COURT NOTES:
Found in Versailles, Ripley County, Indiana
Papers stating:
1) August term 1841
The State vs Fountain Kelley
Received of Fountain Kelley Twelve dollars and fifty cents
My fees in the above case
Feb 28 1848
Tilford Dickinson
2) State of Indiana Ripley County
Ripley Circuit Court August Term 1841
State of Indiana vs Fountain Kelly
Assault and battery with intent to kill.
The clerk will issue a subpeona for the following witnesses for Defendant two wit: Jacob Burns, Wm Anderson, William Brown, James Raney, Washington Raney, .....Read, William Worman, James Louis & wife.
J.W. Robinson, ....
3) State of Indiana vs Fountain Kelly
Subpoena - Moses Kelly, Jacob C. Burns, James Raney, William Worman, JW Connelly, Tilford A. Dickinson, Hiram A. Smith, John W. Smith, John Hunter & Conrad Overturf in behalf of Deft.
4) James Lindsley Oath Against Fountain Kelly
State of Indiana Ripley County
Before me Benjamin Hargrove a Justice of the Peace of the County aforesaid personally came James Lindsey of the County of Ripley aforesaid who being by me duly sworn deposith and sayeth that on the 1st day of August AD 1841 at the County aforesaid Fountain Kelly late of said County did then and there commit an Assault and battery with intent to commit a murder on the body of him the said James Lindsey. And that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and ... in his hand then & there stab and cut him the said James Lindsey in his chest and bowels with the intent to kill and murder him the said James Lindsey.
Sworn to before me this 1st day of August 1841
Benjamin Hargrove (Seal)
Justice of the Peace
5) States Warrant
State of Indiana Ripley County
To Any Constable of Said County Greeting whereas complaint has been made before me Benjamin Hargrove a Justice of the Peace of said Aforesaid on the Oath of James Lindsey that on the first Day of August AD 1841 at the County Aforesaid Fountain Kelly Late of said County did then and there commit an Assault and battery with Intent to commit a murder on the body of him the said James Lindsey and that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch - strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and held in his hand then & there stab & cut him the said James Lindsey in his chest and Bowels with the intent to Kill and murder him the said James Lindsey you are therefore hereby Commanded to take - Fountain Kelly and him forthwith bring before me or some other Justice of the Peace of said County to Answer to said - complaint and be further dealt with
According to Law given under my hand and seal this 1 day of August AD 1841
Benjamin Hargrove (Seal)
a Justice of the Peace
6) State of Indiana Jefferson County
.... personally came before me Hiram Harris a Justice of the peace in aforesaid county .... Johnson and after being duly sworn says that the above ... warrant was issued in the county of Ripley and State aforesaid by Benjamin Hargrove a Justice of the peace said .. names ... that of said Fountain Kelly .. served in said warrant you are hereby commanded to take said Fountain Kelly and him ... back to said county of Ripley given under my hand and seal this 4 day of August 1841.
Hiram Harris (Seal)
A Justice of the Peace
7) State of Indiana Ripley______ To any constable of Johnson Township greeting you are hereby commanded to subpoena Moses Kelly, Jacob C. Burns, James Rancy, William Worman, James Connelly, Tilford Dickinson, Hiram A Smith, James ..., John W. Smith, John Hunter & Conrad Overturf to be and appear before me James A. Stagg a justice of the peace for said Township at the Court house in the Town of Versailles on the 5th day of August 1841 at the hour of 10-o'clock AM the truth to say in a case. Wherein the state of Indiana is plaintiff and Fountain Kelly is defendant in behalf of the Deft and this they will in nowise omit under the penalty of the law - and of this make legal service and due return given under my hand and seal this 4th day of August 1841.
James A. Stagg, Justice of the Peace
8) State of Indiana Ripley County
To Any Constable of Johnson Township Greeting summons James Lindsey, John Linsey, William Brown, William Anderson, Jeremiah D. Sk.., William, Lindsey, Hiram Smith, William Warman, Dewitt Smith, James Raney, Hiram Barwell, Jackson Raney, Ephiram Raney, David Brant to Appear before one James D. Stagg a Justice of the Peace of said township at my office therein In ...... to testify in a suit wherein the state of Indiana is Plaintiff and Fountain Kelly Defendant and this they shall not omit under the Penalties Prescribed by Law and of this writ make due service and Return given under my hand and seal this 4 day of August AD 1841.
James D. Stagg (Seal)
Justice of the Peace
9) Summons - John Lindsey, William Lindsey, William Warman, Hiram Smith, Dewitt Smith, James Raney, Jackson Raney, Ephriam Raney, James Lindsey, William Brown, William Anderson, Jeremiah D. S..., David Brant, Hiram Barwell. 4 Aug 1841
10) Paper very hard to read:
Now comes the constable with the ... the same being called proceeded to hear the evidence in the matter it is considered by the court that the defendant Fountain Kelly is guilty of said charge in affidavit and he be committed to and in the jail of said county for further investigation and be dealt with according to law - given under my hand and seal this fifth day of August 1841
James A. Stagg (Seal)
A justice of the peace
11) Various papers requesting persons appear for defendant, Fountain Kelly:
A) 24 Aug 1841 - Jacob Burns, Wm. Anderson, Wm. Brown, James Raney,
Washington Raney, Joseph Read, Wm. Worman, James ....., Susanah Lindsey, Wm. ... & wife, Hiram Smith.
B) 30 Aug 1841 - ... R. L. Beall
C) 30 Aug 1841 - Ephriam Raney, John Worman, Jacob Raney, ......., John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin Pullan, Hiram Boswell, Daniel Conley, William Lindsay, William Worman, Jackson Raney.
D) 30 Aug 1841 - James Raney, Ephriam Raney, Thomas Cavin Jr., Hiram Smith, D.C. Smith, Joseph L. Morris, John Worman, Lelah Bodoin, Jacob Raney, Mitchel Rea, Thomas Tucker.
E) 31 Aug 1841 - Micha Kelly
F) 31 Aug 1841 - Jeremiah Luesom
12) The State of Indiana Ripley County
Ripley Circuit Court August term in the year of our Lord one thousand eight hundred and forty one The Grand Jurors for the State of Indiana empaneled and sworn and charged to enquire for the State of Indiana within and for the body of the county of Ripley aforesaid upon their oath present
That Fountain Kelly late of said county laborer on the first day of August in the year of our Lord one thousand eight hundred and forty one in the county of Ripley aforesaid with force and arms in and upon one James Lindsay felonously willfully and of his malice aforethought did make an assault and that the said Fountain Kelly with a certain Knife which he the said Fountain Kelly in his right hand then and there had and held the said James Lindsay in and upon the left side of his belly of him the said James Lindsay then and there feloniously willfully and of his malice aforethought did strike and thrust giving to the said, James Lindsay then and there with the knife aforesaid in and upon the aforesaid left side of him the said James Lindsay one mortal wound of the breadth of two inches and of the depth of six inches of which said mortal wound the said James Lindsay on and from the said first day of August in the year aforesaid until the tenth day of
August in the year aforesaid in the county aforesaid did suffer and languish and languishing did live, on which said tenth day of August in the year aforesaid in the county of Ripley aforesaid he the said James Lindsay of the mortal wound aforesaid died. And so the Jurors aforesaid upon their oath aforesaid do say that the said Fountain Kelly him the said James Lindsay in the manner and by the means aforesaid feloniously willfully and of his malice aforethought did kill and murder. Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Indiana.
John Dumont
Prosecuting Attorney
13) James ... says
We the Jury being summoned and empaneled up an inquest being held upon the body of James Lindsay at the House of John Lindsay in Ripley County Indiana held on the 10th day of August 1841 do certify from the best evidence me can get an upon our own examination of the body we believe that James Lindsay came to his death by the Stabb of either a Knife or ... inflicted upon him (James Lindsay) by the Hands of Fountain Kelly of the County & State aforesaid.
