Vol M – Page 416 – 6 Feb 1874 – Ph7739-003.jpg - S1

 416

 Friday Febry 6 1874 and 5 day of the term

 State of Indiana vs Amasa J Foulke – No 51 Murder

           Comes now the parties & their attorneys

and by agreement of parties herein it is now ordered by the

Court that a Special venire issue for the Summoning

of Forty good and lawful resident citizens of Hamilton

County Indiana out of which to select 12 men to serve as petit Jurors in the a???

untitled cause to appear before the Judge of this Court

on Tuesday the eighth day of the present term thereof.

 [Another matter]

 Read and Signed in open Court ordered that

Court adjourned until eight and one half oclock

tomorrow morning –

                             [Signed] Hervey Craven

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Vol M – Page 437 – 10 Feb 1874 – Ph7839-004.jpg - S1

 437 [right side]

 Tuesday Feby 10 1874 and 8^” day of the term

 [another matter]

 State of Indiana vs Amasa J Foulke – No 51 Murder

           Comes now Joel Stafford and

David Moss Prosecuting the Pleas of the State in this

behalf and comes also the defendant in person and by

Kane & Shirts his attorneys, and the defendant now

moves the Court to quash the indictment herein and

the Court being Sufficiently advised of such notice

does ??? the same to which ruling of the Court

the defendant excepts; and the defendant being

arraigned on the indictment herein for Plea thereto

Says that he is not guilty as therein charged, and

this Cause is now submitted to a Jury for trial

and the Sheriff as commanded now brings in and

empanels a Jury of twelve good and lawful men

all resident free holders or house holders of Hamilton

County Indiana towit – Edward Stultz, Joseph White,

J R Waller, David Fleming, Robert P Cully, Philip

Beaur, Charles Henry, B A Smith, George Carpenter

Eli Doave, Thompson ???? & Thomas N Williams

Who are each Severally elected tried and Sworn to

well and truly try the issues joined in this

cause and a true verdict rendered according to law

and the evidence, and Said Jury are now placed in

charge of John Patty a Sworn bailiff of this Court and

Said Jury and the bailiff being charged and instructed

by the Court now retire to their room in charge of Said

bailiff until eight and one half oclock tomorrow morning.

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Vol M – Page 439 – 11 Feb 1874 – Ph7839-005.jpg - S1

 439 [right side]

 Wednesday Feby 11 1874 and 9 day of term

 Court met pursuant to adjournment.  Present same

officers as on yesterday

State of Indiana vs Amasa J Foulk – No 51 Murder

       Comes now Joel Stafford and

David Moss prosecuting the pleas of the State in this

behalf and Comes also the defendant in person &

by Kane and Shirts his attorneys. and Comes also

the Jury  heretofore empanelled and Sworn to try

the issues joined in this Cause and the Jury

not having heard all the evidence now retire to

their room under charge of their bailiff until

eight and one half oclock tomorrow morning

 [Another Matter]

 Read and Signed inn open Court Ordered that

Court adjourn until eight and one half oclock

tomorrow morning

                   [signed] Hervey Craven

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Vol M – Page 440 – 12 Feb 1874 – Ph7839-006.jpg - S1

 440

 Thursday Feby 12” 1874 and 11 day of the term

 Court met pursuant to adjournment. present same officers

as on Yesterday.

 State of Indiana vs. Amasa J Foulk – No 51 Murder

           Comes now Joel Stafford & David Moss

prosecuting the pleas of the State in this behalf and Comes also

the defendant in person and by Kane & Shirts his attorneys

and Comes also the Jury heretofore empanelled & Sworn to

try the issues joined in this Cause and the Jury not

having heard all the evidence.  Now retire to their room

under Charge of their bailiff until eight and one half

oclock tomorrow morning

Read and Signed in open Court ordered that Court

adjourn until eight and one half oclock tomorrow morning

           [Signed] Hervey Craven

Friday Feb 13^th 1874 and 11^th day of the term Court met pursuant

to adjournment.  Present same officers as on yesterday

 The State of Indiana Vs Amasa J Foulk – No 51 Murder

           Comes Joel Stafford and David Moss prosecuting the

pleas of the state in this behalf and comes also the defendant in person

and by Kane & Shirts his attorneys, and comes also the jury heretofore empanelled

and sworn to try the issues joined in this cause and the Jury not having heard all

the evidence now returns to their room under the charge of their bailiff until 8-1/2

oclock tomorrow morning

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Vol M – Page 442 – 14 Feb 1874 – Ph7839-007.jpg - S1

