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
***
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
***
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
***
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
***
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
***
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
***
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
***
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
***
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
***
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
***
04/23/39
We the jurors, find the defendant guilty of Murder as charged
in the indictment.
[no signature]
Endorsement: Verdict
LPAL doc. 58302
***
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
***
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
***
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
***
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
***
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
