Showing posts with label manslaughter. Show all posts
Showing posts with label manslaughter. Show all posts

Wednesday, March 30, 2016

PEOPLE v THOMAS PATTERSON: 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 a manslaughter case which Lincoln defended.

The numbers to the right below the document titles refer to the documents by the Law Practice of Abraham Lincoln website.




J.P. TRANSCRIPT

3/25/58
580325
 

STATE OF ILLINOIS  CHAMPAIGN CO.     
)
)
Before J.J. Brown, J.P.
Before J.P. Tenbrook, JP
The People of the  
State of  Illinois
-vs-              
Thomas Patterson   
)
)
)
)
 
 
For Murder


 


On complaint of Penrose Stidham it appearing that,Samuel C. Dehaven has been killed by Defendant Warrant issued this day for his arrest and delivered to V. Kendall, Constable for service. Same day warrant returned endorsed:


 


"Served the within by arresting Thomas Patterson and bringing him to Court. V. Kendall, Const."


 

Now it appearing upon the testimony of Cary Hamilton, William W. Mills, Samuel Healer, P. S. Coler, David Mattis, Daniel D. Mills, L. Pumington & A. Catron that on this day Thomas Patterson threw a two pound weight at Deceased hitting him on the he from which wound he has since died, it is ordered that he be committed for trial before the Circuit Court of Champaign Co. Mittimus for the Committment of said Thomas Patterson to the jail of said County given to V. Kendall, Const.

 

W. W. Mills, Cary Hamilton and Samuel Hasler recognized for their appearance as witnesses at the Circuit Court in this case.

 

J. J. Brown J.P.(L.S.)

 

I certify the above to be a true transcript of the

proceedings in said case before me Sadorus, March 25, 1858.

 

J. J. Brown J.P.(L.S.)

 

INDICTMENT

4/12/58
580412

 

Of the April Term of the Champaign Circuit Court in the year of Our Lord Eighteen Hundred and fifty eight.

 

STATE OF ILLINOIS
CHAMPAIGN COUNTY
)
)
SS

 

The Grand Jurors chosen, selected and sworn, in and for the County of Champaign, in the name and by the authority of the People of the State of Illinois upon their oaths present that on the twenty fourth day of March in the year of our Lord Eighteen hundred and fifty-eight at and within the County of Champaign and State of Illinois aforesaid, Thomas Patterson not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, with force and arms at the County aforesaid in and upon one Samuel Dehaven in the peace of God and the people then and there being, unlawfully, feloniously and wilfully did make an assault; and that the said Thomas Patterson with a certain two pound weight of the value of one dollar, which he, the said Thomas Patterson in his right hand then and there had and held, to, against and upon the said Samuel Dehaven then and there unlawfully and feloniously did cast and throw; and, that the said Thomas Patterson with the two pound weight aforesaid so cast and thrown by him as aforesaid, the said Samuel Dehaven in and upon the left side of the head near the left ear of him the said Samuel Dehaven, then and there unlawfully & feloniously and wilfully did strike and wound, giving to the said Samuel Dehaven then and there with the two pound weight aforesaid so as aforesaid by the said Thomas Patterson cast and thrown in and upon the left side of the head near the left ear of him the said Samuel Dehaven, one mortal wound of the length of three inches and of the depth of one inch; of which said mortal wound the said Samuel Dehaven from the said twenty fourth day of March in the year aforesaid until the twenty fifth day of the same month of March in the year aforesaid at and within the County aforesaid, did languish and languishing did live; on which said twenty fifth day of March in the year aforesaid, the said Samuel Dehaven at and within the County aforesaid, of the said mortal wound died; and so the Grand Jurors aforesaid upon their oaths aforesaid do say that the said Thomas Patterson, the said Samuel Dehaven in manner and form aforesaid feloniously, voluntarily, unlawfully and wilfully did kill, contrary to the form of the Statute in such case made and provided, and against the peace and dignity of the same people of the State of Illinois.

