PEOPLE v WALTER BOSLEY: TRANSCRIPT OF THE COURT FILE FROM 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 manslaughter case which Lincoln defended.

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 WALTER BOSLEY: TRANSCRIPT OF MURDER CASE DEFENDED BY LINCOLN
DATE	DOCUMENT	REFERENCE
8/7/54	AFFIDAVIT FOR ARREST WARRANT State of Illinois, Vermillion County} SS Daniel Morgan comes and on his oath complains against one Walter Bosley and says that a criminal offense has been committed at the County of Vermillion in the State of Illinois on the seventh day of August 1854 and says that a criminal offense has been committed by shooting one Egbert Barnett and that the said Daniel Morgan has just reason to believe that Walter Bosley has committed the same and he the said Daniel Morgan prays that a warrant may issue against the said Walter Bosley Daniel Morgan Subscribed and Sworn to before me this 7th day of August AD 1854 J.D. Purkins, JP {LS} State of Illinois Vermillion County The People of the State of Illinois to Thomas Cox you are hereby authorized to execute the within given under my had and seal this 7th day of August 1854 J.D. Purkins JP {Seal}	61015
8/7/54	ARREST WARRANT State of Illinois, Vermillion County}JJ The People of the State of Illinois to all Sheriffs Coroners and Constables of said State Greeting Whereas Daniel Morgan has made complaint before me J.D. Purkins one of the Justices of the Peace within and for Said County against Walter Bosley in the words and figures set forth in the aforegoing complaint by the said Daniel Morgan Subscribed and sworn to on this 7th Day of August 1854 You are therefore hereby commanded in the name and by the authority of the Said People to arrest the Said Walter Bosley and bring him before me or some other Justice of the Said County to answer said complaint and be dealt with according to law Given under my hand and Seal this 7th day of August 1854 J.D. Purkins JP {LS}	61015
8/15/54	ARREST WARRANT State of Illinois, Vermillion County} The People of the State of Illinois To the Sheriff or Jailor of Said County Greeting Whereas Walter Bosley has this day been examined before the undersigned one of the Justices of the Peace within and for Said County on a charge of willful murder and having been considered guilty of said charge you are therefore hereby commanded in the name and by the authority of the said People to receive the said Walter Bosley and safely keep him Given under my hand and seal this 15th day of August AD 1854 J.D. Purkins JP {Seal}	61016
10/27/54	COURT MINUTES The People of the State of Illinois vs Walter Bosley} Murder This day came the People by their attorney and the said defendant in his own proper person who being arraigned for plea saith he is not guilty in manner and form as charged in the Indictment and on his motion it is ordered by the court that this cause be continued to the next term of court.	61019
11/1/54	COURT MINUTES Of the October Term of the Vermillion Circuit Court: In the year of our Lord One Thousand Eight Hundred and Fifty Four State of Illinois, Vermillion County} SS The Grand Jurors chose selected and sworn in and for the County of Vermillion in the name and by the authority of the people of the State of Illinois upon their oaths present that Walter Bosley in the County of Vermillion not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the Seventh day of August in the year of our Lord One Thousand Eight Hundred and Fifty Four with force and arms at the County and State aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle Gun of the value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle Gun he the said Walter Bosley in his right hand then and there had and held to and against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle Gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid out of the Rifle Gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the back of him the said Egbert Barnett a little to the left of the back bone and a little below the left shoulder blade then and there feloniously willfully and of his malice aforethought did strike penetrate and wound given to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot discharged and sent forth out of the Rifle gun aforesaid by the said Walter Bosley in and upon the back of him the said Egbert Barnett a little to the left from the back bone and a little below the left shoulder blade of him the said Egbert Barnett one mortal wound of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett on the said seventh day of August in the year aforesaid until the Eleventh day of the same month of August in the year aforesaid in the County aforesaid did languish and languishing did live on which said Eleventh day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said mortal wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Burnett in manner and form aforesaid 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 And the Grand Jurors aforesaid upon their oaths aforesaid in the name and by the authority aforesaid do further present that Walter Bosley in the County of Vermillion and the State of Illinois not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the seventh day of August in the year of our Lord Eighteen Hundred and Fifty Four with force and arms in the County aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle Gun of the Value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle