|
The People vs Jerome
McBain
Indictment for Murder.
John Maynard Dist Atty.
Dft desire
a (?) trial
G. B. Bradley
A true Bill
Plead Guilty of
manslaughter in the second degree & sentinced to 4 yrs to
prison
Breman
Filed Jany 9, 1858
The defendant pleads guilty to manslaughter in the second
degree
Geo B. Bradley
Dft Atty.
At a Court of Oyer and Terminer held at the
Court House in Corning in and for the County of Steuben on the first
Monday of January in the year of our Lord one thousand eight hundred and
fifty eight, before the Honorable Thomas A. Johnson one of the Justices of
the Supreme Court of the State of New York. Honorable David McMaster
County Judge of the County of Steuben, Henry Pier and Simeon Wagner
Esquires Justices elected to keep the peace in and for the said County of
Steuben duly designated as members of the Court of Sessions of in and for
said County of Steuben: appointed to hear and determine dious treasons,
felonies and other crimes and misdemeanors in said County perpetrated upon
the oaths of Jeffery Smith, Charles Stonus, William A. De Wolf, D. G.
Ponden, N. B. Stanton, S. J. Teeples, Ezra Gleason, Charles Mulford,
Calvin Cowley, Benjamin D. Platt, Anthony Thompson, Lorenzo Whittenhall,
Alexander Tucker, Philip Sherman, Benjamin A. Houess, Leonidas Works,
Philip Brutsman, S. B. Howell, S. D. Selleck and Nelson Blair good and
lawful men of the County of Steuben aforesaid, then and their being duly
sworn and charged upon their oaths to enquire for the People of the State
of New York in and for the body of the County of Steuben aforesaid, it is
presented in manner and form following that is to say.
Steuben
County ss. The Jurors of the People of the State of New York in and for
the body of the County of Steuben upon their oaths present
that
Jerome McBain late of the Town of Corning in the County of
Steuben and state of New York not having the fear of God before his eyes
but being moved and deduced by the instigation of the devil on the
eleventh day of November in the year of our Lord one thousand and eight
hundred and fifty seven with force and arms at the Town of Corning in the
County of Steuben aforesaid in and upon me Thomas Edger in the peace of
God and of the people of the state of New York then and there being then
& there felonious by wilfully and of malice aforethought did make an
assault and that the said Jerome McBain with force and arms a certain gun
loaded with powder and shot which be the said Jerome McBain then &
there held in his hands to & against the said Thomas Edger in and upon
the head & in the left eye of the head of him the said Thomas Edger,
feloniously wilfully and of malice aforethought, did fire discharge, shoot
& wound, bruise, beat & cut, giving him the said Thomas Edger by
such firing discharging shooting, wounding, bruising beating cutting &
by with the shot so discharged from the gun, the mortal wound in and upon
the head of him the said Thomas Edger and in & upon the left eye of
the head of the said Thomas Edger of the length of two inches and of the
depth of two inches of which said mortal wound be the said Thomas Edger in
the said eleventh day of November in the year of our Lord one thousand
eight hundred and fifty seven at the Town of Corning in the County of
Steuben aforesaid did instantly die and of the said mortal wound the said
Thomas Edger did, on the day & year last aforesaid and at the town and
county last aforesaid, die. And so the jurors aforesaid upon their oaths
aforesaid do say that the said Jerome McBain tu said Thomas Edger in
manner and form aforesaid feloniously wilfully and of malice aforethought
did kill and murder against the peace of the people of the state of New
York and their laws & dignity & against the form of the statute in
such case made & provided.
And the jurors aforesaid upon their
oaths aforesaid do further present that Jerome McBain late of the Town of
Corning in the County of Steuben and state of New York, not having the
fear of God before his eyes but being moved and instigated by the devil on
the eleventh day of November in the year one thousand eight hundred and
fifty seven with force and arms. At the Town of Corning in said County of
Steuben in and upon me, Thomas Edger in the peace of God and the people of
the said state then and there being then & there feloniously wilfully
unlawfully & from a premeditated design to effect the death of the
said Thomas Edger, and make an assault and the said, Jerome McBain and did
shoot & discharge a gun (made of iron and steel of the value of one
dollar which he the said Jerome McBain in his hands then & there held)
loaded with gunpowder and shot, to at & against upon the said Thomas
Edger and to at & against & upon the head of the said Thomas Edger
in the inner corner of the left eye of the said Thomas Edger and that with
the shot so discharged from the said gun he feloniously wilfully
unlawfully and from a premeditated design to effect the death of the said
Thomas Edger, struck penetrated & wounded the head of the body of the
said Thomas Edger, giving to him, the said Thomas Edger, a mortal wound,
from the shot so discharged from the gun aforesaid, of the length of two
inches and of the depth of two inches, of which said mortal wound the said
Thomas Edger instantly and in the eleventh day of November in the year one
thousand eight hundred and fifty seven, died.
Wherefore the Jurors
aforesaid upon their oaths aforesaid do say that the said Jerome McBain,
him the said Thomas Edger in the manner and by the means aforesaid
feloniously, willfully unlawfully and of malice aforethought and with a
premeditated design to effect the death of the said Thomas Edger did kill
& murder against the form of the statute in such case made &
provided & against the peace of the people of the state of New York
& their dignity & laws.
And the jurors aforesaid upon their
oaths aforesaid do further present that Jerome McBain late of the town of
Corning in the County of Steuben and state of New York not having the fear
of God before his eyes but being moved & seduced by the instigation of
the devil, on the eleventh day of November in the year one thousand eight
hundred and fifty seven with force and arms at the town of Corning
aforesaid in and upon me Thomas Edger in the peace of God and the said
people then & there being, feloniously wilfully and of his malice
aforethought did make an assault and that the said Jerome McBain a certain
gun loaded with powder & shot, & a certain rifle loaded with
powder & ball which be the said Jerome McBain then & there in his
hand had & heeded shoot and discharge & fire at to & against
& upon the said Thomas Edger and at to & against & upon the
head of the said Thomas Edger & to against & upon & into the
left eye of the said Thomas Edger, and that with the shot & ball so
discharged shot & fired as aforesaid the said Thomas Edger feloniously
wilfully and of his malice aforethought & malice penetrated and
wounded the body of the said Thomas Edger and the head of the body of the
said Thomas Edger and the left eye of the said Thomas Edger, giving to him
the said Thomas Edger with the shot & ball so discharged from the said
gun & rifle a mortal wound on the left side of the head of the length
of two inches and of the depth of two inches of which said mortal wound
the said Thomas Edger instantly died on the said eleventh day of November
in the year one thousand and eight hundred and fifty seven; and the jurors
aforesaid upon thier oaths aforesaid do say that the said Jerome McBain,
the said Thomas Edger in the manner & from aforesaid feloniously
wilfully and of malice aforethought did & in thoughts contrary to the
form of the statute in such case made & provided and against the peace
of the people of the state of New York & their laws &
dignity.
John Maynard
District
Attorney
|
