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Commonwealth of Kentucky vs William H Waide
Charges:
The Commonwealth of Kentucky
Hickman County & 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 William H Waide last of said county yeoman, on the 19th day of October in the year 1839 at the county & circuit aforesaid with force & arms six certain Bank Bills viz one Bank Bill on the Bank of Kentucky & of the denomination of twenty dollars, two Bank Bills on the Northern Bank of Kentucky of the denomination of ten dollars each, one Bank Bill on the Bank of Illinois of the denomination of ten dollars and two other Bank Bills on the State Bank of Illinois of the denomination of five dollars each of the goods and chattels of Thomas Griffey & J (Hunts?) due of $50 then and there being found did then and there feloniously steal take and carry away contrary to the form of the Statue in that case made and provided & against the peace and dignity of the Commonwealth of Kentucky~
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Information given by Thomas Griffey John Hanna LD Stephens Not of the Grand Jury, residing in Hickman County |
Mays Sanders Attys’ pro tun of the 16th Judicial District of Kentucky |
The Commonwealth of KY Indictment for Larceny
W.H. Waide
A true bill
John Shaw Foreman
Filed 19 Oct 1839
Attest WHH Taylor
Processed 21 Nov’r
We of the Jury do find the within named William H Waide guilty in manner & form as accused in the within Indictment and do my and determine that he (?) harm there do undergo a confinement in the Jail Penitentiary house of this state for the term of one year.
Benjamin T Davis
To the Honorable Judge and Justices of the Hickman Circuit Court in (?) knew sitting your petitioner Wm H Wade begs same. Humbly petitioning to state that he is a free born citizen of this United States of America and such has always regarded and respected the rights and presents of every person and that your petitioner further states that he has never been guilty of any crime whereby he has forfeit his rights and privileges as a freeman. Your petitioner begs same to further to present to your Honorable court that awing to some importance (?) as ever which he at present has not and which have become most gracious to him as he is now a confined prisoner in the hour walls of the Jail of said county and that without his consent and as he verily believes contrary to all law Equity and Justice which will more fully assessed by a certified copy of the cause of his caption and detention – which is there referred to and prayed to be taken as part of this his petition – Marked A and known the premises considered and in as much as your petitioner is without times remedy save and except by the interpretation. Your Honors, your petitioner therefore prays your Honors to grant to him the Commonwealth writ of Habeas Corpus which has never been denied to the parent Most humble individual in the community, endure like circumstance and that it may (?) when applied from Director to the Jailer of said county commanding him further to bring the body of your petitioner together with the cause of his caption & detention before your Honors at what ever convenient time and place you may think proper and save and Justice require and then upon your Honors hearing the cause of his caption and detention he your petitioner prays your Honors to release him from said confinement by discharging him and permitting him to give bail as your may think equitable & right and as in duty bond your petitioner will ever pray.
Wm H Waide
Hickman County & set:
This day Wm H Waide made oath before me the undersigned, one of the Commonwealths Justice of the Peace, that the matters and things as set forth in the foregoing petition so far depend on his own knowledge are true and so forth as stated from the information of others he believes them to be true given under my hand this 28th day of Oct 1839.
W. Murray JP
The affidavit of William H Waide shows that he was taken by surprise by the evidence of a witness named Long, that Long gave a coloring this his, Waide, conduct in the room at hall whether intentionally so or not, this affiant knows not, but he know that was untrue. This affiant was also taken by surprise by the evidence of Price B Edrington in reference to the Identity of the twenty dollar note. That this affiant was in the most eminent distress and confusion of mind when he conversed with witness Stevens and was not in a situation to well recollect from whom he received the twenty dollar bill that was so strongly identified by witnesses Griffey and Edrington; that he now thinks and verily believes that he received said bill from his father and that if he did, that he is confident his father took or caused to be taken the number and prominent marks of the bill, that his is confident that he can produce his father or the agent who took the on his trial at next term of this court by whom he can identify the said note, that his father is a resident of the state of Virginia and quite old and had he not been taken by surprise in the evidence he did not think his fathers testimony necessary or he would under the inconveniences have made the effort to have him before the court so far as it regards the surprise of Longs testimony. He verily believes he can prove by the only Witness present, on rear a Mrs. Bowles, that it was untrue but the reason why he did not present said witness on the trial he had no idea that the testimony of Long would have been such as it was. This affiant further represents that a juror who set on the trial of his cause as he is informed and believes was not a man of sane or sound mind, that he knew nothing of said juror, where name was Charles Harris, before the trial. If he had ever seen him he knew nothing of his infirmities but he has no recollection of ever seeing him before. This affiant further represents that he was in embarrassed circumstances at the time and would if his circumstances would have allowed it have gone on to Virginia and brought his father here that he now verily believes he can produce him on the trial.
