Booker Smith and Daniel Hankins Jr. Fisticuffs

Booker Smith and Daniel Hankins Jr. Fisticuffs
The State of Ohio Lawrence Common Pleas September Term 1828, pg. 633 – 634

 Complete Record September Term 1828, 2nd Day 
Clerk of Courts, 1825-1829 

[Transcribed by the late Ken Clark, exactly as written] 

The State of Ohio   {Fisticuffs} 

Vs 

Booker Smith and Daniel Hankins, Junior 

Pleas before the Honorable Thomas Irvin, President Judge of the eighth circuit of the court of common pleas for the State of Ohio, and Nathaniel Davidson on and Nathaniel Prichard Esquire, two of his associates Judges of the court of Common Pleas in and for the county of Lawrence at the courthouse in Burlington on the first day of September and on the term of September in the year of our Lord one thousand eight hundred and twenty-eight and of this state the twenty-sixth. 

Be it remembered that hereto, ore to wit:  on the first day of September, on the first day of the term of September in the year of our Lord one thousand eight hundred and twenty-eight, a Grand Jury was impaneled sworn and charged to enquire of crimes and offenses committed with the body of Lawrence County, to wit, Charles McCoy, Foreman and Talesman, Peter Lionbarger, Edward Ward, James McClure, Charles Kelley, Samuel Ankrin, David Prichard, John Leednam, Philip Fout, Daniel Booth, Runnells Allen and William Gough of the regular pannell and John Mann and Jacob Powels, Talesmen who retired to consult ~. 

Thereupon the Grand Jurors aforesaid at the Term and place aforesaid came into court and brought with them a bill of indictment against the said defendants in the words and figures following to wit: 

  Court of Common Pleas, of the Term of September in the year of our Lord eighteen hundred and twenty-eight. 

  {“The State of Ohio    

Lawrence County”} 

The Grand Jurors of the State of Ohio impaneled & sworn to inquire of crimes and offenses committed within the body of Lawrence County aforesaid in the name & by the authority of the State of Ohio, upon their oath, present that Booker Smith, late of said county, & Daniel Hankins Junior, late of said county, on the eighteenth day of August in the year of our Lord one thousand eight hundred & twenty-eight with force and arms at Fayette Township in the county aforesaid unlawfully did agree to box and fight each other at Fisticuffs & being so agreed on they the said Booker Smith & Daniel Hankins Jr, then and there unlawfully and willfully did box and fight each other at fisticuffs & then & there did commit an affray contrary to the form of the statute in such case made & provided & against the peace & dignity of the State of Ohio.  Solomon Beckley, Pros Atty.

This bill is found on the testimony of Jonathan Tennings &  witness sworn and sent to go before the grand Jury by rules of the court at the request of the prosecuting attorney~ 

On the back of the forgoing bill of indictment is the following endorsement, to wit: 

“A True Bill, Charles Kelley, Foreman” 

And now at this time to wit at a court of common pleas hold on in and for the county aforesaid before the Judges aforesaid and at the time and place first herein aforesaid came Solomon Beckley who prosecutes on behalf of the State and one of the defendants to wit: Daniel Hankins Junior in his own proper person who hearing the indictment herein against him read and being forthwith demanded concerning the premises plead thereto Guilty the court having heard the testimony adduced and duly considered the premises. 

Consider that for such an offense, he makes his fine to the state of Ohio by the payment of ten dollars, and then he is imprisoned in the Jail of Lawrence County and fed on bread and water for the space of five days, and he pays the costs of the prosecution and may be taken to and that 

The sheriff of the county of Lawrence carries unto immediate execution the imprisonment aforesaid. ~ 

                        Examined 

                                                                    s/Th: Irvin, Pres. Judge 

[Transcribers notes:  By this court record, it is established and validated that the Father of Daniel Hankins Junior was Daniel Hankins Senior, who was, at the time of this court record, residing in Upper Township, which has been validated with the 1830 Lawrence County, Ohio federal census.  Copy of Microfilm document provided by Martha Martin-Kounse, Manager, Briggs Lawrence County Library Hamner Room, on 12 July 2000.]