Commonwealth of Kentucky v. Hezekiah Alexander, Jr. (a free person of color), Indictment

KYR-0001-020-0390.xml

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Citation
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Accession Number

KYR-0001-020-0390

Document Genre

Legal/Financial

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG18-99 to MG18-100

Place of Creation

Meade County, Kentucky

Date of Creation

29 January 1861

Dates Mentioned

1859-11

1859-07-20

1859-07

1861-01-29

Commonwealth of Kentucky v. Hezekiah Alexander, Jr. (a free person of color), Indictment, 29 January 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-99 to MG18-100, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0390, (accessed April 24, 2024).

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< 1 >
Meade Circuit Court
November Term 1859

<< Indictment as found by the Grand Jury >
The Commonwealth of Kentucky
against
Hezekiah Alexander Jr. (a free person of color)

The, Grand Jury of Meade County in the name and by the authority of the Commonwealth of Kentucky, accuse Hezekiah Alexander Jr, a free person of color, of the offense of burglary, committed as follows viz The said Hezekiah Alexander a free person of color, on the 20^th day of July 1859, in the night time, in the County aforesaid, broke into and entered the dwelling house of John, Funk with intent to commit a felony, against the peace and dignity of the Commonwealth of Kentucky.

Cicero Maxwell attorney for the Commonwealth

Information given by M^rs Funk wife of John. Funk

Summon for Commonwealth
George W. Noble.

<< Endorsement. >
A true Bill. Collins, Fitch Foreman of the Grand Jury.

<< Instructions given by the Court >
Commonwealth against Alexander Jr,

The Court instructs the Jury that they ought to convict the Deft. if they believe from the evidence that he at night entered the house of Funk, with intent to Steal or commit any other Felony. -- But if the Deft, lifted the window of the house intending to Steal, but put no part of his body within the house, he was not guilty of the charge in the Indictment.

The insertion of any part of the Defts body within the house with intent of going in to Steal, or do so any other felony, was a burglary.

< 2 >
<< Instructions given by the Court Contd >
If the Jury have a reasonable doubt whether any part of the body of the Deft. was inserted within the house, or a reasonable doubt whether he intended to committ a felony, they ought to acquit --

If the Deft. had a Stick merely to prop the window, and inserted it within the house, that was not such an entry, as would make him guilty of burglary --

<< Evidence given to the Jury on trial of the prosecution. >
Commonwealth
against
H, Alexander

The Commonwealth introduced Ann. Funk who stated that in July 1859 after She had retired to rest, She heard some one walking upon the Porch of the house where She resided, Shortly thereafter, She heard some one trying at the door of the Shoe Shop to get in -- ^(the shoe shop was in one room of the House,)^ one roof covering the whole, She heard some one at the window of the ~~Shoe~~ Shop, when She got up & looking out the window She saw the prisoner holding or hoisting up the Window with One hand, and in the other, in the act of putting a Stick under the window to hold it up. There were Boots. Shoes & Leather in the room. She did not think he had time to get his head in the window, or that either his head or elbow was, in the window, thought both were on the outside, the prisoner had frequently been in the Shop, but never at so late an hour,

This prisoner had been in Town all day and her husband had ~~been~~ ^been^ absent for a week or more

< 3 >
which was known to the prisoner, was usual absent when he went as he had on this occasion, a longer period of time than he had been gone this time, the Moon shone brightly. She knew the prisoner and believed it to be him, She had no doubt of it, as, She could See him clearly. She hollowed at him when he let the window go & fled --

This occured in the Town of Garnettsville Meade County Ky. A, good many persons lived close around. When the prisoner run She lit a Candle & it was twelve Oclock at night, The window was lying upon the Stick next morning, one end being in the inside & the other outside. --

This being all the evidence in the cause, the counsel for the prisoner moved the Court to discharge. the Jury & dismiss the Indictment, The Court overruled the motion to which the defendant excepts --

James, Stuart.

A Copy
Of the Indictment, Evidence & Instructions of the Court, given in the prosecution of the Commonwealth of Ky against Hezekiah Alexander Jr in the Meade Circuit, Court -- Upon the trial of which, the Deft was found Guilty & Sentenced to three years imprisonment in the Penetentiary of Ky.

Brandenburg -- 29^th January 1861.

Att
W^m Fairleigh Clk
Meade Circuit Court.

Commonwealth
vs } Partial Transcript.
Hezekiah Alexander Jr.

A Free Man of Color.

From Meade County.

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