Signed and sealed by the Jurors and ... by me
JaS. Early
James D. Stagg, Foreman
H.W. ......
Robert Ken..
B. M....
Luther Shook
H. Shook Jr.
Hiram Radley
Joseph Youde
Hiram Muir
George French
John Dickinson
George Thomas
14) State vs Fountain Kelly
Murder
A true Bill
John G. Jackson, Foreman of the Grand Jury
Aug term 1841
Witnesses: John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin J. Pullum, Hiran Bossell, David Connelly, William Lindsay, William Warman, Jackson Raney, James Raney, Ephraim Raney, Thomas Curran, Jr., Hiram J. Smith, D.C. Smith, Joseph L. Muir, John Warman, Lel.. Bodois, Jaboc Raney, Mitchell Ray.
15) Ripley County August 10th 1841
Question First - John Lindsay Says that he first saw Fountain Kelley coming down the creek & there James Lindsay went down in to his fathers pasture and the first thing John Lind saw of James Lindsay he was coming home and further Jams Lindsay was holding his bowels in his hands and then John Lindsay brought him up to his (John Lindsays House). James Lindsay also told John Lindsay that Fountain Kelley had stabbed him. James Lindsay also said that it was no use to send for a physician and the deed was done on the first day of August 1841. John Lindsay thinks he died of the wound received from Fountain Kelly.
John Lindsay
Jams Stagg says that Fountain told him that he (Kelley) had stabbed James Lindsay and that Kelly also said that he (Kelley) thought he was not stabbed L. deep as it really was. Kelly told Stagg the above on the 4th day of August 1841.
J.D. Stagg
Benjamin M. Pullam says that Fountain told him on 6th day of August 1841 that He Kelly Stabbed James Lindsay but he did not think it was so bad cut as it was. Kelly further said it was done in John Lindays Pasture.
B.M. Pullam
Jeremiah D. Skeen says that Kelly told him when they were coming from Madison that He Kelly was going through Lindsay's pasture, and that He Kelly stabbed him with a knife and after Kelly had done the deed that he started off immediately. [A line was blacked out and it states: 'and that James Lindsay then... and struck Kelly on the right shoulder'].
J.D. Skeen
Hiram Bossell says that Fountain Kelly told his parents going home that if ever James Lindsay laid his hands upon him he F. Kelly would cut his guts out and H. Bossell says that his conversation happened about the last of June 1841.
Hiram Bossell
16) State Vs Fountain Kelley
Manslaugher
August term 1842
17) August 30, 1842
Fountain Kelly, who was convicted of the crime of manslaughter, and fined in the sum of Eighty four dollars & sentenced to four years imprisonment at hard labor in the State prison, by the Circuit Court of Ripley County, at its August Term AD 1841, is this day pardoned and released from confinement, and the fine remitted. $84.00
State of Indiana
I John H. Thompson, Secretary of State, certify that the above is an entire and true copy of the pardon and remission of the above named Fountain Kelly, taken from the original record thereof, as the same remains in my office.
In testimony Whereof, I have hereunto set my hand, and affixed the seal of State, at Indianapolis, the 22nd, day of February, A.D. 1848.
Jno. H. Thompson, Sec. of State.
18) The State of Indiana, Ripley County, Sct, Ripley Circuit Court
The State of Indiana to the Sheriff of said County, Greeting
Whereas the state of Indiana lately in our said Ripley Circuit Court to-wit at the August term of said court in the year 1841 and on Tuesday the 31st day of being the 8th, Judicial day of said term by the Judgment of the same court recovered against Fountain Kelley a certain Fine of Eighty eight dollars on an Indictment of Murder as also a large sum to wit Thirty six dollars and Seventy one & 1/2 cents for costs and charges of prosecution ... her the said State of Indiana about her suit in that behalf ... whereof the said Fountain Kelly is convicted as by the record and proceedings thereof still remaining in our said court manifestly appears.
And now on behalf of the said State of Indiana we are informed that although judgment be thereupon given yet execution of the fine and costs aforesaid still remains to be made and that the said judgment remains entirely unpaid and in full force. Whereupon said State of Indiana by her attorney has besought to provide her a remedy in this behalf.
You are therefore in the name of the State of Indiana commanded that you make known to the said Fountain Kelley that he be and appear before the judges of the Ripley Circuit Court on the first day of their term to be holden in the court house in Versailles in said county on the 4th Monday in February 1848 to shew cause if any he have or can why the said State of Indiana should not have execution against him of the Fine and cost aforesaid according to the force form and effect of the said recovery against him the said Fountain Kelley, and further to do and receive what our said court shall consider of him in this behalf and have you then and there this with.
Witness Jno. S.S. Hunter, Clerk of our said court and the seal thereof hereunto affixed this 9 day of February A.D. 1848
Jno. S. S. Hunter, Clk.
19) No 39. State vs Fountain Kelley
Murder
February term 1848
February 11th, 1848
In obedience to the command of the within writ I have made known to the defendant Fountain Kelley the contents of the within by reading the same to said Kelley this the 12 day of February 1848.
Joseph Wingate
Sheriff
20) Promisory Note found at Versailles, Ripley Co., IN
$125 One day After date, I promise to pay Moses Kelley the sum of one hundred and twenty five dollars and -- cents, for value received, without any relief whatever from Valuation or appraisement laws.
Given under my hand and seal, this 8 day of April 1852
Signed: Fountain Kelley
State of Indiana Ripley County
In the Court of Common Pleas
Oct Term 1855
Jesse L. Holman Administrator of the Estate of James Muir deceased complains of Fountain Kelly and says that the defendant on the 8th day of April 1852 by his note a copy of which is filed herewith promises to pay Moses Kelly one hundred and Twenty five dollars without any relief from resolution or appraisment laws who assigned said note to James Muir deceased which note remains unpaid and is now in the possession of the plaintiff who is the legally appointed administrator of the Estate of the said James Muir deceased. Wherefore the plaintiff demands a judgment of Two hundred dollars & other relief.
Jess L. Holman
by Isaiah W ....., his atty.
Summons issued 1 Oct 1855
Jesse L. Holman Adms against Fountain Kelley
Civil Action
Comes Fountain Kelley and for answers herein says, That the note mentioned and described in said plaintiffs complaint herein is not the note on ..... of him said Fountain Kelley, and that he ... made executed or signed the same.
Fountain Kelley
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PITTSBURG UNIVERSITY PAPERS:
1840/41: Andrew Allen Veatch claims that Fountain F. Kelley killed a neighborhood boy and was sent to the penitentary.
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Documentation from Pittsburg State Univ. on this family. It reported that "Wayland's uncles on his mother's side were sneaking cowards. There were three of them...Moses, Robert and Fountain Kelley. All three were thieves and murderers. Fountain Kelley before he was 21 killed a neighbor boy and was sent to the penitentiary. Moses and Robert were hanged at Hawesville, KY Oct 28, 1853 for the wholesale murder of the crew of a flat-boat known as "Eliza" on the Ohio River on the night of Oct. 22, 1852...Andrew Allen Veatch, 'Criminal Records of the Wayland,' 'The Remonstrator' 1.6 (July 1, 1913(: 3. The 'Confession of Moses Kelley' was published in book form by D.L. Adair (i.e. Adams)" Moses was 28 and Robert was 18 when hung, and admitted murders. Micha was reported to have set a house on fire in Ripley County...may have been accidental or deliberate.
