Bath County Ky court recording of John Bailey Jr , Warren Bailey , and Charles C Bailey on the charge of fraudulently claiming their father's John Bailey Sr's Revolutionary War Pension: ****************************************************************** USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities as long as this message remains on all copied material. These electronic pages may not be reproduced in any format or presentation by other organizations or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or his legal representative and then contact the listed USGENWEB archivist with proof of this consent. Date: Sat, 09 Feb 2003 Submitted by Bobby Hunt http://www.genrecords.net/emailregistry/vols/00004.html#0000982 ********************************************************************* Bath County Ky court recording of John Bailey Jr , Warren Bailey , and Charles C Bailey on the charge of fraudulently claiming their father's John Bailey Sr's Revolutionary War Pension: Pleas before the Honorable Thomas B Monroe Judge of the District Court of The United States of America holden in and for the Kentucky District at the capital in Frankfort at the May term of said Court in the year One Thosand Eight Hundred and Thirty Five. Be it known that heretofore to wit on the 3rd December 1834 came the Attorney of the aforesaid and filed the following declaration to wit: Kentucky District Court Lewis Sanders Jr. The United States of America by their Attorney ***** And for the District of Kentucky complains of John Bailey Warren Bailey and Charles C Bailey custody **** of a plea of tresspass on the case of premises. For that whereas the said Defendants heretofore wit on the day of in the year of our Lord One Thousand and Eight Hundred and Thirty Three at the District of Kentucky aforesaid was indebted to the United States of America in the sum of five hundred dollars for so much money by the said Defendants before that time had and received to and for the use of the said United States of America and being so indebted they the said Defendants in consideration thereof afterwards to wit in the day and year last aforesaid at the District of Kentucky aforesaid undertook and then and there faithfully promise to the said United States of America to pay them the said sum of money when they the said Defendants should be thereunto afterwards requested. And whereasalso the said Defendants afterwards to wit on the day and year last aforesaid was indebted to the said United States of America in the further sum of five hundred dollars lawful money of the United States of America for so much money by the said United States of America before that time paid laid out and expended to and for the use of the said Defendants at their special instance and request and being so indebted they the said Defendants in consideration thereof afterwards to wit on the day and year last aforesaid at the District of Kentucky aforesaid undertook and then and there faithfully promise the said United States of America to pay them the said last mentioned sum of money when they the said Defendants should be thereunto afterwards requested. Nevertheless the said Defendants not regarding the said several promises and undertakings but conceiving and fraudulantly intending craftily and subtlely to deceive and defraud the said United States of America in this behalf have not as yet paid the said several sums of money or any or either of them or any part thereofto the said United States of America although often requested so to do but the said Defendants to pay them the same have **** wholly neglected and refused and still do neglect and refuse to the damage of the United States of America one thousand dollars and therefore they bring their suit JC L Sanders Jr. Atto. for the United States K D Upon which declaration the following Capias issued to wit The United States of America to the Marshall of the Kentucky District greeting you are hereby commanded to take John Bailey Warren Bailey and Charles C Bailey if they be found within your bail which and them safely keep so that you have their bodies before the Judge of our District Court at the capital in Frankfort on the first Monday in May to answer to the United States of America for a plea of tresspass on the case damage one thousand dollars and have then there this wit. In testimony whereof John Boyle Esq Judge of our said Court hath caused the seal thereof to be hereunto affisced this 3rd day of December A. D. 1834 and in the 59th year of our Independence. Attest Jn J Hannah C. K. D. C. Memorandum----- This is an action of tresspass on the case and no bail is required Sanders P. Q. Upon which Capias the Marshall made the following return to wit Executed January 14 1835 Jn M McCalla M. K. D. And afterwards to wit at the November Term of the Court aforesaid came the Defendants by their Attorney and filed the following pleas to wit And the said Defendants by their Attorney say actio non because they say that they did not undertake and promise in manner and form as th Plaintiff in declaring hath thereof complained against them and of this they put themselves upon this Country JC And the Plaintiff likewise Alex R Depew for defendants L Sanders Jr U. S Atto. K. D. And the said Defendants by their Attorney for further Plea in this behalf say actio non because they say that their deceased Father John Bailey in his life time served and commanded as Ensign in the Virginia State Line in the war of the Revolution from the day of until the day of and as adjutant therein from the day of until the day of and that he also served as Lieutenant in the said line in said war from the day forward until the close of said