The Trial Record of Margaret Kelley

 

Crim. Ec. Doc. 1. 311.

 

 

 

 

 

 

Jury

 

 

 

 

Indict.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Petit Jury

Verdict

 

Motion for new
Trial

 

 

Overrruled

Sentence

 

 

The State of Ohio, Cuyahoga County
In the Court of Common Pleas.
The State of Ohio. . . ) Indictment . . . ) Be it Remembered, that hereto-
30 . . . .vs. . . . . . . . . ) for murder in . ) fore, to wit: at a Term of the Court
Margaret Kelley . . . .) the second . . . ) of Common Pleas, begun and held
. . . . . . . . . . . . . . . . .) degree . . . . . . ) at the Court House in the City of Cleveland within and for the County, of Cuyahoga and State of Ohio, on the twentieth day of February, in the year of our Lord, one thousand eight hundred and Old Court House, demolished in 1858.  CSU Special Collectionssixty, by and before their Honors. Thomas Bolton, Jefae P. Bishop and Horace Foote, Judges of the Fourth Judicial District of the State of Ohio, (his Honor Judge Bolton presiding for the trial of criminal causes) the Jurors of the Grand Jury, good and lawful men, duly commissioned, by the sherrif of said County, to appear and serve, at said Term, being called, came as follows, to wit:

Harvey Rice, Mark W. House, Aaron W. Dean, John McMillan, Philander Farr, Joseph B. Gribble, Smith Neville, Sheldon Hopkins, Alonzo French, Lyman Baker, Amazirah L. Radway, Erastus F. Gaylord, Philo Scovill, Franklin Androus, and Charles Waters, who being duly impanneled, sworn and charged, retired from the bar of the Court in the custody of the Sheriff of said County, which said Grand Jury returned and presented to said Court, on the twenty second day of February, in the year and at the Term aforesaid, a certain Bill of Indictment against Margaret Kelley which said Bill of Indictment is as follows, to wit: The State of Ohio Cuyahoga, Js.(?) At a Term of the Court of Common Please begun and held at the Court House, in Cleveland, within and for said County of Cuyahoga, in the twentieth day of February, in the year of our Lord, one thousand eight hundred and sixty, the Jurors of the Grand Jury of the State of Ohio, and of the County of Cuyahoga, good and lawful men, then and there returned, tried, impanneled, sworn and charged to inquire within and for the body of the County of Cuyahoga, at the Term aforesaid, upon their oath aforesaid, in the name and by the authority of the State of Ohio, Do Present and Find , That Margaret Kelley late of the County aforesaid, on the fifteenth day of December, in the year of our Lord, one thousand eight hundred and fifty nine, with force and arms, at the County aforesaid, in and upon one Rosa O’Malia then and there being purposely maliciously but without deliberation and premeditation did name an assault in a menacing manner and with her hands had and held, the said Rosa O’Malia, in and upon the left side of the head of her the the said Rosa O’Malia, then and there purposely maliciously but without deliberation and premeditation, did strike beat and penetrate, thereby giving to the said Rosa O’Malia then and there with the axe aforesaid, in and upon the left side of the head of her the said Rosa O’Malia, one mortal wound of the length of five inches and of the depth of two inches, with intent thereby then and there purposely ma-iciously, but without deliberation and premeditation to kill and murder , her the said Rosa Cleveland, 1860s.  CSU Library Special Collection.O’Malia, of which said mortal wound she the said Rosa OMalia, on and from said fifteenth day of December, in the year last aforesaid, at the County aforesaid, did languish, and languishing did live, until the twenty first day of Decem-ber in the year last aforesaid, on which said last mentioned day in the year aforesaid, at the County aforesaid, the said Rosa O’Malia of the mortal wound aforesaid died. So the Jurors aforesaid on their oaths aforesaid do say, that the said Margaret Kelley, her the said Rosa O’Malia in manner and form aforesaid, unlawfully purposely and maliciously but without deliberation and premeditation, did kill and murder, contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Ohio And the Jurors aforesaid on their oaths aforesaid at the term aforesaid do further present and find, that the said Margaret Kelley on the fifteenth day of December in the year of our Lord, one thousand eight hundred and fifty nine, with force and arms at the County aforesaid, in and upon one Rosa O’Malia, then and there being, un lawfully purposely and maliciously , but without deliberation and pre-meditation did make and assault in a menacing manner, and the said Margaret Kelley with a certain shovel which she tho (?) said Mar garet Kelley then and there in both her hands had and held, the said Rosa O’Malia in and upon the left side of the head of her the said Rosa O’Malia then and there unlawfully purposely and maliciously but without deliberation and premeditation, did strike beat and pene-trate, thereby giving to the said Rosa O’Malia then and there with the shovel aforesaid, in and upon the left side of the head of her the said Rosa O"Malia, one mortal wound of the length of five inches and of the depth of two inches, with intent thereby then and there purpose ly and maliciously but without deliberation and premeditation to kill and murder her the said Rosa O’Malia, of which mortal wound, she the said Rosa O’Malia on and from the said fifteenth day of December in the year last aforesaid until the twenty first day of December of the same year, at the County aforesaid, did languish and languishing did live, on which said Cleveland's Public Square in 1862. CSU Library Special Collection.twenty first day of December in the year aforesaid, at the County aforesaid, the said Rosa O’Malia, of the mortal would aforesaid died. So the Jurors aforesaid on their oaths afore said, do say, that the said, Margaret Kelley her the said Rosa o" Malia, in manner and form aforesaid unlawfully purposely and maliciously, but without deliberation and premeditation did kill and murder; contrary to the form of the statute in such case made and provided and against the the peace and dignity of the State of Ohio. And the Jurors aforesaid on their oaths aforesaid at the term aforesaid is further present and find, that the said Margaret Kelly on the fifteenth day of December in the year of our Lord, one thousand eight hundred and fifty nine with force and arms, at the County aforesaid, in and upon one Rosa O’Malia then and there being unlawfully purposely and maliciously, but without deliberation and premeditation did make and assault in a menacing manner, and the said Margaret Kelley with an instrument and weapon to the jurors aforesaid un- known, which she the said Margaret Kelley then and there in both of her hands had and held, the said Rosa O’Malia in and upon the head breast and shoulders of her the said Rosa O’Malia, then and there unlawfully purposely and maliciously, but without deliberation and premeditation did strike and beat, and did then and there inflict upon her the said Rosa O’Malia, by such striking and beating, divers mortal wounds cuts and contusions, in and upon the head shoulders and breast of her the said Rosa O’Malia, with intent thereby then and there purposely maliciously but without deliberation and premed-itation to kill and murder her the said Rosa OMalia, of which said mortal wounds, cuts and contusions, she the said Rosa O’Malia, on and from the said fifteenth day of December in the year aforesaid until the twenty first day of December in the same year at the County aforesaid did languish and languishing did live, on which said twenty first day of December in the year aforesaid, at the County aforesaid, the said Rosa O’Malia of the mortal wounds cuts and contusions aforesaid, died.- So the Jurors aforesaid on their oaths aforesaid, do say, that the said Margaret Kelley, her the said Rosa O’Malia in manner and form aforesaid, unlawfully purposely and maliciously, but without deliberation and premeditation, did kill and murder, contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Ohio. Albert T. Slade, Prosecuting Attorney. – Cuyahoga Common Pleas: The State of Ohio vs. Margaret Kelly. . Indictment for murder in the second degree. Above Bill. Harvey Rice Foremen of the Grand Jury. –

