Court Docket Transcripts of Resulting Trial
Transcript of the Appearance Docket Books Records of the U.S. Circuit Court Southern District of Indiana Indianapolis Division General Records Nos. 1-37, 1859-1908, Volume 1
APPEARANCE DOCKET
Date and Attorneys. Parties and No. 2821 Proceedings, Judgements, &c.
John Hanna
Indictment for Conspiracy The United States vs Andrew Huston July 31, 1862. Indictment filed; Cause No. 143 remitted from District Court; Capias ordered & issued and delivered to the marshal - Bail fixed at $1000. Feb 11 1863. Defendant entered into his Personal Recognizance for appearance on 1st day of next May Term in $2500. Feb 11, 1863. W. M. Bryan, Lewis Robinson, George W. Hueston, J. J. Bradley, M. McNeeley, James A. Easley, J. W. Easley, W. A. Pagott, Francis M. Neills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen by David McDonald entered into their Recognizance in $2500 for defendants appearance 1st day of May Term next. May 16, 1863. Nat Frasid defendant discharged.
APPEARANCE DOCKET
Date and Attorneys. Parties and No. 297 Proceedings, Judgements, &c.
John Hanna
Treason The United States vs Andrew Huston August 1, 1862. Indictment filed & capias ordered. August 4, 1962. Capias issued & delivered to Marshal. November 19, 1862. Defendant arraigned, plea of not guilty & jury impanelled (sic), and case submitted: November 22, 1862. Jury disagreed and discharged, and cause continued to next term of Court. February 11, 1863. Defendant entered into his Personal Recognizance in $2500, to appear on the 3rd Monday of May next; February 11, 1863. W. M. Bryan, Lewis Robinson, George W. Huston (sic), J. J. Bradley, M. McNeeley, James A. Easley, J. W. Easley, W. A. Pagott, Francis M. Neills, Samuel H. Mills, Joseph Phillips, and Charles W. Kichen (sic), by David McDonald entered into Recognizance in $2500 for defendants appearance 1st day of May term next. May 13, 1863. Jury impanelled (sic), part of evidence heard. May 14. Portion of the evidence heard. May 15. Evidence, arguments of counsel & charges of Court heard. May 15, 1863. Verdict of Jury “not guilty”.
Records of the U. S. Circuit Court, Southern District of Indiana, Indianapolis Division, General Records, Order Books, Mixed Cases (Nos. A-Z), 1837-1880, Vol. I.
Adjourned Term August 1st 1862 17th Day
The United States No. 282 vs Indictment for Conspiracy Andrew Huston Ordered that the defendant be required to give bail in the sum of one thousand dollars & that capias issue.
The United States No. 283 vs Indictment for Conspiracy Jesse Fuller Ordered that the defendant be required to give bail in the sum of one thousand dollars & that capias issue.
The United States No. 284 vs Indictment for Conspiracy Solomon Coker Ordered that the defendant be required to give bail in the sum of one thousand dollars and that capias issue.
This day the jurors of the Grand Jury appeared at the bar of this Court and returned into Court their eleven several Indictments for Treason each endorsed, “A True Bill, William P. Fishback, Foreman of the Grand Jury”, and not having finished the business before them again retire to their Room for further deliberation attended by a sworn bailiff.
The United States No. 285 vs Indictment for Treason Jesse Fuller Ordered that capias issue herein.
The United States No. 296 vs Indictment for Treason Taylor Mefford Ordered that capias issue herein.
Adjourned Term August 1st 1862 17th Day
The United States No. 297 vs Indictment for Treason Andrew Huston Ordered that capias issue herein.
The United States No. 298 vs Indictment for Treason
Nathaniel HicksOrdered that capias issue herein.
The United States No.299 vs Indictment for Treason Robert Slaughter Ordered that capias issue herein.
The United States No. 300 vs Indictment for Treason James Thompson
aliasJames McConnell Ordered that capias issue herein.
The United States No. 301 vs Indictment for Conspiracy William Phipps Ordered that capias issue herein, and that the defendant be required to give bail in the sum of one thousand dollars.
The United States No. 302 vs Indictment for Conspiracy William Cauelin (?) Ordered that capias issue herein, and that the defendant be required to give bail in the sum of one thousand dollars.
November Term AD1862 November 19th 3rd Day
(Continued from a previous page) and upon his motions his bail is fixed at twenty five hundred dollars, and thereupon the said Jesse Fuller and Abijah (?) Humphrey acknowledge themselves to be indebted unto the United States in the sum of twenty five hundred dollars each, to be levied of their goods and chattels, lands and tenements if default be made in the conditions following to wit: That the said Jesse Fuller be and appear before this Court on the first day of the next regular term thereof, to answer unto said Indictment and not depart thence without leave of the Court.