war that said John Bailey deceased lived after the close of said war until the day of when he departed this life having first made and published his last will and testiment by which he desed all interest and rights he might have to and in any monies whatsoever to his two sons the said William and Charles C Bailey and appointed the said John Bailey his executor of said last will and testiment that by virtue of several acts of the Virginia Legislature the said John Bailey deceased was entitled to half pay for life from the State of Virginia for his said service as Ensign adjutant and Lietenant as aforesaid which said half pay ammounted to a much larger sum of money than that claimed in said Declaration to wit the sum of $ that by an act of the Congress of the United States approved the 5th of July 1832 the officers of the Virginia Line are authorized to receive from the Treasury of the United States the several ammounts to which said officers were respectively entitled by the laws of Virginia for said services and that said Defendant John Bailey received said money in said Declaration demanded from the Treasury of the United States by mistake upon a claim of his said Father for half pay as Captain in said State Linein said war when he never was Captain and that said defendant received said money on the claim as Captain as aforesaid as the excecutor of his said deceased Father and immediately paid the same to the said Co-Defendants Warren Bailey and Charles C Bailey as the devices of said John Bailey deceased who were entitled in equity and good conscience to receive and retain he same in consideration of said services as Lieutenant as aforesaid and by virtue of the several laws of Virginia and Acts of Congress on this subject. The said Defendants therefore Plea and reply upon their right to return the said $500 in the said Declaration demanded either exequo et bono or by way of set off out of so much of the money to which as the legal representatives of their deceased Father John Bailey they are entitled for his said services in the war of the Revolution and this they are ready to verify JC whereupon JC Alexander R Depew Attorney for Defendants And the said Defendants for Plea say actio non because they say that before the institution of this suit the claim which their deceased Father John Bailey had for half pay for life as a Captain in the Virginia State Line in the war of the Revolution against the State of Virginia by virtue of an act of the Virginia Assembly of May 1779 entitled "An act concerning officers soldiers sailors and mariners was submitted to the Secretary of the Treasury of the United States for settlement and payment by virtue of and according to the provisions of an Act of Congress entitled "An act provided for liquidating and paying certain claims of the state of Virginia" approved July 15th 1832 and by the said Secretary of the Treasury settled allowed and paid out of the Treasury of the United States according to the provisions of the said Act of Congress in full satisfaction of the said claim of their deceased Father John Bailey as captain as aforesaid in said State line during said war which said sum of money so adjudged and allowed by the said Secretary of the Treasury to be due and owing to the representatives of their deceased Father John Bailey as an officer as aforesaid for his half pay for life ammounted to a much larger sum of money than that demanded in said declaration to wit the sum of $ and the said Defendants over that the $500 demanded in said declaration is part of said sum so adjudged to be due by the Secretary of the Treasury and was received by them as the legan representatives of their said deceased father and this they are ready to verify JC Alexander R Depew for Deft Whereupon the Attorney for the United States filed a replication to Plea No 3 and ******* to Plea No Viz and the said United States by their Attorney as to the said Plea of the said defendants by them **** above pleaded say that they the said United States by the said Defendants in that Plea alledged ought not be barred from having and maintaining the Aforesaid action thereof against them the said Defendants because they say that the said John Bailey deceased the Father of the said Defendants never had any claimfor half pay for life as a captain in the Virginia State Line in the war of the Revolution against the State of Virginia nor never was nor ever served as Captain in the said State Line and that the supposed claim of the said John Bailey deceased in said Plea mentioned was fraudulently submitted to the Secretary of the Treasury of the United States for settlement and the said settlement allowence and payment of the said supposed claim was altogether prosecuted had and obtained by fraud and the use of false forged and counterfeited affidavits certificates and writings and this the said United States are ready to verify wherefore they pray judgement and their damages by them sustained on occasion of the non performances of the several promises and undertakings in the said declaration mentioned to be adjudged. L Sanders Jr U.S. Atto. K. D. And the said United States by Lewis Sanders Jr their Attorney as to the said Plea of the said Defendants by them secondly above pleaded say the same and the mattered therein contained in manner and form as the same are above Pleaded and set forth are not sufficient in law to bar on preclude them the said United States from having or maintaining their aforesaid action thereof against them the said Defendants and that they the said United States are ready to verify wherefore for want of a sufficient Plea in this behalf the said United States pray judgement and