Legal document from state of Alabama to state of Mississippi; October 25, 1871

Documents
Legal document from state of Alabama to state of Mississippi; October 25, 1871

Document Network
Document Metadata

Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Blount, Henry G.Bond, James Eslava, Jerome Granger, A. M.LaVergy, P.Price, Caleb Whitfield, Henry B.Winston, John A.

Events

Crime Crime--Fraud Criminal Procedure Criminal Procedure--Arrest Criminal Procedure--Charges and specifications (Civil and Criminal)Criminal Procedure--Indictments

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Criminal Juries Courts and Judicial Systems--Grand jury Jails Mississippi--Judicial Districts Mississippi--Judicial Districts. 6th District Plantations

Businesses

Mills Retail Stores Retail Stores--Grocery

Occupations

Clerks Law Enforcement Law Enforcement--Sheriffs Lawyers Lawyers. Public Prosecutors

Places

Alabama--Mobile County. Mobile Mississippi--Lowndes County. Artesia Mississippi--Lowndes County. Columbus

Page 1

[note] c. Oct. 25, 1871 [/note]

"Copy"

The State of Alabama
Mobile County

City court of Mobile June Term 1868.

The Grand Jury of said county charged that before the finding of this indictment Henry B Whitfield did falsely and with intent to defraud pretend to John A Winston as one of the firm of Jno A Winston & Co that he the said Whitfield was nearly free of debt, and that if he the said John A Winston would for and in behalf of said firm of Jno A Winston & Co, accept the draft of said Whitfield to the amount of Four thousand dollars, that with the proceeds of said drafts he would be able to pay off all the debts he owed and be able to continue and enlarge his business, and that by the time the drafts should fall due no man would hold a dollar of his paper (meaning promisary notes or other written evidence of debt) and that he said Whitfield was running to advantage and profit a cotton mill near Artesia in the state of Mississippi, and had on hand and was constantly making Cotton yarns which he should ship to

Page 2

said John A Winston & Co. to sell to indemnify themselves against such acceptances, and that he the said Whitfield owned a store and was doing business in groceries & provisions at Artesia in Missippi, and that he was the owner of a plantation and growing crop near Artesia in Missippi, and that the same was nearly free of incumbrance and that the cotton growing and to be gathered should be subject to a lien in favor of said John A Winston & Co and should be sent to them to sell to indemnify themselves against loss by reason or incumbrance upon said plantation was a mortgage to his brother or in which his brother was interested, and that he had paid off one installment and that one other remaining instal-ment was partly paid, and the balance would under these existing arrangements be paid off before the maturity of said acceptances, and that he the said Whitfield was entirely free from any embarrassing debt, that he owed but very little and was possessed of property at that time to the extent of Seventeen Thousand dollars above all his debts

Page 3

and liabilities—and the Jury charge that said pretenses were false and fraudulent, and that by means thereof the said Henry B Whitfield did procure and obtain the signature and acceptance of said firm of John A Winston & Co executed for said firm by said Jno A Winston, to whom said false pretenses were made, of two drafts of him the said Henry B Whitfield amounting to the sum of Four thousand dollars drawn at Columbus in the state of Missippi upon said firm of John A Winston & Co at Mobile and accepted by said firm at Mobile. one of said drafts being for the sum Fifteen hundred dollar^s dated the 25^th day of March 1867 and payable to H B Whitfield & Co on the 15^th day of October next after the date thereof; and the other dated March 29^th 1867—for the sum of Two thousand & five hundred dollars payable to the order of Henry B Whitfield on the 20^th day of October 1867.

Against the peace & dignity of the state of Alabama

James Bond
Solicitor of the sixth Judicial Circuit

Page 4

Endorsement

Prosecutor Jno. A. Winston (signed) Caleb Price foreman. A true Bill (signed) Caleb Price Foreman of the Grand Jury Filed in open Court June 12^th 1868

P. LaVergy. Clerk

Writ of Arrest

The state of Alabama
Mobile County

To any sheriff of said county

Greeting, An Indictment having been found at the June term 1868 of the City Court of Mobile for Mobile County against Henry B Whitfield for the offence of obtaining acceptances to draughts under false pretenses. You are therefore commanded to arrest forthwith said deft and commit him to Jail unless he give bail in answer to said indictments, and return this writ According to laws unto our said Courts.

Dated this 12th day of June AD. 1868

attest P LaVergy Clk.

Shff return

The defendant not found in my County

A M Granger Shff M C
By Jerome Eslava D. S

Page 5

The state of Alabama
Mobile County

I P. LaVergy Clerk of the City Court of Mobile hereby Certify that the foregoing is a true Copy of the indictment found by the Grand Jury of Mobile County, against Henry B Whitfield at the June term 1868 of said Court together with the proceedings had thereon the original of which is now on file in the office of the clerk of said Court

In Testimony whereof I hereunto set my hand & ~~affix~~ seal of the Court this 25^th day of Oct 1871

P. LaVergy Clk

(seal)

State of Alabama
Mobile County

Personally appeared before me P LaVergy clerk of the City Court of Mobile County Henry G Blount who being duly sworn deposes & says that to the best of his information knowledge & belief Henry B Whitfield is a resident of Columbus in the state of Missippi

H G Blount

Subscribed & sworn to before me this 25^th day of Oc^t A D 1871

P LaVergy
Clk