Pendleton County "Bad Boys"
"The Lawyer's Office" by Lee Durbin
Excerpts from Court Records
Source: The Falmouth Outlook 1834
A special thank you to Debbie Dennie, Editor of The Falmouth Outlook!
Transcribed with permission by Bonnie Snow
February 12, 1800 Court
Held for the examination of Charles Stern charged with either stealing or harboring a certain Negro man slave named, Deck, the property of Thomas Arnold of Bourbon County. The said Charles Stern being charged with the above mentioned was brought to the bar in custody of the sheriff. Whereupon divers witnesses to wit: Fielding Coppage, William Mountjoy, and John Waller, were sworn and examined upon the premises and the prisoner heard in his own defense. Upon consideration and testimony of said witnesses it is the opinion of the said Court that the prisoner ought to be discharged from his imprisonment and his is discharged accordingly.
June 9, 1800 Court
Vs Thomas Anderson
At a court of trial held for the county of Pendleton at the courthouse on
the ninth day of June, 1800, for the examination of Thomas Anderson of the
county aforesaid who stands committed to the Goal (jail) of this county charged
with feloniously murdering John Wright.
The above named Thos. Anderson was led to the Bar and upon Examination denied the fact upon which he was charged. Whereupon divers witnesses (to witt) William Mountjoy, Hezekiah Wheelor, (Wheeler) Geo. Hendricks, John Carpenter, James Kemp, Elijah McClanahan, James Lanier were sworn and examined upon the the premises and the prisoner heard in his on defense. On consideration whereof and of the circumstances relating to the crime it is the Opinion of the Court that the prisoner ought to be tryed (sic) for the said supposed fact at the next District Court on the first day thereof at the Court House in the town of Washington and therefore he is remanded to Goal.
The deposition of William Mountjoy sayeth: That on Tuesday, the 3rd instant, the deponent saw Wright in the morning and that in the evening he appeared to be intoxicated, that later in the Afternoon Wright called upon Anderson for the Key to the House where Anderson lived. Anderson refused. Wright said, "I will have possession and keep it as long as I live or long as I please." Wright then left them and went to the House where Anderson lived and Broke open the door and stood there with a gun and a knife. Anderson went to the House and called this Deponent and others to take notice, and I advised him to let Wright alone as he was drunk. Anderson said he would have possession and Keep his house at the risque (sic) of his life. Wright a few minutes afterward seemed calm and quiet, he put down his gun on the "Britch" and his Knife in his pocket. Then Anderson seized him and dragged him from the Door. A scuffle ensued. Wright got loose and drew his knife and attempted to stab Anderson and directed him not to come near him. The other not fearing Wright's knife pushed him towards the door. Wright turned and went in. Anderson then seized an ax that was at the side of the House and struck Wright, who had just got within the door and was turning around, below the left breast, extending down towards his navil (sic) and cut him a wound 9 inches long and into the Hollow of his body and his Entrails immediately fell Out and he supported them with his hand & cried out, "You have killed me."
TThe testimony of Geo. Hendrick, Hezekiah Wheelor, John Carpenter and James Kemp,
the same in substance with a few variations.
TThe testimony of Elijah McClanahan who deposith and sayeth that Thomas Anderson
some time Before the accident happened asked him, the said McClanahan, whether a
man would be Justifiable in Killing another in defense of his property.
JJames Lanier deposith and sayeth that John Wright told him on the Day he was killed that he would Either kill Anderson or Anderson should kill him but what he would have possession of the House.
William Mountjoy, John Carpenter, George Hendricks, James Kemp, Hezekiah Whellor, Elijah McClanahan and James Lanier came into Court and severally acknowledged themselves indebted to James Garrard, Esquire, Governor of the Commonwealth of Kentucky, in the sum of one Hundred pounds each current money to be levied off their respective goods, chatels, lands and tenements and to the use of this Commonwealth rendered upon condition that if they and every one of them shall personally appear Before the Honorable, the Judges of the District Court, at the Court House in the town of Washington, on the first day of the next July Court and shall then and there Testify and give evidence against Thomas Anderson of the county touching a certain murder wherewith he stands charged and shall not depart thence without leave of the said Judges, then this is "recognizanzed" to be void.
