If his death was the cause for dropping of the case, they should have mentioned it in the proceedings. If it was because of his "failure to appear", that would mean he jumped bail. It would not be surprising for him to leave the state, making the law difficult to apprehend him, especially if they didn't know where he went. His bondsmen would be on the hook for the $4000, and there is probably some discussion of their liability in the records.
I don't believe there ever was a statute of limitations on a charge of murder. If the charge was dropped, however, that would allow him to return to Kentucky.
Donald L. Wilson, Virginiana Librarian
The Ruth E. Lloyd Information Center
for Genealogy and Local History (RELIC)
Prince William Public Library System
Bull Run Regional Library
8051 Ashton Avenue, Manassas, VA 20109-2892
703-792-4540
www.pwcgov.org/government/dept/library/RELIC
-----Original Message-----
From: Discussion of research and writing about Virginia history [mailto:[log in to unmask]] On Behalf Of Sharon Celsor-Hughes
Sent: Thursday, January 10, 2013 9:28 PM
To: [log in to unmask]
Subject: statute of limitations
I am researching a man who was born in 1812 in Virginia, most likely in the Powhatan-Goochland-Chesterfield area. By the 1830s he had migrated to Tennessee. His wife's journal makes mention of him returning to Virginia on several occasions in the 1840s. By the 1850s he was living in Kentucky and involved in politics.
He committed murder in Kentucky in 1857; eye witness accounts deny his plea of self-defense. His bond was set for $4000 and was posted by himself and three others. He petitioned the court to grant him a change of venue which he received. I have copies of the records that were transfered to the new venue but according to the Kentucky Department of Libraries and Archives the case was removed from the dockett in September 1860 due to his failure to appear every time his case was called. Some speculate he failed to appear because of death but there are no records to substantiate his death.
I have found a man by the same name and age listed in the 1860 Census in Powhatan, Virginia. The woman listed as his wife would fit the age of his second wife and she is listed having been born in Sumner, TN, the county were they were married. They have no real estate ad $500 personal estate. They reappear in the Kentucky census in 1870.
I lack knowledge on the legal system of this period so don't know how realistic my hypothesis is that this may be the same man. First, was it that easy to avoid trial by moving to another state? Secondly, was there a statute of limitations for murder and if so what was the length of time?
I'd appreciate any information that might help me in piecing this trail together.
Sharon
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