 442

 Saturday February 14^th 1874 12^th day of the term

 In pursuant of the order of the court the Sheriff has purchased

one dozen chairs for the use of the Court Room.  A Bill of which from

J B Reynolds & Son for the Sum of Eleven dollars is now approved

by the court and allowed in favor of said Reynolds and Son and certificate

ordered to issue for same in favor of Said Reynolds and Son.  Which Bill

and approved of the court are filed and are as follows to wit (here insert)

 Read and Signed in Open Court. Ordered that court

adjourn until 8-1/2 oclock tomorrow morning

                    [Signed] Hervey Craven

 Saturday February 14^th 1874 and 12^th day of the term Court met pursuant

to adjournment.  Present Same officers as on yesterday

The State of Indiana vs. Amasa J Foulk – No 51 Murder

 Comes Joel Stafford and David Moss prosecuting the pleas of

the State in this behalf and comes also the defendant in person and by Kane

and Shirts his attorney and comes also the Jury heretofore empanelled and

sworn to try the issues joined in this cause.  And the Jury having heard all the evidence and a part of

the argument of counsel now retire to their room under the charge of their bailiff John Patty.

Read and Signed in Open court.  Ordered that court adjourns until 8-1/2

Oclock on Monday morning next.

                   [Signed] Hervey Craven

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Vol M – Page 443 - 16 Feb 1874 – Ph7839-008.jpg - S1

 443 [right side]

 Monday Feby 16 1874 and 13 day of the term

 Court met pursuant to adjournment.  Present same officers

as on yesterday

 State of Indiana vs. Amasa J Foulk – No 51 Murder

           Comes now Joel Stafford and

David Moss prosecuting the pleas of the State in this

behalf and comes also the Jury heretofore empanelled

and Sworn to try the issues joined in this cause

and the Jury having heard all the arguments of

Counsel and the charge of the Court now retire to

their room under charge of a sworn  bailiff of this

Court to consult of their verdict herein and day is

given

 Read and Signed in open Court ordered that Court

adjourn until eight and one half oclock tomorrow

morning

                    [Signed] Hervey Craven

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Vol M – Page 455 – nd – Ph7839-009.jpg - S1

455 [at right]

State of Indiana vs. Amasa J Foulk – No 51 Murder

           Comes now Joel Stafford and David

Moss prosecuting the pleas of the State in this behalf and

comes also the defendant in person and by Kane & Shirts

his attorneys.  and comes also the Jury heretofore empanelled

and sworn to try the issues joined in this cause towit

Edward Stultz, Joseph White, Jacob R Waller, David

Fleming, Robert P Cully, Philip Beaver, Charles Henry

B A Smith, George Carpenter, Eli Doan, Thompson

M??? & Thomas L Williams and Said Jury now

render in Open Court their Verdict in writing herein

in these words and figures following towit –

State of Indiana Hamilton County.

We the Jury find the defendant Amasa J Foulke

Guilty of Murder in the first degree as charged in

the indictment, and we also further agree that

his punishment shall be imprisonment in the States

prison during life.    Eli Doane Foreman of Jury

and the defendant by his counsel now demands that

Said Jury be polled and by the order of the Court

the names of said Jurors are severally called by the

Sheriff and ?ttinigated by the defendants counsel if

their verdict in his verdict and all of Said

Jurors severally answer in the affirmative

and the defendant now gives notice that he will

file a motion for a new trial herein

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Vol M – Page 461 – 20 Feb 1874 – Ph7839-010.jpg - S1

461 [right side]

 Friday Feby 20 1874 and 17 day of the term

The State of Indiana vs. Amasa J Foulk – No 51 Murder

           Comes now Joel Stafford and David

Moss prosecuting the pleas of the State in this behalf

and comes also the defendant in person and by

Kane & Shirts and Evans & Stephenson his attorneys. and

the defendant now files a motion and ?as??s

for a new trial herein in the words and figures

following towit (here insert)