Gun the said Walter Bosley in his right hand then and there had and held against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle gun aforesaid then and there by force of the gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the left side of the back of him the said Egbert Barnett and a little below the left shoulder blade of him the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did strike penetrate and wound giving to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot sent forth and discharged out of the Rifle gun aforesaid by the said Walter Bosley in and upon the left side of the back of him the said Egbert Barnett a little below the left shoulder blade of him the said Egbert Barnett one mortal wound of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett from the said seventh day of August in the year aforesaid until the Eleventh day of August in the year aforesaid did languish and languishing did live on which said Eleventh day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Barnett in manner and form aforesaid feloniously 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 same people of the State of Illinois And the Grand Jurors aforesaid upon their Oaths aforesaid in the name and by the authority aforesaid upon their oaths present that Walter Bosley in the County aforesaid not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the Seventh day of August in the year of our Lord Eighteen Hundred and Fifty Four with force and arms in the County aforesaid in and upon one Egbert Barnett in the peace of the people then and there being feloniously willfully and of his malice aforethought did make an assault and that the said Walter Bosley a certain Rifle gun of the value of Ten Dollars then and there loaded and charged with gunpowder and one leaden bullet which Rifle gun he the said Walter Bosley in both his hands then and there had and held to against and upon the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did shoot and discharge and that the said Walter Bosley with the leaden bullet aforesaid out of the Rifle gun aforesaid then and there by force of gunpowder shot and sent forth as aforesaid the said Egbert Barnett in and upon the right side of the back of him the said Egbert Barnett a little below the right shoulder blade of him the said Egbert Barnett then and there feloniously willfully and of his malice aforethought did strike penetrate and wound giving to the said Egbert Barnett then and there with the leaden bullet aforesaid so as aforesaid shot discharged and sent forth out of the Rifle gun aforesaid by the said Walter Bosley in and upon the right side of the back of him the said Egbert Barnett a little below the right shoulder blade of him the said Egbert Barnett one mortal would of the breadth of one inch and of the depth of six inches of which said mortal wound the said Egbert Barnett from the said seventh day of August in the year aforesaid until the fifteenth day of August in the year aforesaid did languish and languishing did live on which said fifteenth day of August in the year aforesaid the said Egbert Barnett in the County aforesaid of the said mortal wound died and so the Jurors aforesaid upon their oaths aforesaid do say that the said Walter Bosley the said Egbert Barnett in manner and form aforesaid feloniously 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 same people of the state of Illinois [L. Swett] Pros Atty pro tem Vermillion Circuit Court People vs Walter Bosley} Indictment for Murder A True Bill S. Frazier foreman of the Grand Jury Witnesses: David Rittenhouse; Robert Barnett; George Gapp; James Burnett; Nancy Rittenhouse; William [illegible]; A.M.C. Hawes; Thomas Haywood Filed Nov 1st 1854 Saml Craig, Clk	127970
5/25/55	COURT MINUTES The People of the State of Illinois vs Walter Bosley} Murder And now on this day came the states attorney who prosecutes on behalf of the people and on his motion the defendant being in custody was brought into court by the Sheriff and being furnished with a copy of the Indictment herein against him together with a list of the jurors and witnesses and the said defendant being arraigned upon his arraignment for plea saith he is not guilty in manner and form as charged in the Indictment and for trial putteth himself upon the country And thereafter came a jury to wit: William Hardin, Robert Marshall, A.J. Atkinson, William Sowders, P.M. Burton, Reason Hooten, W.R. Chandler, John Stevens, Lewis Fagan, John W. Stewart, Samuel Chester, & Isaac L. Brunn good and true men who after being impanelled and sworn the truth to speak upon the issue joined after hearing the evidence and the argument of counsel and being fully advised in the premises, retired under the care of a sworn officer and afterwards returned into court with the following verdict to wit: We the jury find the defendant Walter Bosley guilty of Manslaughter and sentence him to serve in the Penitentiary for the term of eight years. It is therefore ordered by the court that the said defendant Walter Bosley be conveyed by the sheriff of said county within the lapse of six days after the adjournment of court to the warden of the Penitentiary of said state at Alton and there to remain and serve in said Penitentiary for the term of eight years Twenty four hours of which time to be placed in solitary confinement the residue at hard labor.	61024