Found in Versailles, Ripley County, Indiana
Papers stating:
1) August term 1841
The State vs Fountain Kelley
Received of Fountain Kelley Twelve dollars and fifty cents
My fees in the above case
Feb 28 1848
Tilford Dickinson
2) State of Indiana Ripley County
Ripley Circuit Court August Term 1841
State of Indiana vs Fountain Kelly
Assault and battery with intent to kill.
The clerk will issue a subpeona for the following witnesses for Defendant two wit: Jacob Burns, Wm Anderson, William Brown, James Raney, Washington Raney, .....Read, William Worman, James Louis & wife.
J.W. Robinson, ....
3) State of Indiana vs Fountain Kelly
Subpoena - Moses Kelly, Jacob C. Burns, James Raney, William Worman, JW Connelly, Tilford A. Dickinson, Hiram A. Smith, John W. Smith, John Hunter & Conrad Overturf in behalf of Deft.
4) James Lindsley Oath Against Fountain Kelly
State of Indiana Ripley County
Before me Benjamin Hargrove a Justice of the Peace of the County aforesaid personally came James Lindsey of the County of Ripley aforesaid who being by me duly sworn deposith and sayeth that on the 1st day of August AD 1841 at the County aforesaid Fountain Kelly late of said County did then and there commit an Assault and battery with intent to commit a murder on the body of him the said James Lindsey. And that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and ... in his hand then & there stab and cut him the said James Lindsey in his chest and bowels with the intent to kill and murder him the said James Lindsey.
Sworn to before me this 1st day of August 1841
Benjamin Hargrove (Seal)
Justice of the Peace
5) States Warrant
State of Indiana Ripley County
To Any Constable of Said County Greeting whereas complaint has been made before me Benjamin Hargrove a Justice of the Peace of said Aforesaid on the Oath of James Lindsey that on the first Day of August AD 1841 at the County Aforesaid Fountain Kelly Late of said County did then and there commit an Assault and battery with Intent to commit a murder on the body of him the said James Lindsey and that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch - strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and held in his hand then & there stab & cut him the said James Lindsey in his chest and Bowels with the intent to Kill and murder him the said James Lindsey you are therefore hereby Commanded to take - Fountain Kelly and him forthwith bring before me or some other Justice of the Peace of said County to Answer to said - complaint and be further dealt with
According to Law given under my hand and seal this 1 day of August AD 1841
Benjamin Hargrove (Seal)
a Justice of the Peace
6) State of Indiana Jefferson County
.... personally came before me Hiram Harris a Justice of the peace in aforesaid county .... Johnson and after being duly sworn says that the above ... warrant was issued in the county of Ripley and State aforesaid by Benjamin Hargrove a Justice of the peace said .. names ... that of said Fountain Kelly .. served in said warrant you are hereby commanded to take said Fountain Kelly and him ... back to said county of Ripley given under my hand and seal this 4 day of August 1841.
Hiram Harris (Seal)
A Justice of the Peace
7) State of Indiana Ripley______ To any constable of Johnson Township greeting you are hereby commanded to subpoena Moses Kelly, Jacob C. Burns, James Rancy, William Worman, James Connelly, Tilford Dickinson, Hiram A Smith, James ..., John W. Smith, John Hunter & Conrad Overturf to be and appear before me James A. Stagg a justice of the peace for said Township at the Court house in the Town of Versailles on the 5th day of August 1841 at the hour of 10-o'clock AM the truth to say in a case. Wherein the state of Indiana is plaintiff and Fountain Kelly is defendant in behalf of the Deft and this they will in nowise omit under the penalty of the law - and of this make legal service and due return given under my hand and seal this 4th day of August 1841.
James A. Stagg, Justice of the Peace
8) State of Indiana Ripley County
To Any Constable of Johnson Township Greeting summons James Lindsey, John Linsey, William Brown, William Anderson, Jeremiah D. Sk.., William, Lindsey, Hiram Smith, William Warman, Dewitt Smith, James Raney, Hiram Barwell, Jackson Raney, Ephiram Raney, David Brant to Appear before one James D. Stagg a Justice of the Peace of said township at my office therein In ...... to testify in a suit wherein the state of Indiana is Plaintiff and Fountain Kelly Defendant and this they shall not omit under the Penalties Prescribed by Law and of this writ make due service and Return given under my hand and seal this 4 day of August AD 1841.
James D. Stagg (Seal)
Justice of the Peace
9) Summons - John Lindsey, William Lindsey, William Warman, Hiram Smith, Dewitt Smith, James Raney, Jackson Raney, Ephriam Raney, James Lindsey, William Brown, William Anderson, Jeremiah D. S..., David Brant, Hiram Barwell. 4 Aug 1841
10) Paper very hard to read:
Now comes the constable with the ... the same being called proceeded to hear the evidence in the matter it is considered by the court that the defendant Fountain Kelly is guilty of said charge in affidavit and he be committed to and in the jail of said county for further investigation and be dealt with according to law - given under my hand and seal this fifth day of August 1841
James A. Stagg (Seal)
A justice of the peace
11) Various papers requesting persons appear for defendant, Fountain Kelly:
A) 24 Aug 1841 - Jacob Burns, Wm. Anderson, Wm. Brown, James Raney,
Washington Raney, Joseph Read, Wm. Worman, James ....., Susanah Lindsey, Wm. ... & wife, Hiram Smith.
B) 30 Aug 1841 - ... R. L. Beall
C) 30 Aug 1841 - Ephriam Raney, John Worman, Jacob Raney, ......., John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin Pullan, Hiram Boswell, Daniel Conley, William Lindsay, William Worman, Jackson Raney.
D) 30 Aug 1841 - James Raney, Ephriam Raney, Thomas Cavin Jr., Hiram Smith, D.C. Smith, Joseph L. Morris, John Worman, Lelah Bodoin, Jacob Raney, Mitchel Rea, Thomas Tucker.
E) 31 Aug 1841 - Micha Kelly
F) 31 Aug 1841 - Jeremiah Luesom
12) The State of Indiana Ripley County
Ripley Circuit Court August term in the year of our Lord one thousand eight hundred and forty one The Grand Jurors for the State of Indiana empaneled and sworn and charged to enquire for the State of Indiana within and for the body of the county of Ripley aforesaid upon their oath present
That Fountain Kelly late of said county laborer on the first day of August in the year of our Lord one thousand eight hundred and forty one in the county of Ripley aforesaid with force and arms in and upon one James Lindsay felonously willfully and of his malice aforethought did make an assault and that the said Fountain Kelly with a certain Knife which he the said Fountain Kelly in his right hand then and there had and held the said James Lindsay in and upon the left side of his belly of him the said James Lindsay then and there feloniously willfully and of his malice aforethought did strike and thrust giving to the said, James Lindsay then and there with the knife aforesaid in and upon the aforesaid left side of him the said James Lindsay one mortal wound of the breadth of two inches and of the depth of six inches of which said mortal wound the said James Lindsay on and from the said first day of August in the year aforesaid until the tenth day of
August in the year aforesaid in the county aforesaid did suffer and languish and languishing did live, on which said tenth day of August in the year aforesaid in the county of Ripley aforesaid he the said James Lindsay of the mortal wound aforesaid died. And so the Jurors aforesaid upon their oath aforesaid do say that the said Fountain Kelly him the said James Lindsay in the manner and by the means aforesaid feloniously willfully and of his malice aforethought did kill and murder. Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Indiana.
John Dumont
Prosecuting Attorney
13) James ... says
We the Jury being summoned and empaneled up an inquest being held upon the body of James Lindsay at the House of John Lindsay in Ripley County Indiana held on the 10th day of August 1841 do certify from the best evidence me can get an upon our own examination of the body we believe that James Lindsay came to his death by the Stabb of either a Knife or ... inflicted upon him (James Lindsay) by the Hands of Fountain Kelly of the County & State aforesaid.