 

2nd. Count. And the Grand Jurors aforesaid in and for the County aforesaid in the name and by the authority aforesaid upon their oaths aforesaid do further present that on the twenty third day of March in the year of our Lord Eighteen hundred and fifty eight aforesaid at the County and State aforesaid Thomas Patterson not having the fear of God before his eyes but being moved and seduced by the instigation of the devil with force and arms at the County aforesaid in and upon one Samuel Dehaven in the peace of God and the people then and there being; unlawfully, feloniously and wilfully did make an assault; and that the said Thomas Patterson with a certain piece of metal of the weight of two pounds and of the value of one dollar, which piece of metal was commonly called a two pound weight which piece of metal he the said Thomas Patterson in his hand then and there had and held to, against, and upon the said Samuel Dehaven then and there unlawfully and feloniously did cast and throw; and that the said Thomas Patterson with the piece of metal aforesaid so east and thrown by him as aforesaid the said Samuel Dehaven in and upon the left side of the head, back of the left ear and near the said left ear of him the said Samuel Dehaven then and there unlawfully, feloniously and wilfully did strike and wound, giving to the said Samuel Dehaven then and there with the piece of metal aforesaid so as aforesaid by the said Thomas Patterson east and thrown in and upon the left side of the head near the left ear, back of the said left ear, of him the said Samuel Dehaven one mortal wound of the length of three inches and of the depth of one inch; of which said mortal wound the said Samuel Dehaven from the said twenty third day of March in the year aforesaid until the twenty fourth day of the same month of March in the year aforesaid did languish and languishing did live; on which said twenty fourth day of March in the year aforesaid the said Samuel Dehaven at and within the County aforesaid of the said mortal wound died; oaths aforesaid do and form aforesaid wilfully did kill, and so the Grand Jurors aforesaid upon their say that the said Samuel Dehaven in manner voluntarily, unlawfully, feloniously and contrary to the form of the Statute in such case made and provided and against the peace and dignity of the same people of the State of Illinois.

 

[ENDORSEMENT]

 

April Term 1858.

 

The People

vs.

Thomas Patterson.

MAMSLAUGHTER.'

A True Bill

 

John Penfield, Foreman of the Grand Jury.

 

Witnesses.

A Catron, Daniel Mills, William Mills, Cary Hamilton, Dr. Herman Chaff,. Dr. L. Punnington, David Mattocks, Samuel Hesler, Pearce Coler, Arbury Hamilton

 

COURT MINUTES
4/23/58
50151

 

 

People
Vs
Thomas Patterson
}
Manslaughter

 

This day (it being the 11th day of the term)came the Prosecuting Attorney and also the said Defendant in his own proper person and having had hearing of said Indictment for plea thereto says he is not guilty in manner & form as is in said Indictment above against him Charged and thereof puts himself upon the Country.

 

COURT MINUTES

10/13/58
58132

 

People
Vs
Thomas Patterson
}
Manslaughter

 

This day (it being the third day of the term) comes the People by their States Attorney and comes the Defendant in his own proper person  and entered his motion herein to Continue the cause on his affidavit herein filed. And thereupon before the decision of the said motion by the Court the said Defendant waived all right for a change of venue at this and any subsequent term of the Court. Whereupon upon due consideration thereof by the Court It is ordered that this case be continued on said Affidavit & [Court goes on to set forth terms of Patterson’s release on bail].

 

AFFIDAVIT

10/24/58
4298

 

STATE OF ILLINOIS  CHAMPAIGN CO.     
)
)
CIRCUIT COURT AT
THE OCTO. TERM 1858

 

 

People
Vs
Thomas Patterson
)
)
)
Indict Manslaughter

 

Before the undersigned Wm. H. Somers, Clerk of said Court personally came the above named Thomas Patterson who being by me first sworn deposes and says upon his oath that he is advised & verily believes that he cannot come safely to his trial without the aid & attendance of his Council Leonard Sweet & Abraham Lincoln Esqrs. That before the last term of this Court he employed the said Swett & Lincoln in his defense & verily expected that they both, as they promised affiant would attend at the present term & conduct his defense, he swears that their absence has not been by his leave or procurement. That although affiant has other Council employed in his defense he relies most upon the said Lincoln & Sweet, who he employed to lead and manage his defense. That it is not the intention of affiant to take a change of venue from this County but should be entirely controlled by the judgment of his said Attorneys Lincoln & Swett in so doing.

