Duncan research files of
Roane Co. TN Circuit Court (FHL film 560,073; typed copy from Judy Player 1990; MAD: paragraphing mine, dates condensed)
Pg.623-627, Thursday, November 1, 1860. State vs William Duncan. Came the Grand Jury into open court and brought with them a bill of indictment against the defendant for perjury , endorsed by the foreman of said Jury (blur) bill & which indictment is in the words and figure following, to wit:
State of Tennessee, Roane County, Circuit Court, October Term 1860. The Grand Jurors for the State of Tennessee being duly summoned elected impannelled sworn and charged to inquire for the body of the County of Roane in the state aforesaid upon their Oath aforesaid presents.
That one David Rausin on 23 Oct. 1857 brought suit in Monroe County in said state against one Howard Henry as the administrator of the estate of James F. Duncan deceased and one William Duncan as the administrator of the estate of Jeremiah Duncan deceased by warrant issued by a Justice of the peace of said Monroe County for the recovery of a sum money within the jurisdiction of a Justice of the peace due by a bill single before that time jointly executed by the said James F. Duncan and Jeremiah Duncan for the payment of a sum of money within the jurisdication of a Justice of the Peace to the said David Rausin for a Valuable consideration, and the said warrant was not served on the said Howard Henry but was duly served on the said Willam Duncan by a lawful officer of said Monroe County and was returned for trial before one James Montgomery a Justice of the peace for said Monroe County
and the said James Montgomery, Justice as aforesaid rendered judgement in favor of the said David Rausin in and cause on 14 Nov. 1857, for the sum of money as aforesaid by the said bill single and interests thereon and the costs of said suit the sum total being an amount within the jurisdiction of a Justice of the peace from which said judgement the said William Duncan failed to appear within the --- two days after the rendition of the same judgement
and afterwards in the aforesaid County of Roane the same William Duncan prepared a Petition addressed to the judge of the Circuit Court of the Judicial Circuit in which the aforesaid counties of Roane and Monroe were situated for writs of Certiorari and supersedeas to remove the said cause into the Circuit Court of the said Monroe County
and the said William Duncan late of said County, Yeoman on 13 Feb. 1858 in the aforesaid County of Roane appeared before one Joseph Roberson a Justice of the peace for the said County of Roane, and was then and there duly sworn according to law and made his affidavit in writing before the said Joseph Roberson as aforesaid that the statements of facts contained in his said petition were true to the best of his knowledge on a belief and the said Joseph Roberson as such Justice then and there had lawful authority to administer the said Oath in that behalf and to take the said affidavit in writing as aforesaid which said petition so sworn to as aforesaid
shortly after that time that is to say on 16 Feb. 1858 was presented to Thomas W. Turley one of the Circuit Judges of the said state and the said Thomas W. Turley Judge as aforesaid on the last mentioned day and year made his official feat to the prayer of the said petition ordering that writs of Certiorari and supersedeas should issue accordingly to the prayer of the said petition on the said petitioners entering into bond and security according to law
and then on the said 13 Feb. 1858 in said Roane County the said William Duncan not having the fear of God before his eyes but being moved and seduced by the instigation of the devil upon his Oath aforesaid before the said Joseph Roberson, Justice of peace, as aforesaid falsely corruptly knowingly wilfully and feloniously in and by his said affidavit and in the said petition did depose and swear (amongst other things) in substance and to the effect following
that is to any that he the said William Duncan never was the administrator of either James F. Duncan or Jeremiah Duncan, but that he was the executor of the said Jeremiah Duncan and that the note (meaning by the word "note" the aforesaid bill single) on which the said judgement was obtained purports to have been signed by the said James F. Duncan and Jeremiah Duncan but that he the said William Duncan was advised and believed and so charged the facts to be that the signature to the said bill single was not the act and deed of the said Jeremiah Duncan and that the said Jeremiah Duncan never signed the same bill single or authorized any one to sign it for him or acknowledged his signature thereto after it was signed
and that he the said William Duncan on the rendition of the said judgement prayed an appeal from the said judgement which was granted by the said James Montgomery Justice as foresaid and that in the said William Duncan presented good security for the prosecution of such appeal which the said Justice did not object to and that the said Justice last mentioned remarks he had not time to write and take the appeal bond but that he the aforesaid last mentioned Justice would attend to taking the bond at another time and that the said William Duncan believing he had done all the case required him to do, left the office of the said last mentioned Justice,
