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Commonwealth of Kentucky vs Lewis Williams
Charges:
The Commonwealth of Kentucky., Hickman County and Circuit, Set:
The GRAND JURORS, duly empanelled, sworn, and charged to enquire for said Commonwealth, and the body of the County aforesaid at the October term of the Hickman Circuit Court in the year 1839 upon their oaths present that Lewis Williams late of said County Yeoman on the 1st day of October in the year eighteen hundred and thirty nine in the county of Hickman and Circuit aforesaid did with force and arms take one spotted Hog of the value of five dollars of the good and chattels of George Newton then and there being found feloniously did steal, take and savvy away against the form of the statute in that case made and provided, and against the peace and dignity of said Commonwealth.
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Information given by Joseph Handlin, James Titsworth, George V. Newton, not of the Grand Jury Farmers residing in Hickman County |
Hayes & Sanders Atty’s for the term of the 16th Judicial District of the Commonwealth of Kentucky.
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Backside of Charges: The clerk of the Hickman Circuit Court will enclose on the (unreadable) found in this Indictment that (ends here, no more)
Commonwealth of KY
Larceny
Lewis Williams
A True Bill
John Shaw – Foreman
Filed in April Court Term
18th 1839
WHH Taylor
Processed 28th of October 1839
WHH Taylor
Warrants:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County: --Greeting.
We command you to take Lewis Williams if he be found in your bailiwick, and him safely keep, so that you have him before the Judge of our Hickman Circuit Court, at the Courthouse in Clinton on the first day of our next April term, to answer an Indictment of the Grand Jury found against him at the October Term, 1839 on a charge of Larceny and have then there this writ.
Witness
Wm H.H. Taylor, Clerk of our said Court, at the Court house aforesaid, the 4 day
of July 1840, and in the 48 year of the Commonwealth. WHH Taylor
Backside: The Sheriff upon the Execution of this writ will permit the said Williams to give bail in the sum of three hundred dollars. Attest: WHH Taylor
Executed the within writ on the defendant Williams and he failing to give bail, I have delivered him over to H.P. Hales, Jailer of Hickman County, to await his trail or otherwise discharged by a due course of Law. Given under my hand this 1st day of July 1840. LD Stephens DS for W. Holeman SHC
Commonwealth vs Lewis Williams April Term 1840
Come to hand October 4th 1840. LD Stephens for W. Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To
the Sheriff of Hickman County, Greeting:
We command you to summon Hranlis Garrison to appear before the Judge of our
Hickman Circuit Court, at the Courthouse in Clinton, on the 1st day
of our April term, to testify and the truth to speak in behalf of Lewis Williams
in a certain matter of controversy now in our said court depending, wherein the
Commonwealth of Kentucky is plaintiff and said Williams is defendant, and this
you shall in no wide omit under the penalty of £100 and have then there this
writ.
Witness WHH Taylor, Clerk of our said Court, at the Court house aforesaid, the 13th day of April 1840, and in the 48 year of the Commonwealth.
WHH Taylor
Backside: Williams; April Term 1840.
Executed on the within named witness November 14th, 1840. Wm E Bishop DS for Wm Holeman SHC
Warrant:
The Commonwealth of Kentucky To the Sheriff of Hickman County Greeting:
We command you to summons Nancy Long, George Dobson, Benjamin Garrison, John Williams, Morris Williams, William Key, Jacob Williams, William Long, to appear before the Judge of Hickman Circuit Court at the Courthouse in the Town of Clinton on the 1st day of our next April Term to testify and the Truth to speak in behalf Lewis Williams in a certain matter of controversy now in our court depending and indertions wherein the Commonwealth of Kentucky is plaintiff and Lewis Williams is defendant and this you shall in no wise omit under the penalty of £100 and have then and there this writ. Witness WHH Taylor Clerk of our said Court at the Court house aforesaid the 29th day of February 1840. WHH Taylor
Backside: Executed on Nancy Long and William Long March 7th 1840 also on William Key
LD Stephens DS for W Holeman SHC
Executed on Morrison William April 8th 1840 and on Benjamin Garrison & Jacob Williams April 14th 1840.
Wm E Bishop DS for Wm Holeman SHC
Executed on John Williams April 15th 1840
Wm E Bishop DS for Wm Holeman
Hickman County to wit:
Be it remembered that Lewis Williams, John Williams and Morris Williams this day personally appeared before us. Lewis summoned Wm ? Justices of the Peace, for said County and surely acknowledged themselves indebted to the Commonwealth of Kentucky in the sum of three hundred dollars that is to say the said Lewis Williams in the sum of one hundred and fifty dollars and the said John & Morris Williams in the sum of one hundred and fifty dollars of their respective lands and tenants, goods and chattels but to be used upon the said Lewis Williams personally appearing in the Circuit Court for the County aforesaid on the first day of their next term and surrender himself in custody to answer the Commonwealth for a charge of larceny which the said Lewis Williams stand charged before us. Signed sealed and delivered before the undersigned this 10th day of February 1840. Wm S Jordan & Lewis Séance
Lewis (his X mark) Williams
John (his X mark) Williams
Morris (his X mark) Williams
Note: The following petition was written by J.W. Withraw JP who was serving as counsel for Lewis Williams in this case. Mr Withraw's spelling, grammar and handwriting are all very poor making the petition very difficult to transcribe. I have tried to interpret most of the unreadable words but have marked those completely unreadable as such or with question marks. RDH
Petition:
To the Honorable Judge of the Hickman Circuit in Chancery sitting complaining your petition Lewis Williams says leave to represent to your Honor that he is a free baron citizen of the United States of America and as such hath always regarded and respected the right and privilege of every freeman and farter states that he has not ever been guilty or until the present been charged with the commission of any offenses an crimely which he has forfeited his rights and privileges as a freeman but further states that (?) to (?) (?) our which he at present has me control and which in their con? Have oppression and next greaniars to him as he is now a confined prisoner in the fare walls of the Jail of Hickman County KY and that without his consent and as he verily believes contrary to same and Justice who will more fully appear by reference to a certified copy of the cause affix caption and attention which are name referred to and prayed to be taken as part of this petition and ? the promises considered is without remedy except by the timely intervention of you. We therefore pray your Honor to grant him the Commonwealth writ of Habeas Corpus which named has been denied to the parent and most humble individual in community and have you petition brought before you at the most convenient time and place you may think proper and then upon a final hearing of his case either discharge him in total and release him by permitting to give bail (?) to the principles of Security and Justice and you petitioner as in duty banned will ever pray.
Hickman County set:
This day Lewis Williams made oath before me that the matter and thing contained in the foregoing petition saforn as stated ? and so far as states ? the information of others he believes them to be true this 10th day of July 1840. J.W. Withraw JP