Pike Co. OH Common Pleas Court, Complete Record Vol. A, pp. 176-177.

June Term 1819

State of Ohio vs. Abner Pancake

Indictment for Assault and Battery

Pleas held at the Court house in Piketon for the County of Pike before the Honorable Ezra Osbourn Presiding Judge of the Court of Common Pleas for the eighth Circuit for the State of Ohio, Samuel Henry Enos Prather and James Reed associate judges of said Court for the County aforesaid on the twenty second day of June in the year of our Lord one thousand eight hundred and nineteen And in the year of this State the Seventeenth. --

Be it remembered that on the first day of march in the year of our Lord one thousand eight hundred and nineteen William Talbott foreman John Davis Eli Sargent Eskridge Hall William Hunt James Daniel William Welch Joseph Lewis Robert Pierce Nathan Newsome George Sargent Charles Steenburgen Peter Dennison Bacon(?) Leasure and Nathan Pylover was empannelled Charged and sworn as a grand Jury of Inquest for the Body of Pike County who upon their Oath found the following indictment towit. State of Ohio Pike County Common Pleas of the Term of March in the year of our Lord one thousand eight hundred and nineteen. Pike County As(?) the Grand Jurors of the State of Ohio empannelled and sworn to inquire of crimes and offenses committed within the Body of Pike County aforesaid in the name and by the authority of the State of Ohio aforesaid upon their Oath present that Abner Pancake and Isaac Robinson late of Pike County aforesaid on the twentieth day of February in the year of our Lord one thousand eight hundred and nineteen with force and arms at the Township of Jackson in the County of Pike aforesaid and within the Jurisdiction of the Court, did unlawfully agree to Box and fight each other at fisticuffs and so being agreed did there and then unlawfully Box and fight each other at fisticuffs contrary to the Statute in such cases made and provided and against the peace and dignity of the State of Ohio. And the grand Jury aforesaid in the name and by the authority aforesaid upon their Oath aforesaid do further present That Abner Pancake late of the County aforesaid on the twelfth day of February in the year of our Lord one thousand eight hundred and nineteen with force and arms at the Township of Jackson in the County of Pike aforesaid and within the Jurisdiction of this Court, in and upon one Isaac Robinson in the public place there being, then and there did unlawfully make an assault and him the said Isaac Robinson there and then did unlawfully Strike, Beat, wound, Cut and ill treat to the great damage of said Isaac Robinson contrary to the Statute in such case made and Provided and against the peace and dignity of the State of Ohio. Samuel Seaton Prosecuting Attorney for Pike County.

Witnesses James Hays, Levi Davis, John Trenton, Elizabeth Lockhart, Richard Chenowith, John Holliday, Fanny Foster, John Pancake Junior, Lydia James, William Austin, Thomas Howard, Joseph Moore, John Combest(?), Sally Lockhart, Henry Conbest, Polly Davis.

On which Indictment is the following endorsement towit. A true Bill William Talbott foreman.

And thereupon came the prosecuting attorney on behalf of the State and the defendant in his own proper person and being forthwith demanded concerning the premises plead thereto not guilty. And on motion ordered that this suit be continued on defendant entering into recognizance the sum of two hundred and fifty dollars with own Security on like sum thereupon acknowledged to owe and be indebted unto the State of Ohio in the Sum of two hundred and fifty dollars and John Pancake his Security on the like sum to be levied upon their several and respective goods chattels lands tenemants and real estate upon condition that the said defendant appear here at such Time to answer what then and there may be Objected against him from day to day and not (illegible) without leave of said Court then this recognizance to be void. And now at this day towit at the place on the day and in the year herein written came the prosecuting attorney in behalf of the State and the defendant in his own proper person and thereupon also came a Jury towit, Joseph Boiler, John C. Wickham, Charles Dailey, Thomas Wyley, Henry Brown, Allen Barnes, Nimrod(?) Taylor, Abner Cooper, John James, James Goodin, John Barnes, and Benjamin Watkins who being duly elected tried and sworn the truth to speak upon the issue Joined, upon their Oath do say that the defendant is not guilty as in the Indictment is alleged. Therefore it is considered by the Court that the defendant be discharged.

NB: Isaac Robinson was also charged with assault and battery in connection with the same incident, in an indictment of almost identical wording (but with no reference to boxing); case recorded in the same volume as above, on p. 182; An arrest warrant was issued, and Robinson was arrested by the Sheriff on 14 Apr 1820. Robinson pleaded guilty to the charge and was fined the sum of one cent plus court costs.