and when he the said William Duncan again called at the office of the said last mentioned Justice, the said last mentioned Justice refused to take the appeal bond in said cause and refused to return the papers in said cause to court and issued an execution on the said judgement and that the said judgement was not dated and that said Justice last mentioned told the said William Duncan that twenty days had not expired after the said judgement had been rendered and he the said William Duncan was entitled to a certiorari and supersedias and that the said William Duncan in the said information from the said Justice last mentioned presented a petition for writs of Certierari and supersedias in the said cause to two justices of the peace which two justices granted him the said William Duncan writs of certiorari and supersedias in said cause
and that afterwards the said James Montgomery Justice as aforesaaid stated that more than twenty days had elapsed after the rendition of the said judgement before the filing of the said petition and that during the pendency of the said cause in the Circuit Court of Monroe County aforesaid in Virtue of the said petition as presented as aforesaid to two justices of the peace and the first of the said two justices that the said William Duncan and the said David Rausin entered into a written agreement to leave the mentioned dispest to the arbitration of John Carson Esquire and D.P. Walker which said agreement was signed and witnessed and filed in the office of the Clerk of said court in said cause and that the said arbitrators at the time of so being sworn as aforesaid before the said Joseph Roberson Justice as aforesaid had not acted, but that the said William Duncan was anxious and willing that the the said arbitrators should act in the premises,
whereas in truth and in fact the said William Duncan then and there was the administrator of the estate of the said Jeremiah Duncan and whereas in truth and in fact the said Jeremiah Duncan did sign the said bill single, and whereas in truth and in fact the said William Duncan at the time of the rendition of the said judgement by the said James Montgomery Justice as aforesaid did not present any security to the said Justice last mentioned for the prosecution of an appeal from the said judgment and whereas in truth and in fact the said arbitrators had at the time of so being sworn as aforesaid before the said Joseph Roberson Justice as aforesaid acted on the reference of said cause aforesaid and whereas in truth and in fact the said William Duncan was not anxious and willing that the said arbitrators should act and the said William Duncan then and there well knew that he the said William Duncan was then the administrator of the estate of Jeremiah Duncan deceased and that the said Jeremiah Duncan did sign his name to the said bill single and that he the said William Duncan at the time of the rendition of the said judgement did not present to the said James Montgomery Justice as aforesaid any security for the prosecution of an appeal from said judgement and that at the time of so being sworn as aforesaid before the said Joseph Roberson the said arbitrators had acted on the reference of the aforesaid matters of dispute between the said parties that he the said William Duncan was not and had not been willing that the said abitrators should act in the premise,
and as the jurors aforesaid upon their Oath aforesaid do say that the said Wllllam Duncan being so sworn as aforesaid in the said affidavit and petition as aforesaid before the said Joseph Roberson Justice of the peace as aforesaid in manner and form as aforesaid then and there falsely willfully, completely, knowingly and feloniously did commit wicked and corrupt perjury to the great displeasure of Almighty God and against the peace and dignity of the State.
/s/ Charles M. Alexander, Attorney General.
Endorsements. Indictment. The State vs. William Duncan, Perjury. David Rausin, Prosecutor, David Rausin witness for the state sworn in open court and sent to the Grand Jury October 31, 1860. /s/ W.S. Patton, Clk.
A True Bill. /s/ James N. Harvey Foreman of the Grand Jury.
Tuesday, October 14, 1862, State vs. William Duncan, Perjury. Came the Attorney General and the defendant in proper person and the Attorney General says he will not further prosecute the defendant. It is therefore considered by the Court that the defendant be discharged and the State of TN pay the costs of the prosecution and that the Clerk tax the same for inspection and allowance.
Tuesday, October 31, 1865, State vs. William Duncan, Perjury. The bill to the State, listing fees paid to witnesses, sheriff, etc.; names of individuals listed with amount owed; total amount due $104.19.
Roane Co. TN Circuit Court Record, March 1866 (copy from microfilm, book and pages not given; from Judy Player 11/1990)
The State vs. Hart Duncan, Robbery, March term Circuit Court 1866; grand jurors ... that Hart Duncan and William C. Nelson, late of Roane Co., laborers, on 10 Dec. (sic) 1863, with force and arms, in Roane Co., assaulted Rufus Jones, who was in bodily fear and danger of his life, and feloniously "put and" (took) one Greenback note for $1, one for $2, five for $5 jointly valued at $25, three of $10, and one note of hand signed by said Rufus Jones which promised to pay said Hart Duncan $65; the jury found them guilty.
March 14, 1866; William C. Nelson and James E. Coles his security appeared in court and agreed to pay the State of TN $1500 unless William C. Nelson appear at the present term of the court from day to day to answer an indictment for robbery.
State vs. Hart Duncan (next item); Grand Jury brought an indictment against the defendant for robbery; that Hart Duncan late of Roane Co., laborer, on 10 Nov. (sic) 1863, with force and arms, assaulted Rufus Jones and (took) one bay horse valued at $200.
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