Fleming County Circuit Court Case 4209
Commonwealth againts William and Elijah ROYSE
Sept 1827
January 8 1827 Commonwelth of Kintucky this day came
James TINSLEY personally before me B. RINGO a justice of
the peace and made oath that Elige[sic] RICE[sic] and Wm
RICE[sic] had from the information of Margerate REEVES shot
and brought two hogs one of which was marked in said
TINSLEYs mark and cleaned them at hir said REEVES and
left one at hir house unmarked and took the marked one
away with him to [--] of which appears must have been
feloniously taken aganst[sic] the peas and digity of
our said Commonwelth----
to any constible of Flemming county court [--] you are
hereby commanded in behalf and by the athority of said
commwilth to apprehend the said Elija RISE and Wm RISE and
bring them before me and som other justice of the peas to
answer the complant of said TINISLEY in behalf of said
Comminwilth and make [--] [--] how you have executed this
[warren?] [---] under my hand and seal the day and date
above ritin
Burtis RINGO
witness Landen BONIM Enoch TINSLY Margarit REEVES
Hiram REVES[sic]
On the back of the document appears:
To Wm
FILSON
Constable
10 Jan 1827 executed and parties present Wm. FILSON
- - - - -
Margaret REEVES stated that they brought two hogs to her
house on the fourth day of Jan 1827 and cleaned them and
divided them between her and sd ROYCES and she did not
know who they belonged to
Landin BERHAM stated that he found [a bed ?] where 8 head
of hogs lay that is five pigs and three old hogs that he
thought was Jams TINSLYs and sent him word and Enoch TINSLY
went to sd BENHAM and they went to the bed and there was but
one sow and four pigs and in looking around they saw
appearance of where there might have been A hog killed
there being snow on the ground and where something had
been dragged along A little way further [--] another
trail of something draged[sic] A long and sow blood and
followed the trails till they came together and went
down the hill
Enoch TINSLEY stated that he was with sd. BERHAM and saw as
above stated and followed the trail to Margaret REEVES house
and saw where hogs had been cleaned and asked for the
mark she told him that Wm ROYSE took the heads away but
before that he asked her who had draged hogs down the hill
she said Wm ROYS & Elijah ROYS & Hiram REEVES had and
[sic] cleaned them the next day Enoch TINSLY and his
father went back and asked her where the hogs was she said
Elijah ROYS had taken one away and the other one in the loft
and they might go up and see them and might take the meat
then Enoch TINSLEY went in the loft and found A head and
feet not [cleaned?] and sme sow meat and saw the ears was
not marked then asked her where the marked hog was she
say if the truth must come Elijah ROYS had it
Hiram REEVES stated he helped with the hogs and saw there was
A mark of A knife in the ear but did not know what mark it
was but knew it was not Wm ROYCEs mark and stated he
knew ROYCEs mark well
James TINSLEY stated that from the information he had
got he believed them to be his hogs and when they went
back as before stated he heard the same statement
made as above made by Margaret REEVES
Voluntary confession of Wm & Elijah ROYSE
Wm ROYSE said one was marked and not in his mark the
other not marked and no hog in the company in his mark
and Elijah ROYS said he shot both of the hogs at the bed or
near it and got part of the meat and knew them not to be his
the above is A true statement of the evidence given in
before us in the case of the
commomwealth vs Wm & E ROYSE this 10th day of Jan 1827 Bertis RINGO
Samuel FILSON
Fleming county to wit be it remembered that James TINSLY
Enoch TINSLY Landin HERHAM Margaret REEVES & Hiram
REEVES this day personally appeared before us and
acknowledged themselves to be indebted to the commonwealth of Kentucky in the sum of fifty dollars to [---] of [their?] respective
goods and chattels lands and tenements that is to day the
sd James TINSLEY in the sum of ten dollars Enoch TINSLEY in
the sum of ten dollars Landin BERHAM in the sum of ten
dollars Margarete REEVE in the sum of ten dollars &
Hiram REEVE in the sum of ten dollars each to be [---]
as aforesaid but to be void on their personally appearing
in the next month term then and there to give evidence in
the suit then and there depending wherein the commonwealth
is plaintiff and Wm ROYSE and and Elijah ROYSE is
defendant and not deport without here of said court[sic]
Acknowledged before us this 10th day of Jan. 1827
Samuel FILSON
Bertis RINGO
James TINSLEY (LS)
Enoch TINSLEY (LS)
Landon BONHAM (LS)
her
Margaret (X) REEVES (LS)
mark
Hiram REEVES (LS)[mjn note: the signatures of James and Enoch are extremely
similiar-this appears to be the true spelling of
BONHAM, his signature is clear]
- - - - -
Fleming county to wit
Be it remembered that William ROYSE Sr & Elijah
ROYSE Samuel ISHMAEL & James MC DONALD this day
personally appeared before us Samuel FILSON & Bertis RINGO
justice of the peace for fleming county and acknoledged
themselves indebted to the commonwealth of Kentucky in