Teste: Alvin Mountjoy
Source: Book 1, Page 119. Quarter Session Court Records.ont>
November Term 1800nt>
Co'wealth vs John Forsythe
Presented for beating and wounding Samuel Vance. The defendant
appeared and plead not guilty, and for reasons appearing to the Court his is
discharged
Joseph Brann, Infant, (under
age 14) by Andrew Brann, his next friend (father), vs Henry Childers & wife
This day came the Plantiff by his attorney and thereupon came also a jury ... to
enquire what damages the Ptff hath sustained by reason of the defendant beating
and wounding the said Plaintiff, upon their oaths do say that the Plaintiff hath
sustained Damages by reason thereof to one penny besides cost. Therefore
it is considered that the Plantiff recover against the Defendant the sum of one
penny Damage by the jurors afsd (aforesaid) in form afsd assessed and also his
cost by hin in this behalf expended and the said Deft. in mercy &c.
July Term 1804
Vs James, a Negro Slave
At a court of Oyer and Terminer (hearing and determining, legal term) held
for the trial of James, a Negro slave, the property of James Wilson, charged
with feloney (sic) on Satterday (sic) the seventh day of July 1804.
James, a Negro of the county of Pendleton, who stands committed for felony was
led to the bar in custody of the jailor and there arraigned and pleaded not
guilty of the felony and for his trial put himself upon God and his country and
the attorney on behalf of the Commonwealth likewise. Whereupon came a jury
. . . and having heard the evidence upon their oaths do say that the said James
is guilty of the felony aforesaid in manner and form as in the commitment
against him is alleged and do sentence him to receive five Lashes on his bare
back at the publick whipping post . . . which being done in the presence of the
Court he is discharged out of custody &c. Note: The crime James
was accused of was not mentioned.
February Term 1805
Vs Harrey, a Negro Slave
At a court of Oyer and Terminer held for Pendleton county at the courthouse
on the 20ty day of February the year our Lord one thousand eight hundred and
five for the trial of Harrey, a Negro man slave, the property of James Wilson,
for felony.
The prisoner was set to the bar in custody of the jailor and it being demanded
of him whether he was guilty of the felony afsd. or not and he said he was
nowise thereof guilty and for his trial put himself upon God & his country
and the Atty. for the Commonwealth likewise, whereupon came a jury to wit:
Charles Colvin, John Sanders, Joseph K. Glinn, Fielding Coppage, Lewis Colvin,
Joshua Watkins, Goodrich Lightfoot, Samuel Lockwood, Alexander Caldwell, Jacob
Downard, William Stites and Edward Downing, who being elected, "tryed"
and sworn the truth of and upon the premises to speak and having heard the
evidence upon their oath do say that the said Harrey is guilty of the felony in
manner and form as charged against him &c whereupon the said Harrey being
again led to the bar and it being asked of him if anything he had to say why the
Court should not proceed to Judgment and award execution agreeable to law the
said Harrey answered he had not. Therefore it is considered by the Court
that the said Harrey receive thirty-nine lashes on his bare back, which being
executed in the presence of the Court he is discharged out of custody.
Note: The crime Harrey was accused of was not mentioned.
March Term 1806
Among Cases up:
Jacob Downard vs. David Blackburn, slander
Jacob Forsythe vs. James Parmer, on a peace warrant
Samuel Thomasson vs. John Doty, trespass, assault and battery
September Term 1806
Vs Jesse Stewart, At a court called and held on Wednesday, September 24, 1806, for the examination of Jesse Stewart who stands charged with biting off part of William Powers' lip. Commonwealth ptff. vs Jesse Stewart, deft. on a charge for maiming the lip of Wm. Powers. The said Jesse Stewart was led to the bar in custody of the jailor, an it being demanded of him whether he was or was not guilty of the maiming aforesaid, he said he was in nowise thereof guilty. Whereupon came as ? the attorney for the Commonwealth as the said Jesse Stewart by his attorney and the evidence being heard on both sides. On consideration whereof the Court are of the opinion that the said Jesse Stewart be released from further prosecution.
March Term 1807
William Hume, plaintiff vs.
