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Commonwealth of Kentucky vs Samuel P McFall
Be
it remembered that on the trial of this case the defendant McFall, introduced
and then sworn as a witness John Hanna who stated that Ferguson, the owner of
the house in the indictment in which the card playing was proved at Mills Point
on his return from Moscow in a few days before the races told Hanna that he
wished he Hanna would try and sell the house for him, and Hanna asked him if he
could find a purchaser to whom must he Hanna apply for information about the
house and Ferguson stated he must write to him, that he has no agent here to the
proper deed: Hanna stated also that this conversation was on the return of
Ferguson from Moscow on his way home in the fall year that’s Ferguson Capt
Miller perish & has never returned back to the Coring since and that
Ferguson lived in N. Orleans after this (?) had been given by the witness, The
court is (?) the (?) from the Jury to
which opinion if the court in concluding said evidence from the jury McFall by
his council (?) Toney’s this his Bite if exceptions in (?) (?) (?)
W.P. Fowlkes {seal}
Know all men by these presents that Samuel P McFall and S B Looton and his security are held and firmly bound unto the Commonwealth of Kentucky in the penal sum of six hundred dollars which payment will and truly to be made we find ourselves our heirs, jointly and severly firmly by these presents sealed with our seals and dated this 6th day of March 1840. The condition of the above obligation is such that whereas on the 21st day of November there was a Capeias issued from the clerks office of the Hickman Circuit Court against the above bound Samuel P McFall upon an indictment found by the Grand Jury at the October term 1839 of said court for suffering unlawful games at cards to be played in a certain house of which he was agent and superintendent. Now if the above bound Samuel P McFall shall make his personal appearance before said Court at the courthouse in Clinton on the first day of their next April term, to answer said charge upon an indictment and not depart there from without leave of the court of discharged by a due course of Law then the above obligation to be void else to remain in full force and virtue.
Samuel P McFall {seal}
LB Luten {seal}
Test.
LD Stephens DS for
W Holeman SHC
Backside:
Hanna
Stone
Tyler
Lewis
Hanna
Bartell
Roper
Gee
Jenkins
Warrants:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County: --Greeting.
We command you to take Samuel P McFall 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 April Term, to answer a certain indictment of the Grand Jury against him found at the October Term 1839 for suffering and permitting unlawful games at cards to be played in a certain house in the Town of Moscow at which money, Bank bills, Spend ring Liquors he being the agent and superintendent of said house and have then there this writ.
Witness
Wm H.H. Taylor, Clerk of our said Court, at the Court house aforesaid, the 21st
day of November 1839, and in the 48 year of the Commonwealth. WHH
Taylor
Executed on Samuel P McFall March 6th 1840 and he executed bond with LB Looton security
LD Stephens DS for
W. Holeman SHC
The Sheriff upon execution of this writ will permit the said McFall to give bail in the sum of six hundred dollars.
WHH Taylor clk
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County, Greeting:
We command you to summon Robert Powell to appear before the Judge of our Hickman Circuit Court at the Court-House in Clinton, on the 2nd day of our next June term, to testify and the truth to speak in behalf of Samuel P McFall in a certain matter of controversy now in our said court depending, and undetermined between him and the Commonwealth of Kentucky, and this you shall in no wise omit under the penalty of 100 pounds, and have then there this writ.
Witness
Wm HH Taylor, Clerk of our said Court, at the Court-house aforesaid this 4 day
of June 1840, and in the 48 year of the Commonwealth. WHH Taylor
Executed on Robert Powell June 5th 1840
LD Stephens DS for
W. Holeman SHC
The court instructs the jury if they believe from the evidence that the defendant McFall have the oversight of the room mentioned in the indictment and the right to control the same, and that he suffered and permitted games at cards to be played therein at which surveyor, bank notes was won and lost they must find for the Commonwealth.
The Council for McFall moves the Court to find the following instructions to the Jury:
That unless they believe from the evidence that at the time of the card playing in the house mentioned by the witnesses, McFall was agent of the house or they superintendent of the house they must find for the defendant.
2nd unless they believe from the evidence that McFall was the agent or was the superintendent and control of the house and permitted the games of cards to by played in the house they must find for the defendant.