Signed and sealed by the Jurors and ... by me
JaS. Early
James D. Stagg, Foreman
H.W. ......
Robert Ken..
B. M....
Luther Shook
H. Shook Jr.
Hiram Radley
Joseph Youde
Hiram Muir
George French
John Dickinson
George Thomas
14) State vs Fountain Kelly
Murder
A true Bill
John G. Jackson, Foreman of the Grand Jury
Aug term 1841
Witnesses: John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin J. Pullum, Hiran Bossell, David Connelly, William Lindsay, William Warman, Jackson Raney, James Raney, Ephraim Raney, Thomas Curran, Jr., Hiram J. Smith, D.C. Smith, Joseph L. Muir, John Warman, Lel.. Bodois, Jaboc Raney, Mitchell Ray.
15) Ripley County August 10th 1841
Question First - John Lindsay Says that he first saw Fountain Kelley coming down the creek & there James Lindsay went down in to his fathers pasture and the first thing John Lind saw of James Lindsay he was coming home and further Jams Lindsay was holding his bowels in his hands and then John Lindsay brought him up to his (John Lindsays House). James Lindsay also told John Lindsay that Fountain Kelley had stabbed him. James Lindsay also said that it was no use to send for a physician and the deed was done on the first day of August 1841. John Lindsay thinks he died of the wound received from Fountain Kelly.
John Lindsay
Jams Stagg says that Fountain told him that he (Kelley) had stabbed James Lindsay and that Kelly also said that he (Kelley) thought he was not stabbed L. deep as it really was. Kelly told Stagg the above on the 4th day of August 1841.
J.D. Stagg
Benjamin M. Pullam says that Fountain told him on 6th day of August 1841 that He Kelly Stabbed James Lindsay but he did not think it was so bad cut as it was. Kelly further said it was done in John Lindays Pasture.
B.M. Pullam
Jeremiah D. Skeen says that Kelly told him when they were coming from Madison that He Kelly was going through Lindsay's pasture, and that He Kelly stabbed him with a knife and after Kelly had done the deed that he started off immediately. [A line was blacked out and it states: 'and that James Lindsay then... and struck Kelly on the right shoulder'].
J.D. Skeen
Hiram Bossell says that Fountain Kelly told his parents going home that if ever James Lindsay laid his hands upon him he F. Kelly would cut his guts out and H. Bossell says that his conversation happened about the last of June 1841.
Hiram Bossell
16) State Vs Fountain Kelley
Manslaugher
August term 1842
17) August 30, 1842
Fountain Kelly, who was convicted of the crime of manslaughter, and fined in the sum of Eighty four dollars & sentenced to four years imprisonment at hard labor in the State prison, by the Circuit Court of Ripley County, at its August Term AD 1841, is this day pardoned and released from confinement, and the fine remitted. $84.00
State of Indiana
I John H. Thompson, Secretary of State, certify that the above is an entire and true copy of the pardon and remission of the above named Fountain Kelly, taken from the original record thereof, as the same remains in my office.
In testimony Whereof, I have hereunto set my hand, and affixed the seal of State, at Indianapolis, the 22nd, day of February, A.D. 1848.
Jno. H. Thompson, Sec. of State.
18) The State of Indiana, Ripley County, Sct, Ripley Circuit Court
The State of Indiana to the Sheriff of said County, Greeting
Whereas the state of Indiana lately in our said Ripley Circuit Court to-wit at the August term of said court in the year 1841 and on Tuesday the 31st day of being the 8th, Judicial day of said term by the Judgment of the same court recovered against Fountain Kelley a certain Fine of Eighty eight dollars on an Indictment of Murder as also a large sum to wit Thirty six dollars and Seventy one & 1/2 cents for costs and charges of prosecution ... her the said State of Indiana about her suit in that behalf ... whereof the said Fountain Kelly is convicted as by the record and proceedings thereof still remaining in our said court manifestly appears.
And now on behalf of the said State of Indiana we are informed that although judgment be thereupon given yet execution of the fine and costs aforesaid still remains to be made and that the said judgment remains entirely unpaid and in full force. Whereupon said State of Indiana by her attorney has besought to provide her a remedy in this behalf.
You are therefore in the name of the State of Indiana commanded that you make known to the said Fountain Kelley that he be and appear before the judges of the Ripley Circuit Court on the first day of their term to be holden in the court house in Versailles in said county on the 4th Monday in February 1848 to shew cause if any he have or can why the said State of Indiana should not have execution against him of the Fine and cost aforesaid according to the force form and effect of the said recovery against him the said Fountain Kelley, and further to do and receive what our said court shall consider of him in this behalf and have you then and there this with.
Witness Jno. S.S. Hunter, Clerk of our said court and the seal thereof hereunto affixed this 9 day of February A.D. 1848
Jno. S. S. Hunter, Clk.
19) No 39. State vs Fountain Kelley
Murder
February term 1848
February 11th, 1848
In obedience to the command of the within writ I have made known to the defendant Fountain Kelley the contents of the within by reading the same to said Kelley this the 12 day of February 1848.
Joseph Wingate
Sheriff
20) Promisory Note found at Versailles, Ripley Co., IN
$125 One day After date, I promise to pay Moses Kelley the sum of one hundred and twenty five dollars and -- cents, for value received, without any relief whatever from Valuation or appraisement laws.
Given under my hand and seal, this 8 day of April 1852
Signed: Fountain Kelley
State of Indiana Ripley County
In the Court of Common Pleas
Oct Term 1855
Jesse L. Holman Administrator of the Estate of James Muir deceased complains of Fountain Kelly and says that the defendant on the 8th day of April 1852 by his note a copy of which is filed herewith promises to pay Moses Kelly one hundred and Twenty five dollars without any relief from resolution or appraisment laws who assigned said note to James Muir deceased which note remains unpaid and is now in the possession of the plaintiff who is the legally appointed administrator of the Estate of the said James Muir deceased. Wherefore the plaintiff demands a judgment of Two hundred dollars & other relief.
Jess L. Holman
by Isaiah W ....., his atty.
Summons issued 1 Oct 1855
Jesse L. Holman Adms against Fountain Kelley
Civil Action
Comes Fountain Kelley and for answers herein says, That the note mentioned and described in said plaintiffs complaint herein is not the note on ..... of him said Fountain Kelley, and that he ... made executed or signed the same.
Fountain Kelley
----------
PITTSBURG UNIVERSITY PAPERS:
1840/41: Andrew Allen Veatch claims that Fountain F. Kelley killed a neighborhood boy and was sent to the penitentary.
----------
Documentation from Pittsburg State Univ. on this family. It reported that "Wayland's uncles on his mother's side were sneaking cowards. There were three of them...Moses, Robert and Fountain Kelley. All three were thieves and murderers. Fountain Kelley before he was 21 killed a neighbor boy and was sent to the penitentiary. Moses and Robert were hanged at Hawesville, KY Oct 28, 1853 for the wholesale murder of the crew of a flat-boat known as "Eliza" on the Ohio River on the night of Oct. 22, 1852...Andrew Allen Veatch, 'Criminal Records of the Wayland,' 'The Remonstrator' 1.6 (July 1, 1913(: 3. The 'Confession of Moses Kelley' was published in book form by D.L. Adair (i.e. Adams)" Moses was 28 and Robert was 18 when hung, and admitted murders. Micha was reported to have set a house on fire in Ripley County...may have been accidental or deliberate.