 Read and Signed in Open Court ordered that

Court adjourn until 1-1/2 oclock PM Monday next

                    [Signed] Hervey Craven

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Vol M – Page 466 – 23 Feb 1874 – Ph7839-011.jpg - S1

 466

 Monday Feby 23 1874 and 19 day of the term

 [Another matter]

 The State of Indiana vs. Amasa J Foulk – No 51 Murder

           Comes now Joel Stafford & David

Moss prosecuting the pleas of the State in this behalf &

comes also the defendant in person and by Kane & Shirts

and Evans his attorneys

[vertical at left side:] and the State by his attorneys  now

file their counter affidavit hereto in the

words and figures following towit.

and the motion for a new

trial herein is now submitted to the Court and the Court

having heard the argument of counsel and not being

sufficiently advised day is given

 [Another matter]

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Vol M – Page 468 - 24 Feb 1874 – Ph7839-012.jpg - S1

468

Tuesday February 24^th 1874 and 20^th day of the term

Court met pursuant to adjournment.  Present same

officers as on yesterday

The State of Indiana vs. Amasa J Foulke – No 51 Murder

          Comes Joel Stafford and David Moss prosecuting

the pleas of the State in this behalf and comes also the defendant

in person and by Kane & Shirts and Evans his attorneys

And the court being fully advised of the motion for a new

trial herein does  Sustain the same and does set aside the verdict

of the jury herein and grant a new trial to the defendant.

and the court orders that said defendant enter into recognizance

with good freehold Surety in the penal sum of five thousand

dollars conditioned for his appearance before the judge of this court

at the first day of the next term thereof.  And comes said defendant in person

and come also Jesse M Foulk, John Foulk and William F McShane

and Severally acknowledge themselves to owe and be indebted to the State

of Indiana in the penal sum of five thousand dollars to be levied

of their goods and chattels land and tenements if default be made

of the following conditions, to wit:  that said defendant Amasa J Foulke

Shall personally be and appear before the judge of this court on the

first day of the next term thereof to be held in the court house

in Noblesville on the fourth Monday of April AD 1874 to answer

an indictment finding in this court for Murder, abide the

order and judgment of the court and not default these without leave

 [Another matter]

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Vol N – Index – Ph7840-001.jpg - S2

 Foulk Amasa J vs State  1.53.

 Foulke Amasa J vs State  455

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Vol N – Page 1 – 27 April 1874 – Ph7849.jpg - S2

1

Monday April 27” 1874 and 1^st day of the term

Be it remembered that on Monday the 27” day of April 1874

being the fourth Monday of said month at the hour of

one oclock PM at the Court house in the

town of Noblesville Indiana that being the time and place

fixed by law for holding a regular term of the Circuit Court

of Hamilton County Indiana.  Said Court met.  Present the

Hon Hervey Craven Judge of the 24” judicial Circuit

of the State of Indiana. Marion W Essington Clerk and

John S Edwards, Sheriff.

(Another Matter)

State of Indiana vs. Amasa J Foulke – No 51 Murder

Comes now Joel Stafford and William

Garver Prosecuting the pleas of the State in this behalf and

comes also the defendant in person and by Kane &

Shirts and Evans his attirneys, and the defendant

now files a motion and reasons supported by affidavit for a continuance [Continued below]

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Vol N – Page 2 – 27 April 1874 – Ph7850.jpg - S2

of this cause until the next term of this court which

motion and affidavit are in the words and figures

following towit (here insert) and the Court not being

sufficiently advised of such motion day is given.

 (Another Matter)

 Ordered that Court adjourn until eight and one

half oclock tomorrow mnig.  Read and signed in

open court

                   [signed] Hervey Craven

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Vol N – Page 53 – 28 April 1874 – Ph7851.jpg - S2

53 [right side]

(Another Mater)

State of Indiana vs. Amasa J Foulke – No 51 Murder

          Comes the parties by their attorneys

and the Court being Sufficiently advised of the

motion to continue this cause does sustain the Same

and now continues this cause until the next term

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Vol N – Page 54 – 28 April 1874 – Ph7852.jpg - S2