Personally appeared before the undersigned, an acting Justice of the Peace for Hickman County, William H Waide and made oath that the matters and things contained in the foregoing affidavit so far as they depend on his own knowledge are true and so far as they depend upon the information of others he believes them to be true. As given under my hand and seal this 13th day of June 1840.
William Robinson, JP
Hickman
County to wit;
Be it remembered William H Waide, and Stephen Ray, Robert N Lewis, William W Hundley, C.Y. Shuck, George W Barber, & WB Jenkins and John Moss this day personally appeared before us, Lewis Scarce & Wm S Jordan, Justices of the Peace for said county, and severally acknowledged themselves indebted to the Commonwealth of Kentucky in the sum of one thousand four hundred dollars that is to say William H Waide in the sum of seven hundred and fifty dollars, Stephen Ray, RN Lewis, Wm W Hundley, C.Y. Shuck, GW Barber, WB Jenkins and John Moss each to be levied of their lands and tenements goods and chattels but to be void upon the said Wm H Waide personally appearing in the circuit court for the County aforesaid on the second day of their next term and surrendering himself into custody to answer to the Commonwealth for a felony which the said William H Waide stands charged before us:
Acknowledged before us this 4th day of November 1839, which is certified to said Circuit Court
Lewis Scarce JP
Wm S Jordan JP
Wm H Waide {seal}
Stephen Ray {seal}
RN Lewis {seal}
Wm W Hunelley {seal}
C Y Shuck {seal}
GW Barbour {seal}
WB Jenkins {seal}
John Moss {seal}
Jos M Samuel {seal}
Note: The
image of this document was scanned and available as all signatures are different
handwritings and I believe to be the actual signatures of the parties mentioned
above. rdh
Reasons for setting aside verdict trial in the case of the Commonwealth vs. W.H. Waide
Filed June 12th 1840
WHH Taylor
Made at Commonwealth}
The defendant made moves the count by his counsel to set aside the verdict of the Jury and grant him a new trial for the following reasons:
1st because the verdict was contrary to law.
2nd because the verdict was contrary to evidence
3rd because he was surprised at the evidence of the witness Edrington who had never been summoned as a witness in the cause.
4th because he is informed that one of the Jury is a man of notorious insanity.
Kentucky,
Hickman County set:
This day John B Nevill personally appeared before the undersigned, an acting
Justice of the Peace for said County and made oath that he served on the Jury
with Charles Harris at the present Term of the Hickman County Court in the case
of the Commonwealth against W.H. Waide and that said Harris had every appearance
to decide on said case there under the Jurors consideration with as much sense
and discretion as is common and further states that he seen nothing in said
Harris’ conduct during the Term of Jury was in session that went to show
anything like insanity attack to said Harris’ mind given under my hand this 12th
June 1840.
William Robinson
Hickman County set:
This day Ephraim Shoefield personally appeared before the undersigned, an acting Justice of the Peace for said County and made oath that he has been intimately acquainted with Charles Harris for many years and that about three years past, he was taken with a pain in his head which for a short time appeared to anger his mind but for the latter years he had had a good mind and since reason as is common for any man to have and he also states that said Harris is a tolerable good scholar for a farmer & I do further state that I have frequently called on said Harris to make important calculation, such as computing interest & have always found his prompt & accurate in the same, this affiant would further state that we are brothers in law & have been intimately acquainted for the last twenty years & during that time in the habit of intimacy & on the transaction of business and frequent dealing with each other.
Given under my hand this 13th day of June 1840.
Thomas James
J.P.
Kentucky, Hickman County set:
This day B.T.
Davis personally appeared before this undersigned, and acting Justice of the
Peace for the said county in due form of law and made oath that he served on the
Jury at the present Term of the Hickman Circuit Court with Charles Harris in the
case of the Commonwealth against WH Waide and that during that time he conversed
with said Harris both privily and in presence of the balance of the jurors and
that he considers and believes said Harris to be a man of common sound sense and
reason and that said Harris appeared to give his opinion at all times relative
to the case then before the jury with as much firmness and without embarrassment
as is common for any man to do in similar cases when on a jury.
Given under my hand this 12 June 1840.
William Robinson
The affidavit of George Reese shows that William Harris, one of the venive who sat with this affiant in the case of the Commonwealth vs William H Waide took no part in the affairs that he noticed upon their relievement Harris except that said Harris asked him twice where he was to get his pay from that this affiant paid particular attention to the conduct of said Harris on said decision.