the sum of one hundred dollars that is to say the sd Wm
ROYSE in the sum of twenty five dollars and the sd Elijah
ROYSE in the sum of twenty five dollars and Sml ISHMAEL
in the sum of twenty five dollars and sd Jas. MC DONALD in
the sum of twenty five dollars each to be levied of their
respective goods and chattels land and tenements but to be
void on the sd Wm ROYS Sr & Elijah ROYS personally
appearing in the circuit court aforesaid on the first
day of the next term and surrender themselves in custody
to answer the commonwealth for A felony for hogstealing for
which the said Wm ROYSE & Elijah ROYSE stand charged before
us this 10th day of January 1827
his
Acknoledged before us William X ROYSE (L)
Saml FILSON mark
Bertis RINGO Elijah ROYSE (L)
Samuel ISHMAEL (L)
James MCDANNOLD (L)
The bond was filed 5 Feb 1827
- - - - -
Commonwealth of Kentucky
Fleming Circuit County of Fleming Sct
The grand jurors for the commonwealth [enpanneled?] and sworn
for the body of the Fleming Cicruit at a Court began and
held for the said Circuit, at the Court house of Fleming
County, in the town of Flemingsburgh, on Monday the fifth
day of March in the year of our lord eighteen hundred and
twenty seven, In the name and by the Authority of the
commonwealth of Kentucky upon their oath do present
that William ROYSE and Elijah ROYSE late of the county
aforesaid, yeomen, on the fourth day of January in
the year eighteen hundred and twenty seven aforesaid at
the circuit and county aforesaid two certain hogs to
wit one black & white spotted barrow & one white sow
of the goods and chattels of one James TINSLEY of the
value of two dollars & fifty cents each, then and there
being did feloniously did steal, take and carry away
against the form of the statute in that case made
and provided and against the peace and dignity of the
commonwealth of Kentucky
John CHAMBERS Atty for the
Commonwealth for the 9th Judicial District
On the back:
Commonwealth
vs ) Indictment
Wm. ROYSE & Elijah ROYSE
A Tru Bill Joseph MCORKLE forum
- - - - -
Subpeonas were issued (mjn note: the case drug on through
three terms, I have grouped these all together) to:
10 Feb 1827 for the defendant (for March term):
Thos. ISHMAEL Frederick ROYSE
Byers CLINE Barnabas HADEN
Thatcher HAJATT[sic] Amelia PENLAND
Benjamin REEVES Senr. Ferdinand VANNATIN
Thomas HAMLET
26 Feb 1827 for the plaintiff (for March term):
Thos. HAMLETT Jos. HAMLETT
Thachett HYATT Susan RICE
Barton SMOTT
5 Mar 1827 for defendants (for March term):
Saml. ISHMAEL Wm. CRISTY*
John TAYLOR Wm. CLINE
* was not executed on Wm. CHRISTY, according to note on back.
3 April 1827 for the plaintiff (for June term):
Thomas HAMLETT Joseph HAMLETT
Thatcher HYATT Susan RICE
Barton SMOOT
3 April 1827 for defendants (for June term):
Barnabas HADEN Thatcher HYATT
Amelia PENLAND Benjamin REEVES Senr.
Ferdinand VANNATTIN Thomas HAMLETT
William CHRISTY* John TAYLOR
Wm. CLINE Samuel ISHMAEL
Thos. ISHMAEL Frederick ROYSE
Byers CLINE
* apparently not executed on CHRISTY
7 May 1827 for defendants (for June term):
Landon BONAN Benjamin NORTHCOTT
Peter CASSIDY
28 May 1827 for Plaintiff (for June term):
Thos. PURVIS Jno. PURVIS
[Miss?] CLINE Landon BONAN
Wm. FILSON Taylor CLINE
4 June 1827 for Plaintiff (for June term):
Thomas CAMPBELL
3 July 1827 for Plaintiff (for Sept term):
Thos. HAMLETT Thos. CAMPBELL
Jos. HAMLET Thatcher HYATT
Susan RICE Barton SMOOT
Thos. PURVIS John PURVIS
Miss GREEN* Landon BONAN*
Wm. FILSON Taylor CLINE
* not found
3 July 1827 for Defendant (for Sept term):
William CRISTY* John TAYLOR
Wm. CLINE Landon BONAM*
Benjamin NORTHCOTT Peter CASSIDY
Samuel ISHMAEL Thos. ISHMAEL
Frederich ROYSE* Byers CLINE
Benjamin REEVES Senr. Ferdinand VANNATIN
Thomas HAMLETT Barnabus HADEN
Thatcher HYATT Amelia PENLAND
* not found
- - - - -
On 5 March 1827, the sheriff of Fleming County was
ordered to summon 12 men to appear at the first day of
the March term of the court. The men were to live near to
where the larceny took place and were to have at least
twenty pounds of personal or real property. The men
chosen were:
David W. CARLEY Wm. CASSADY
Daniel PASETON Benedict HOBBS
Thomas JONES John HOWE
John JONES Robt MORRISON
Jas. NORWOOD John DONALDSON
Joseph DAVIS Wm. WALKER
- - - - -
On 4 June 1827, the sheriff of Fleming County was
ordered to summon 12 men to appear at the first day
of the June court as above.
John OVERLY Robt HARPER
Eli WILLIAMS Andrus HANK
Samuel HAU of David Samuel HAU of John
James HURRT Joseph DAVIS
Benjamin APPLEGATE Samuel BURSCH
Thos. HUGHS Joseph ANDERSON
- - - - -
Elijah ROYCE failed to appear at both the March and
June 1827 terms.
On the first day of the September 1827 term a "noble
prosequi" was entered at the request of the attorney for
the commonwealth.*
Also on the first day it was ordered that the auditor of
public accounts pay the following fifty cents each for
appearing as a witness for the commonwealth in the ROYSE
case: Joseph HAMLETT, Thomas HAMLETT, John PURVIS, Barton
SMOOT, Enoch TINSLEY, and William FILSON.**
* Fleming Co. KY Circuit Order Book K, page 2.
**Fleming Co. KY Circuit Order Book K, page 3.