James Theobald, defendant on an action in trespass. During the course
of the trial the following evidence was heard:
Robert Childers stated that in the winter of the year 1805 he was at the house
of Stripling Hume in the county of Pendleton in company with the plaintiff,
defendant and a certain Jeremiah Hyfield and hear it expressly agreed upon
between the ptff. and deft. that their title to the premises in the ptff's.
declaration mentioned were conflicting, and they jointly rented the said
premises to the sd. Hyfield who was to hold under their joint titles as their
lessee and that their titles were submitted and to referees by them named to be
examined into and a day named that he whose claim should be best should derive
the advantages & proceeds of the said leased premises, and that the sd.
Hyfield immediately made preparation for the cultivation thereof by hauling logs
thereon to build and the the sd. Ptff. failed to attend the arbitrators to have
his title investigated and the dispute settled. It was also proven that
the said Hyfield never did take possession by residing on the premises; but thta
shortly after the time of afsd. conversation and agreement as proven by sd.
Childers, the house upon the premises was burnt & Hyfield determined to have
nothing to do with them and "payed" no further attention to the
place. (Note: The logs hauled on the land by Hyfield were later
hauled off by defendants and the house burned. No decision reached at this
court.)
June Term 1807
Vs James Littell
At a court called and held in the county of Pendleton on the 15th day of
June, 1807, for the examination of James Littell who stands charged with
feloniously and with malice aforethought of the murder of William Owen on
the 8th day of June, 1807.
The said James Littell was led to the bar in custody of the jailer, and it being
demanded of him whether he was guilty or not guilty of the charge aforesaid,
declared that he was not guilty. Whereupon came the attny. for the
Commonwealth as well as the said James Littell by his attorney and the evidence
on both sides being heard, and in consideration thereof the Court are of the
opinion that the said James Littell ought to be tried for the charge afsd. in
the next Circuit Court and that he may be admitted to bail on his entering into
a recognizance in the sum of $3,000 with one security in the sum of
$3,000. Nathan C. Standeford, his security.
The court proceeded to take the depositions of John Buckley, William Mountjoy,
Charles B. Colvin and James Howe.
September Term 1807
Jury: John Goodwin,
foreman, George Taylor, Samuel Lockwood, Joseph K. Glinn, Fielding Coppage, John
Ammerman, Nelson Johnson, Lakey Shoemaker, Simon Rice, William Turner, Zachariah
Godman, John Thornton, John Baker, John Ackels, William McCray, Richard Mann,
Henry McCullough, William Dehart.
The Jury made the following presentments:
Josiah Thrasher, for retailing spiritous liquors by the half pint.
William Mountjoy and Waller Minor, for fighting.
Coleman Asb(ur)y and John Taylor Jr., for fighting.
Price Hume, for offering a challenge to John Ewing to fight with a gun.
Reubin Mullins, for retailing spiritous liquors by the half pint.
Indictment against James Littell for felony, a true bill.
March Term 1808
Jury: Edward Kemp, foreman,
William Caldwell, James S(o) uthard, Isaac Clemmons, Charles Boner, John
Thornton, William McCray, John Baker, Elias Duncan, William Monroe, Saml. Stites,
Lewis Clark, Charles Love, John Yelton, George Taylor, John Hobday.
Presentments:
Taylor Barton, for assault and battery.
John B. Lightfoot, for retailing spiritous liquors without a license.
Price Hume, for "profain" swearing
Price Hume, for breaking of the peace
Milcah Littell, for assault and battery.
On motion of the Attorney for the Commonwealth and it appearing to the court on the information of William McCray and James Southard of the grand jury that Coleman Asbury has been guilty of a contempt of this court, by cursing and abusing the grand jury after they were yesterday impaneled, and using to them contemptuous language derogatory to the dignity of this court and the institution of the grand juries, it is therefore ordered that an attachment issue returnable immediately to bring in the body of Coleman Asbury to answer said contempt agreeably to law and that subponeas (sic) be issued to said grand jurors to give testimony to this court against sd. Asb(ur)y.
May Term 1808
Jury: Drummond Wheeler,
foreman, William Bryan, Henry Hawkins, Henry McCullough, Joseph Best, John
Baker, William Bush, Joseph Hitch, William Gregg, John Earls, Reubin Turner,
Simon Rice, John N. Wheeler, William Harrod, De Esting Lightfoot, Francis
Coleman, John Carpenter.
