James Layton - Indictment - Rankin Family History Project

Rankin Family History Project



State of Missouri
County of Perry
Missouri State Seal

February Term 1st day and 14th of month a.d. 1842
State of Missouri vs James Layton:
Indictment for Murder

Now at this day came the circuit attorney and moves the court and the said James Layton is brought into court in his proper person and on motion and affidavit of the said defendant this cause is continued to the next term of this court at the costs of said defendant.

Whereupon it is considered by the court here that the said plaintiff have and recover from and against the said defendant the costs of this suit at this term of the court expended and that elecution issue thereof and on motion of the circuit attorney it is ordered by the court that a veiri facias issue in this case returnable to the first day of the next term of this court, requiring thirty five good and lawful men to attend on said day to serve as jurors in this case and that a copy of the panel so to be returned be delivered to the defendant at least forty eight hours before the return day of said court.

And the said defendant having heretofore filed his affidavit stating that Joseph D. Simpson sheriff of Perry County is prejudiced against him the said defendant and James Rice heretofore appointed Elizor? in the case, appearing here in court and declining further to act.

It is ordered by the Court that Lewis Discon be appointed to execute and return said writ of venire facias, and it is ordered by the court that the said James Layton be remanded to the Custody of the sheriff of Perry County.

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June Term 1st day of the term and 13th day of the month ad 1842
#603  State of Missouri vs. James Layton:
Indictment for murder

State of Missouri
County of Perry
Missouri State Seal

This day came the circuit attorney and the said James Layton in his proper person and on his petition and affidavit of the said James Layton and the affidavit of John Layton heretofore filed, stating that they believe that the minds of the inhabitants of this judicial ciruit are prejudiced against the said James Layton and that he cannot expect a fair trial.

It is therefore ordered by the Court, that the venue of this cause be removed to the County of St. Francis in the ninth judicial circuit of the State of Missouri, and that the clerk certify this cause according to law to the circuit court of the said county of St. Francis and it is further ordered by the court that the sheriff of Perry County cause the body of the said James Layton to be removed to the jail of the said county of St. Francis and there delivered to the keeper of said jail together with the ? by virtue of which he is imprisoned.

And thereupon cause Joseph Matthews 1, Thomas Hopkins 2, Benjamin Clark 3, and H. B. Bernhard 4. all witnesses in the above cause and severaly acknowledged themselves to stand justly indebted to the state of Missouri in the sum of one hundred dollars each to be levied of their respective good and chattels lands and tenements, upon conditions they severally attend at the circuit court of St. Francis County in the ninth Judicial Circuit of the state of Missouri to be held at the Court House in Farmington, within and for the County aforesaid on the first monday of July next, there and then to testify the truth of their knowledge in the cause aforesaid on behalf of the state and not to depart the said court without leave.

Then this recognizance to be void and to remain in full force and effect.

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The Rankin Family History Project began in 1997 with a simple 3 generation family chart.   Inspiration came from our grandmother who has shared a lot of great stories and really got us going when she loaned us her copy of Maryland Catholics on the Frontier by Timothy O'Rourke;   and also from Alex Haley, whom we had the pleasure of meeting shortly before Roots was published.   This site is dedicated to our great-grandparents.   Without them, we would not be here.  

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Updated January 2000
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