THOMAS PATTERSON

Subscribed & Sworn to this 24th day of Oct. 1858.
W. H. Somers, Clk.
 

COURT MINUTES

4/21/59
130677

 

People
Vs
Thomas Patterson
)
)
)
Indictment for Manslaughter

 

This day (it being the 4th day of the term) came the Prosecuting attorney and also came the said defendant in his own proper person and having had hearing of said Indicmtne for plea thereto says that he is not guilty inmanner and form as is in the Indictment above against him charged and thereof puts himself upon the Country and a copy of said Indictment and a list of Jurors and witnesses being furnished the said deenda thereupon came a Jury 12 good and lawful men to wit [lists names of jurors]who being duly tried elected and sworn to well and truly try the issues therein joined upon their oaths do say that said Defendant is guilty in manner and form as in said Indictment above specified against him charged. It is therefore considered by the court that the said Defendant be confined in the Penitentiary at Alton for a term of three years for said offense & three days of said time in solitary confinement and the remainder thereof at hard labor. That the Sheriff of Champaign County have 5 days to carry said Thomas Patterson to deliver him into the hands of the Warden.

 

PROSECUTION JURY INSTRUCTIONS

4/21/59
4297

 

Instructions given by the Court on the part of the Prosecution in the case of the People v. Patterson.

 

(No. 1 has been written, then pasted over with paper)

 

2nd. If the Jury believe from the evidence that the Defendant unlawfully killed the said Dehaven, by striking the said Dehaven upon the head with a two pound weight, without Malice expressed or implied and without any mixture of deliberation whatever, then the law is against the Defendant, and the Jury will find him guilty.

 

3rd. Unless the Jury believes from the evidence that when the Defendant killed Dehaven, if they believe from the evidence that Defendant did kill Dehaven, that the danger was so urgent and pressing from an attack made upon him by Dehaven that in order to save his own life, or to prevent his receiving great bodily harm, the killing of Dehaven was absolutely necessary; and unless the Jury believe from the evidence that Dehaven assailed the Defendant, or that the Defendant had really in good faith endeavored to decline any further struggle before the mortal blow was given, then the law is against the Defendant, and the Jury will find him guilty.

 

4th. Unless the Jury believe from the evidence that Defendant and Dehaven were engaged in a personal conflict, and that without any fault of Defendant, and that the Defendant did all that a reasonable man ought to do, under like circumstances, to avoid such conflict before striking the mortal blow, then the law is against the Defendant and the Jury will find him guilty.

 

DEFENSE JURY INSTRUCTIONS

4/21/59
4297

 

People
Vs
Patterson
)
)
)
 

 

[In Lincoln’s handwriting]

 

The Court instructs the jury:

 

If they believe from the evidence that when Patterson threw the weight, he had a reasonable and well grounded fear that he was in immediate danger of his life, or of great bodily harm, from Dehaven, with the spade, they are to find Patterson “Not guilty”—

 

That if they have any reasonable doubt whether Patterson then was in such reasonable and well grounded fear, they are to find him “Not guilty”—

 

That if, upon the whole case, they have any reasonable doubt of Patterson’s guilt, as charged in the indictment, they are to acquit him—

 

[In Judge Davis’s handwriting]

 

The Jury are not to decide the question of the Defendant’s guilt or innocence by a preponderance of testimony, or by the probabilities of the defendant’s guilt or innocence.

 

In a criminal case, the Jury will not convict if they entertain a reasonable doubt of the defendant’s guilt.
 

