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JACOB STUART'S MURDER TRIAL COURT PAPERS

On August 8, 1829, Jacob STUART shot John DAVIDSON in the leg. No one really knows what the bone of contention was between these two men who were brothers-in-law. Some theorize that John had confronted Jacob about money owed to the estate of Thomas STUART (Jacob's father)in the amount of $500. The fact that he had a loaded gun when he went to speak with John seems to damn him in the courts of justice at that time.

It seems that Jacob's life was literally falling apart all around him on that fatal day. He had filed for a divorce from his wife, Lucinda LAMPKINS on the grounds of adultery. She was openly living with Moses HEAD and planned to get married. Some say without benefit of divorce from Jacob. He owed his father's estate $45.00 - money which would have been owed to his mother and/or siblings. And, he was reputed to have a fiery temper.

From the court papers, Jacob shot John in the leg just below the knee. John suffered for with the wound for seventeen days before dying, presumably from sepsis (blood poisoning).

One can only imagine the anguish this entire family went through in that month of August. A beloved husband, father and brother-in-law was dead. A brother/brother-in-law was charged with his murder. In what court records that have been found, it looks like Thomas GOFF (Jacob's brother-in-law) and James STUART (Jacob's brother) wanted to help Jacob have as fair a trial as was possible.

On August 6, 1829, Three witnesses, John MINTON, John PEMBERTON and William PATTON, were bonded for the sum of $50.00 to appear at the beginning of the next court session to serve on the grand jury.

The grand jury convened November 12, 1829 and issued the indictment. 1 2 Members of the grand jury included the above named persons as well as William HARRIS, S. BURKHARTT, ____ GIDDINGS, D. W. W. WALKER, Delphy WILKES and Kitty MINTON (I'm not 100% per cent sure that she was a member of the grand jury but her name is on the grand jury indictment.)

Jacob filed for papers change of venue to move the trial from Randolph County, Missouri, where he felt that the inhabitants wouldn't be able to give him a fair trial, to Howard County, Missouri.

The following images are concerning the Jacob's transfer from the Randolph County Sheriff Hancock JACKSON to the Boone County sheriff Nathaniel Ford. Page 1 Page 2

A jury was impaneled and given their instructions.

State of Missouri|
vs | Murder
Jacbo Stuart | Now, at this day comes as well the attorney General who presents for the State of Missouri in this behalf as the said Jacob STEWART in his own proper, who being forthwith demands of and concerning the premises and how he will acquit himself thereof, says he is not guilty in manner and form as charged upon him in the bill of Indictment, and for his trial puts himself upon the country, and the Attorney General who present aforesaid, doth the like, And thereupon comes a jury, to wit - Nathaniel DAVIDSON, Robert HANCOCK, Stephen STEMMONS, Elias M. WARE, Robert STEEL, William Lee DENT (?), William JAMES, Jesse HASTIN, Jonathan HEADRICK, Edward ATTEBURY, David BOZARTH, and Louis CRIGLER, twelve good and lawful men, who being duly elected tried and sworn will and truly to try the ipac(?) joined between the parties aforesaid (twelve Statesmen have been summond by order of the court) and the jury having heard part of the testimony are permitted to separate til the opening of the court tomorrow.

They were not sequestered but allowed to leave the court room after testimony had been completed.

The following is a transcript of the jury findings.

State of Missouri Twelfth Circuit Court
County of Randolph November Term 1829
The grand jurors for the State of Missouri for the body of the county of Randolph aforesaid,
Upon there oath present, that Jacob Stewart late of said county of Randolph, not having the fear of God before his eyes, but being moved and seduced by the instigations of the Devil, on the eight day of August in the year of our Lord one thousand eight hundred and twenty nine, with force and arms at the county of Randolph aforesaid in and upon one John Davidson in the place of the State then and there & being feloniously willfully and of his malice aforethought did make an assault and that (he) the said (Jacob Stuart) a certain gun of the value of ten dollars then and there charged with gun powder and one leaden bullet, which gun he the said Jacob Stewart in both his hands then and there had & held then & there feloniously wilfully (sic) of his malice of forethought did shoot off and discharge to against and upon him the said John Davidson and that the said Jacob Stewart with the leaden bullet aforesaid and of the gun aforesaid then & there by force of the gun powder aforesaid by the said Jacob Stewart shot discharged & sent forth as aforesaid, then & there feloniously willfully and of his malice aforethought did strike penetrate and wound the John Davidson in and upon the right leg a little below the knee of him the said John Davidson giving to him the said John Davidson then & there with the leaden bullet aforesaid by means of shooting off and discharging the said gun so loaded, to at & against the said John Davidson & by such striking penetrating and wounding the said John Davidson aforesaid one mortal wound in and through the right leg (a little below the knee) of him the said John Davidson, of which mortal wound he the said John Davidson from the said eight day of August in the year one thousand eight hundred & twenty nine until the twenty fifth day of August in the year last aforesaid in the County of Randolph aforesaid, did languish and languishing did ____ on which twenty fifth day of August in the year last aforesaid at the county aforesaid he the said John Davidson of the mortal wound aforesaid died. And so the jurors aforesaid upon this aforesaid do say that the said Jacob Stewart ------- him the said John Davidson in manner and form aforesaid, feloniously willfully & of his malice aforethought did Kill & Murder - against the form of the statute in that case made & provided and against the peace and dignity of the State.
R. W. Wells

Here are the original documents for the above transcription Page 1 and Page 2.

Jacob filed an appeal after his conviction and death sentence. His brother James filed an affidavit stating that he saw a juror (during a break in court) out on the town square speaking with someone that wasn't on the jury (a Pleasant WILSON) and the sheriff was in earshot of the conversation. He said that he had heard that the juror in question was Mr. HENDRICK. Jacob's brother-in-law, Thomas GOFF, also filed an affidavit stating that he had seen David BOYER, one of impaneled jurors, talking to David MEADE, someone who wasn't on the jury, within twenty-five yards of the courthouse. Obviously, their affadavits didn't seem to concern the presiding judge. (*One note about these documents, it's a real pleasure and kick to see my great-great-great-great grandfather, Thomas GOFF's signature on the affadavit. We make our Gs very much the same. Maybe considering the gravity of the situation kick and pleasure shouldn't be the adjectives that I should use in this matter since this does concern the killing of my other great-great-great-great grandfather John Davidson and the execution of my great-great-great-great grand uncle Jacob Stuart.)

Here is a notice of Jacob's conviction. Then, the notice announcing when his execution would take place.

I would like to thank Cheryl Stuart Oberhaus for sharing these articles and court records. She is trying to find the actual court testimony and let's all hope she is successful.

Goff and Hobbs Connections

Descendants of Benjamin Stuart of Spotsylvania County, Virginia