Miller, James vs David Smith et al

Description:	James Miller complains about a case of slander during the March 1816 term. The charges are against of David Smith, who is in custody. David Smith is accused of saying and printing false scandalous, malicious words against James Miller. Smith has been stating to others that Miller had been caught in December 1815 in the stable of his father, Samuel Smith, in the act of buggery or sodomy with a brute beast, a mare of his father Samuel. James Miller sues David Smith for $1000 in his complaint which was signed by Johnston P. Q. James Miller puts in his place General W. Johnston his attorney against David Smith on the action of slander. A subpoena is issued for David Smith, John Smith, Samuel Smith and his wife Patsy. They are to come to court and answer to James Miller on a plea of slander. The subpoena is dated February 14, 1816 and witnessed by R. Buntin. The writ was executed by reading the within writ per James Jordan, Deputy Sheriff of Knox County. The cost to serve was listed as $3.71. A plea is filed by George R. C. Sullivan the attorney for David Smith. Sullivan comes and defends the wrong and injury and says the defendant is not guilty in the manner of charges brought against him and puts himself on the country. A subpoena is issued to bring James Scott, Daniel Smith, Charles Polke and Obediah Flint to court the last Monday of September. They are to give evidence on behalf of James Miller, plaintiff against David Smith on a plea of trespass and slander. A $100 penalty will be applied for nonappearance. The subpoena is dated August 26, 1816 and witnessed by R. Buntin, Clerk. James Jordan, Deputy states the subpoena was executed on Flint by leaving a copy at his place of abode. On Polke, Smith and Scott it was read to them. The cost to serve was listed as $3.99. A cost of court bill was filed. The dates on the court bill are from February 19, 1816 to October 1816 in the amount of $23.06 1/2. C. H. Tillingshast states he has received the clerk fees, attorney fees and the jury fees. He also states he received $8.72 for his fees. The jury finds for the plaintiff in the amount of $50 in damages.
Origin:	2019-04-17
Created By:	Indiana Territory. Circuit Court (Knox County);
Contributor(s):	McCall, James; Raymond, David; Polke, William; Sullivan, Daniel;
Source:	http://indianamemory.contentdm.oclc.org/cdm/ref/collection/ving/id/28414
Collection:	Early Vincennes, 1732-1835
Rights:	http://rightsstatements.org/vocab/NoC-US/1.0/
Copyright:	No Copyright - United States
Subjects:	Indiana Territory Complaints (Administrative procedure) -- Indiana Territory Costs (Law) -- Indiana Territory Damages -- Indiana Territory Depositions -- Indiana Territory Damages -- Indiana Territory Judgments -- Indiana Territory Jurors -- Indiana Territory Lawyers -- Indiana Territory Mares -- Indiana Territory Subpoena -- Indiana Territory Summons -- Indiana Territory Trespass -- Indiana Territory Witnesses -- Indiana Territory Writs -- Indiana Territory Libel and slander Court Records

Further information on this record can be found at its source.