Commonwealth of Kentucky v. Hezekeiah Alexander, Jr. (a free person of color), Transcript

KYR-0001-020-0391.xml

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Citation
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Accession Number

KYR-0001-020-0391

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

MG18-101 to MG18-106

Place of Creation

Meade County, Kentucky

Date of Creation

23 July 1860

Dates Mentioned

1860-06-23

1859-11-29

1859-11

1859-07-20

1859-12-03

1859-12-06

1860-05-01

1860-06-18

1860-06-19

1860-06-20

1860-06-30

1859-07

1860-07-23

Commonwealth of Kentucky v. Hezekeiah Alexander, Jr. (a free person of color), Transcript, 23 July 1860, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-101 to MG18-106, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0391, (accessed April 25, 2024).

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Commonwealth of Kentucky
Meade Circuit Court.. Sct

Pleas before the Honorable James Stuart JCommonwealth Circuit and Sole Judge in and for the said Meade Circuit Court at the Court House in Brandenburg on Saturday the 23^d day of June 1860 --

<< Parties Litigant >
The Commonwealth Plaintiff
against } On Indictment N^o 2 --
Hezekiah Alexander Jr Defendant

<< Preamble >
Be it Remembered, that heretofore, towit, at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on Tuesday the 29^th day of November 1859 --

<< Indictments for felony Returned by the Grand Jury >
"The Grand Jury delivered into Court and Indictment for Felony against -- Hezekiah Alexander Jr. which is Ordered to be filed -- and on Motion of the Attorney for the Commonwealth Ordered that a Bench Warrant issue on said Indictment with $300. Bail endorsed" --

Which said Indictment reads as follows, towit,

<< Indictment vs Deft Alexander for Burglary >
Meade Circuit Court
November Term 1859 --
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

< 2 >
<< Indictment for Burglary vs Deft Continued >
Alexander Jr, a free person of Color of the Offence 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 Mrs. Funk wife of John Funk --

Summon for Commonwealth
George W. Noble --

<< Endorsed "A True Bill" >
And the same is endorsed
A True Bill
Collins Fitch
Foreman of the Grand Jury --

And on the same day, towit on the 29^th day of November 1859 A Bench Warrant issued against the Defendant on the Indictment herein, reading as follows, towit,

<< Bench Warrant vs defendant issued & Executed >
Meade Circuit Court --
The Commonwealth of Kentucky --

To any Sheriff, Constable, Coroner, Jailer, Marshal or Policeman in this State -- You are hereby commanded forthwith to arrest Hezekiah Alexander Jr, and bring him before the Meade Circuit Court, to Answer an indictment in that Court against him for Burglary; or if the Court be adjourned for the term, that you deliver him to the Jailers

< 3 >
of Meade County --

Given under my hand as Clerk of said Court this 29 day of Nov. 1859 --

W^m Fairleigh C. M. C. C

On which is the following endorsement towit, --

<< Bail in $300 -- >
The Defendant may give bail in the sum of Three Hundred Dollars; and if he desires to give such bail it may be taken by the Sheriff of the County in which he is arrested or by the Sheriff of Meade County --

W^m Fairleigh C. M. C C

And also the following Sheriffs Return ^is endorsed^ to wit,

<< Sheriffs Return on Bench Warrant >
I arrested the deft H. Alexander Jr and he failed to give Bail as within directed and required and for his failure to do so I delivered him over to the Jailer of Meade County -- this 29 of November 1859 --

R. R. Jones S. M. C

And at the same term, towit, at a Court Continued, and held for the Circuit aforesaid at the Court House aforesaid on Saturday the 3^rd day of December 1859, (being the November Term Continued)

<< Bail fixed at $300 -- >

"On Motion of the Defendants Attorney, The Court fixed the Amount of said defendants Bail in this prosecution at the sum of Three Hundred dollars" --

And also at the same term, towit, at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on

< 4 >

Tuesday the 6^th day of December 1859 --

<< Defendant Executed a Bail Bond with H Alexander Sr his Security -- >
"The defendant being in Custody of the Jailer, was this day brought into Court and thereupon he, together with Hezekiah Alexander Sr (being free persons of Color) signed and executed a Bail Bond herein to the Commonwealth in the sum of Three Hundred dollars for his appearance &c at the next Term of this Court, Conditioned as the Law directs, which is Ordered to be filed" --

And the same reads as follows, towit

<< Bail Bond >
Meade Circuit Court
Commonwealth Plaintiff
Against } Bail Bond --
Hezekiah Alexander Jr (F. M. C) Defendant

Hezekiah Alexander Jr being in Custody, charged with the offence of Burglary and being admitted to bail in the sum of Three Hundred Dollars ($300) Now we Hezekiah Alexander Jr and Hezekiah Alexander Sr. his security, both free men of Color of the County of Meade and State hereby undertake that the above named Hezekiah Alexander Jr shall appear in the Meade Circuit Court on the 1^st day of its next May Term to Answer said charge, and shall at all times render himself amenable to the Orders and process of said Court in the prosecution of said charge and if convicted shall render himself in Execution thereof, ^Or if he shall fail to perform either of these Conditions^ that we will pay to the Commonwealth of Kentucky the sum of

< 5 >
Three Hundred Dollars -- ($300) --

Given under our hands this 6^th day of December 1859 --

Hezekiah ^his X mark^ Alexander Jr {Seal}
Hezekah ^his X mark^ Alexander Sr {Seal}

Witness
W^m Fairleigh Clk
Meade Circuit Court

And afterwards, towit, at a Court began and held for the Circuit aforesaid at the Court House aforesaid on Monday the 18^th day of June 1860 --

