Commonwealth of Kentucky v. Jacob Walker, Transcript

KYR-0001-020-0594.xml

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Citation
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Accession Number

KYR-0001-020-0594

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

MG18-410 to MG18-417

Place of Creation

Brooksville, Bracken County, Kentucky

Date of Creation

15 March 1861

Dates Mentioned

1861-02-26

1860-08-29

1860-08

--02

1860-09-01

1861-02-28

1861-03-15

1860-03-20

Commonwealth of Kentucky v. Jacob Walker, Transcript, 15 March 1861, Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862, MG18-410 to MG18-417, Kentucky Department for Libraries and Archives, Frankfort, KY. Accessed via the Civil War Governors of Kentucky Digital Documentary Edition, discovery.civilwargovernors.org/document/KYR-0001-020-0594, (accessed April 23, 2024).

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<< 1.. >
Please before the Honorable Samuel M. Moore, Judge of the Bracken Circuit Court, at the Court house in Brooksville on the 26^th day of February 1861.

The Commonwealth of Kentucky Plaintiff
Against } Upon an Indictment.
Jacob Walker Defendant

Be it remembered, that heretofore towit, at a Court held for the Bracken Circuit, at the Court house in Brooksville on the 29^th day of August 1860. The Grand Jury sworn and charged for the County & Circuit of Bracken, returned to Court the following indictment, towit:

<< Indictment. >
Commonwealth of Kentucky
Bracken Circuit Court.

Commonwealth of Kentucky
Against } Vending Lotery Tickets &^c.
Jacob Walker

The Grand Jury of Bracken County in the name and by the authority of the Commonwealth of Kentucky, accuse Jacob Walker of the offence of unlawfully vending and having in his possession with the intention to sell, offer to sell and dispose of certain Lotery Tickets, committed as follows towit:

<< 2. >
The said Jacob Walker on the [ ] day of August in the year of our Lord one thousand eight hundred and Sixty, and on divers other days and times, before and since that time, and before the finding of this Indictment in the County aforesaid, certain Tickets and Sharer of Tickets, writings, tokens and devices, purporting and intended to entitle the holders and bearers to certain prizes and shares and interests in certain prizes to be drawn in a certain Lotery, commonly called "Morgans Gift Enterprize" purporting to be drawn in the State of New Jersey, unlawfully and wilfully did at the time and times aforesaid, & in the county aforesaid, vend and have in his possession with the unlawful intention then and there to sell and offer to sell and dispose of against the peace and dignity of the Commonwealth of Kentucky

W. E. Arthur
Atto. for Commonwth

<< Sums ord >
On the motion of the Attorney for the Commonwealth, it is ordered that said Indictment be filed, and that a Summons issue against the Defendant returnable to the first day of the next
<< 3. >
February Term.

At a Court held for the Bracken at the Court house in Brooksville on the 1^st day of september 1860.

<< Appearance entered. } >
The Defendant Jacob Walker came personally into Court, and by leave of the Court, entered his appearance, herein and deserved the same to be noted of record.

At a Court held for the Bracken Circuit at the Court house in Brooksville, on the 26^th day of February 1861.

<< Jury. >
This day came the parties by their attornies, and thereupon came a Jury twowit: Jonathan Hedgecock, Jerry Clerk, Elijah Clarke, James Bradford, George W. Marshall, Ezra Ham, George T. Schoolfield, Robert Litle, Eli Watson, Robert Ellis, George W Bratton and Samuel Shockey, who being elected, tried and sworn, well and truly to try the issue joined, upon their oaths do say "We the Jury find the Defendant guilty" and ~~the penalty~~ affix the penalty at One hundred dollars.

(Signed) G. W. Bratton.

<< Judgt. >
Therefore it is adjudged by the Court that the plaintiff recover of the Deft One hundred Dollars, the fine aforesaid
<< 4 >
and also her costs herein expended.

And the defendant shall stand committed to the jail of the County, until said fine is discharged at two dollars per day, unless sooner paid. --

At a Court held for the Bracken Circuit at the Court house in Brooksville, on the 28^th day of February 1861.

<< Motion for new trial & >
The Defendant by his attorny, moved the Court for a new trial of the cause, and produced reasons in writing therefo, which are ordered to be filed, as follows viz-

<< Reasons. >
The defendant Jacob Walker, asks of the Court a new trial in this case for the following reason viz --

1^st Because the Court erred in giving the instructions asked for by the Plaintiff.

2^nd. The Court erred in rejecting the instructions asked for by Defendant, and not permitting them to go to the jury.

3^d. The verdict of the jury was contrary to the law of the case.

4^th The verdict of the jury was contrary to the evidence.

Wherefore he prays that the verdict of the Jury and Judgment be set aside and a new trial granted him.

J. N. Furber Atto for Deft.

<< 5. >
And the law arriving upon said motion being argued, and the Court having considered thereof, overruled said motion.

The Defendant by his attorney tendered to the Court, the following Bill of Exception and Evidence, towit:

Commonwealth of Kentucky
Bracken Circuit Court

Commonwth of Kentucky
Against } Bill of Exceptions
Jacob Walker

"Be it remembered that upon the trial of the above action, the Commonwealth by her Attorney introduced the following witnesses who testified in substance as follows, towit:

<< Testimony of Jno. Bonde >
John Bonde -- Within one year next before the finding of the Indictment in the above case Defendant Jacob Walker had a prospectus proposing to sell certain steel engravings, with a number attached, for the sum of one dollar each, and each engraving it was understood, might or might not entitle the purchaser or holder to some article of jewelry, as a gift, the result to be determined by drawing out of this state, it might or might not have been in the state of New Jersey -- does not remember -- Purchaser
<< 6. >
one of these engravings and numbers and afterwards some trivial thing -- a piece of jewelry was sent to me as having been drawn by my engraving and number. It was some some gift enterprize. I do not now recollect whether it was called "Morgans Gift Enterprize" or not.