Personally appeared before the undersigned, an acting Justice of the Peace George Reese and made oath that the statements contained in the foregoing affidavit are true to the best of his knowledge and belief.
William Robinson
The
affidavit of Benjamin S. Mason shows that he has been acquainted about six years
with Charles Harris and I consider him at times not in his proper mind at other
times harmless and inoffensive and if I had business of importance I would not
be willing for him to determine it for fear that he might not be in his proper
mind.
Witness my hand this 12 day of June 1840.
Ben S. Mason
Hickman County set:
Benjamin S Mason personally appeared before me the undersigned, an acting Justice of the Peace for said county and made oath that the above statements are true to the best of his knowledge and belief.
Given under my hand this 12 June 1840.
William Robinson
Kentucky Hickman
County set:
This day Johnathan Ellis personally appeared before the undersigned, an acting
Justice of the Peace for said county in due form of law and made oath that he
served on the jury at the present Term of the Hickman Circuit Court with Charles
Harris in the case of the Commonwealth against W.H. Waide and that during that
time he conversed with said Harris both privily and in presents of the balance
of the jurors and that he considers and believes said Harris a man of common
sound sense and reason and that said Harris appeared to give his opinions at all
times relative to the case then before the jury with as much firmness and
without embarrassment as is common for any man to do in similar cases when on a
jury.
Given under my hand this 12 June 1840.
William Robinson
The affidavit of James M Reilly shows that he has been acquainted with Charles Harris for about the last five or six years that he looks upon him as a man of unsound and insane and that he has been at his Reilly’s house that he has traded with his wife and son who appear of sound mind but never with said Harris because he did not think him capable of transacting business that Harris was on the venive in the case of Commonwealth vs WH Waide. Personally appeared before the undersigned, an acting Justice of the Peace for Hickman county James M Reilly and made oath that the statements in the above affidavit are true to the best of his knowledge and belief.
William Robinson
Hickman Circuit set
This day William E Bishop personally appeared before me once of the Commonwealth Justices of the Peace for the county aforesaid and made oath that he has very frequently in the last twelve months said Harris who served as one of the vinergmen in the case of the commonwealth vs William H Waide at the present Term of the Hickman Circuit Court and has had him in his employment as a labourer some time and he believes from settlements made with him and frequent conversations with him on different subjects his is a man of perfectly sane mind and of tolerably good education.
June 13th 1840
Thomas James
J.P.
Hickman County set:
This day Thomas Griffey personally appeared before the undersigned, an acting Justice of the Peace for said County and made oath in due form of law that he has been acquainted with Charles Harris for the last six or seven years, who server on the jury at the present Term of the Hickman Circuit Court in the case of the Commonwealth against WH Waide and that he has collected taxes from said Harris at different times since he became acquainted with said Harris and that in all their transactions since these acquaintance he had never seen anything in said Harris cause of business that had any appearance of insanity attack to his mind he also states that he never heard of anything of the kind charge against said Harris until the jury brought in their verdict in the case above stated.
Given under my hand this 13th June 1840.
Thomas James
J.P.
The affidavit of William Piper shows that he has been acquainted with Charles Harris about 8 years, that this affidavit does not look upon said Harris as a man generally fit for business, he considers him well dispersed and harmless but not of sound mind. And he does not look upon him as a man fit for business that requires discernment.
Personally appeared before the undersigned, an acting Justice of the Peace for Hickman County, William Piper and made oath that the statements in the above affidavit are true to the best of his judgment and belief.
William Robinson
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Elisa A David to appear before the Judge of our Hickman Circuit Court
at the Courthouse in Clinton, on the 31st day of our present June
term to testify and the truth to speak in behalf of WH Waide in a certain matter
of controversy now in our said court depending wherein the Commonwealth of
Kentucky is plaintiff and said Waide is defendant and this you shall in no wise
omit under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
10th day of June 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on E.A. David June 10th 1840
Joseph Smith, DS for
Wm Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Robert N Lewis, David Firm, Stephen Ray, Sherman Ray, Robert Moore
& Saul Morris, GW Humphreys, David Patton & Joseph Smith to appear
before the Judge of our Hickman Circuit Court at the Courthouse in Clinton, on
the 31st day of our present June term to testify and the truth to
speak in behalf of William H Waide in a certain matter of controversy depending
in said court, and undetermined between him the Commonwealth of Kentucky and
this you shall in no wise omit under the penalty of £100 and have then there
this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
4th day of May 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on R.M. Moore, Saul Moore, Joseph Smith, Stephen Ray, Sherwood Ray, David Firm, DS Patton , GW Humphrey.
