sufficient authority in the hands of said sheriff to carry into effect the foregoing judgment.

Ordered that Court adjourned till 9 o’clock tomorrow morning. 

LPAL doc. 58308

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04/26/39             

William Fraim vs People

Indictment for Murder

And the said Deft comes and moves the court in arrest of judgment in this case for the following reasons to wit:

1.            The record in this cause does not sufficiently show that an indictment was found by a grand jury of the county against the Defendant Fraim

2.            The record in this cause does not show that a grand jury was empanelled at the term of the court at which the indictment purports to have been found

3.            There is no sufficient record in this cause to authorize the court to try the Deft and pronounce judgment upon him

4.            The record from the Schuyler circuit court is defectively and imperfectly certified

5.            The said record is otherwise informal erroneous and insufficient

6.            The indictment is bad in this, that it does not show with sufficient certainty in the conclusion, whether the Deft was the murderer or the murdered man

7.            The indictment is bad, in the conclusion in not showing that the murder was committed in the manner and by the means before stated in the indictment.

8.            The said indictment is otherwise informal and insufficient

For all which said reasons the said Deft moves the court in arrest of judgment here

Lincoln p.d.        

LPAL doc. 58310

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