Saturday, March 26, 2016

PEOPLE v EDWARD BARRETT: TRANSCRIPT OF A MURDER CASE PLEA BARGAINED BY LINCOLN

Set forth below is a transcript which I made of the important documents in court file from a murder 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. EDWARD BARRETT: TRANSCRIPT OF COURT FILE
DATE
DOCUMENT
DOC. #
4/14/56
MITTIMUS
State of Illinois, Champaign County}
The People of the State of Illinois to any Constable of the said County and to the Keeper of the Common Jail of said County:
Whereas Edward Barrett has been arrested and this day brought before James S. Wright one of the Justices of the Peace of the said county charged on the oath of Martin Herbert, Thomas O’Neil, John Egean, Martin Ryan, and Dennis Ryan with unlawfully willfully and feloniously make an assault with a drawn knife upon one Hugh Lynch with intent him the said Hugh Lynch feloniously, willfully, and of his malice aforethought to kill and murder and having inquired into the truth and probability of the charge exhibited against him by the oath of all witnesses attending and upon consideration of facts and circumstances the said Justice did adjudge that the said offense had been committed and that there was probable cause to believe the said Edward Barrett to be guilty thereof, and required him to enter into a recognizance with good and sufficient sureties in the sum of twenty five thousand (25000) dollars for his personal appearance at the next term of the Circuit Court to be held in and for the County of Champaign on the first day thereof with which requisition he failed to comply. We therefore command you the jail Constable forthwith to carry the said Edward Barrett to the Common Jail of the said County and deliver him to the Keeper thereof and you the said Keeper are hereby required to receive the said Edward Barret into your custody in the said jail and him then safely keep for the want of sureties until he shall be discharged by due course of law.
Witness the said James S. Wright at West Urbana in the County of Champaign this 14th day of April 1856
J.S. Wright J.P. {Seal}
48705
4/14/56
COMPLAINT AFFIDAVIT
State of Illinois, Champaign County} SS
The complaint of and information of Martin Helbert, Thomas O’Neil, John Egean, Martin Ryan [illegible] of said county made before James J. Wright Esquire one of the Justices of the Peace in and for said County on the 14th day of April AD 1856 who being duly sworn on his oath says that Edward Barret did on the 13th day of April AD 1856 make an assault with a drawn knife upon one Hugh Lynch with intent him the said Hugh Lynch to kill & murder
Martin Helbert, John Egean, [illegible], Martin Ryan
Sworn to and subscribed before me this 14th day of April AD 1856
J.S. Wright J.P.
48709
4/15/56
VERDICT OF CORONER’S JURY
We the Jury summoned and sworn by A. M.Kerr, Coroner of Champaign County Illinois, to investigate the cause or causes by which Hugh Lynch, aged 23 years, a native of Cavon County Ireland, came to his death do find by testimony introduced that he came to his death on the 14h inst at 10 o’clock P.M. by reason of a wound in the left side of the abdomen, inflicted by a knife in the hands of Edward Barrett, on the night of the 13th inst about 9 o’clock P.M. at the house of Martin Helbert, at West Urbana, in said County and State of Illinois
Witness our hands this 15th day of April A.D. 1856
Harry Christie, Foreman, [eleven other signatures]
132452
4/15/56
MITTIMUS
State of Illinois, Champaign County}
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 by an inquest by me as the Coroner of said County held applicably to law on this day upon the body of one Hugh Lynch in said County then & there being dead, and the Jury of said inquest upon their oaths finding the evidence then & there before them that said Hugh Lynch came to his death on the 14th day of April 1856 in said county by reason of a wound in the left side of the abdomen inflicted by a knife in the hand of Edward Barrett on the night of the 13th Apr 1856 the said Edward Barrett having thereby then & there feloniously, willfully, & of his malice aforethought killed & murdered by the means & in the manner aforesaid the said Hugh Lynch.
We therefore command you the said Constable forthwith to carry the said Edward Barrett to the Common Jail of said County and him deliver to the Keeper thereof and you the said Keeper are hereby required to receive the said Edward Barrett in your custody in the said jail and him there safely keep until he shall be discharged by due course of law
Witness the said A M Kerr Coroner of Champaign County Illinois this 15th April, 1856
A M Kerr, Coroner {Seal}
48706
