Stephen Henderson Court Documents,East Baton Rouge, LA Submitted by Terry Henderson ********************************************** Copyright. All rights reserved. http://usgwarchives.net/copyright.htm http://usgwarchives.net/la/lafiles.htm ********************************************** Stephen Henderson 6th JDC 70 10/13/1848 Assault with a Dangerous Weapon ********************** STATE OF LOUISIANA-PARISH OF EAST BATON ROUGE At a session of the District Court of the Sixth Judicial District of the State of Louisiana, began and held at the Court House in and for the parish of East Baton Rouge on the 9th day of October being the second Monday of said month, in the year of our Lord one thousand eight hundred and forty eight, and of the independence of the United States of America the seventy two. The Grand Jurors for the State of Louisiana, Parish of East Baton Rouge sworn and empanelled for the District Court of the Sixth Judicial District of the State of Louisiana, parish of East Baton Rouge began and held aforesaid, upon their oath present: THAT Stephen Henderson Jr. late of the parish of East Baton Rouge aforesaid, on the 18th day of December in the year of our Lord one thousand and Forty Seven, with force and arms, at the parish of East Baton Rouge aforesaid, in the said Sixth Judicial District, aforesaid, in the parish aforesaid, in and upon one John E. Bennet, in the peace of the State of Louisiana then and there being, then and there did make an assault with a dangerous weapon by willfully shooting at him the said John E. Bennet with a certain pistol then and there loaded and charged with gun powder, and one leaded bullet, which said pistol the said Stephen Henderson, Junior, in his right hand then and there had and held, with intent, him the said John E. Bennet and do some great bodily harm. Counting 2-the form of the statute in such case made a provident, in contempt of the authority of the State of Louisiana, and against the person and dignity of the same. And the jurors, aforesaid, upon the oath affirmed, do, further present and say that Stephen Henderson, jr. late of the parish of, aforesaid, on the eighteenth day of December in the year of our Lord one thousand eight hundred and forty seven, with force of arms, at the parish of East Baton Rouge, in the said Sixth Judicial, aforesaid, in and upon one John E. Bennet, in the peace of the State of Louisiana, then and there being, then and there did make an assault---- Contrary to the form of the statute in such case made and provided, in contempt of the authority of the State of Louisiana, and against the peace and dignity of the same. (Signed) Richard Loucks District Attorney Pro Tem **************** To this indictment the defendant pleads not guilty; October 14, 1848 Jos. W. Fowler, Clerk Sixth Judicial District East Baton Rouge State of Louisiana vs. Stephen Henderson, jr. Indictment "Assault with Dangerous Weapon" A True Bill John ? Dawson Foreman Witnesses Amos Adams John E. Bennet Wm. Lockwood Filed-Oct 13th, 1848 M. Moreno, d Richard Loucks District Attorney Pro Tem ************** State of Missouri 6th Judicial District Court Vs. East Baton Rouge Stephen Henderson , Jr. Stephen Henderson, Jr. being first duly sworn says. That prior to the 18th day of December 1847 the Baton Rouge Gazette was conducted by Francis G. Henderson ----- (accused's) brother. That an article appeared in the Gazette which John E. Bennet Esq. Considered as making personal accusations to himself, and was thereby induced to go in company with his friend to the Gazette office, both being armed with Pistols as your ------- (accused) was informed and believed and when finding the editor Francis G. Henderson unarmed, John E. Bennet, encouraged by the presence of his friend, slapped ----(accussed's) brother in the face, and left the office before the insult was resisted, which as your --- (accused's) was informed and believed his brother deemed not safe at the time to attempt being himself unarmed, while Bennet and his friend were ready to take his Francis Henderson's life. That on the 18th December 1847 the object of your (affiant?) in assaulting John E. Bennet was simply to slap his face and defend himself from an assault from Bennet who was at the time as your (affiant?) had just reason to believe was well armed. That after slapping Bennet's face your affiant drew his own pistol, not with a view of assaulting Bennet there with, but in self defense, but in the excitement of the moment the pistol went off and Bennet returned the shot at the same moment of time. Your( affiant?) further says: that he was induced to pursue the course by him adopted solely to resist and insult, and indignity, which he was advised would be deemed by public opinion personally unless by him resisted. That at the instant affiant drew his pistol, Bennet drew his own and he is unable to say which pistol was first discharged. Sworn to and Subscribed Stephen Henderson, jr. Before me this 17th Oct 1848 Jos. W. Fowler, Clerk ***************** Know all men by these present that we Stephen Henderson Jr, as principal and Joseph W. Fowler, as security both of the Parish of East Baton Rouge are held and bound to Isaac Johnson, Governor of the State of Louisiana or his successors in office in the sum of one thousand dollars to which payment we bind ourselves, our heirs, executors. Signed and sealed this 31day of October, A.D. 1848 at the town of Baton Rouge. The condition of said obligation is that whereas the governor of the State of Louisiana has granted to said Stephen Henderson now confined in the prison of East Baton Rouge, a reprieve-until the meeting of the Senate of said State, on condition that said Henderson shall return to prison if the Senate do not concur in said reprieve and remission------- Now therefore, if the said Henderson shall well and truly fulfill the obligation herein above specified this bond to be null and void otherwise to be of full force and effect. Stephen Henderson B. Bryan Jos. W. Fowler M. Moreno ****************** Executive Office New Orleans 28 Oct. 1848 To the Sheriff of the Parish of East Baton Rouge Whereas Stephen Henderson Jr., on the 17th instant was sentenced by the Judge presiding in the 6th District Court to four months imprisonment and to pay a fine of two hundred dollars, for an assault with a dangerous weapon and whereas for ----- ------- and ---- to have thought proper to grant to the said Stephen Henderson, Jr. a reprieve until the action of the Senate can be had on a message of pardon and ---- from the Executive. Now therefore, you are remanded to release the said Stephen Henderson from his imprisonment upon his giving bond with --- security in the form of one thousand dollars, conditioned that, if the Senate does not concur in such message of pardon of him, he is to return to prison and --- to his sentence according to law. Given under my hand and signature At New Orleans the 28th of Oct, 1848 And the independence of the United States the Seventy Third. Seal By the Governor Isaac Johnson Charles Gayatte, Secretary of State ******************** Executive Office New Orleans, 9th December 1848 To Leroy C. Morris Esq.-Sheriff of the Parish of East Baton Rouge Whereas Stephen Henderson, Jr. was sentenced on the 17th October 1848, by the Judge presiding in the 6th District Court to four months imprisonment, and to pay a fine of two hundred dollars, for an assault with a dangerous weapon. Therefore, be it known, that for good sufficient reasons, and have with the consent of the Senate, granted a pardon; and remitted the fine in the case aforesaid of which pardon and remittance you are hereby counseled to take notice and --- yourself accordingly. Given under my hand and the seal of the state, at New Orleans this 9th day of December 1848, and the Independence of the United States, the Seventy third. By the Governor Charles Gayarre Isaac Johnson Secretary of State