<< Deft Pleads Not Guilty >
"Came the Defendant and also the Attorney for the Commonwealth and Defendant for pleas says he is not guilty in manner & form as alledged against him in the Indictment herein, and thereupon

<< Jury empaneled and sworn to try the issue joined -- >
came a Jury, towit, Merritt Swinney, William Childs, Henry Hardaway, Paschall Meador, John Brown, Benjamin Neafus, Felix Shain, Henry Neafus, S. S. Richardson, William K. Brown, O. C. Richardson, and William A. Stanfield, who were duly elected tried and sworn the truth to speak upon the issue joined and a true deliverance to make --

<< Deft Moved the Court to dismiss the Indictment & Motion Overruled & deft excepts >After hearing the evidence adduced the defendant moved the Court to dismiss the Indictment on the ground that the same was not sustained by the proof which motion being considered by the Court the same is overruled to which Opinion the Deft excepts -- The Jury after hearing the evidence and argument of Counsel retired to their room for Consideration and in a short time returned into Court, the following

< 6 >

<< Verdict of the Jury >Verdict, towit, "We the Jury find the defendant Hezekiah Alexander guilty of the Charge Complained of in the Indictment & assess his punishment at three Years Confinement in the Jail and Penitentiary House of the State

Felix Shain foreman

Whereupon the defendant was remanded to Jail to await the sentence and Judgment of the Court"

And at the same term, towit at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on Tuesday the 19^th day of June 1860 --

<< Deft filed Causes for New trial >
Came the Defendant by his Attorney and produced into Court and filed Causes and moved the Court for a new trial herein, which Motion is laid over" --

Said Causes for New trial read as follows, towit,

<< Defendants Causes for New trial >
Commonwealth Pltff
vs
Hezekiah Alexander Defendant

In this Case the Defendant moves the Court for a new trial for the following --

1^st -- The Court erred in its instructions to the Jury --

2^nd The Verdict is against law & evidence --

3^d The Court erred in forcing him into trial at the present term -- his Attorneys who was employed in the Case and prepared the same abandoned and left the case after the same was Called --

< 7 >

And also at the same term, towit, at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on Wednesday the 20^th day of June 1860 --

<< Defts Motion for New trial Overruled & he excepts &c >
"Came the parties and the Motion for a new trial herein was taken up, argued, and overruled by the Court, to which the defendant by his Counsel excepts and prays an appeal to the Court of Appeals" --

And now at this day, towit, at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on Saturday the 23^d day of June 1860 --

<< Sentence and Judgment of the Court >
"The defendant was this day brought into Court and being informed of the nature of the Indictment, plea, and Verdict, was asked, if he had any legal cause to show why judgment should not be pronounced against him, and none being shown it is adjudged by the Court that the defendant be taken by the Sheriff of Meade County to the State Penitentiary and there Confined at hard labor for the period of three years -- Thereupon the defendant was remanded to Jail & to be delivered to the Sheriff when legally called for" --

And afterwards, towit, at a Court Continued and held for the Circuit aforesaid at the Court House aforesaid on Saturday the 30^th day of June 1860 --

<< Deft filed Bill of Exceptions & prayed an Appeal >
"Came the defendant & produced into Court and filed a Bill of Exceptions herein, and moved the Court for an Appeal from the Judgment rendered herein to the

< 8 >
Court of Appeals which is granted him" --

Which said Bill of Exceptions reads as follows, towit,

<< Defendants Bill of Exceptions & Statement of Evidence >
Commonwealth
Against
H. Alexander

The Commonwealth introduced Ann Funk who stated that in July 1859 after She had retired to rest, she heard someone 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 at the window of the Shop, when she got up & looking out of 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 & her husband had been absent for a week or more, 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

< 9 >
She knew the prisoner & beleived 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 occurred 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 O'Clock at night The window was lying upon the stick next Morning, one end being on 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 and dismiss the Indictment -- The Court overruled the Motion to which the defendant excepts --

James Stuart.

Commonwealth of Kentucky
Meade Circuit, Sct --

I William Fairleigh Clerk of the Circuit Court in and for the Circuit aforesaid do Certify that the foregoing Nine Pages Contain a full and Complete Transcript of the papers and proceedings had in the Cause therein mentioned, as the same appear of record and on file in my office --

Given under my hand at Brandenburg on this 23^d day of July 1860

W^m Fairleigh Clk
Meade Circuit Court

Fee for this Transcript -- $2.15 --

< 10 >

A Paper Containing Instructions to the Jury as written out by the Judge, (as it appears in his own handwriting) is on filed in the Cause, but, not being mentioned, or made part of the Defts' Bill of Exceptions -- I therefore did not copy it, as forming a part of the record, But beleiving it to be overlooked by Defts Counsel, and that the Court did instruct the Jury as mentioned in said papers I therefore Copy it, at the foot of the Transcript -- reading as follows -- towit --

<< Instructions given by the Court to the Jury. >
Commonwealth vs Alexander Jr.

The Court instructs that they ought to Convict the Deft if they beleive 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 any other felony -- was a burglary If the Jury have a reasonable doubt whether any part of the body the Deft. was inserted within the house or a reasonable doubt whether he intended to commit 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 --

Att W^m Fairleigh Clk
Meade Circuit Court

Commonwealth
vs } Transcript N^o 2.
Hez Alexander J^r
(Free Man of Color.)

For Burglary.

An Appeal refused
Henry C. Wood
Judge Ct Appls.

From Meade Circuit Court

Sarah White
S^t Cloud Hotel
Corner 2^d & Jefferson lives on 14^th Street between Portland road & Avenue.

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