LINCOLN FOR THE PROSECUTION

When Abraham Lincoln's good friend, Ward Hill Lamon, got himself elected State's Attorney for the Eighth Judicial Circuit, Lincoln would often help Lamon prosecute cases. One of Lamon's first murder cases looked on the surface like an open and shut case, but it had complications. Lamon called on Lincoln to help with the prosecution, and Lincoln wound up almost single-handedly trying the case.

On the other side Lincoln faced another good friend, Leonard Swett, a lanky man who looked so much like Lincoln that people often confused the two. Swett was an excellent criminal defense attorney, probably the best trial lawyer in Illinois, and he came to court fully prepared to defend his client to the nth degree. To get an idea of the uphill battle Swett confronted, let's look at a newspaper article that ran almost immediately after the murder occurred:

“Murder,” DeWitt Courier, October 19, 1855, People v. Wyant, LPAL doc. 133014.

One of the most cold-blooded murders we ever heard of, was perpetrated in this place about 2 o’clock P.M. on Friday last. The victim’s name was Anson Rusk; the name of the murderer is Isaac Wyant. Last June a difficulty arose between Rusk and Wyant, and the latter attacked the other with a large knife. Rusk tried to avoid a collision with Wyant, but to no purpose; and as a means of saving his own life, he drew a pistol and shot the latter in the arm. Wyant’s arm had to be amputated, and he swore he would have revenge, and since that time he has narrowly watched for such an opportunity. A short time before the murder, he said he was going to Indiana; but instead of that, he came to this place, for the purpose of watching the movements of Rusk, as it is supposed. Last Friday Rusk came to town, and Wyant saw him; the latter dogged the footsteps of the other from place to place, and finally into the courthouse. Rusk entered the office of the county Clerk and was standing behind the stove with his arms folded, when Wyant opened the door and commenced firing an Allen revolver at him. The first ball struck Rusk in the side, the second in the shoulder, and the third ball entered his arm. Wyant then stood over the fallen man, put the pistol to his head and fired the fourth shot, the ball passing entirely through the head, and from the orifice it made oozed the brains. Rusk lived near an hour after, but never spoke, we believe. His murderer, Wyant, tried to make his escape, but was secured a short distance from the court house and conveyed [back into the] building. Shortly after he was taken to prison and securely ironed. It is thought nothing will save him from hanging, as a responsible witness was in the clerk’s office at the time of the murder. We understand that the wife of Rusk, who was enceinte at the time of his murder, and her child, which was prematurely born, are not expected to live from one minute to another, and perhaps may be dead now. If they die Wyant will be a triple murderer, and consequently, he should suffer the severest penalty of the law. Circuit court is now in session, but it is thought his trial will not take place this term. Some think there will be a change of venue.

The doctors who amputated Wyant's arm had used chloroform, and it was widely believed at that time that chloroform could induce insanity. [EdwardWilliam Murphy, Chloroform: ItsProperties and Safety in Childbirth (London: Walton and Maberly, 1855), 66.] Swett lined up an impressive array of doctors to come in and testify that the use of the chloroform had induced insanity in Wyant, and Wyant was legally insane when he shot and killed Rusk. Swett also offered the testimony of numerous relatives of Wyant, all of whom testified to Wyant's bizarre behavior after he lost his arm. The case was tried on change of venue to McLean County, and the results of the trial are reported in the following news article:

“The Trialof Wyant,” Daily Pantagraph, April 6,1857, People v. Wyant, LPAL doc. 131644.