Presentments:
Thomas White, for profane swearing
Indictments:
James Owens Sr., James Owens Jr., & George Owens, for a breach of the peace.
Francis Sterne & Thomas Turner, for an affray.
January Term 1812
Unknown Carpenter, ordered that the clerk of this county bind out the male children of Mrs. Elizabeth Carpenter as are under age to learn some useful trades and the female children until they shall arrive to the age of eighteen years to such persons as will take them, the father of the said children having long since deserted them, and they being in a state of starvation.
Coleman Asby (Asbury), Ordered that Coleman Asby be fined ? shillings for contempt to this court in default of payt, thereof six ? imprisonment, whereupon the said Asbury paid down his fine to the court.
March Term 1814
Jedadiah Ashcraft, Esq., a justice of the peace of this county, produced an account against the Commonwealth of Kentucky, for issuing a state's warrant against John Brumback, Paul Brumback and John Arnold, charged with felony.
The following was submitted by
Nancy Bray,
Thanks Nancy!
Murder Trial in
Pendleton County, Ky.
The Prisoners Convicted and Sentenced to be Hung on the 23 Day of November
At the recent term of the Pendleton Criminal Court, at Falmouth, Ky., Judge Wm.
E. Arthur presiding, Alexander Plummer and James Barns were put upon trial,
charged with the murder of Leonard Moss, a discharged Union soldier, in August
1865. The facts developed are in substance as follows:
About the 20th of August, 1865, a stranger, calling himself Leonard Moss, came
to the village of Falmouth and sold a horse for $125 to an officer in Colonel
O'Neal's regiment then stationed there. The next day Plummer and Barnes,
and the father of Barnes were seen in his company at several drinking places in
the town, drinking with him. Moses wore a heavy navy revolver in a
scabbard, buckled behind him, under his coat. James Barnes had the last
drink that Moses was was seen to take mixed for him, and in a few minutes they
all started out of town, Barnes upon one horse and Plummer another, with Moses
up behind him. The road leads immediately down to the ford crossing
Licking River, below the bridge, thence under the bridge; between the abutment
and the river, then up the bank into the main road. Before the party had
reached the ford, about 200 yards from the last drinking place, the hat of Moss
fell the the ground; Plummer jumped off, picked it up, put Moss in the saddle,
and got on behind him. After they had crossed the ford, Moss was seen to
make an attempt to turn back, and actually turned the horse around; but Plummer
seized the reins, urged the horse up the bank, into the road, and the whole
party were soon out of sight. Here, the road, for five hundred yards runs
up, hugging close to the river, separated from it by a skirting of trees and
underbrush cutting off the view from town. At this point within fifteen
minutes from the time they were last seem, a gentleman passing found Moss lying
insensible near the side of the road, with his skull broken, the wound extending
from the outward angle of the left eye horizontally to a point above the ear,
about two and a half inches deep, and an inch or more wide; the skull
driven into the brain; still breathing. In his hand he grasped a metallic
watch guard, the watch gone-the ring being broken, and his money and pocketbook
gone. A saddle stirrup was picked up near him corresponding with that upon
the saddle that Plummer rode. His revolver was afterward found some twenty
feet distant, where if had been thrown over the fence in the weeds.
The road from this spot winds up the hill to the top of the ridge, overlooking
the town, then winds its way northward toward Foster; Upon this road, about
three-fourths of a mile, from the place of the murder, Plummer and Barnes were
seen, in a very short time riding rapidly. Having reached this elevated
position, Plummer jumped the fence with his horse,rushed up to the house and
asked the young lady standing at the well for a drink of water. She dipped
a glass from the bucket and gave it to him. He put it to his lips with a
tremuleus hand, but spilled it upon his clothes, took a look toward town, said
"the rebels and Union men were fighting," and galloped off, joining
his companion. A fourth of a mile further on, they were seen riding a
rapidly as their horses could be forced along. Plummers right stirrup
dangling around his horse's breast; Half a mile further on, Plummer rode up to
the house of McClanahan, threw his saddle (less one stirrup) over the fence, and
said he "wanted the best saddle and best girth:" he took a saddle from
the porch, put it on his horse and rode off rapidly.