COURT NOTES:
Found in Versailles, Ripley County, Indiana
Papers stating:
1) August term 1841
The State vs Fountain Kelley
Received of Fountain Kelley Twelve dollars and fifty cents
My fees in the above case
Feb 28 1848
Tilford Dickinson
2) State of Indiana Ripley County
Ripley Circuit Court August Term 1841
State of Indiana vs Fountain Kelly
Assault and battery with intent to kill.
The clerk will issue a subpeona for the following witnesses for Defendant two wit: Jacob Burns, Wm Anderson, William Brown, James Raney, Washington Raney, .....Read, William Worman, James Louis & wife.
J.W. Robinson, ....
3) State of Indiana vs Fountain Kelly
Subpoena - Moses Kelly, Jacob C. Burns, James Raney, William Worman, JW Connelly, Tilford A. Dickinson, Hiram A. Smith, John W. Smith, John Hunter & Conrad Overturf in behalf of Deft.
4) James Lindsley Oath Against Fountain Kelly
State of Indiana Ripley County
Before me Benjamin Hargrove a Justice of the Peace of the County aforesaid personally came James Lindsey of the County of Ripley aforesaid who being by me duly sworn deposith and sayeth that on the 1st day of August AD 1841 at the County aforesaid Fountain Kelly late of said County did then and there commit an Assault and battery with intent to commit a murder on the body of him the said James Lindsey. And that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and ... in his hand then & there stab and cut him the said James Lindsey in his chest and bowels with the intent to kill and murder him the said James Lindsey.
Sworn to before me this 1st day of August 1841
Benjamin Hargrove (Seal)
Justice of the Peace
5) States Warrant
State of Indiana Ripley County
To Any Constable of Said County Greeting whereas complaint has been made before me Benjamin Hargrove a Justice of the Peace of said Aforesaid on the Oath of James Lindsey that on the first Day of August AD 1841 at the County Aforesaid Fountain Kelly Late of said County did then and there commit an Assault and battery with Intent to commit a murder on the body of him the said James Lindsey and that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch - strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and held in his hand then & there stab & cut him the said James Lindsey in his chest and Bowels with the intent to Kill and murder him the said James Lindsey you are therefore hereby Commanded to take - Fountain Kelly and him forthwith bring before me or some other Justice of the Peace of said County to Answer to said - complaint and be further dealt with
According to Law given under my hand and seal this 1 day of August AD 1841
Benjamin Hargrove (Seal)
a Justice of the Peace
6) State of Indiana Jefferson County
.... personally came before me Hiram Harris a Justice of the peace in aforesaid county .... Johnson and after being duly sworn says that the above ... warrant was issued in the county of Ripley and State aforesaid by Benjamin Hargrove a Justice of the peace said .. names ... that of said Fountain Kelly .. served in said warrant you are hereby commanded to take said Fountain Kelly and him ... back to said county of Ripley given under my hand and seal this 4 day of August 1841.
Hiram Harris (Seal)
A Justice of the Peace
7) State of Indiana Ripley______ To any constable of Johnson Township greeting you are hereby commanded to subpoena Moses Kelly, Jacob C. Burns, James Rancy, William Worman, James Connelly, Tilford Dickinson, Hiram A Smith, James ..., John W. Smith, John Hunter & Conrad Overturf to be and appear before me James A. Stagg a justice of the peace for said Township at the Court house in the Town of Versailles on the 5th day of August 1841 at the hour of 10-o'clock AM the truth to say in a case. Wherein the state of Indiana is plaintiff and Fountain Kelly is defendant in behalf of the Deft and this they will in nowise omit under the penalty of the law - and of this make legal service and due return given under my hand and seal this 4th day of August 1841.
James A. Stagg, Justice of the Peace
8) State of Indiana Ripley County
To Any Constable of Johnson Township Greeting summons James Lindsey, John Linsey, William Brown, William Anderson, Jeremiah D. Sk.., William, Lindsey, Hiram Smith, William Warman, Dewitt Smith, James Raney, Hiram Barwell, Jackson Raney, Ephiram Raney, David Brant to Appear before one James D. Stagg a Justice of the Peace of said township at my office therein In ...... to testify in a suit wherein the state of Indiana is Plaintiff and Fountain Kelly Defendant and this they shall not omit under the Penalties Prescribed by Law and of this writ make due service and Return given under my hand and seal this 4 day of August AD 1841.
James D. Stagg (Seal)
Justice of the Peace
9) Summons - John Lindsey, William Lindsey, William Warman, Hiram Smith, Dewitt Smith, James Raney, Jackson Raney, Ephriam Raney, James Lindsey, William Brown, William Anderson, Jeremiah D. S..., David Brant, Hiram Barwell. 4 Aug 1841
10) Paper very hard to read:
Now comes the constable with the ... the same being called proceeded to hear the evidence in the matter it is considered by the court that the defendant Fountain Kelly is guilty of said charge in affidavit and he be committed to and in the jail of said county for further investigation and be dealt with according to law - given under my hand and seal this fifth day of August 1841
James A. Stagg (Seal)
A justice of the peace
11) Various papers requesting persons appear for defendant, Fountain Kelly:
A) 24 Aug 1841 - Jacob Burns, Wm. Anderson, Wm. Brown, James Raney,
Washington Raney, Joseph Read, Wm. Worman, James ....., Susanah Lindsey, Wm. ... & wife, Hiram Smith.
B) 30 Aug 1841 - ... R. L. Beall
C) 30 Aug 1841 - Ephriam Raney, John Worman, Jacob Raney, ......., John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin Pullan, Hiram Boswell, Daniel Conley, William Lindsay, William Worman, Jackson Raney.
D) 30 Aug 1841 - James Raney, Ephriam Raney, Thomas Cavin Jr., Hiram Smith, D.C. Smith, Joseph L. Morris, John Worman, Lelah Bodoin, Jacob Raney, Mitchel Rea, Thomas Tucker.
E) 31 Aug 1841 - Micha Kelly
F) 31 Aug 1841 - Jeremiah Luesom
12) The State of Indiana Ripley County
Ripley Circuit Court August term in the year of our Lord one thousand eight hundred and forty one The Grand Jurors for the State of Indiana empaneled and sworn and charged to enquire for the State of Indiana within and for the body of the county of Ripley aforesaid upon their oath present
That Fountain Kelly late of said county laborer on the first day of August in the year of our Lord one thousand eight hundred and forty one in the county of Ripley aforesaid with force and arms in and upon one James Lindsay felonously willfully and of his malice aforethought did make an assault and that the said Fountain Kelly with a certain Knife which he the said Fountain Kelly in his right hand then and there had and held the said James Lindsay in and upon the left side of his belly of him the said James Lindsay then and there feloniously willfully and of his malice aforethought did strike and thrust giving to the said, James Lindsay then and there with the knife aforesaid in and upon the aforesaid left side of him the said James Lindsay one mortal wound of the breadth of two inches and of the depth of six inches of which said mortal wound the said James Lindsay on and from the said first day of August in the year aforesaid until the tenth day of
August in the year aforesaid in the county aforesaid did suffer and languish and languishing did live, on which said tenth day of August in the year aforesaid in the county of Ripley aforesaid he the said James Lindsay of the mortal wound aforesaid died. And so the Jurors aforesaid upon their oath aforesaid do say that the said Fountain Kelly him the said James Lindsay in the manner and by the means aforesaid feloniously willfully and of his malice aforethought did kill and murder. Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Indiana.
John Dumont
Prosecuting Attorney
13) James ... says
We the Jury being summoned and empaneled up an inquest being held upon the body of James Lindsay at the House of John Lindsay in Ripley County Indiana held on the 10th day of August 1841 do certify from the best evidence me can get an upon our own examination of the body we believe that James Lindsay came to his death by the Stabb of either a Knife or ... inflicted upon him (James Lindsay) by the Hands of Fountain Kelly of the County & State aforesaid.