The proportion as I now recollect it, was that those taking a chance in it by purchasing an Engraving, could select from a certain list whatever engraving such person might choose -- His name was then forwarded to the office and recorded in a book, in the order of reception, opposite certain numbers placed in regular order, each of said numbers designating some articles of jewelry which the purchaser of the Engraving might become entitled to. The engraving was worth a dollar.

<< Testimony H. Ware >
Also the testimony of Henry Ware.

He purchased within a year before the Indictment was found, from Defendt a Lotery Ticket in "Morgans Gift Enterprize which was to be drawn Some where in the State of New Jersey. For this Ticket he paid Defendant one Dollar and got with it an article of jewelry
<< 7. >
worth one dollar, and the chance of drawing some more jewelry. The result was to be d determined by some drawing in the State of New Jersey -- He afterwards received a silver watch to which he was informed his Ticket had become entitled. Knows nothing of Defendants selling any other tickets.

<< Testimony W. M. Best >
Also the Testimony of W^m. M. Best.

He bought a ticket from Defendant within the time named -- paid a dollar for it -- He got with the Ticket certain articles of jewelry, worth one dollar, and a chance to get some more jewelry Does not recollect where the Tickets were from, nor the name of the Enterprize -- Knows nothing of Deft selling any other Tickets. He got the dollar's worth of Jewelry.

<< Testimony J. M. Mitchell >
Also the Testimony of James Mitchell

He within the time named purchased from Defendant a ticket, entitling him to one dollar's worth of jewelry with a chance of thereby drawing or becomeing, as the holder of the Ticket, entitled to some more Jewelry. He paid a dollar for the Ticket. It was in Morgan's Gift Enterprize, purporting to be drawn
<< 8. >

in the State of New Jersey.

Defendant is a Shoe Maker by trade. He keeps the post office in the Town of Brooksville.

All of the above wtnesses reside in same place. Never saw or knew or Walker's selling other Tickets. He got a dollar's worth of jewelry.

The within being all the Testimony the Court, on the motion of the Commonwealth's attorney, instructed the jury in the law of the case as follows, to wit.

<< Instructions Pltffs. >
If the Jury find from the evidence that the Defendant, in this County, within one year before the finding of the Indictment, sold or had in his possession, with the intention of selling or offering to sell any ticket or writing or certificate purporting or intended to entitle the holder or any other person to any prize or interest in any such prize to be drawn, in Morgan's Gift Enterprize, in the State of New Jersey, and that the amount or articles to be drawn by the holder of such ticket &^c. was to be determined by lot or by chance, then they will find Defendant guilty, and fix his punishment
<< 9. >
by a fine of not less than one hundred nor more than one thousand dollars.

To which Instruction the Defendant objected, and still objects. Defendants objections were overruled.

The Defendant moved the Court to instruct the Jury, in the law as follows

<< Defts Instruction >
viz. If the Jury believe from the evidence that each subscriber or ticket holder, got the value of the money by him invested in engravings, jewelry or other goods, the distribution of gifts or other property in addition thereto, amongst the subscribers or ticket holders, does not constitute it a lotery, and the law is for the Defendant.

To which the Attorney for the commonwealth objected, and the Court sustained the objection and refused the instruction asked for by Defendant.

To all of which said ruling of the Court the Defendant excepted and still excepts --

Upon the law and evidence being given to the Jury, the Jury returned the following verdict of guilty, ~~as fo~~ viz.

<< Verdict >
"We the Jury find the Defendant guilty and affix the penalty one hundred dollars.

G. W. Bratten Foreman"

<< 10 >
Whereupon the Court rendered the following judgment viz.

<< Judgt. >
"Therefore it is adjudged by the Court that the plaintiff recover of the Defendant One Hundred dollars, the fine aforesaid, and also her cost herein expended.

And the Defendant shall stand Committed to the Jail of the County until said fine is discharged at two dollars per day, unless sooner paid.

To which the Defendant excepted, and still excepts.

<< See Page 4. >
The Defendant then filed the following grounds for a new trial. viz (page 4) and moved the Court for a new trial, which motion was overruled by the Court, and a new trial refused, to which ruling of the Court, Defendant excepted and still excepts, and prayed an appeal which was granted, and moved the Court to sign this his Bill of exceptions, which is accordingly done

S. M. Moore

Which being signed by the Court is ordered to be made a part of the
record.

Index	Page
Indictment	1.
Summons ordered	2.
Appearance of Deft entered	3.
Jury	3.
Judgt.	3.
New Trial, Motion for	4.
" " Reasons	4.
Bill of Exceptions	5.
Testimony of Jno. Bonde	5.
" " H. Ware	6.
" " W. M. Best	7
" " J. M. Mitchell	7
Instructions, by Pltff --	8.
" " Defendt.	9.
Verdict.	9.
Judgt.	10
New Trial, Reasons	10.
Appeal granted	11.

<< 12. >

State of Kentucky
Bracken Circuit Court. Sct.

I, Rich^d J. Hughey, Clerk of the Court for the Circuit aforesaid, do certify that the foregoing eleven pages contain a full and complete transcript of the record and proceedings in the therein refered to.

Given under my hand this 15^th day of March 1861.

Rich^d J. Hughes clk

Clerks fee for this Record } $3.^00/100

Defendant, Jacob Walker resides in Bracken
Att
R. J. Hughey clk

Bracken Cir. Ct
Remitted
$100 } Lotery
Jacob Walker
Iss. Mar 30. 1860

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