Mrs. McClanahan alarmed her husband, who immediately came form the field, got a
horse, pursued and arrested the party some two miles farther on the road. McClanahan
demanded his saddle. Plummer replied that "he was bearing
dispatches to Foster; he had authority to press the saddle and the horse too, if
he wanted it; that his name was McMath," &c., and galloped off. The
sherrif's posse were soon on their track, but the prisoners had reached the
house of old man Barnes, left their horses and taken to the woods, and left the
country. They were afterward arrested at the Ohio and Mississippi Depot in
Cincinnati, going West.
The trial was commenced on Wednesday morning, and submitted to the jury on
Saturday at noon. In about two hours the jury returned into Court with a
verdict of "Guilty." Plummer is twenty-two years old, has been
in Metcalf's Kentucky mounted regiment three years, and was discharged about six
weeks prior to the murder. During the trial he seemed exceedingly
indifferent, envincing no emotion or feeling when the verdict of guilty was
announced; not a muscle of his face was seen to move. Barnes is nineteen
years old. He appeared to suffer much during the last two days of
the trial. John N. Farber Esq., of Covington represented the Commonwealth,
assisted by Records & Duncan of Falmouth. Hon. J. W. Stevenson, of
Covington; and McManama & Ireland appeared for the prisoners.
On Tuesday the prisoners were brought into Court, and sentence passed upon them.
Plummer, upon being returned to the jail, remarked that there were three
men in Pendleton County that he wanted to kill--that one of them was in the
Courthouse. Then he was ready to die. The 23 day of November next is
the day fixed for their execution.
1911 Newspaper Article
HIDEOUS CRIME
E. T. Wood Decoyed to Lonely Spot and Brutally Murdered For His Money. Elijah T. WOOD, one of Pendleton's prominent farmers, was found murdered on the farm of Mrs. Barbara KLEE, one half mile south of town, near the second culvert on the Cynthiana 'pike, Saturday morning last. His skull was crushed in several places, and it is the most hideous and diabolical crime ever committed in our county. Mr. Wood came to town on the afternoon of Monday, Sept. 25th. He put his horse up in the livery barn of A. J. SHEEHAN and told Mr. PENDERGEST at the stable not to feed the horse that he was going home before dark. He returned to the stable later in the afternoon and told those in charge to feed the horse that he would be detained until 10:00 o'clock. Wood jogged about town during the afternoon and made a visit to the home of L. D. HALL, on Fifth street. His movements were mysterious as he was seen in several out of the way places. Mr. PUGH, who lives at the toll gate house at the edge of town, claims to have seen a short heavy-set man with something under his arm, going out the 'pike just after dark on that day, and a short distance behind him a tall heavy-set man followed. John ZEMPTER claims to have passed Wood near the first culvert and spoke to him. He did not see the second party, and it is supposed he hid when he heard the approach of Mr. Zempter's rig. As Mr. Wood did not return home that night, his widowed mother, who made her home with her son, gave out the word that he was missing. His friends about town began to inquire for him and the above facts developed. William Klee found the body of Wood on his mother's place about 50 yards from the 'pike. It was lying in an open field, and presented the most ghastly sight that could be imagined. The body had been lying there four days and five nights in all kinds of weather - rain, wind and sunshine. Decomposition had set in and his head could not be recognized as that of a human being. His skull in several places and jaw bones were fractured, and it was evident that he had been murdered with a slung shot. He was lying on his face and his clothing was in tact, showing that no struggle had taken place. About 15 feet up the hill was a storm apron out of a buggy, and on it was all the blood that he could have possibly lost. Near it was his stiff hat, not in the least broken or dented. Between the apron and the body his watch, which had stopped running at 11:28, was found with a string chain attached. Coroner George FRANK held an inquest and the following gentlemen composed the jury: W. T. MURPHY, A. A. TRUE, John AUSTIN, J. R. MAINS, Henry SCHUTTER, and J. E. HOLMES. A search of the body was made and nothing was found but a pocket knife and a small book containing two notes, which had been renewed at the Citizens Bank, and some other papers. The coroner's jury returned the following verdict: "We, the jury, find that the body before us is that of Elijah Wood, and he came to his