Pleas before the Court of Common Pleas within and for the County of Scioto and the State of Ohio at the May term thereof, held at the Court House in the City of Portsmouth in said County of Scioto and State of Ohio, on the 7th day of June AD 1880.
Be it remembered that heretofore to wit on the 3rd day of May AD 1880 the following transcript was filed to wit:
The State of Ohio, Scioto County, City of Portsmouth §§
March 19th AD 1880, before me HA Towne1, Mayor of the City of Portsmouth, in the County of Scioto aforesaid, personally came WB Williams2, who being duly sworn according to law deposeth and saith that in or about the 18th day of March AD 1880, in the County of Scioto aforesaid, one Mart Hyatt and Alfred Jones, in the night season to wit: about the hour of one at night of the same day in the County of Scioto aforesaid, into a store house then situate of Horace G. Thomas, willfully, maliciously, forcibly, feloniously and burglarously did break and enter, with intent then and there the goods, chattels, and valuable property of the said Horace G. Thomas in the said store room then and there being, then and there feloniously, willfully, and burglarously to steal, take, and care away
And then and there, in the store house, tobacco at the value of $4.00. Two pair boots and six pairs shoes of $17.90. Ten shirts of the value of $5.20. Two shirts of the value of $2.00. One can and tea of the value of $10.50. Seventeen papers of coffee of the value of $4.25. Thirty-four pocket knives of the value of $17.00. Three hams of the value of $5.25. Cigars of the value of $3.00. One bolt of calico of the value of $2.50 and sundry other articles of the value of $4.00. in the said store house then and there being found then and there feloniously and burglarously did steal, take, and carry away and further deponent saith not.
Afterwards, on the same day, I issued a warrant for the said Mart Hyatt and Alfred Jones and delivered the same to WB Williams, City Marshall.
Warrant returned endorsed as follows:
“On the 19th day of March AD 1880, I executed this writ by brining the bodies of the within named defendants before the Court. Services: .80 mileage, 1.00 Watch House fees, .40 one assistant 2 days, 3.00 services on trial, 1.00>= 6.20. WB Williams, City Marshall.”
Afterwards, on the same day, I issued subpoena for the following named witnesses to wit: Lafayette Gifford, HG Thomas, JD Mathiot, James Densmore, Charles Cole, James Johnson, George Dean, Charles Mills, WB Williams, SP Losee3, W. McGowen4, Josiah Clark, John E. Goad, F.D. Chalfant5, Volney R. Row, Sydney Brown for their appearances before me on the 19th day of March AD 1880 at 10 o’clock AM and delivered the said subpoena to WB Williams, City Marshall.
Subpoena returned endorsed as follows:
“On the 19th day of March AD 1880 I served this writ by leaving a true copy with each of the within named witnesses. The following named witnesses are entitled to seven miles mileage each: Lafayette Gifford, HG Thomas, JD Mathiot, James Densmore, George Dean, Charles Mills, Sydney Brown. Service and return 1.75. Copies $4.00. Mileage 1.00=$6.75. William B. Williams, City Marshall.”
March 19th AD 1880, 10 o’clock AM. The said defendants, Mart Hyatt and Alfred Jones, being now before me to answer the said complaint for plea to the same that they are not guilt of the offense therein charged against them and waive an examination before me and request that they be bound over to the Court of Common Pleas which was done accordingly and each of the said defendants are ordered by me to enter into a recognizance in the sum of five hundred dollars for their appearance before the Court of Common Pleas, on the first day of the next term thereof which the said Mart Hyatt and Alfred Jones failed to do but made fault in offering said bail I thereupon issued a commitment for the commitment of the said Mart Hyatt and Alfred Jones to the jail of Scioto County and delivered the same to WB Williams, City Marshall.
Commitment returned endorsed as follows:
“Received this writ March 19th AD 1880 and served it forthwith by committing the within named defendant to the jail of Scioto County and by delivering a true copy of this writ with the endorsements thereon to the jailer thereof. Services .40. Mileage .20. Copy .25=.85. WB Williams, City Marshall.”
I also issued a commitment for the said Alfred Jones to the jail of Scioto County and delivered the said commitment to William B. Williams, City Marshall.
Commitment returned endorsed as follows:
“Received this writ March 19th AD 1880 and served it forthwith by committing the within named defendant to the jail of Scioto County and by delivering a true copy of this writ with the endorsements thereon to the jailer thereof. Services .40. Mileage .20. Copy .25=.85. WB Williams, City Marshall.”
I also bound by recognizance said Lafayette Gifford, HG Thomas, JD Mathiot, James Densmore, Charley Cole, James Johnson, George Dean, Charles Mills, WB Williams, SP Losee, William McGowan, Josiah Clark, John E. Goad, FD Chalfant, Volney R. Row, Sidney Brown, each in the sum of one hundred dollars to appear and testify before me said Court on the first day of the term thereof.
