Stephen McDaniel Trial 1820

(Perry County Circuit Court Records, Pages 110. 111)

This work was transcribed from 35mm film and contains errors and omissions. Original Source from Perry County Court House, Perry Co., Indiana and later copied on 35mm film by the Genealogical Society of Salt Lake, Utah.

Indiana State Library, Indianapolis, Indiana, Department of Genealogy, 2nd Floor, Drawer marked “Perry Co., Indiana. Film Box No. 130, Circuit Court Complete records 1817 – 1834.”

Located on the second floor of the Indiana State Library.

Transcribed by Stephen C. Meyer, Family Researcher. July 28, 2005.

Please note that this transcribed effort contains errors, because a few of the hand written words were not clear and unreadable by the transcriber.

Court Book Page number 110

State of Indiana

Perry County  Pleas at the court house in Rome in the county and State aforementioned before the Hon. I. R. E. Goodlet, President Judge of the fourth Indiana Circuit in the State of Indiana, and John Stephenson and Edmund Flemings Esquire, is Associate Judges of the Circuit Court within and for the said county of Perry on the 21st day of September in the year of our Lord, One Thousand eight hundred and twenty.

Indictment for Assault and Battery

The State of Indiana

Vs.

Stephen McDaniel

Be it remembered that a Circuit Court began and held at the court house aforementioned at the County and State aforementioned on the twenty-seventh day of September in the year of our Lord One Thousand eight hundred and nineteen before the Hon. Richard Daniel, President Judge of the fourth Indiana Circuit in the state of Indiana and James McDaniel and John Stephenson, Esquire Associate Judge of the Circuit within and for the said county of Perry. Upon the oaths of Israel Lamb, John Cassidy (Casidy) (?), David Allen, Abraham Barger, Henry Rhoades, John G. Morel, John Riggs, Charles Miller, William Hix (?), James Summanlent (?), David Graves, Edmund G. Hackson (Hackman) (?), David, (or Daniel) Hendricks and Edmund Fleming, fourteen good and lawful men of the county of Perry aforementioned then and there swore and charged to enquire for the State of Indiana, and for the body of said county, it is presented in manner and favor as follows that is to say State of Indiana in Perry County. To wit: September term of the Perry Circuit Court 161g (?) – The Grand Jurors for the State of Indiana and the body of the county of Perry aforementioned their oath present that Stephen McDaniel, late of the Troy Township in the county and state of one in laborer on the sixth day of August in the year of our Lord One thousand eight hundred and nineteen, at the township aforesaid in the county and state aforesaid with the force and another assault ____ make in and upon the body of one Benjamin Pursinger (?), in the Peace of God and the State of Indiana then and there having did beat, wound, bruise and ill that so his life was greatly dispare (?) of and other wrongs to said Benjamin then and there did to the great damage of the aid Benjamin, contrary to the form of the Statute in such case made and provided and again the precise and dignity of the State of Indiana (end page 110)

 

 

 

 

 

Continued: Court Book page 111

 

 

 

_________ W. Prince ____ Prosecutor true Bill, Israel Lamb foreman.

 

____________ on the Sheriff of the said county of Perry is commanded that he cause the said Stephen McDaniel, to come and answer the premises in the Indictment aforesaid, _____ and aforesaid (?) at Circuit Court began and held at the court house aforesaid in the County and State aforesaid; On the twenty-fourth day of February in the year of our Lord One Thousand eight hundred and twenty before the Hon. I. A. (?) N. E. Goodlet, present judge of the fourth Indiana Circuit in the state aforesaid. Motion of the prosecuting attorney ordered that a Capias issue against the defendant reasonable to next term and directed to the Sheriff of the County _____ ______, of the said county of Pike is commanded that the cause of said Stephen McDaniel to come and answer the premises in the Indictment aforesaid alleged — the said sheriff of the said county of Pike returns now ___ _____ venture(?) — and ____ aforesaid court (?), at a Circuit Court began and had at the courthouse in the county and state aforesaid and the 18th day of May A. D., 1820, before the Present Judge last of the foresaid are John Stephenson and Edmund Jennings Esquire, Associate Judge of the said Perry County Circuit Court on motion of the Prosecuting Attorney ordered that a Capias _____ (?) against the defendant directed to the Sheriff of Dubios County, _____ to next term ____ and afterwards take on the day and year first aforesaid before the Judges first of aforesaid (?) at the court house of aforesaid in the county and state aforesaid cometh the said Stephen McDaniel in his proper

 

person and having heard the said Indictment ______ saith that he is Not Guilty thereof ____ of this he puts himself upon the court and William Prince Esq., who prosecuting for the State on this behalf state the like therefore let all come by whom the truth of the matter maybe the better known and who have no affinity to the said Stephen McDaniel to recognize _____their oath, whether the said Stephen McDaniel be guilty of the premises aforesaid or not because as well the said William Prince Esq., who is prosecuting for the State of Indiana in thus behalf on the _______ Stephen McDaniel have put them ______ up in that Jury and the Jurors for this purpose in empanelled and returned Tort, Lamar Thresher, George Rhoades, Sharyl Hardin, John Miller, ___Hyde, William Hix, Henry Sadar (?) John Faith (?), Gabriel Good, I_____ G.________, William ________, G. Casper Stone, all being ____ ____ ____ all being chosen __ and sworn to speak of _____ the premises in the Indictment above specified oath do say _____ of the Jury upon them oath do say ____ of the Jury find the defendant Not Guilty, Thomas Thresher, Foreman.

 

Whereupon it is considered by the Court here that the said defendant of the premises aforementioned in the Indictment above specified be discharged and go here of without delay.

 

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Definition: Capias, A Latin word relating to the seizure of a person by authorities to answer a complaint.

 

Stephen Meyer

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