And on the twenty second day of February A.D. 1860, being a day in said February Term, came the Prosecuting attorney and also came the said de-fendant, Margaret Kelley, and said defendant being arraigned at the bar of the Court and said indictment read to her, and she being inquired of for her plea thereto says she is not guilty, in manner and form as she stands charged therein

And on the first day of March A.D. 1860, being a day in said February Term, again came the Prosecuting attorney, and also came the said defendant Margaret Kelley, who for said puts herself upon the Court and the Prosecution doth the like. Whereupon a Jury being called come, to wit: Stephen Forbes, William H. Krepp, Henry Moses, Joseph P. Condit, A. B. Carlton, William Kerr, Rodolphus C. Benedict, Horatio W. Smith, Jefferson Thomas, William H. Willard, Z. P. Brimsmade and Ephraim T. Sh- - tevant, who being duly impanneled and sworn the truth to speak upon the issue joined, do on the third day of March A.D. 1860, being a day in said Frebrurary Term upon their oaths find an say, that said defendant Margaret Kelley is guilty of Murder in the second degree in manner and form as she stands charged in said indictment.

And on the sixth day of March A.D. 1860, being a day in said February Term, the said defendant by her counsel files her motion for a new trial of this cause – which motion is as follows, to wit: The State of Ohio against Margaret Kelly. In Court of Com mon comes the defendant by R. G. (?) Hunt her attorney and moves the Court for a new trial after verdict and before judgment on the following grounds, to wit: 1st. On the ground that the verdict is contrary to the evidence in the case. 2. Because the verdict is against the law in the case. 3. Because and on the ground of newly discovered evidence. R. G. Hunt, Att’y for Deft. And afterwards, to wit: on the tenth day of March A.D. 1860, being a day in said February Term again came the Prosecuting Attorney and the said defendant Margaret Kelley is also present in open Court. Thereupon said motion for a new trial, being heard, is overruled. Wherefore it is considered and the sentence of the Court is, that the said defendant Margaret Kelley be taken hence to the jail of the county and from thence by the Sheriff thereof to the Penitentiary of this State, and that she be therein confined and kept at hard labor for and during the term of her natural life, and that she pay the costs of this prosecution taxed at one hundred two dollars and ninety two cents. It is no part of this sentence that she be confined for any period of time in the Solitary cells of the prison (end of case)