Records Pertaining to Criminal Cases, 1865-1906

Series

Identifier: MS Un33r 430 1

Staff Only
Select files to request

Scope and Content Note

From the Collection:

Electrostatic copies of indictments, complaints, writs, subpoenas, motions, bonds, orders, depositions, lists, reports, vouchers, receipts, correspondence and other records created by officers of the U.S. District Court for the Western District of Arkansas or of the U.S. Circuit Court (Commissioner’s Court) for the Western District of Arkansas [see “Note on Courts”] and pertaining to criminal and legal proceedings of the courts.

Note on Documents

From the Collection:

1:1 Grand-Jury Indictment: presented under oath by prosecuting attorney to the grand jury, for determination as to whether or not accusation, if proved, would be sufficient to bring about a conviction.
1:2 Complaint: formal allegation or charge.
1:3 Writ of Arrest: an instrument authorizing official to take party into custody.
1:4 Supoena: a writ issued to compel appearance of a witness at a judicial proceeding, possibly requiring witness to bring certain papers or documents over which he or she has control.
1:5 Motion for Demurrer: a formal allegation that the facts stated in a pleading, even if admitted, are not legally sufficient for case to proceed further.
1:6 Bond for Defendant: sum of money posted with court as evidence of defendant’s intent to appear in court, under pain of forfeiture.
1:9 Writ of Mittimus: a warrant of committal to jail or prison.
1:10 Order of Removal: instrument authorizing and requiring transfer of prisoner from one location to another.
1:11 Writ of Error: common law instrument issued out of appellate court and served on trial judge, ordering him to send up record in a case, for review of alleged error(s) in law or proceedings.
1:12 Writ of Habeas Corpus: in criminal context, an order bringing petitioner before the court to inquire into legality of his or her confinement; in civil context, an instrument challenging validity of child custody or deportation.
1:13 Motion for Continuance: pleading for the adjournment or postponement of an action pending in court.
1:14 Deposition: a method of pre-trial discovery, consisting of a statement by witness, under oath, taken in question-and-answer form as it would be in court, and affording opportunity for adversary to be present and to cross-examine
1:17 Grant of Amnesty: pursuant to proclamation of President of the United States, dated May 29, 1865.
1:18 Ex Parte Proceeding: legal proceeding in which only one party is heard, sometimes without notice to other party.
2:1 Writ of Execution: effecting endorcement of a judgment.
2:2 Libel of Information: a pleading asking for seizure and condemnation of property, or a pleading brought to obtain a forfeiture and containing substantial statement of the offense upon which forfeiture is predicated.
2:4 Petition for Writ of Habeas Corpus: [see above, at 1:12].
2:6 Deposition: [see above, at 1:14].
3:3 Listings of expense accounts, payrolls, jail costs, etc.
3:5 Return of Fees and Emoluments ... paid to district attorney W. H. Sanders.
3:6 Correspondence … addressed to district court clerk Stephen Wheeler.
3:7 Return of Fees and Emoluments [paid to] District Clerk Stephen Wheeler.
3:18 Other documents: oaths of office, sworn statements, etc., and including correspondence other than at 3:6 [q. v.].