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The Commonwealth of Kentucky vs James Hemby

Charges:
The Commonwealth of Kentucky Hickman County and Circuit, Set:

The GRAND JURORS, duly empanelled, sworn, and charged to enquire for said Commonwealth, and the body of the County aforesaid at the April term of the Hickman Circuit Court in the year 1839 upon their oaths present that James Hemby late of said County yeoman on the ninth day of April in the year eighteen hundred and thirty nine in the county of Hickman and Circuit aforesaid then once there did presume to keep a Tipling House in the County and Circuit aforesaid by then and there selling Whisky, brandy & Gin by the retail without first having obtained a license to keep a tavern against the form of the statute in that case made and provided, and against the peace and dignity of said Commonwealth.

Warrant:

The Commonwealth of Kentucky:

To the Sheriff of Graves County, Greeting:
We command you to summon James Hemby to appear before the Judge of our Hickman County Circuit Court, at the Court-House in the town of Clinton on the first day of next April term, to answer a certain presentment of the Grand Jury, against him at the April term, 1839 for keeping a Tipling House against the peace and dignity of the Commonwealth of Kentucky; and have then there this writ. Witness, WHH Taylor Clerk of our said Court, at the Court-House aforesaid, this 29 day Nov’r 1839 and in the 48 year of the Commonwealth. WHH Taylor

Backside of Warrant: Comonwealth sums James Hemby April 1840; Graves
Executed this 13^th day of Feb 1840.
E. Stokes DS for
JC Davis SGC

 Warrant:

The Commonwealth of Kentucky:

To the Sheriff of Hickman County, Greeting:
We command you to summon as we have often times before done James Hemby to appear before the Judge of our Hickman Circuit Court, at the Court-House in the town of Clinton on the first day of the next April term, to answer a certain presentment of the Grand Jury, against him found at the April term, 1839 for keeping a Tipling House against the peace and dignity of the Commonwealth of Kentucky; and have then there this writ. Witness, WHH Taylor Clerk of our said Court, at the Court-House aforesaid, this 29 day Nov’r 1839 and in the 48 year of the Commonwealth. WHH Taylor

You are likewise commanded to summon Wm McClendon & Wiley Weatherford to appear at the time and place aforesaid, as witness on that behalf of the Commonwealth in said case. WHH Taylor

Backside of Warrant: Commonwealth summons James Hemby April 1840.
The within named James Hemby not found in my county April 8^th, 1840.
Joseph Smith DS for
Wm Holeman SHC

Warrant:

The Commonwealth of Kentucky:

To the Sheriff of Hickman County, Greeting:
We command you to summon James Hemby to appear before the Judge of our Hickman Circuit Court, at the Court-House in the town of Clinton on the first day of the next July term, to answer a certain presentment of the Grand Jury, against him found at the April term, 1839 for keeping a Tipling House against the peace and dignity of the Commonwealth of Kentucky; and have then there this writ. Witness, H.L. Edrington  Clerk of our said Court, at the Court-House aforesaid, this 1 day May 1839 and in the 47 year of the Commonwealth. WHH Taylor

You are likewise commanded to summon Wm McClendon & Wiley Weatherford to appear at the time and place aforesaid, as witness on that behalf of the Commonwealth in said case. WHH Taylor

Backside: Commonwealth sums James Hemby July Term 1839
The within named James Hemby is not found in my county 24 June 1839.
Thomas Griffey DS for
A.S. Tyler SHC

Warrant:
Click image to enlarge

The Commonwealth of Kentucky:

To the Sheriff of Hickman County, Greeting:
We again command you to summon James Hemby to appear before the Judge of our Hickman Circuit Court, at the Court-House in the town of Clinton on the first day of the next October term, to answer a certain presentment of the Grand Jury, against him found at the April term, 1839 for keeping a Tipling House against the peace and dignity of the Commonwealth of Kentucky; and have then there this writ. Witness, H.L. Edrington  Clerk of our said Court, at the Court-House aforesaid, this 1^st  day August 1839 and in the 48 year of the Commonwealth. WHH Taylor

You are likewise commanded to summon Wm McClendon & Wiley Weatherford to appear at the time and place aforesaid, as witness on that behalf of the Commonwealth in said case. WHH Taylor

Backside:
Click image to enlarge

Commonwealth alias sums James Hemby, October Term 1839.
The within named James Hemby is not found in my county 8^th October 1839.
Tho Griffey DS for
A.S. Tyler SGC

We of the Jury find the within def’t guilty in manner and form as is charged in this within indictment and do issue his fine to the Commonwealth by (?) there of at Sixty dollars. Thos T.P. (McCarthy?)

Commonwealth 8 Presentment for keeping a Tipling House; James Hemby. Filed 10 April 1839
Attest: WHH Taylor clk
Processed 1 May 1839. WHH Taylor
We of the Jury find for the Commonwealth the sum of sixty Dollars
Orders filing Presentment           35
Att @                                               24
Sum @                                             37
July order countys ord alias         50
            Alias @                                37
Oct ord alias or court 25            50
  2 plus @ 77cents ea                    75
Sheriff                                          62
April order 25 Jury @ 1.00
3 ord @ 75                                  2.79
                                                    5.50
                                                9.01

End of case

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