STATE OF KANSAS, SHAWNEE COUNTY, IN JUSTICE'S COURT, BEFORE B.F. MERIDETH, Justice of the Peace in and for Topeka Township. THE STATE OF KANSAS, Plaintiff. vs. JOHN SPINNER, Defendant. Records donated by Vikki Gray-Cullen, transcribed by Teresa Lindquist, copyrighted December 2001 ----------------------------------------------------------------------- KSGENWEB INTERNET GENEALOGICAL SOCIETY COPYRIGHT NOTICE: In keeping with the KSGenWeb policy of providing free information on the Internet, this data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other gain. Copying of the files within by non-commercial individuals and libraries is encouraged. Any other use, including publication, storage in a retrieval system, or transmission by electronic, mechanical, or other means requires the written approval of the file's author. ----------------------------------------------------------------------- THE STATE OF KANSAS, Plaintiff. vs. JOHN SPINNER, Defendant. CRIMINAL ACTION NO. 1. ASSAULT AND BATTERY. ATTORNEYS. Geo. W. Black, For Plaintiff. Thomas M. Red, For Defendant. ===== On this 15th day of January, 1879, personally came J.A. Miller, before me, B.F. Meredith, a Justice of the Peach, in and for Topeka Township, County of Shawnee, and made written complaint under oath, charging, that on or about the 14th day of January, 1879, in the County of Shawnee, and State of Kansas, one John Spinner, did, unlawfully and in a rude and angry manner, assault and beat him the said J.A. Miller. Warrant issued to Isaac White, Constable, dated January 15th, 1879. Subpoena issued in behalf of State, for Noah Graves, James Blelock and A.P. Whiting. January 16th, 1879, Warrant returned and filed, endorsed in substance, executed by arresting the within named John Spinner, and have his body before the Court. January 16th, 1879, Subpoena returned and filed. January 16th, 1879, the State being present by Geo. W. Black, Esq., and the Defendant in person, and by Thomas Red, Esq., his Attorney and the complaining witness being present in person, proceedings were had as follows: The Defendant not being ready for trial for want of witnesses, the trial of the case was continued until the 18th of January, 1879, at 10 o'clock, A.M. The Defendant was required to enter into a recognizance in the sum of One Hundred Dollars, with our approved surety for his appearance to answer the complaint at said time, and did enter into such recognizance with Joseph Dom as surety. Subpoena in behalf of Defendant issued for Philip Miller, James Blelock, A.P. Whiting and J.A. Hoss. January 18th, 1879, Subpoena returned and filed. January 18th, 1879, The parties all being present in person and by Attorneys, proceedings were had as follows: A Jury being demanded by the Defendant, the following named persons were selected by consent for whom summons was issued to Isaac White, Constable, dated January 18th, 1879, and returnable January 19th, 1879, at 10 o'clock, A.M., John P. Clark, James Doff, George Brown, Peter Huff, Richd. V. Swift, J.R. VanOrden, D.C. Keller, and George Foster, and thereupon, the trial of the case was continued until the 19th day of January, 1879, at 9 o'clock, A.M. The Defendant was required to enter into the same recognizance for his appearance, which was done, and all witnesses were duly notified to appear. January 19th, 1879, the parties being present in person, and by their Attorneys, proceedings were had as follows: Summons for Jury returned and filed, endorsed in substance, served by reading it to James Duff, George Brown, Peter Huff, Richd. V. Swift, J.R. VanOrden, George Foster and John P. Clark. D.C. Keller not found. The Jurors all appearing, they were duly empanelled and sworn. The following witnesses were sworn in behalf of the State, Noah Graves, James Blelock, A.P. Whiting and J.A. Miller. Witnesses sworn in behalf of Defendant, Phillip Miller and J.A. Hoss. After hearing the proofs and allegations of the parties, the Jury returned their verdict as follows: We, the Jury, find the Defendant guilty, as charged. It is thereupon considered and adjudged, that the said Defendant, John Spinner, do pay unto the State of Kansas, a fine of Ten Dollars, together with the costs of this suit, as taxed at $34,60, and that he be committed to the Jail of Shawnee County, until this judgment be complied with. Witness my hand, this, the 19th day of January, A.D. 1879. B.F. MEREDITH, Justice of the Peace. Execution issued to Isaac White, Constable, of Topeka Township, on the 19th day of January, 1879. January 23d, 1879, Execution returned and filed, endorsed as follows: Received of the within named John Spinner, Thirty-eight Dollars and Eighty-five Cents, the amount of this Execution. ISAAC WHITE, Constable.