Roane Co., TN - Indictment - The State Versus Francis Wood - 1850 USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Submitted by: David W. Morgan dmorgan@efn.org ------------------------------------------------------------------------- State of Tennessee, Roane County, Circuit Court - October Term Eighteen Hundred and Fifty: The grand jurors for the State being duly summoned, elected, impaneled, sworn, and charged to inquire for the body of the County of Roane, upon their oaths present that heretofore to wit on the twenty-seventh day of December in the year of our Lord one thousand eight hundred and forty-nine, a certain William Deatherage, a Justice of the Peace only commissioned and qualified as such for the County of Roane aforesaid, at to wit the county aforesaid, issued his warrant in writing in substance and to the effect following: "State of Tennessee, Roane County. To any lawful officer to execute and return. You are hereby commanded to summon Francis Wood to appear before some Justice of the Peace for said county to answer the complaint of James Hankins, in a plea of debt owed by an account, a sum under ten dollars. Herein fail not. Given under by hand and seal this 27 of Dec. 1849. Wm. Deatherage, J. P." and the jurors do further present that said warrant was placed in the hands of James H. Fuller, a constable in and for the county aforesaid, and was by him duly executed and returned for trial on the day and year last aforesaid in the county aforesaid, before James Sellers, a Justice of the Peace, duly commissioned, elected, and qualified to act as such in and for the county of Roane aforesaid, and who had competent power and authority to hear and determine the cause which was so as aforesaid commenced by the warrant of the said William Deatherage. And the jurors aforesaid, upon their oath aforesaid, do further present that the said James Sellers, Justice of the Peace as aforesaid, on the day near last aforesaid, in the county aforesaid, did proceed to try the said suit of the said James Hankins against the said Francis Wood, and the said cause coming on this to be heard and determined by the said James Sellers, at and upon the said trial, the said Francis Wood, late of said county, laborer, appeared as defendant ?clients, and at and upon said trial alleges that he was entitled to a set off against the demand of the plaintiff (the said James Hankins) in said suit, and it thereby became material to the matter in controversy between the parties to the said suit to ascertain the amount so claimed by the said Francis Wood as a set off to the demand of the said James Hankins against him, and the said Francis Wood, who was the defendant in the said cause, was then and then only sworn and took his corporal oath upon the Holy Gospel of God before the said James Sellers, Justice of the Peace as aforesaid (the James Sellers having sufficient and competent authority to administer the said oath to the said Francis Wood in that behalf) that the account of charges which he then and there presented against the said James Hankins as a set off against the demand of the said Hankins was true after giving to the said James Hankins all just credits. And the jurors aforesaid do further present that at and upon said trial, it became and was a material question whether the said Francis Wood was entitled to the sum of two dollars for sawing down the corners of the house of the said James Hankins. And the jurors aforesaid upon their oaths aforesaid do further present that the said Francis Wood, being so sworn as aforesaid, not having the fear of God before his eyes, but being moved and seduced by the investigation of the suit, and contriving and intending to pervert the due cause of Justice and unjustly to aggrieve the said James Hankins, plaintiff in said suit, and to subject him to the payment of surety cash charges and expenses, then and there on the trial of the said cause and in and by his oath aforesaid falsely, corruptly, knowingly, willfully, and maliciously did depose and swear that, among other things, the said James Hankins was then and there indebted to him, the said Francis Wood, in the sum of two dollars for sawing down the corners of the house of the said James Hankins, whereas in truth and in fact, the said James Hankins at the time the said Francis Wood took his oath aforesaid was not indebted to him, the said Francis Wood, in the sum of two dollars, nor any other sum, for sawing down the corners of the house of him, the said James Hankins. And to the jurors aforesaid, upon their oath aforesaid, do say that the said Francis Wood, on the said twenty-seventh day of December, eighteen hundred and forty-nine, in the county aforesaid, upon the trial of the cause aforesaid before the said James Sellers, Justice of the Peace as aforesaid (the said James Sellers having such power and authority as aforesaid) by his own act and consent and by his own most wicked and corrupt mind, in manner and form aforesaid, falsely, wickedly, corruptly, and willfully, did commit willful and corrupt perjury, to the great displeasure of Almighty God, to the evil example of all others in like case, offering contrary to the form of the Statue in such cases, mar and provide and against the peace and dignity of the State. David H. Cummings, Attorney General Not a true bill. Charles F. Welcher, foreman of the grand jury.