death by parties unknown to us." Undertaker S. N. BECKETT took charge of the remains. The body had so decomposed that it had to be wrapped in a sheet just as it was and placed in a coffin. Interment took place in Riverside Cemetery that afternoon. His death is quite a mystery, but robbery was the sole object. It is known that he had as much as $135 on Friday before his death and he secured $100 more by making a note in the Sunrise Deposit Bank. He was decoyed to this lonely spot by supposed friends under the pretext of making some kind of a shady transaction. This is evident from the fact that he kept his movements concealed as much as possible. This fact makes it all the harder to solve the mystery. He had considerable money there is no doubt, but where he got it has not been learned, as it is evident he wanted to conceal it. he did very little banking business, and is known to have carried what money he had in his pockets. Saturday morning his mother came to town to offer a reward for her son, and made the remark that if he was dead L. D. Hall was the cause of his death. She claims that Hall made several trips to her home and tried to induce her son to buy some counterfeit money. Wood had a $3,000 mortgage on his place and he was told that he could liquidate this debt with "green goods." Woods was a bachelor and about 52 years of age, and a well-to-do farmer. His farm is estimated to be worth about $7,000. He was of a quiet disposition and a good citizen. He was a well read man and perferred staying at home at nights and reading his books rather than roaming about. Wood was of a nature that he could easily be led into a trap such as he was. His mother said that he was a changed man after Hall got to coming to their home. Wood was known to have drank, but never to excess. He leaves besides a mother one sister, Mrs. W. S. Lawson. Of the accused L. D. Hall but little is known. He came from Virginia and is a brother of J. L. Hall, of this place. He first came to our city as a horse buyer about eight or nine years ago and made periodical visits to our place until he located here with his family some few years ago. He married a Miss FOWLER, of Harrison county, and they have one child. Some years ago Mr. Hall claimed to be buying horses for the Russian government and at one time said that he was bottled in Port Arthur with a cargo of horses during the Russo-Japanese war. His life here has been a very mysterious one and he is still an enigma to our people. For the past few years he has not followed any business here. He is apparantly sixty years of age and of muscular build. Mrs. Wood swore to a warrant charging L. D. Hall with the crime. Sherriff RAVENSCRAFT arrested him at the Fair Grounds, and he is now in jail awaiting an examining trial, which is set for 1:00 o'clock Friday. Early Tuesday morning after the murder Hall bought a pair shoes, trousers and suspenders at J. E. FOSSETT's store and later changed a $20 bill at Joe SIPES confectionery. He went to Cincinnati on the 9:45 a. m. train and returned here Wednesday morning. He changed several $5.00 bills at the Fair Grounds on Saturday. Wednesday afternoon, before the body was found, Hall and Lewis HAMILTON made two attempts to get Wood's horse and buggy out of Sheehan's stable, but the request was refused. Hamilton claimed to have been working for Wood and he said he wanted to take the rig home and wait for his return. Hall said he believed Wood had gone to Cincinnati and he looked for his return at any time. Judge John H. BARKER appeared as Hall's attorney when he was brought before Judge CLARKE Tuesday. On Monday last W. S. LAWSON and J. B. WOOLERY were appointed as executor of the estate of the deceased.
The Following was generously Transcribed & Submitted by Sherida Daugherty, thanks Sherida!
BROAD RIDGE MEETING HOUSE
PENDLETON CIRCUIT COURT
PKG 212
May the 8th 1856
On the 5th day of Jan. 1856
percenlty appeared as a band of robbers At the Meeting house on broad ridge P.C.
Ky. And by force took the Stove out of said house and conselled it from the
people of Said house the fowloing men to wit T Winn Sen. & J Winn Sen. H.
Hawkins, John Tomlin
Also the above came in the Guise of Nonothings and obtained the key of Said
house under the pretenction of Transacting Som business in Said institution for
which they did not tuct (?) the business for which they obtained the key for.
Wm Hawkins
Wm Wilson
Wm Tomblin
A Revels
Jos Winn Jr
Jas McGinity
Jas Hopper
Rile Piercefield
T Duvalt
N. Willhite
N Simpson
Wm McMillian
S Delwarth
J C Mulfort
Jas Bethel
The names of the witnesses:
C.T. Dnaiel, JL Fisk, AL
Race, JR Stephenson, JR Morehead, Wm T. Race, T Laffrity
(This document probably
filed as information to Grand Jury)