Indictment pertaining to Mr. Davis
Item
Identifier
Q0000133587
Title
Indictment pertaining to Mr. Davis
Rights
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Type
text
Creator
Leo R. Boyd
Date
02/15/1859
Description
From the Alabama Department of Archives and History Governor A. B. Moore Collection. Formal indictment letter from a circuit court clerk against Mr. Davis for assault and battery with weapons.
Format
Indictment
Language
English
Place
Perry County, AL
Publisher
Alabama Department of Archives and History. (electronic version)
Contributor
Yanni Manolakos
transcription
I Leo R Boyd clerk of the circuit court of Perry County Ala. Certify that there an indictment
pending in said Circuit Court against Davis for “an assault and battery with weapons, that
under and by virtue of a cap? issued upon said indictment, the sheriff of Walker County
according to his return arrested said Davis and hand him over to appear to answer said
indictment. that at the Spring term 1858 of the Court the defendant Davis having failed to
appear a Conditional judgment was rendered against him and fineties upon said undertaking,
that in pursuance Of the order of the Court a notice to defendant & bail Was issued advising
defendants of the rendition of the Conditional judgment which was returned executed that at
the Fall term 1858 of the Court the said Davis appears on Monday of the Second week of Said
term, the day on which states’ business is set for trial by the statute, that in consequence of
the absence of the Hml AA Coleman the presiding judge the Court was adjourned over until
Monday of the third week of the term, that I on the second Monday aforesaid at the request of
said Davis asked the Solicitor and JW Garrett Esq defendants’ attorney to Consent that Davis’
Case be continued for the term. As Mr Davis had informed Me that he resided at a considerable
distance from the Court house, and that he could not again return conveniently to said term of
the Court in consequence of the [Sickng?] of his family, and as I distinctly recollect said Solicitor
& Garrott there consented that said case against Davis should be continued until the next
regular term , & that he could go home and remain for the term. Writing My hand Feby 19 1859
Leo R Boyd
Clerk
pending in said Circuit Court against Davis for “an assault and battery with weapons, that
under and by virtue of a cap? issued upon said indictment, the sheriff of Walker County
according to his return arrested said Davis and hand him over to appear to answer said
indictment. that at the Spring term 1858 of the Court the defendant Davis having failed to
appear a Conditional judgment was rendered against him and fineties upon said undertaking,
that in pursuance Of the order of the Court a notice to defendant & bail Was issued advising
defendants of the rendition of the Conditional judgment which was returned executed that at
the Fall term 1858 of the Court the said Davis appears on Monday of the Second week of Said
term, the day on which states’ business is set for trial by the statute, that in consequence of
the absence of the Hml AA Coleman the presiding judge the Court was adjourned over until
Monday of the third week of the term, that I on the second Monday aforesaid at the request of
said Davis asked the Solicitor and JW Garrett Esq defendants’ attorney to Consent that Davis’
Case be continued for the term. As Mr Davis had informed Me that he resided at a considerable
distance from the Court house, and that he could not again return conveniently to said term of
the Court in consequence of the [Sickng?] of his family, and as I distinctly recollect said Solicitor
& Garrott there consented that said case against Davis should be continued until the next
regular term , & that he could go home and remain for the term. Writing My hand Feby 19 1859
Leo R Boyd
Clerk