Signed and sealed by the Jurors and ... by me
JaS. Early
James D. Stagg, Foreman
H.W. ......
Robert Ken..
B. M....
Luther Shook
H. Shook Jr.
Hiram Radley
Joseph Youde
Hiram Muir
George French
John Dickinson
George Thomas
14) State vs Fountain Kelly
Murder
A true Bill
John G. Jackson, Foreman of the Grand Jury
Aug term 1841
Witnesses: John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin J. Pullum, Hiran Bossell, David Connelly, William Lindsay, William Warman, Jackson Raney, James Raney, Ephraim Raney, Thomas Curran, Jr., Hiram J. Smith, D.C. Smith, Joseph L. Muir, John Warman, Lel.. Bodois, Jaboc Raney, Mitchell Ray.
15) Ripley County August 10th 1841
Question First - John Lindsay Says that he first saw Fountain Kelley coming down the creek & there James Lindsay went down in to his fathers pasture and the first thing John Lind saw of James Lindsay he was coming home and further Jams Lindsay was holding his bowels in his hands and then John Lindsay brought him up to his (John Lindsays House). James Lindsay also told John Lindsay that Fountain Kelley had stabbed him. James Lindsay also said that it was no use to send for a physician and the deed was done on the first day of August 1841. John Lindsay thinks he died of the wound received from Fountain Kelly.
John Lindsay
Jams Stagg says that Fountain told him that he (Kelley) had stabbed James Lindsay and that Kelly also said that he (Kelley) thought he was not stabbed L. deep as it really was. Kelly told Stagg the above on the 4th day of August 1841.
J.D. Stagg
Benjamin M. Pullam says that Fountain told him on 6th day of August 1841 that He Kelly Stabbed James Lindsay but he did not think it was so bad cut as it was. Kelly further said it was done in John Lindays Pasture.
B.M. Pullam
Jeremiah D. Skeen says that Kelly told him when they were coming from Madison that He Kelly was going through Lindsay's pasture, and that He Kelly stabbed him with a knife and after Kelly had done the deed that he started off immediately. [A line was blacked out and it states: 'and that James Lindsay then... and struck Kelly on the right shoulder'].
J.D. Skeen
Hiram Bossell says that Fountain Kelly told his parents going home that if ever James Lindsay laid his hands upon him he F. Kelly would cut his guts out and H. Bossell says that his conversation happened about the last of June 1841.
Hiram Bossell
16) State Vs Fountain Kelley
Manslaugher
August term 1842
17) August 30, 1842
Fountain Kelly, who was convicted of the crime of manslaughter, and fined in the sum of Eighty four dollars & sentenced to four years imprisonment at hard labor in the State prison, by the Circuit Court of Ripley County, at its August Term AD 1841, is this day pardoned and released from confinement, and the fine remitted. $84.00
State of Indiana
I John H. Thompson, Secretary of State, certify that the above is an entire and true copy of the pardon and remission of the above named Fountain Kelly, taken from the original record thereof, as the same remains in my office.
In testimony Whereof, I have hereunto set my hand, and affixed the seal of State, at Indianapolis, the 22nd, day of February, A.D. 1848.
Jno. H. Thompson, Sec. of State.
18) The State of Indiana, Ripley County, Sct, Ripley Circuit Court
The State of Indiana to the Sheriff of said County, Greeting
Whereas the state of Indiana lately in our said Ripley Circuit Court to-wit at the August term of said court in the year 1841 and on Tuesday the 31st day of being the 8th, Judicial day of said term by the Judgment of the same court recovered against Fountain Kelley a certain Fine of Eighty eight dollars on an Indictment of Murder as also a large sum to wit Thirty six dollars and Seventy one & 1/2 cents for costs and charges of prosecution ... her the said State of Indiana about her suit in that behalf ... whereof the said Fountain Kelly is convicted as by the record and proceedings thereof still remaining in our said court manifestly appears.
And now on behalf of the said State of Indiana we are informed that although judgment be thereupon given yet execution of the fine and costs aforesaid still remains to be made and that the said judgment remains entirely unpaid and in full force. Whereupon said State of Indiana by her attorney has besought to provide her a remedy in this behalf.
You are therefore in the name of the State of Indiana commanded that you make known to the said Fountain Kelley that he be and appear before the judges of the Ripley Circuit Court on the first day of their term to be holden in the court house in Versailles in said county on the 4th Monday in February 1848 to shew cause if any he have or can why the said State of Indiana should not have execution against him of the Fine and cost aforesaid according to the force form and effect of the said recovery against him the said Fountain Kelley, and further to do and receive what our said court shall consider of him in this behalf and have you then and there this with.
Witness Jno. S.S. Hunter, Clerk of our said court and the seal thereof hereunto affixed this 9 day of February A.D. 1848
Jno. S. S. Hunter, Clk.
19) No 39. State vs Fountain Kelley
Murder
February term 1848
February 11th, 1848
In obedience to the command of the within writ I have made known to the defendant Fountain Kelley the contents of the within by reading the same to said Kelley this the 12 day of February 1848.
Joseph Wingate
Sheriff
20) Promisory Note found at Versailles, Ripley Co., IN
$125 One day After date, I promise to pay Moses Kelley the sum of one hundred and twenty five dollars and -- cents, for value received, without any relief whatever from Valuation or appraisement laws.
Given under my hand and seal, this 8 day of April 1852
Signed: Fountain Kelley
State of Indiana Ripley County
In the Court of Common Pleas
Oct Term 1855
Jesse L. Holman Administrator of the Estate of James Muir deceased complains of Fountain Kelly and says that the defendant on the 8th day of April 1852 by his note a copy of which is filed herewith promises to pay Moses Kelly one hundred and Twenty five dollars without any relief from resolution or appraisment laws who assigned said note to James Muir deceased which note remains unpaid and is now in the possession of the plaintiff who is the legally appointed administrator of the Estate of the said James Muir deceased. Wherefore the plaintiff demands a judgment of Two hundred dollars & other relief.
Jess L. Holman
by Isaiah W ....., his atty.
Summons issued 1 Oct 1855
Jesse L. Holman Adms against Fountain Kelley
Civil Action
Comes Fountain Kelley and for answers herein says, That the note mentioned and described in said plaintiffs complaint herein is not the note on ..... of him said Fountain Kelley, and that he ... made executed or signed the same.
Fountain Kelley
----------
PITTSBURG UNIVERSITY PAPERS:
1840/41: Andrew Allen Veatch claims that Fountain F. Kelley killed a neighborhood boy and was sent to the penitentary.
----------
Documentation from Pittsburg State Univ. on this family. It reported that "Wayland's uncles on his mother's side were sneaking cowards. There were three of them...Moses, Robert and Fountain Kelley. All three were thieves and murderers. Fountain Kelley before he was 21 killed a neighbor boy and was sent to the penitentiary. Moses and Robert were hanged at Hawesville, KY Oct 28, 1853 for the wholesale murder of the crew of a flat-boat known as "Eliza" on the Ohio River on the night of Oct. 22, 1852...Andrew Allen Veatch, 'Criminal Records of the Wayland,' 'The Remonstrator' 1.6 (July 1, 1913(: 3. The 'Confession of Moses Kelley' was published in book form by D.L. Adair (i.e. Adams)" Moses was 28 and Robert was 18 when hung, and admitted murders. Micha was reported to have set a house on fire in Ripley County...may have been accidental or deliberate.
Found in Versailles, Ripley County, Indiana
Papers stating:
1) August term 1841
The State vs Fountain Kelley
Received of Fountain Kelley Twelve dollars and fifty cents
My fees in the above case
Feb 28 1848
Tilford Dickinson
2) State of Indiana Ripley County
Ripley Circuit Court August Term 1841
State of Indiana vs Fountain Kelly
Assault and battery with intent to kill.