The United States No. 297 vs Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also; and the said defendant being arraigned upon said Indictment pleads not guilty thereto, whence upon a jury is called to wit; Joshua Seach, John H. Butler, William H. Bennett, Tobias M. Murphy, George McLean, John McDowell, Francis Willson, Franklin S. Jackson, Alfred Hayes, Henry F. Lippend, Alexander Johnson and Gordon F. Corlep, twelve good and lawful men of the District of Indiana, who being empanelled (sic) tried and sworn will and truly to try the issue and a true verdict give according to the evidence, after a portion of the evidence, by leave of Court and agreement of parties separate until tomorrow morning nine o’clock.
Ordered that court adjourn until tomorrow morning 9 o’clock.
(Signed) W. H. Swayne
November Term AD1862 November 20 4th Day
The United States No.279 vs Conspiracy Joseph Fuller Comes now John Hanna Esq prosecuting the pleas of the United States, and thereupon comes Joseph Fuller, John Hancock and Lewis C.Stinson, and each acknowledge themselves indebted unto the United States in the sum of one thousand dollars to be levied of their and each of their goods and chattels lands and tenements if default be made with the conditions following, to wit; that the said Joseph Fuller be and appear before this Court on the first day of the next regular term thereof, to answer unto said Indictment and not depart thence without leave of Court.
The United States No.297 vs Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also, and thereupon comes the jury aforesaid, who after hearing the Concluding Evidence and a portion of the arguments of counsel, by leave of Court and agreement of parties separate until tomorrow morning 9 o’clock.
Ordered that Court adjourn until tomorrow morning 9 o’clock
(Signed) W. H. Swayne
November Term AD1862 November 21st 5th Day
The United States No.297 vs Treason Andrew Huston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also, and thereupon comes the jury aforesaid, who after hearing the Concluding arguments of counsel, and receiving the charge of the Court retire to their Room to deliberate upon their verdict, and by leave of Court and agreement of parties upon finding their verdict, they can seal it up and hand it to the Clerk, and separate until tomorrow morning 9 o’clock.
Ordered that Court adjourn until tomorrow morning 9 o’clock
(Signed) W. H. Swayne
November Term AD1862 November 22nd 6th Day
The United States No.297 vs Treason Andrew Hueston And now comes into open Court the jury aforesaid, empannelled (sic) in this cause and report to the Court that after Mature deliberation and consideration of this case they find themselves wholly unable to agree upon a verdict, and that there is no prospect whatever of their being able to agree upon a verdict in this cause. It is therefore ordered by the Court that they be discharged from the further consideration of this cause; and that this cause stand continued for trial at the next term of this Court.
Records of the U. S. Circuit Court, Southern District of Indiana, Indianapolis Division, General Records, Order Books, Mixed Cases (Nos. A-Z), 1837-1880, Vol. J.
Adjourned Term February 11th 9th Day
This day the Jurors of the Grand Jury appeared at the bar of this Court and presented their Indictment endorsed “A true Bill Charles H. Tist foreman” and not having finished the business before them return again to their room attended by their Bailiff.
The United States No.297 vs Indictment for Treason Andrew Hueston Comes now into open Court said Defendant Andrew Hueston and acknowledges himself indebted unto the United States in the sum of Twenty five Hundred dollars to be levied of his goods and chattels, land and tenements if default be made in the condition following to wit: That the said Andrew Hueston be and appear before this Court on the first day of the next May Term of this Court, viz, on the third Monday of May next to answer unto said Indictment, and not depart thence without leave of Court.
The United States No.282 vs Indictment for Conspiracy Andrew Hueston Comes now into open Court said Defendant Andrew Hueston and acknowledges himself indebted unto the United States in the sum of Twenty five Hundred Dollars, to be levied of his goods and chattels, lands and tenements if default be made in the condition following to wit. That the said Andrew Hueston be and appear before this Court on the first day of the next May Term of this Court, viz, on the third Monday of May next to answer unto said Indictment, and not depart thence without leave of Court.
The United States No.297 vs Indictment for Treason Andrew Hueston Comes now into open Court David McDonald Esq one of the Attorneys of the Court in behalf of W. M. Bryan, Lewis Robinson, George W. Huston, J. J. Bradley, M. McNeely, James A. Easley, John W. Easley, W. A. Pagett, Francis M. Mills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen, and by virtue of a warrant of Attorney now produced and duly proved and acknowledged themselves to be indebted unto the United States in the sum of Twenty five Hundred dollars to be levied of their and each of their goods and chattels, lands and tenements if default be made in the condition following, to wit.