Pike Co. OH Common Pleas Court, Complete Record Vol. A, pp. 189-190

June Term 1819

State of Ohio vs. Abner Pancake

Indictment for Stabbing

Pleas held at the Court house in Piketon for the County of Pike before the Honorable Ezra Osbourn Presiding Judge of the Court of Common Pleas for the eighth Circuit of the State of Ohio.Samuel Henry Enos Prather and James Reed associate judges of said Court for the County aforesaid on the twenty third day of June in the year of our Lord one thousand eight hundred and nineteen And in the year of this State the Seventeenth.

Be it remembered that at the Term of June in the year of our Lord one thousand eight hundred and nineteen William Collins, William Armstrong, Jeremiah Cooper, Lawrence James, Abraham Lawrence, Adam Butcher, Jacob Huber(?), Abraham Bennett, Reason Bartley(?), Richard Carter, Nathaniel Willis, Peter Phimby(?), William Parker, Asabel Perkins, David Daniels, were impanelled charged and sworn as a Grand Jury of Inquest In the Body of Pike County who upon this Oath found the following Indictment towit --

State of Ohio Pike County Court of Common Pleas at the Term of June in the year of our Lord one thousand eight hundred and nineteen. Pike County As(?) the grand Jurors of the State of Ohio impanelled and sworn to inquire of crimes and offences committed within the Body of Pike County aforesaid, in the name and by the authority of the State of Ohio aforesaid upon their Oath present That Abner Pancake late of the County of Pike aforesaid on the thirteenth day of February in the year of our Lord one thousand eight hundred and nineteen with force and a Arms at the Township of Jackson in the County of Pike aforesaid and within the Jurisdiction of this Court, in and upon one Isaac Robertson in the public place then and there being, then and there unlawfully did make an assault upon the Body of him the said Isaac Robertson, then and there did unlawfully voluntarily and on purpose Stab, Cut, Thrust and Penetrate with the intent to wound, maim, and kill him the said Isaac Robertson, and other wrongs to him the said Isaac Robertson and other wrongs to him the said Isaac Robertson [sic] he the said Abner Pancake did to the great damage of him the said Isaac Robertson contrary to the Statute in such cases made and provided and against the peace and dignity of the State of Ohio. -- And the Grand Jurors aforesaid do further Present that Abner Pancake aforesaid late of the County of Pike aforesaid on this thirteenth day of February in the year of our Lord one thousand eight hundred and nineteen with force and arms at Jackson Township in the County of Pike aforesaid and within the Jurisdiction of this Court in and upon one Isaac Robertson in the public place did there and then being there and then [sic] unlawfully did make an assault upon the Body of him the said Isaac Robertson with a knife or edged weapon, he the said Abner Pancake then and there did unlawfully Voluntarily and on Purpose Stab, Cut, Thrust and Penetrate and made great wounds on his the said Isaac Robertson's Back near the left-shoulder, and under his left arm and in his left side, and in his Breast, with intent to wound maim and kill him the said Isaac Robertson and other wrongs to him the same Isaac Robertson he the said Abner Pancake then and there did, to the great damage of him the said Isaac Robertson contrary to the Statute in such cases made and Provided and against the Peace and Dignity of the State of Ohio.

Samuel Seaton prosecuting attorney for Pike County

Witnesses Isaac Robertson, John Holliday, Levi Davis, William Chenowith Junior, James Hays, John Trenton -- On which Indictment is the following endorsement towit

A true Bill William Collins foreman. And was at this day to wit at the place, on the day and in the year just herein written came the Prosecuting Attorney and the defendant in his own proper person, and being forthwith demanded concerning the premises plead not guilty. Thereupon came also a Jury to wit Nathan Newsom, Abner Cooper, Samuel Taylor, John James, Henry Brown, Charles Huntington, John C. Wickham, Charles Dailey, Thomas Wyley, Adam Barnes, Joseph Boiler and James Goodin who in as duly elected such and sworn the truth to Speak upon the issue Joined Upon their Oath do say "We the Jury find the defendant not guilty." Therefore it is considered by the Court that he be discharged.

NB: this appears to be an additional charge associated with the same incident described in the previous indictment, above. Most but not all of the jurors were the same men in both cases.

Transcribed by David L. Boucher, 19 May 1999

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