The clerk will issue a subpeona for the following witnesses for Defendant two wit: Jacob Burns, Wm Anderson, William Brown, James Raney, Washington Raney, .....Read, William Worman, James Louis & wife.
J.W. Robinson, ....
3) State of Indiana vs Fountain Kelly
Subpoena - Moses Kelly, Jacob C. Burns, James Raney, William Worman, JW Connelly, Tilford A. Dickinson, Hiram A. Smith, John W. Smith, John Hunter & Conrad Overturf in behalf of Deft.
4) James Lindsley Oath Against Fountain Kelly
State of Indiana Ripley County
Before me Benjamin Hargrove a Justice of the Peace of the County aforesaid personally came James Lindsey of the County of Ripley aforesaid who being by me duly sworn deposith and sayeth that on the 1st day of August AD 1841 at the County aforesaid Fountain Kelly late of said County did then and there commit an Assault and battery with intent to commit a murder on the body of him the said James Lindsey. And that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and ... in his hand then & there stab and cut him the said James Lindsey in his chest and bowels with the intent to kill and murder him the said James Lindsey.
Sworn to before me this 1st day of August 1841
Benjamin Hargrove (Seal)
Justice of the Peace
5) States Warrant
State of Indiana Ripley County
To Any Constable of Said County Greeting whereas complaint has been made before me Benjamin Hargrove a Justice of the Peace of said Aforesaid on the Oath of James Lindsey that on the first Day of August AD 1841 at the County Aforesaid Fountain Kelly Late of said County did then and there commit an Assault and battery with Intent to commit a murder on the body of him the said James Lindsey and that he the said Fountain Kelly did then & there in a rude angry and insolent manner touch - strike beat and wound him the said James Lindsey and did then & there with a knife which he the said Fountain Kelly had and held in his hand then & there stab & cut him the said James Lindsey in his chest and Bowels with the intent to Kill and murder him the said James Lindsey you are therefore hereby Commanded to take - Fountain Kelly and him forthwith bring before me or some other Justice of the Peace of said County to Answer to said - complaint and be further dealt with
According to Law given under my hand and seal this 1 day of August AD 1841
Benjamin Hargrove (Seal)
a Justice of the Peace
6) State of Indiana Jefferson County
.... personally came before me Hiram Harris a Justice of the peace in aforesaid county .... Johnson and after being duly sworn says that the above ... warrant was issued in the county of Ripley and State aforesaid by Benjamin Hargrove a Justice of the peace said .. names ... that of said Fountain Kelly .. served in said warrant you are hereby commanded to take said Fountain Kelly and him ... back to said county of Ripley given under my hand and seal this 4 day of August 1841.
Hiram Harris (Seal)
A Justice of the Peace
7) State of Indiana Ripley______ To any constable of Johnson Township greeting you are hereby commanded to subpoena Moses Kelly, Jacob C. Burns, James Rancy, William Worman, James Connelly, Tilford Dickinson, Hiram A Smith, James ..., John W. Smith, John Hunter & Conrad Overturf to be and appear before me James A. Stagg a justice of the peace for said Township at the Court house in the Town of Versailles on the 5th day of August 1841 at the hour of 10-o'clock AM the truth to say in a case. Wherein the state of Indiana is plaintiff and Fountain Kelly is defendant in behalf of the Deft and this they will in nowise omit under the penalty of the law - and of this make legal service and due return given under my hand and seal this 4th day of August 1841.
James A. Stagg, Justice of the Peace
8) State of Indiana Ripley County
To Any Constable of Johnson Township Greeting summons James Lindsey, John Linsey, William Brown, William Anderson, Jeremiah D. Sk.., William, Lindsey, Hiram Smith, William Warman, Dewitt Smith, James Raney, Hiram Barwell, Jackson Raney, Ephiram Raney, David Brant to Appear before one James D. Stagg a Justice of the Peace of said township at my office therein In ...... to testify in a suit wherein the state of Indiana is Plaintiff and Fountain Kelly Defendant and this they shall not omit under the Penalties Prescribed by Law and of this writ make due service and Return given under my hand and seal this 4 day of August AD 1841.
James D. Stagg (Seal)
Justice of the Peace
9) Summons - John Lindsey, William Lindsey, William Warman, Hiram Smith, Dewitt Smith, James Raney, Jackson Raney, Ephriam Raney, James Lindsey, William Brown, William Anderson, Jeremiah D. S..., David Brant, Hiram Barwell. 4 Aug 1841
10) Paper very hard to read:
Now comes the constable with the ... the same being called proceeded to hear the evidence in the matter it is considered by the court that the defendant Fountain Kelly is guilty of said charge in affidavit and he be committed to and in the jail of said county for further investigation and be dealt with according to law - given under my hand and seal this fifth day of August 1841
James A. Stagg (Seal)
A justice of the peace
11) Various papers requesting persons appear for defendant, Fountain Kelly:
A) 24 Aug 1841 - Jacob Burns, Wm. Anderson, Wm. Brown, James Raney,
Washington Raney, Joseph Read, Wm. Worman, James ....., Susanah Lindsey, Wm. ... & wife, Hiram Smith.
B) 30 Aug 1841 - ... R. L. Beall
C) 30 Aug 1841 - Ephriam Raney, John Worman, Jacob Raney, ......., John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin Pullan, Hiram Boswell, Daniel Conley, William Lindsay, William Worman, Jackson Raney.
D) 30 Aug 1841 - James Raney, Ephriam Raney, Thomas Cavin Jr., Hiram Smith, D.C. Smith, Joseph L. Morris, John Worman, Lelah Bodoin, Jacob Raney, Mitchel Rea, Thomas Tucker.
E) 31 Aug 1841 - Micha Kelly
F) 31 Aug 1841 - Jeremiah Luesom
12) The State of Indiana Ripley County
Ripley Circuit Court August term in the year of our Lord one thousand eight hundred and forty one The Grand Jurors for the State of Indiana empaneled and sworn and charged to enquire for the State of Indiana within and for the body of the county of Ripley aforesaid upon their oath present
That Fountain Kelly late of said county laborer on the first day of August in the year of our Lord one thousand eight hundred and forty one in the county of Ripley aforesaid with force and arms in and upon one James Lindsay felonously willfully and of his malice aforethought did make an assault and that the said Fountain Kelly with a certain Knife which he the said Fountain Kelly in his right hand then and there had and held the said James Lindsay in and upon the left side of his belly of him the said James Lindsay then and there feloniously willfully and of his malice aforethought did strike and thrust giving to the said, James Lindsay then and there with the knife aforesaid in and upon the aforesaid left side of him the said James Lindsay one mortal wound of the breadth of two inches and of the depth of six inches of which said mortal wound the said James Lindsay on and from the said first day of August in the year aforesaid until the tenth day of
August in the year aforesaid in the county aforesaid did suffer and languish and languishing did live, on which said tenth day of August in the year aforesaid in the county of Ripley aforesaid he the said James Lindsay of the mortal wound aforesaid died. And so the Jurors aforesaid upon their oath aforesaid do say that the said Fountain Kelly him the said James Lindsay in the manner and by the means aforesaid feloniously willfully and of his malice aforethought did kill and murder. Contrary to the form of the Statute in such case made and provided and against the peace and dignity of the State of Indiana.
John Dumont
Prosecuting Attorney
13) James ... says
We the Jury being summoned and empaneled up an inquest being held upon the body of James Lindsay at the House of John Lindsay in Ripley County Indiana held on the 10th day of August 1841 do certify from the best evidence me can get an upon our own examination of the body we believe that James Lindsay came to his death by the Stabb of either a Knife or ... inflicted upon him (James Lindsay) by the Hands of Fountain Kelly of the County & State aforesaid.
