aaa-0040.html

Ralph McFarland Indictment for Shooting with Intent to Murder, 28 July 1825, Court of Common Pleas, Book B:196-199, Belmont County, Ohio

THE STATE OF OHIO

vs Indictment for Shooting with intent to Murder . . .

RALPH MCFARLAND Be if Remembered that heretofor to wit on the 14th day of September 1825 Joseph Alexander Esq. Justice of the Peace in and for said County filed in our said Court of Common Pleas of Belmont County a Transcript of the proceedings and Judgements had before him in the case of the State of Ohio vs Ralph McFarland and which Transcript is as follows.

THE STATE OF OHIO July 28th 1825

vs On the complaint of Thomas Patterson made on oath

RALPH MC FARLAND before me that Ralph McFarland did on the evening of

Costs on the 27th day of this instant did Shoot at Thomas Patterson

Justices costs $2.50 aforesaid with an intent to kill him as he verily believes

Constable costs 1.90 State Warrant issued to John Bruce constable of Sommerset

Witnesses 2.00 Township and Subpones for William Dutland, Sarah Brock and Joseph Williams on behalf of the State the precepts all returned served the 28th by his the bodies of William Outland, Sarah Brock and Joseph Williams were duly qualified witnesses for the State after hearing the evidence and allegations it is considered that Judgement be reviewed that the Defendant be recognized for his appearance at the next Court of Common Pleas for said County in the sum of $200.00 for want of Bail was committed to Jail William Outland and Joseph Williams, Thomas Patterson and Sarah Brock was recognized as evidences . . .

The State of Ohio Belmont County

I do certify the above to be the preceedings had before me in the above suit. Given under my hand and Seal this 22nd day of August 1825.

And now to wit at September term 1825 of the Court of Common Pleas of Belmont County the grand Jurors for said County, to wit, Jacob Coleman, William Coffee, Thomas Wat (?), Noble Taylor, William Dunn, Joshua Wood, William Campbell, Joseph Drake, Isaac Moore, James Eaton, Henry Kean, James Dunfee, Samuel Robinson, John Rankin and Arnold Patterson, good and lawful men of said County found and presented a bill of Indictment against Ralph McFarland as follows. The Grand Jurors summoned by the authority of the State of Ohio to enquire for the body of the County of Belmont upon their respective oaths and affirmations do find and present that Ralph McFarland late of the Township of Somersett in said County of Belmont on the twenty Seventh day of July in the year of our Lord one thousand eight hundred and twenty five with force and arms at said Township of Somersett in said County of Belmont with a certain Gun loaded with Gun powder and leaden Balls which he the said Ralph McFarland, in both his hands then and there and held, in and upon one Thomas Patterson in the Peace of God and of this State then and there being unlawfully did make an assault and the said Bun so as aforesaid had and held unlawfully did shoot at the said Thomas Patterson with an intent him the said Thomas Patterson and Premeditated malice to kill and Murder and other wrongs to the said Thomas Patterson then and there did contrary to the Statute in such a ??? made provided and against the peace and dignity of the State Ohio.

W.B. Hubbard

atty pro State

THE STATE OF OHIO Indictment for Shooting at will intent to Murder John

vs Bruce. Be it remembered that at September term 1825

RALPH MC FARLAND of the Court of Common Pleas of Belmont County the Grand Jurors for said County to wit Jacob Coleman, William Coffee, Thomas Watt (?), Noble Taylor, William Dunn, Joshua Easton, Henry Kean, James Dunfee, Samuel Robinson, John Rankin and Arnold Patterson, good and lawful men of said County found and presented a bill of Indictment against Ralph McFarland as follows. The Grand Jurors summoned by the authority said State of Ohio to enquire ??? for the /// of said County of Belmont upon the respective oaths and affirmations, do find and present that Ralph McFarland late of the Township of Somerset in said County of Belmont on the twenty eighth day of July in the year of our Lord one thousand eight hundred and twenty four with force and arms at the Township and aforesaid in and upon one John Bruce in the peace of God and of this State then and there being and the said John Bruce then and there being Constable of said Township of Somerset and also then and there being in the due execution and discharge of his said office and duty of Constable of said Township of Somerset aforesaid, unlawfully did make an assault, and him the said John Bruce then and there did beat bruise malind and ill treat so that his life was then and there greatly desposed of and that the said Ralph McFarland then and there a certain Gun loaded with Gun powder and a leaden Ball which he the said Ralph in both his hands then and there had and held unlawfully feloniously purposely and of his premeditated malice did discharge and shoot off at and against the said John Bruce with an intent /// the said John Bruce feloniously purposely and of his deliberated and premeditated malice to kill and murder and other wrongs to the said John Bruce then and there did contrary to the Statute in such case made and provided and against the peace and dignity of the State of Ohio.

W.B. Hubbard atty for State

And now to wit at the said September term 1825 the prisoner being set at the Bar and arraigned plead that he is not guilty in manner and form as he stand Indicted and for trial puts himself upon the Country and the Prosecutor doth the like and a Jury being called same to wit, David Sarvin, John Shannon, Thomas Malor, Eli Handler, David Scott, John Fence,Robert Dent, John Broson, James Hites, Absalom Martin, George W. Clark who being duly sworn and affirmed well and truly to try the issue aforesaid upon their respective oaths and affirmations do say that they find the prisoner Ralph McFarland is Guilty in manner and form as he stands Indicted. And also at the said September term 1825 comes the said defendant by James Weia his attorney moves the Court in event of Judgement for the following causes. 1st That the Indictment contained but one count and charge several distinct offenses some of which are felony and some less than felony. 2nd That the Indictment is not founded on the Statute of Ohio. 3rd That there is an indcement to the offence charged in the Indictment that John Bruce was then and there a Constable of Somerset Township. 4th That the Indictment does not cover the assault was committed with intent to Murder. 5th That the Indictment is argumentative uncertain Double and insufficient and the said motion being seen and examined and the arguments of counsel heard the same is overruled by the Court. Whereupon it is adjudged and ordered by the Court that the prisoner Ralph McFarland be removed to and confined in the Penitentiary for the State of Ohio and kept at hard labour five years and that he pay the costs of prosecution . . .

c:\mcfarl\ralph.oh

aaa0040