5/14/56
TESTIMONY
Bridget Lynch called & sworn testifies that she was brother of said Hugh Lynch and that he was a native of the County of Cavon Ireland was aged about 23 years
Kincaid called testified that the dec’d came to his death from a wound inflicted in the left lumbar region abdomen with a knife severing the intestines in one place and wounding them in several places causing hemorrhage and death
Doct A Miller called corroborates the above testimony of Dr Kincaid
Doct Miller called corroborates the above testimony of Dr Kincaid
Dr Howard called concur also in the above statement
Martin Herbert called and sworn – Testifies that on the evening of the 13th inst that Edward Barrett was present at or near his house and had in his hand a knife and threatened him & others that he would stab someone if they provoked him. Barrett and Dec’d H.L. had some words that Lynch fled into his house and into another room. Barrett followed and placed his back against door having in hand a drawn knife. Lynch came out of the bed room soon after Barret and Lynch came together near the outside door and seized each other B. had L. by the hair and then stabbed him with the knife in his possession in the abdomen. Lynch cried out that he was stabbed
Dennis O’Neal called and sworn testifies that he was at the house of Martin Helbert on the eve of the 13th inst at or near 9 PM that he and several others were in the loft of the house when they heard a disturbance outside of the door Dalton & Barrett had some difficulty also Barrett and Lynch came in conflict and were parted by Martin Helbert then Lynch went into the house Helbert closed the door and bolted it – Peter McGinnes came to the door and knocked for admittance & was admitted and Barrett came in with him. Took his position against the door Lynch came from another room and they were together when Lynch cried out that he was hurt Martin Ryan then seized him (Barrett) and from him his knife –
John Egean called and sworn testifies that on Sunday night about 9 PM he was present at Martin Helberts house when he saw Barret & Peter McGinnes were present having some trouble with McGinnes Lynch started out of the house when Barrett and he came in contact saw him (Barrett) have in his hand a knife which he brandished saw the knife after it was taken from him covered with blood did see him inflict the blow upon dec’d
Barney Lynch a brother of dec’d called and sworn Am a brother of dec’d was born in County of Cavon Ireland age about 23 years old that dec’d had had difficulty with Edward Barrett previous to the time that my brother came to his dec’d
48712
5/16/56
JUSTICE OF THE PEACE TRANSCRIPT
The People vs Edward Barrett} An Assault & Battery with intent to Kill
Upon the oaths and information of Martin Helbert, Thomas O’Neil, John Egan, Martin Ryan, and Dennis Ryan of the County of Champaign and State of Illinois made before J.S. Wright one of the Justices of the Peace in and for said County on the 14th day of April A.D. 1856 who being duly sworn on their oaths say that one Edward Barrett did on the 13th day of April A.D. 1856 make an assault with a drawn knife upon one Hugh Lynch with intent him the said Hugh Lynch to kill and murder.
Upon which complaint Warrant issued for the said Edward Barrett delivered to John Teeple Const.
And now the said Barrett is brought into court by the said Teeple and pleads not guilty, and after hearing the testimony of Martin Helbert, Thomas O’Neil, John Egan, Martin Ryan, Dennis Ryan, and S. M. Kincaid it is considered that the said Edward Barrett is guilty as charged in the complaint and he the said Edward Barrett is required to give bail in the sum of twenty five thousand dollars to appear at the next term of the circuit court to be held in and for the said County of Champaign and State of Illinois on the first day thereof in default of which he the said Edward Barrett was committed.
John S. Wright, P.P.
State of Illinois, Champaign County}
I J.S. Wright one of the Justices of the Peace in and for said County do hereby certify that the foregoing is a true copy of the Records made upon my docket in the foregoing entitled cause
Given under my hand this 16th day of May A.D. 1856
J.S. Wright, J.P.
[Endorsement]
The People vs Edward Barrett} Copy of Record
Justice Fee 2.31
Const. Fee .62
                $2.93
Filed May 16, 1856, J.R. Webber, Clerk
48711
5/??/56
INDICTMENT
Of the May Term of the Champaign Circuit Court in the year of our Lord Eighteen hundred and fifty six –
State of Illinois, Champaign County}SS