their damages by reason of the not preforming of the said several promises and undertakings in the said Declaration mentioned to be adjudged to them J.C. L Sanders Atto for the U.S. K.D. And the Attorney for the Defendants filed his answer to replications of Plaintiffs to Defendants 3rd Plea to wit And the said Defendants say that the matters and things contained in the replication of the Plaintiffs their 3rd Plea are not good and sufficient in law to avoid the said Plea of the said Defendants nor are they bound by law to any other answer thereto and this they are ready to verify. J.C. A.R. Depew for Defendants And for causes of demurer they set down the following to wit : 1st That said Replication is bad for duplicity 2nd That its allegations are repugnant in **** parts 3rd That it attemps at law to overhall and reverse the decision of the Secretary of the Treasury of the United States in a cause in which he is constituted by the Act of Congress of the 5th July 1832 referred to in said 3rd Plea the sole and exclusive Judge whose Judgements are solemnly recorded in the Archives of his Department and must be final and conclusive on the subject Alex R Depew for Defendants And the said Plaintiffs join in demurrer L Sanders Jr U.S. Atto. K.D. And the arguments of council being heard on said demurrers and the court being sufficiently advised do consider that the Plaintiffs demurrer the said Defendants Plea be sustained and that the Defendants demurrer to Plaintiffs replication be overruled--- And afterwards to wit on a subsequent day of the term came th Defendants by their Attorney and on the motion leave is given to withdraw their demurrer to Plaintiff Replin? and file a rejoinder thereto which is as follows And the said Defendants for rejoinder to the replication of the Plaintiff on their 3rd Plea herein say that their said Father John Bailey deceased had a claim for half pay against the State of Virginia as captain in the Virginia State Line in the was of the Revolution that he was Captain in said State Line and served as such that the said claims of said John Bailey deceased in said 3rd plea mentioned was not fraudulently submitted to the Secretary of the Treasury of the United States for settlement and that said half pay claims as Captain as aforesaid was not prosecuted had and obtained by fraud and the use of false forged and counterfieted affidavits certificates and writings as Plaintiff in said replication hath alledged and of this they put themselves on the Country J.C. Alex r Depew Atto for Defendants And the plaintiffs likewise L Sanders Jr U.S. Atto K.D. United States of America Defendants Against John Bailey Plaintiff This day came the Defendant by his Attorney and on his motion leave is given to withdraw their demurrer to Plaintiffs Replin and file for rejoinder thereunto is which as follows And the said Defendants for rejoinder to the replications of the Plaintiff on his 3rd Plea herein says that his deceased Father John Bailey had a claim for half pay against the State of Virginia as Captain in the Virginia State Line in the war of the Revolution that he was a Captain in said State Line and served as such that said claim of John Bailey deceased in said 3rd Plea mentioned was not fraudulently submitted to the Secretary of the Treasury of the United States for settlement and that the said half pay claim as Captain as aforesaid was not prosecuted had obtained by fraud and the use of false forged and counterfieted affidavits certificates and writings as the Plaintiff in said replication hath alledged and of this he puts himself upon the Country J.C. Alex R Depew Attorney for the Defendant And the Plaintiff likewise---- L Sanders Jr U.S. Attorney K.D. And afterwards to wit at the subsequent day of the term and year aforesaid to wit may Term 1835 came the parties by their Attornies and Thereupon came a jury to wit William Rogers William Ratliffe Benjamin Edrington John Graves William H Greenup Joseph G Roberts Roger Devine John P Reading Dandridge S Crockett Hugh Roseberry John S Robson and Larkin Samuel who being elected tried and sworn well and truly to trie the issues joined but their not being time to go thru with the trial the Jury is adjourned until tomorrow morning 10 o'clock And afterwards to wit at the subsequent day of the term and years last aforesaid the Jury sworn in this case appeared agreeable to adjournment and returned into Court the following verdict: "We the jury find for the Plaintiffs five hundred Dollars in damages" Whereupon the Defendants Attorney moved for a new trial upon the following grounds 1st Because the verdict of the Jury was contrary to evidence 2nd The verdict was contrary to law 3rd The Court permitted improper and illegal evidence to go to the Jury 4th The refused to let evidence be given to the Jury which should have been permitted 5th Because the Court misdirrected the Jury and the Court having heard the agreement of counsil do consider that the said motion be overruled It is therefore considered by the Court that the said United States of America recover of the Defendants the sum of five hundred Dollars the damage by the Jury in their verdict **** and also their costs herein expended by their councel move to the Court to arrest the Judgement herein on the following grounds to wit 1st The Declaration is defective in form and substance 2nd The verdict of the Jury is variant from the action 3rd The Court erred in deciding in favor of the Plaintiff on demurrer on the 2nd Plea 4th The wit declaration and verdict are varient and defective And the argument being heard and the Court being advised do consider that the said motion to arrest the Judgement be overruled.