LD Stephens, DS for
W. Holeman SHC
June 1840
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Beckham to appear before the Judge of our Hickman Circuit Court at the
Courthouse in Clinton, on the first day of our next June term to testify and the
truth to speak in behalf of the Commonwealth in a certain matter of controversy
depending in said court, and undetermined between him the Commonwealth of
Kentucky vs William H Wade and this you shall in no wise omit under the penalty
of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
8th day of June 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on Beckham June 8th 1840
LD Stephens DS for
W. Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Benjamin Mason, Ephraim Shuefield, William Wilson, Isaac Canada &
James Reilly to appear before the Judge of our Hickman Circuit Court at the
Courthouse in Clinton, on the 5th day of our present June term to testify and
the truth to speak in behalf of the William H Wade in a certain matter of
controversy depending in said court, and undetermined between him the
Commonwealth of Kentucky vs William H Wade and this you shall in no wise omit
under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
12 day of May 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on Ephraim Shuefield, Isaac Canedy & William Wilson June 12th 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 summon David Firm to appear before the Judge of our Hickman Circuit Court at
the Courthouse in Clinton, on the 1st day of our next April term to
testify and the truth to speak in behalf of William H Waide in a certain matter
of controversy now in our said court depending wherein the Commonwealth of
Kentucky is plaintiff and said Waide is defendant and this you shall in no wise
omit under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
21st day of November 1839 and in the 48 year of the Commonwealth.
WHH Taylor
I acknowledged
the serving of this subpoena November 25th 1839.
David (his X mark) Firm
Witness JW Gibson
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Liandsy Berry & C. M Ashley, & GW. Humphreys & Islam L
Davis to appear before the Judge of our Hickman Circuit Court at the Courthouse
in Clinton, on the 2nd day of our next June term to testify and the truth to
speak in behalf of the Commonwealth of Kentucky in a certain matter of
controversy now in our said court depending wherein the Commonwealth of Kentucky
is plaintiff and said Waide is defendant and this you shall in no wise omit
under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
9th day of June 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on C.M. Ashley, Liander Berry GW Humphreys June 9th 1840
LD Stephens DS for
W Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of McCracken County Greeting:
We command you
to summon Lang to appear before the Judge of our Hickman Circuit Court at the
Courthouse in Clinton, on the 2 day of our June term to testify and the truth to
speak in behalf of the Commonwealth in a certain matter of controversy depending
in said court, and undetermined between him the Commonwealth of Kentucky vs WH
Wade and this you shall in no wise omit under the penalty of £100 and have then
there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
20 day of May 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on James B Lang June 1st 1840
RG Fletcher DS for
P. Williams SMC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Isaac B Gibson 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 William H Wade in a certain matter of
controversy now in said court depending, wherein the Commonwealth of Kentucky is
plaintiff and said Wade is defendant and this you shall in no wise omit under
the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
28th day of March 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Execute on Isaac B Gibson March 28th 1840
LD Stephens DS for
W Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon Thomas Griffey, John Hanna, LD Stephens to appear before the Judge of
our Hickman Circuit Court at the Courthouse in Clinton, on the -- day of our
April term to testify and the truth to speak in behalf of the Commonwealth in a
certain matter of controversy depending in said court, and undetermined between
him the Commonwealth of Kentucky vs WH Wade and this you shall in no wise omit
under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
21 day of November1839 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on John Hanna, Thomas Griffey & LD Stephens January 22nd 1840
LD Stephens DS for
W. Holeman SHC
Warrant:
The Commonwealth of Kentucky:
To the Sheriff of Hickman County Greeting:
We command you
to summon John Hanna, & John Moss & Price Edrington to appear before the
Judge of our Hickman Circuit Court at the Courthouse in Clinton, on the 2 day of
our June term to testify and the truth to speak in behalf of the Commonwealth in
a certain matter of controversy depending in said court, and undetermined
between him the Commonwealth of Kentucky vs Wm Wade and this you shall in no
wise omit under the penalty of £100 and have then there this writ.
Witness Wm H H Taylor Clerk of our said Court, at the courthouse aforesaid, the
15 day of May 1840 and in the 48 year of the Commonwealth.
WHH Taylor
Executed on Price Edrington May 30th 1840,
Thomas Clark DS for
Wm Holeman SHC
Executed on John Hanna and John Moss May 21st 1840
LD Stephens DS for
Wm Holeman SHC