Dublin Core
Title
Emmett Dalton trial transcript for hearing, waived preliminary examination, committed to jail
Description
The provided documents detail the 1892 criminal transcript from Montgomery County, Kansas, regarding the state's case against Emmett Dalton (noted as "Emit" or "Emett") for the murder of Lucius Baldwin.
Creator
Coffeyville Public Library
Publisher
State of Kansas
Date
October 1892
Rights
public domain
Format
pdf
Text Item Type Metadata
Text
Page 1: Filing Cover
No. 2228
Transcript
State of Kansas
vs.
Emmet Dalton
No. 132
Filed Oct. 12th, 1892
J.H. Norris, Clerk (p. 1)
Page 2: Complaint and Charge
State of Kansas, Montgomery County } ss.
Before G.E. Gilmore, a Justice of the Peace for Independence City in said County.
The State of Kansas, Plaintiff
vs.
Emmet Dalton, Defendant
No. 132
Criminal Action
October 6, 1892, P.J. Fritch made complaint on oath charging that on the 5th day of Oct. 1892, Emmet Dalton did then and there unlawfully, feloniously, purposely, deliberately, and premeditatedly, wrongfully, feloniously and of his malice aforethought assault with a deadly weapon, to wit: a Winchester repeating rifle loaded with gunpowder and leaden balls, which said Winchester repeating rifle so loaded as aforesaid he, the said Emmet Dalton, then and there held in his right hand and which said Winchester repeating rifle loaded as aforesaid, the said Emmet Dalton did then and there unlawfully, wrongfully, purposely, maliciously and of his deliberate premeditated malice aforethought... (p. 2)
Page 3: Specifics of the Alleged Crime
...fire off and discharge against and upon the body of the said Lucius Baldwin, thereby and by means thereof striking the said Lucius Baldwin with one of the said leaden balls, which leaden ball by force of the gunpowder aforesaid did then and there penetrate into and through the body of him, the said Lucius Baldwin, inflicting on and in the body of the said Lucius Baldwin aforesaid one mortal wound of which mortal injury inflicted as aforesaid, he, the said Lucius Baldwin, immediately died.
And so, said Emmet Dalton, by the means and in the manner aforesaid, unlawfully, willfully, purposely, maliciously, feloniously and of his deliberation, premeditation, and malice aforethought, him, the said Lucius Baldwin, did then and there kill and murder, contrary to the statute in such cases made and provided and against the peace and dignity of the State of Kansas.
Warrant issued and dated Oct. 6, 1892. (p. 3)
Page 4: Return of Warrant and Court Order
...returnable forthwith. Warrant returned and filed Oct. 11, 1892, at 10 o'clock AM with the following return endorsed:
"Received this writ Oct. 6, 1892. Executed the same Oct. 11, 1892 by bringing the body of the within-named Emmet Dalton before the court. J. Callaghan, Sheriff."
Oct. 11, 1892, Case called for hearing. Present: State by County Atty. J.R. Charlton. Defendant in person. The charges made against said defendant were distinctly read to and in the presence of defendant and he was required to plead thereto. For answer, he said he would waive a preliminary examination.
The court thereupon finds that the crime as charged has been committed and there are reasonable grounds for believing the defendant guilty of its commission. It is therefore by the court ordered that the defendant Emmet Dalton be committed to the jail of Montgomery County until discharged according to law. (p. 4)
No. 2228
Transcript
State of Kansas
vs.
Emmet Dalton
No. 132
Filed Oct. 12th, 1892
J.H. Norris, Clerk (p. 1)
Page 2: Complaint and Charge
State of Kansas, Montgomery County } ss.
Before G.E. Gilmore, a Justice of the Peace for Independence City in said County.
The State of Kansas, Plaintiff
vs.
Emmet Dalton, Defendant
No. 132
Criminal Action
October 6, 1892, P.J. Fritch made complaint on oath charging that on the 5th day of Oct. 1892, Emmet Dalton did then and there unlawfully, feloniously, purposely, deliberately, and premeditatedly, wrongfully, feloniously and of his malice aforethought assault with a deadly weapon, to wit: a Winchester repeating rifle loaded with gunpowder and leaden balls, which said Winchester repeating rifle so loaded as aforesaid he, the said Emmet Dalton, then and there held in his right hand and which said Winchester repeating rifle loaded as aforesaid, the said Emmet Dalton did then and there unlawfully, wrongfully, purposely, maliciously and of his deliberate premeditated malice aforethought... (p. 2)
Page 3: Specifics of the Alleged Crime
...fire off and discharge against and upon the body of the said Lucius Baldwin, thereby and by means thereof striking the said Lucius Baldwin with one of the said leaden balls, which leaden ball by force of the gunpowder aforesaid did then and there penetrate into and through the body of him, the said Lucius Baldwin, inflicting on and in the body of the said Lucius Baldwin aforesaid one mortal wound of which mortal injury inflicted as aforesaid, he, the said Lucius Baldwin, immediately died.
And so, said Emmet Dalton, by the means and in the manner aforesaid, unlawfully, willfully, purposely, maliciously, feloniously and of his deliberation, premeditation, and malice aforethought, him, the said Lucius Baldwin, did then and there kill and murder, contrary to the statute in such cases made and provided and against the peace and dignity of the State of Kansas.
Warrant issued and dated Oct. 6, 1892. (p. 3)
Page 4: Return of Warrant and Court Order
...returnable forthwith. Warrant returned and filed Oct. 11, 1892, at 10 o'clock AM with the following return endorsed:
"Received this writ Oct. 6, 1892. Executed the same Oct. 11, 1892 by bringing the body of the within-named Emmet Dalton before the court. J. Callaghan, Sheriff."
Oct. 11, 1892, Case called for hearing. Present: State by County Atty. J.R. Charlton. Defendant in person. The charges made against said defendant were distinctly read to and in the presence of defendant and he was required to plead thereto. For answer, he said he would waive a preliminary examination.
The court thereupon finds that the crime as charged has been committed and there are reasonable grounds for believing the defendant guilty of its commission. It is therefore by the court ordered that the defendant Emmet Dalton be committed to the jail of Montgomery County until discharged according to law. (p. 4)
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