Signed and sealed by the Jurors and ... by me
JaS. Early
James D. Stagg, Foreman
H.W. ......
Robert Ken..
B. M....
Luther Shook
H. Shook Jr.
Hiram Radley
Joseph Youde
Hiram Muir
George French
John Dickinson
George Thomas
14) State vs Fountain Kelly
Murder
A true Bill
John G. Jackson, Foreman of the Grand Jury
Aug term 1841
Witnesses: John Lindsay, James D. Stagg, Jeremich D. Skeene, William A. Brown, Benjamin J. Pullum, Hiran Bossell, David Connelly, William Lindsay, William Warman, Jackson Raney, James Raney, Ephraim Raney, Thomas Curran, Jr., Hiram J. Smith, D.C. Smith, Joseph L. Muir, John Warman, Lel.. Bodois, Jaboc Raney, Mitchell Ray.
15) Ripley County August 10th 1841
Question First - John Lindsay Says that he first saw Fountain Kelley coming down the creek & there James Lindsay went down in to his fathers pasture and the first thing John Lind saw of James Lindsay he was coming home and further Jams Lindsay was holding his bowels in his hands and then John Lindsay brought him up to his (John Lindsays House). James Lindsay also told John Lindsay that Fountain Kelley had stabbed him. James Lindsay also said that it was no use to send for a physician and the deed was done on the first day of August 1841. John Lindsay thinks he died of the wound received from Fountain Kelly.
John Lindsay
Jams Stagg says that Fountain told him that he (Kelley) had stabbed James Lindsay and that Kelly also said that he (Kelley) thought he was not stabbed L. deep as it really was. Kelly told Stagg the above on the 4th day of August 1841.
J.D. Stagg
Benjamin M. Pullam says that Fountain told him on 6th day of August 1841 that He Kelly Stabbed James Lindsay but he did not think it was so bad cut as it was. Kelly further said it was done in John Lindays Pasture.
B.M. Pullam
Jeremiah D. Skeen says that Kelly told him when they were coming from Madison that He Kelly was going through Lindsay's pasture, and that He Kelly stabbed him with a knife and after Kelly had done the deed that he started off immediately. [A line was blacked out and it states: 'and that James Lindsay then... and struck Kelly on the right shoulder'].
J.D. Skeen
Hiram Bossell says that Fountain Kelly told his parents going home that if ever James Lindsay laid his hands upon him he F. Kelly would cut his guts out and H. Bossell says that his conversation happened about the last of June 1841.
Hiram Bossell
16) State Vs Fountain Kelley
Manslaugher
August term 1842
17) August 30, 1842
Fountain Kelly, who was convicted of the crime of manslaughter, and fined in the sum of Eighty four dollars & sentenced to four years imprisonment at hard labor in the State prison, by the Circuit Court of Ripley County, at its August Term AD 1841, is this day pardoned and released from confinement, and the fine remitted. $84.00
State of Indiana
I John H. Thompson, Secretary of State, certify that the above is an entire and true copy of the pardon and remission of the above named Fountain Kelly, taken from the original record thereof, as the same remains in my office.
In testimony Whereof, I have hereunto set my hand, and affixed the seal of State, at Indianapolis, the 22nd, day of February, A.D. 1848.
Jno. H. Thompson, Sec. of State.
18) The State of Indiana, Ripley County, Sct, Ripley Circuit Court
The State of Indiana to the Sheriff of said County, Greeting
Whereas the state of Indiana lately in our said Ripley Circuit Court to-wit at the August term of said court in the year 1841 and on Tuesday the 31st day of being the 8th, Judicial day of said term by the Judgment of the same court recovered against Fountain Kelley a certain Fine of Eighty eight dollars on an Indictment of Murder as also a large sum to wit Thirty six dollars and Seventy one & 1/2 cents for costs and charges of prosecution ... her the said State of Indiana about her suit in that behalf ... whereof the said Fountain Kelly is convicted as by the record and proceedings thereof still remaining in our said court manifestly appears.
And now on behalf of the said State of Indiana we are informed that although judgment be thereupon given yet execution of the fine and costs aforesaid still remains to be made and that the said judgment remains entirely unpaid and in full force. Whereupon said State of Indiana by her attorney has besought to provide her a remedy in this behalf.
You are therefore in the name of the State of Indiana commanded that you make known to the said Fountain Kelley that he be and appear before the judges of the Ripley Circuit Court on the first day of their term to be holden in the court house in Versailles in said county on the 4th Monday in February 1848 to shew cause if any he have or can why the said State of Indiana should not have execution against him of the Fine and cost aforesaid according to the force form and effect of the said recovery against him the said Fountain Kelley, and further to do and receive what our said court shall consider of him in this behalf and have you then and there this with.
Witness Jno. S.S. Hunter, Clerk of our said court and the seal thereof hereunto affixed this 9 day of February A.D. 1848
Jno. S. S. Hunter, Clk.
19) No 39. State vs Fountain Kelley
Murder
February term 1848
February 11th, 1848
In obedience to the command of the within writ I have made known to the defendant Fountain Kelley the contents of the within by reading the same to said Kelley this the 12 day of February 1848.
Joseph Wingate
Sheriff
20) Promisory Note found at Versailles, Ripley Co., IN
$125 One day After date, I promise to pay Moses Kelley the sum of one hundred and twenty five dollars and -- cents, for value received, without any relief whatever from Valuation or appraisement laws.
Given under my hand and seal, this 8 day of April 1852
Signed: Fountain Kelley
State of Indiana Ripley County
In the Court of Common Pleas
Oct Term 1855
Jesse L. Holman Administrator of the Estate of James Muir deceased complains of Fountain Kelly and says that the defendant on the 8th day of April 1852 by his note a copy of which is filed herewith promises to pay Moses Kelly one hundred and Twenty five dollars without any relief from resolution or appraisment laws who assigned said note to James Muir deceased which note remains unpaid and is now in the possession of the plaintiff who is the legally appointed administrator of the Estate of the said James Muir deceased. Wherefore the plaintiff demands a judgment of Two hundred dollars & other relief.
Jess L. Holman
by Isaiah W ....., his atty.
Summons issued 1 Oct 1855
Jesse L. Holman Adms against Fountain Kelley
Civil Action
Comes Fountain Kelley and for answers herein says, That the note mentioned and described in said plaintiffs complaint herein is not the note on ..... of him said Fountain Kelley, and that he ... made executed or signed the same.
Fountain Kelley
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PITTSBURG UNIVERSITY PAPERS:
1840/41: Andrew Allen Veatch claims that Fountain F. Kelley killed a neighborhood boy and was sent to the penitentary.
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Documentation from Pittsburg State Univ. on this family. It reported that "Wayland's uncles on his mother's side were sneaking cowards. There were three of them...Moses, Robert and Fountain Kelley. All three were thieves and murderers. Fountain Kelley before he was 21 killed a neighbor boy and was sent to the penitentiary. Moses and Robert were hanged at Hawesville, KY Oct 28, 1853 for the wholesale murder of the crew of a flat-boat known as "Eliza" on the Ohio River on the night of Oct. 22, 1852...Andrew Allen Veatch, 'Criminal Records of the Wayland,' 'The Remonstrator' 1.6 (July 1, 1913(: 3. The 'Confession of Moses Kelley' was published in book form by D.L. Adair (i.e. Adams)" Moses was 28 and Robert was 18 when hung, and admitted murders. Micha was reported to have set a house on fire in Ripley County...may have been accidental or deliberate.
Inscription
Company E, 2 Nebraska Cavalry
Family Members
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