That the said defendant Andrew Hueston be and appear before this Court on the first day of the next Term thereof, viz, the 3rd Monday in May next, to answer unto said Indictment and not depart thence without leave of Court.
The United States No.282 vs Indictment for Conspiracy Andrew Hueston Comes now into open Court David McDonald Esq one of the Attorneys of the Court in behalf of W. M. Bryan, Lewis Robinson, George W. Hueston, J. J. Bradley, M. McNeely, James A. Easley, John W. Easley, W. A. Pagott, Francis M. Mills, Samuel H. Mills, Joseph Phillips and Charles W. Kitchen, and by virtue of a warrant of Attorney, now produced and duly proved, acknowledged themselves to be indebted unto the United States in the sum of Twenty five Hundred dollars, to be levied of their and each of their goods and chattels, lands and tenements if default be made in the condition following, to wit. That the said defendant Andrew Hueston be and appear before this Court on the first day of the next Term thereof, viz, the 3rd Monday in May next to answer unto said Indictment, and not depart thence without leave of Court.
Ordered that the Court adjourn until tomorrow morning 9 o’clock.
(signed) David Davis
May Term May 13th AD1863 8th Day
Ordered that the Clerk of this Court issue a Venire to the Marshal to summon 24 persons to serve as talesmen, on the Petit Jury of this Court.
Ordered that the Clerk issue a Venire to the Marshal to summon 24 more men to serve as talesman, on the Petit Jury of this of this Court.
The United States No. 297 vs Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States and the defendant in his own proper person and by Counsel comes also and thereupon comes a Jury to wit, Benjamin McKein, Joseph Ridgway, Oliver W. Voorhis, James A. McIlvain, Amos McCally, William S. Dermat, John Meyers, Daniel T. Conde, Isaac N. Phipps, Alexander Sargent, Thomas McAdams and William Vanpelt, twelve good and lawful men of the District of Indiana, who being empanelled (sic), tried and sworn well and truly to try the issue and a true Verdict give according to the evidence; after hearing a portion of the evidence and by order of the Court kept together in charge of the Marshal, until tomorrow morning at the calling of the Court at 9 o’clock.
Ordered that the Court adjourn until tomorrow morning 9 o’clock.
(signed) David Davis
May Term May 14th AD1863 9th Day
The United States No. 297 vs Indictment, Treason Andrew Hueston Comes now on this day John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by counsel comes also and thereupon comes the Jury aforesaid and after hearing a portion of the evidence are taken in charge of the Marshal until tomorrow morning at the calling of the Court.
Ordered that the Court adjourn until tomorrow morning 8 o’clock.
(signed) David Davis
May Term May 15th AD1863 10th Day
Friday Morning 8 o’clock May 15th AD1863. Court met pursuant to adjournment. Present Hon David Davis and Hon Caleb R. Smith
The United States No. 297 vs Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States, and the Defendant in his own proper person and by Counsel comes also and thereupon comes the Jury aforesaid, who after hearing the evidence, the arguments of Counsel and receiving the charge of the Court, retire to their room to deliberate and by leave of the Court and agreement of parties they have leave upon the finding of a Verdict to seal it up and return it into Court on tomorrow morning at the calling of the Court.
Ordered that the Court adjourn until tomorrow morning 9 o’clock.
(signed) David Davis
May Term May 16th AD1863 11th Day
Saturday Morning 9 o’clock, May 16th AD1863. Court met pursuant to adjournment. Present Honorable Caleb R. Smith
The United States No. 297 vs Indictment Treason Andrew Hueston Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his proper person and by Counsel comes also, and thereupon comes the Jury aforesaid and bring into Court the following as their Verdict, to wit, “We the Jury find the defendant not guilty”.
Therefore it is considered by the Court that said defendant as to said Indictment, go hence without day.
The United States No. 289 vs Indictment Treason William M. Brownlee Comes now John Hanna Esq prosecuting the pleas of the United States, and the defendant in his own proper person and by Counsel comes also, and upon being arraigned upon said Indictment pleads “not guilty”. And thereupon comes a Jury to wit, Benjamin McKein, Joseph Ridgway, Oliver W. Voorhis, James A. McIlvain, Amos McCally, William S. Dermat, John Meyers, Daniel T. Conde, Isaac N. Phipps, Alexander Sargeant, Thomas McAdams and Sutton Vanpelt, twelve good and lawful men of the District of Indiana, who being empanelled (sic), tried and sworn well and truly to try the issue and a true Verdict give according to the evidence; after hearing a portion of the evidence the arguments of Counsel, and receiving the Charge of the Court, and due deliberation had returned into Court the following as their Verdict, to wit, “We the Jury find the defendant “not guilty”. Therefore it is considered by the Court that said Defendant as to said Indictment, go hence without day.
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