The Grand Jurors chosen selected and sworn in and for the County of Champaign in the name and by the authority of the People of State of Illinois upon their oaths present that Edward Barrett late of West Urbana in this County of Champaign on the fifteenth day of April in the year of our Lord Eighteen hundred and fifty six at West Urbana in the County of Champaign in and upon one Hugh Lynch feloniously willfully and of his malice aforethought did make an assault and that the said Edward Barrett with a knife the said Hugh Lynch in and upon the left side of the belly of the said Hugh Lynch then and there feloniously willfully and of his malice aforethought did strike cut stab and thrust giving to the said Hugh Lynch then and there with knife aforesaid in and upon the left side of the belly of the said Hugh Lynch one moral wound of the length of one inch and of the depth of three inches of which said mortal wound the said Hugh Lynch from the said fifteenth day of April in the year aforesaid at West Urbana aforesaid in the County aforesaid did languish and languishing did live on which said sixteenth day of April aforesaid in the year aforesaid at West Urbana aforesaid in the County aforesaid the said Hugh Lynch of the said mortal wound died. And so the Jurors aforesaid upon their oaths aforesaid do say that the said Edward Barrett the said Hugh Lynch in manner and forma foresaid then and there 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 People of the State of Illinois.
2d Count
And the Grand Jurors aforesaid upon their oaths aforesaid in the name and by the authority of the authority aforesaid do further present that Edward Barrett late of the County of Champaign aforesaid on the fifteenth day of April in the year of our Lord Eighteen hundred and fifty six at the County aforesaid in and upon one Hugh Lynch feloniously willfully and of his malice aforethought did make an assault and that the said Edward Barrett with a certain knife of the length of six inches and of the breadth of one inch which he the said Edward Barrett in his right hand then and there hand and held the said Hugh Lynch in and upon the right side of the belly of the said Hugh Lynch then and there feloniously willfully and of his malice aforethought did strike cut stab and thrust giving the said Hugh Lynch then and there with the knife aforesaid in and upon the right side of the belly of the said Hugh Lynch one mortal wound of the length of two inches and of the depth of six inches of which said mortal wound the said Hugh Lynch from the said fifteenth day of April in the year aforesaid to the sixteenth day of April in the year aforesaid at the County aforesaid did languish and languishing did live on which said sixteenth day of April in the year aforesaid at the County aforesaid the said Hugh Lynch of the said mortal wound died.
And so the Jurors aforesaid upon their oaths aforesaid do say that the said Edward Barrett the said Hugh Lynch in manner and form aforesaid then and there 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.
Ward H. Lamon, Pros.Atty. Pro Tem
[endorsement]
People vs Edward Barrett} Indictment for Murder
A True Bill
A.M. Whitney, foreman of the Grand Jurors
Witnesses: Thomas O’Neal; Martin Helbert; Dennis Ryan; Martin Ryan; John Eagan; Barry Lynch
Committed to jail in Danville
48713
6/12/56
JUDGE’S DOCKET ENTRY
The People vs Edward Barrett} Murder
Continued on affidavit of Deft – The witnesses recognized Shf of Champaign ordered to take prisoner deliver him to Shf Vermilion for safe keeping until next term of court – to wit 20th October. The Shf of Champaign will go for prisoner & have him here next term
139114
6/12/56
COURT MINUTES
The People  etc. vs Edward Barrett} Indictment for Murder
And now comes the States Atty and the Deft in proper person and by his counsel and files an affidavit for a continuance of the cause and the court being sufficiently advised the same is granted; and thereupon came the witnesses to wit: [recognizance omitted]. And that the sheriff of Champaign County is ordered to take the prisoner and deliver him to the sheriff of Vermilion County for safe keeping until the next term of his court to wit: on the 20th day of October 1856, & that Sheriff of Champaign County go for prisoner and have him here at the next term of this Court
560612
6/18/56
AFFIDAVIT FOR CONTINUANCE
State of Illinois, Champaign County}SS