Tuesday April 28 1874 and 2 day of the term

54

of this court and orders that the defendant enter

into a recognizance in the penal sum of five thousand

Dollars for his appearance at the September

term of this court AD 1874

and comes now the defendant in person and

William F McShane and John Foulke

and Severally acknowledge their selves to owe &

be indebted to the State of Indiana in the penal

sum of Five Thousand Dollars to be levied of

their property if default be made in the

following conditions that the said Amasa J

Foulke shall personally be and appear

before the Judge of the Hamilton Circuit Court

of the first day of the next term thereof.  to be

held at the Court house in the town of

Noblesville on the first Monday of September

AD 1874 to answer to an indictment pending

in this court for Murder. abide the order

and judgment of the court and not depart

without leave --

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Vol N – page 455 – 18 Sept 1874 - Ph7840-002.jpg - S2

455 [at right]

Friday Sept 18” 1874 and 11” day of term

Court met pursuant to adjournment.  Present the Hon

Hervey Craven Sole Judge.  M W Essington Clrk

and John S Edwards, Sheriff.

The State of Indiana vs. Amasa J Foulke – No 51 Murder 

          Comes now Joel Stafford prosecuting

the pleas of the state in this behalf and comes also

the defendant in person and by Kane & Shirts &

Evans his attny and the defendant now files a

motion supported by affidavit for a continuance of this

cause.  Which motion and affidavit are in these

words and figures following towit (here insert) which

motion is now submitted to the Court.  and the Court

being sufficiently advised of such motion does sustain

the same and does continue this cause until the next

term of this court, and does require that the defendant

enter into a recognizance for his appearance at said

term at the penal sum of five thousand Dollars.

with surety to be approved by the Court and comes

now said defendant and John Foulke & Jesse Foulke

and Severally acknowledge themselves to owe and

be indebted to the State of Indiana in the penal

sum of five thousand Dollars to be levied ???

property if default is made in the following

conditions that the said defendant Amasa J

Foulke shall personally be and appear before

the Judge of the Hamilton Circuit Court on the

first day of the next term thereof to answer to

an indictment pending in this court for Murder

abide the order and judgment of the Court

and not depart without leave ---

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Vol Q – Index – Ph7841-001.jpg - S3

Foulke Amasa J vs State  2.96.100.101.102.103 [also p 3]

Vol Q – Page 2, 3 – 24 November 1874 – Ph7841-002.jpg - S3

2

Tuesday November 24” 1874 and 8” day of the term

Court met pursuant to adjournment, present same

officers as on yesterday

[Another Matter]

The State of Indiana vs Amasa J Foulke – No 51 Indictment for Murder

          Comes Joel Stafford prosecuting the pleas of the

State in this behalf and comes also the defendant in person and

by Kane and Shirts his attorneys and by agreement of parties and

the consent of the court this cause is to be continued until the next

term of this court with the understanding and agreement that this

cause shall be tried at the next term of this court in Hamilton

County Indiana and that said defendant will not take a

change of venue  from said county.  And said defendant is

ordered to enter into Recognizance with Surety for his appearance

at the next term of this court in the penal sum of five

thousand dollars.  And said defendant and Jesse Foulke

now severally acknowledge themselves to owe and be indebted to

the State of Indiana in the penal sum of five thousand

Dollars to be levied of their property if default

be made of the following conditions to wit:   That the

[page 3]

said defendant Amasa J Foulke shall personally be and appear before

the judge of the Hamilton Circuit Court in the State of Indiana on the

first day of the next term thereof to answer an indictment pending

in said court for Murder.  abide the order and judgment of

the court and not depart them without leave.  and this

cause is continued until the next term of this court. 

[Another Matter]

Page 3

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Vol Q – Page 98 – 9 Feb 1875 – Ph7841-004.jpg - S3

98

Tuesday February 9” 1875 and 8” day of the term

Court met pursuant to adjournment.  Present same officers as on

yesterday.

The State of Indiana vs Amasa J Foulke – No 51 Murder

          Comes now Joel Stafford and William Garver

prosecuting the pleas of the State in this behalf and comes also

the defendant in person and by Kane, Shirts & Evans &

Stephenson & Jonathan W Gordon his attorneys and

this cause is now submitted to a Jury for trial. and the

Sheriff as commanded now brings in and empanels a Jury

of eleven good and lawful men all resident citizens

householders and free holders and legal voters of

Hamilton County Indiana towit Elijah G Brattain

Milton Hadley William M Osborne, George Armentrout

James a Brandom Alfred Hess J W Barnes W W

Reynolds, Benjamin Lennen, Robert Stout, W.F.