The trial of Isaac Wyant for the murder of Ason Rusk occupied the attention of the Circuit Court during nearly the whole of last week. Great interest in the progress and result of the trial was manifested by the people, and the Court House was constantly thronged. The case being one of great importance, we design to give a very full abstract of the evidence, which we shall begin publishing in a day or two, we purposely abstained from doing so during the trial. The following is a very brief summary of the trial:

The case was taken up on Tuesday afternoon, 31st ult. The counsel for the State were Ward H. Lamon, Stte’s Attorney, Hon. A. Lincoln, C.H. Moore, Esq., of Clinton, and Harvey Hogg, Esq., of this place. For the deense, Mesrs. Swett & Orme. The regular panel of jurors was exhausted before completing the jury, ten jurors only having been obtained, of whom two were afterwards objected to and discharged, in accordance with an agreement of counsel reserving that privilege. A tales or supplementary panel having been summoned, the jury was completed and sworn as follows:

James Adams, Wolford Wyatt, Samuel White, E.V. Augustus, Denton Young, J.L. Brittan, David Shough, John T. Hill, James Huff, W.C. Wardlow, J.S. Barber, Joseph Shough.

The Jury were accommodated at the Pike House in charge of officers during the trial.

Hon A. Lincoln opened the case for the prosecution, and a clear prima facie case having been made out by the witnesses, the State’s evidence closed the same evening. Mr. Swett opened for the defense the next morning in a long and powerful speech.

The murder was committed in the County Clerk’s office at Clinton DeWitt County, in October, 1855, in broad daylight, and in the presence of several people, Wyant shooting Rusk no less than four times with a revolver.

There had been bad blood between Wyant and Rusk for some months previous, and in June the two had a fight, in which Rusk shot Wyant in the arm. The arm had to be amputated, and chloroform was administered during the operation. The evidence for the defense was that Wyant was ever after morbidly fearful that Rusk would kill him, and that he complained greatly of his head, and manifested many signs of being unsettled in his intellect.

The fact of the killing was not controverted, the defense resting on the ground of insanity. Several medical witnesses were examined on this point, among the Dr. McFarland of the State Lunatic Asylum, Drs. Roe, Spencer, and Parke of this place, and others.

After speeches from Messrs. Hogg and Lincoln for the prosecution, and Messrs. Orme and Swett for the defense, the case went to the jury at about six o’clock on Saturday evening 4th inst. Somewhat after midnight the jury agreed, and the Court being called together, a verdict of acquittal was rendered, coupled with a recommendation for the prisoner’s confinement in a lunatic asylum. The prisoner remains in custody.

To my largely uneducated eye, it appears that Wyant was not suffering from chloroform induced insanity, but from post traumatic stress disorder and a bloodthirsty desire for revenge. Of course, PTSD had not yet been discovered and mental health was so young a field that the term "psychiatry" hadn't been invented yet.

This was one of the earliest cases in the history of American jurisprudence where the defense of insanity actually resulted in an acquittal. Not long after the trial, a good friend of Lincoln's asked him to defend a young man named Robert Sloo on a charge of murder. The case looked to be an open and shut one, and Sloo's only hope was a plea of not guilty by reason of insanity. Lincoln asked Swett to go and defend Sloo in his place. Swett objected, saying "I am unknown to the parties and they  would not be satisfied with the change." Lincoln replied, "If I can get you to go, it is not fair to that young man and his family that I should go."

Swett went, and he won another seemingly impossible acquittal. This acquittal was so spectacular that it was written up in the American Journal of Insanity, the forerunner of the American Journal of Psychiatry. ["The Trial of Robert C. Sloo for the Murder of John E. Hall," American Journal of Insanity, Volume 15 (Utica: New York State Lunatic Asylum, 1859), 33-68].

Swett put his law practice on hold to campaign for Lincoln's election as president, and worked in an unofficial capacity in support of the war effort on behalf of the Union. After the Civil War he relocated to Chicago, where he prospered as a trial attorney, winning several more murder cases on pleas of not guilty by reason of insanity.