The Trial Record of William Kelley

 
Crim. Ec. Doc. 1.310

 

 

 

 

 

 

 

G. Jury

 

 

 

 

Indict.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Plea

 

Petit Jury

 

 

Verdict

 

Mo. for
New Trial

 

 

 

overruled

Mo. arrest)
Judgmt. )

 



 

 

 

 

overruled

Sentence

 

 

 

The State of Ohio, Cuyahoga County
In the Court of Common Pleas.

The State of Ohio) Indictment . . . )
29 . . . .vs. . . . . . ) for murder in . )
William Kelley .) the second . . . )
. . . . . . . . . . . . . .) degree . . . . . . )

Be it Remembered, that hereto fore, to wit: at a Term of the Court of Common Pleas, begun and held at the Court House, in the leity of Cleveland, within and for the County of Cuyahoga and State of Ohio by and before their Honors, Thomas Bolton, Jefre 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 summoned by the Sheriff of said County, to appear and serve at said Term, being called, came as follow… to wit: Harvey Rice, Mark W. House, Aaron W. Dean, John McMillan, Philander Farr, Joseph A. Gribble, Smith Neville, Sheldon Hopkins, Alonzo French, Lyman Baker, Amaziah L. Radway, Erastus F. Gaylord, Philo Scovill, Franklin Andras 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 retired 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 William Kelley, which said Bill of Indictment is as follows, to wit:

the State of Ohio, Cuyahoga County. At a Term of the Court of Common Pleas begun and held at the Court House in Cleveland, within and for said County of Cuyahoga, on 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 William Kelly, late of the County aforesaid, on the fifteenth day of December in the year of our Lord, one thousand and 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 assault in a menacing manner, and the said William Kelley with a certain act which he the said William Kelley then and there in both his hands had and held, the said Rosa O'Malia then and there unlawfully, purposely and maliciously but without deliberation and premeditation, did strike, beat and penetrate thereby giving to the said Rosa O'Malia then and there with the ax 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, maliciously, but without deliberation to kill and murder her the said Rosa O'malia, of which said mortal wound the said Rosa O'Malia on and from said fifteenth day of December, in the year last 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 oat the County aforesaid, the said Rosa O'Malia of the mortal wounds aforesaid died. So the Jurors aforesaid on their oaths aforesaid, do say that the said William Kelley, here 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 care 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 William 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, unlawfully purposely and maliciously, but without deliberation and premeditation did make an assault, in a menacing manner, and the said William Kelley with a certain shovel which he the said William Kelley, then and there in both of his 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 penetrate, 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 then and there, purposely 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 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 twenty first day of December in the year aforesaid oat 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 William 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 William Kelly, on the fifteenth day of December in the year one thousand and 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 an assault in a menacing manner, and the said William Kelley, with an instrument and weapon to then there in both this hands had and held the said Rosa O'Malia, in and uon 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, diverse 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 premeditation to kill and murder her the said Rosa O'Malia, of which said mortal wounds cuts and contusions, she the said Rosa O'Malia, and 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 dies: So the Jurors aforesaid on their oaths aforesaid, do say, that the said William 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. Shade, Prosecuting Attorney. - Cuyahoga Common Pleas. - the State of Ohio vs. William Kelley. - Indictment for murder in second degree. A True Bill. Harvey Rice Foreman 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 defendant William Kelley, and he the said defendant being arraigned at the bar of the Court, and said indictment read to him, and he being inquired of for his files thereto says he is not guilty in manner and form as he stands charged therein. - And in the twenty ninth day of February, A.D. 1860, being a day in said February Term, again came the Prosecuting Attorney and also came the said defendant, William Kelley, who for trial puts himself upon the country and the prosecution doth the like. Where upon a Jury being called come , to wit: John Blair, James W. Fitch, Azariah L. Marile, Elias H. Park, Noah Carton, Andrew M. Whitaker, Frederick B. Pratt, William H. Martin, Brewster Polton, Miles F. Norton, Allen Armstrong and Hannibal Goodell, who being duly impanneled and sworn the truth to speak upon the issue joined between the State of Ohio and the said William Kelley, do upon their oaths find and sign, that said defendant, William Kelley is guilty of murder in the second degree, in manner and form as he stands charged in said indictment. And afterwards, to wit: on the second day of March A.D. 1860, being a day in said February term, the defendant by his counsel, files his motion for a new trial of this carise, in the word, and figures following, to sit: The State of Ohio vs. William Kelley. Court of Common Pleas. Cuyahoga County, Ohio. February Term, A.D. 1860 - Now comes defendant in the above entitled case after verdict and before judgement and asks the Court that is a new trial may be granted him in said case for the following reasons. 1st, Improper instructions by the Court to the Jury. 2nd, That the verdict is contrary to the law. -3rd, That the verdict is contrary to the testimony in said case. 4th, That the Court improperly rejected from the Jury material testimony for the defendant. 5th, That the Jury erred in returning a general verdict on all the counts of the indictment. E.P. Slade, defts. Atty. Which said motion, being heard, is overruled and the ninth day of March A.D. 1860, being a day in said February Term, the defendant, by his counsel files his motion in arrest of judgement, which said motion, last mentioned, is as follows, to wit: the State of Ohio vs. William Kelley. Court of Common Pleas Cuyahoga County, Ohio. Indictment for murder. - Now comes the defendant, William Kelly after verdict but before judgment and moves the Court to arrest judgment for the following reasons, to wit: 1st, That the indictment is insufficient, defective and void in law. 2nd, that the verdict being a general verdict on all the counts of the indictment is therefore erroneous. 3rd, That the various means in the several counts of the indictment alleged to have been employed by the defendant to accomplishthe crime charged under the verdict of guilty of murder in the second degree on all of said counts generally untrue and inconsistent. 4th, That the Jury erred in returning a general verdict on all of the counts of the indictment. 5th, Other errors manifest and apparent on the record. E.P. Slade Atty, 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 also came the said defendant William Kelley. Thereupon said motion in arrest of judgment being heard is overruled. Wherefore it is considered and the sentence of the Court is that the said defendant, William Kelley, betaken hence to the jail of the County, and from thence by the Sheriff thereof, to the penitentiary of this State, and that he be therein confined and kept at hard labor for and during the term of his natural life, and that he pay the costs of this prosecution taxed at two hundred twenty one dollars and thirty cents. - It is no part of this sentence that he be confined for any period of time in the solitary cells of the prison.