Edward Barrett, the defendant to a certain indictment for supposed murder, pending in the Circuit Court of the County aforesaid, being first duly sworn, states on oath that he can not safely go to trial at the present term because of the absence of Michael Keough, who is a material witness for him – Affiant expects to prove by said witness that he was present a few moments before, and at the time of the fatal encounter, which resulted in the death of the deceased, that deceased very often challenged and provoked affiant to fight him; that affiant endeavored to avoid deceased, and refused to fight; that deceased had, for some time followed after affiant, threatening and provoking him; that deceased a few moments before, overtook affiant near Helbert’s and then struck and kicked affiant; which, together with other facts the affiant expects to prove by said witness, affiant supposes will make it appear he, in giving the fatal blow or strike, acted on a well grounded fear of personal violence from deceased, endangering his own life. That since the finding of the indictment against affiant, he has not been able to ascertain the whereabouts of said witness until on yesterday, when he ascertained that said witness is at Peoria, Illinois, and affiant expects to procure his attendance at the next term of the court; that he can not prove the same facts so fully by any other witness; and that this application is not made for delay; but that justice may be done –
Edward Barrett
Sworn to and Subscribed before me this 18th day of June 1856
T.R. Webber, Clk
48716
10/23/56
DOCKET
The People etc. vs Edward Barrett} Murder
Plea Guilty to Manslaughter
Sentenced to penitentiary 5 years – 12 hours solitary confinement residue at hard labor.
139101
10/23/56
COURT MINUTES
The People etc. vs Edward Barrett}  Indictment for Murder
And now at this day came the People by the States Attorney and the Defendant in proper person and by his counsel who for plea to the Indictment says he is not guilty of the crime of Murder as therein charged, but enters his plea of Guilty of Manslaughter, and therein casts himself upon the mercy of the Court. And the court having heard evidence in mitigation, and being sufficiently advised, it is ordered adjudged and decreed by the Court that the said Defendant Edw’d Barrett be confined in the Penitentiary at Alton for a period of five years, which said term shall commence at the time of his arrival at the Penitentiary twelve hours of which to be solitary, the residue at hard labor –
It is further ordered that the Sheriff of the County of Champaign convey said Prisoner and deliver him to the Warden of the said Penitentiary with six days from this date.
48719
7/11/59
LETTER TO GOVERNOR CONCERNING PARDON
Bloomington Ill., July 11th 1859
His Excellency Wm.H. Bissell –
Dear Sir
Several years ago (I think 3 years) Edward Barrett plead guilty to manslaughter in the County of Champaign.
I sentenced him to 5 years confinement in the Penitentiary –
I thought Barrett was indicted for Murder yet I do not think from what I learned of the evidence he could have been convicted of anything but Manslaughter
He seemed like a good natured man –
He was an Irishman by birth – as was also the man he killed –
Mr. Barnes who is a highly respectable citizen of Champaign & with whom Barrett lived esteemed him highly & still has a warm interest for him – The feelings of Wm Barnes are shared by his wife & all his family –
The public sentiment in Champaign is I think to the effect that he has already been punished enough & that clemency extended now would in a measure restore his self respect whereas if he was suffered to serve his entire time out he would be in a measure hardened & would not therefore leave the prison with any prospect of becoming a good citizen – You need not be told that liquor which is the bane of the Irish people was the foundation of the quarrel that resulted in the homicide –
I do not think from all that I can learn that the pardon of Barrett would be wrong – He has already served a pretty good term in the Penitentiary and has probably served as long as he would have done had a jury passed on his case –
I have the honor to be with great respect
Your Most obt Servt
David Davis
89448
7/25/59
PETITION FOR PARDON
To His Excellency Wm H. Bissel, Governor of the State of Illinois
Your Petitioners, Citizens of Champaign County Ill would now [respectfully] represent that at the October term in 1856 of the Circuit Court of said county Edward Barrett was convicted [illegible] of manslaughter and sentenced [illegible] years imprisonment in [illegible] That said Barrett was a good and worthy citizen, that we believe he [illegible] fault not from any malice or evil intent but from a belief that it was necessary in self defense. Thus we believe the ends of Justice have been accomplished & that to set him at [illegible] would be an act of mercy and justice
Your petitioners most respectfully ask your Excellency to grant a pardon to said David Barrett
[56 signatures]
89450