The State of Ohio, Scioto County, City of Portsmouth §§ I do hereby certify that the above is a full and true copy from my docket of the proceedings had by and before me at my office in the above action. HA Town, Mayor.
And afterwards to wit on the 10th day of May, the Sherriff of this county the service for the Grand Jury was returned by the Sheriff of this County and the following named persons being good, judicious and lawful men of said County on being called came to wit: David Crull, Henry King, John Miller, William Burt, Reuben Slavens, Job H. Carley, Mills W. Merrill, AF Givens6, Henry Hall, William E. Ross, TJ Graham, James Mohat of the regular panel and the residue not appearing. The Sheriff by the command of the Court selected the following named persons from among the bystanders to wit: C.D. Echols7, S.P. Drake8 being good, judicious, and lawful men. Men of the said County whose names were annexed to the panel according to law and there upon the Court appointed David Crull Foreman and the said Grand Jury after being duly sworn and leaving been charged by this Court returned to their room to consider of their business attended by a sworn officer.
And afterward to wit on the 13th day of May the said grand jury returned unto Court and presented the following indictment to wit:
The State of Ohio, Scioto County as Court of Common Pleas within and for the County and State aforesaid of the term of May in the year of our Lord one thousand eight hundred and eighty.
The Jurors of the Grand Jury of the State of Ohio empaneled and sworn and charged to enquire of the crimes and offenses committed within the body of Scioto County aforesaid, in the name and by the authority of the State of Ohio aforesaid, upon their oaths to find and present that Mart Hyatt and Alfred Jones late of Scioto County aforesaid, in the 18th day of March in the year of our Lord one thousand eight hundred and eighty in the County of Scioto aforesaid, in the night season the same to wit: about the hour of one o’clock that night in the County of Scioto aforesaid, into a certain storeroom there situate of one Horace G. Thomas.
Willfully, maliciously, and forcibly feloniously and burglarously did break and enter with intent then and there and thereby the goods and chattels and valuable property of the said Horace G. Thomas in the said storeroom then and there being then and there feloniously, willfully and burglarously to steal, take, and carry away then and there in the said storeroom tobacco of the value of $4.00. Two pair of boots of the value of $5.90 and six pair of shoes of the value of $12.00. Ten shirts of the value of $5.20. Two shirts of the value of $2.00. One can of tea of the value of $10.50. Seventeen papers of coffee of the value of $4.25. Thirty-four pocket knives of the value of $17.00. Three hams of the value of $5.25. Cigars of the value $2.50, and sundry other articles of the value of $4.00 and all of the value of seventy dollars and ten cents ($70.10) of the goods and chattels of the said Horace G. Thomas in the said storeroom then and there being found then and there feloniously and burglariously did steal, take, and carry away contrary to the form of the statute in such cases made and provided and against the peace and dignity of the State of Ohio. Noah J. Dever, Prosecuting Attorney, S.C.O.
Endorsed a true bill David Crull, Foreman of Grand Jury.
And afterwards to wit: on the 25th day of May AD 1880.
This day came as well the prosecuting attorney as Mart Hyatt and Alfred Jones the defendants who on being arraigned before the Court each says he is not guilty as charged in the said indictment and put themselves upon the County for trial and is appearing to the Court that the said defendants are without counsel and unable to procure any. It is ordered that JS Pollitt9 and Martin Crain be assigned as their attorneys.
And afterwards to wit on the 31st day of May AD 1880. This day came the Prosecuting Attorney on behalf of the State and thereupon Mart Hyatt and Alfred Jones, the defendants, personally appeared before me in open court and by leave of the Court and with the assent of the Prosecuting Attorney withdrew their pleas of not guilty heretofore entered in this case and now say they are guilty and submit themselves to the judgement of the Court.
And now as this day to wit on the 7th day of June AD 1880, at the May term of Court came as well the Prosecuting Attorney as Mart Hyatt and Alfred Jones, the defendants who on having heretofore plead guilty to the said charge and having nothing further to say why sentence should not be pronounced against him. It is therefore ordered and adjudged by the Court that the said defendants be confined in the Penitentiary of this State and kept at hard labor. The said defendant Mart Hyatt for a period of three years and the defendant Jones for a period of four years and it is furthered ordered they pay the costs of this persecution. Taxed $80.14.
Record of Criminal Trial
Albert-Jones-Criminql-Case- Henry Abner Towne
- William B. Williams
- Stephen G. Losee
- William W. McGowan
- Finley D. Chalfant, City Wharfmaster
- Allen Forsythe Givens
- Charles D. Echols, bookkeeper of the Portsmouth Shoe Manufactory
- Samuel Pangborn Drake
- James Severn Pollitt