Pearce & George P Huntzinger who all each

severally elected tried and sworn & affirmed to well

and truly try the issues joined in this cause and a

true verdict rendered according to law and the

verdict and the jury not having heard the opening

statement of counsel or any part of the evidence are

permitted to retire to their room under

charge of John Petty a Sworn bailiff of this court until

eight and one half oclock tomorrow morning.

[Another Matter]

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Vol Q – Page 100 – 10 Feb 1875 – Ph7841-005.jpg - S3

100

Wednesday Feby 10” 1875 and 9” day of the term

Court met pursuant to adjournment.  present same officers

as on yesterday

The State of Indiana vs Amasa J Foulke – No 51

          Comes the parties in person and by their

attrneys and come also the Jury heretofore empanelled

and sworn & affirmed to by the issues joined in this

cause and the Jury not having heard all the  

evidence now retire to their room under charge

of their bailiff until 8-1/2 oclock tomorrow morning

Read and Signed in open court ordered that court adjourn until 8-1/2 oclock tomorrow morning

                   [signed] Hervey Craven

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Vol Q – Page 101 – 11 Feb 1875 – Ph7841-006.jpg - S3

101 [at right]

Thursday Feby 11” 1875 & 9 day of the term

Court met pursuant to adjournment. present same

officers as on yesterday.

The State of Indiana vs Amasa J Foulke – No 51 Murder

          Comes the State by her attorney. and comes

the defendant in person and by his attrneys.  and come

also the Jury heretofore empanelled and sworn to &

affirmed to well and truly try the issues towit in

this cause and the Jury having heard all the

evidence by the order of the court now retire

to their room under charge of their bailiff until

8-1/2 oclock tomorrow morning

Read and Signed in open Court.  Ordered that Court

Adjourn until 8-1/2 oclock tomorrow morning

                   [Signed] Hervey Craven

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Vol Q – Page 102 – 12 Feb 1875 – Ph7841-007.jpg - S3

102

Friday Feby 12 1875 & 11 day of the term

Court met pursuant to adjournment.  Present same offiers as on

yesterday

The State of Indiana vs Amasa J Foulke – No 51 Murder

          Comes the State by her atternys and comes the

defendant in person and by his atternys and comes also

the Jury heretofore empanelled and sworn & affirmed to try the

issues joined in this cause and the Jury hot having heard

all the argument of counsel now retire to their room under

charge of their Sworn bailiff until 8-1/2 oclock tomorrow

morning

Read and Signed in open court ordered that court

adjourn until 8-1/2 oclock tomorrow morning

                   [Signed] Hervey Craven

Saturday Feby 13” 1875 and 12” day of the term

Court met pursuant to adjournment, present same officers as on

yesterday

The State of Indiana vs. Amasa J Foulke – No 51 Murder

          Comes the State by her attnys, and comes the

defendant in person and by his attnys, and comes also

the Jury heretofore empanelled and sworn & affirmed to

try the issues Joined in this cause, and the

Jury having heard all the argument of counsel

and the instruction of the Court now retire to their room

under charge of John Patty a Sworn bailiff of this court

to consult of their verdict herein and day is given

Read and signed in open court Feby 13” 1875

          [signed] Hervey Craven

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Vol Q – Page 103 – 14 Feb 1875 – Ph7841-008.jpg - S3

103 [at right]

Sunday Feby 14 1875

Court met present the Hon Hervey Craven Judge,

M W Essington clerk & I H Jessup Sheriff

The State of Indiana vs Amasa J Foulke – No 51 Murder

          Comes now the State by her attrnys, and

comes the defendant in person and by his attrnys, and

comes also the Jury heretofore empanelled and sworn &

affirmed to well and truly try the issues joined in

this cause and a true verdict rendered according

to law and the evidence, and said Jury now

renders in Open Court their verdict in writing

herein in these words and figures following

towit

We the Jury find the defendant not guilty

                             [Signed]  James A Brandom

                                                Foreman

Ordered by the Court that the defendant go hence

and be discharged of his recognizance herein

Read and Signed in Open Court ordered that

court adjourn until 1PM on Monday Next

          [Signed] Hervey Craven

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