From the Circuit Court records of Russell County, 1850, comes the sad story of Alfred Short, a youth raised in "infamy" who was convicted of passing a counterfeit two dollar note, as well as counterfeit coins. He pled guilty, attempted to hang himself in jail, and was eventually sentenced to two years in the State penitentiary. I have found no record of what happened to him after that point.
"At a Circuit Court held for Russell County, at the Courthouse, on Monday, the 16th day of September, 1850.
Present, Benjamin Estill, Esquire Judge of the 15th Circuit.
Isaiah Fuller, foreman; Edward D. Kernan, James G. Martin, John W. Webb, Meshack White, Joseph Smith, Saml. Taylor, James S. Browning, David Price, Thomas Gibson, Abner Harding, James McCoy, William Gibson, Joseph C. Fugate, James Dickenson, Henry Fogleman, Isaiah Drake, Wesley Gilmore, John W. Honaker, Thomas Meade, Henry Campbell and Samuel P. Fogleman, were sworn a grand jury of inquest for the body of this county and having received their charge withdrew from the bar to consider of their presentments: Wm. Robinson, Wesley Soward, Jeremiah T. Chase, Lewis B. Paine, Martin Fraley & Alexr. Wright, were severally sworn in Court and sent to the Grand Jury to give evidence. The said Grand Jury after some time returned into Court and presented,
An Indictment against Alfred Short, for uttering and publishing as true, a counterfeit Bank note, a true bill. They also found a presentment against the same person for passing counterfeit coin; and not having finished the business before them, were adjourned till tomorrow morning at 10 O'clock.
Alfred Short who stands indicted for uttering and publishing as true a certain false, forged, and counterfeit Bank note and passing the same as true, was brought to the bar in custody of the keeper of the Jail of this County, and being thereof arraigned pleaded not guilty to the indictment; whereupon, cam a jury to wit:
Thomas H. Garrett, Robert Burk, Robert Johnson, Abraham Buckles, John D. Alderson, Gabriel Jessee, Harvey G. Long, Henry M. Honaker, Major A. Fletcher, Thomas J. Richardson, William Gilmer junr. and Benjamin Wallis, who being elected by ballot, tried and sworn the truth of and, upon the promises to speak, and having heard the evidence, but not agreeing in a verdict, were, with the consent of the prisoner, committed to the custody of the Sheriff of this county, who is directed to keep them together without communication with any other person and to cause them to appear here tomorrow morning at ten o'clock: whereupon an oath was administered to Robert Boyd, Isaac Vermillion and Jesse Browning deputy Sherriffs to the following effect that they should well and truly, to the best of your ability, keep this jury, and neither speak to them nor suffer and person to speak to them touching any matter relative to this trial until they return into Court tomorrow. And the said Alfred Short is remanded to jail.
Alfred Short, late of the County of Russell who stands indicted for uttering and employing as true a certain counterfeit bank note, was again led to the bar in custody of the jailor of Russell County, and the jury sworn yesterday for his trial were brought into Court by the Sheriff of said County, were then sent out of court again to consider of their verdict, but not having agreed in a verdict at the time when the Court was about to adjourn, were, with the consent of the said Alfred Short again committed to the custody of the said Sheriff, who is directed to keep them together without communication with any other person, and he cause them to appear before the Court on tomorrow morning at 10 Oclock, whereupon an oath was administered to Robert Boyd, Isaac Vermillion and Jesse Browning that they should well and truly, to the best of their ability keep the jury, and neither speak to them themselves, no suffer any person to speak to them touching any matter relative to this trial, until the return in Court tomorrow. And the said Alfred Short is remanded to jail.
The Grand Jury, by permission of the Court, struck out the presentment made on the first day of the Term against Alfred Short for passing Counterfeit coin.
Alfred Short late of the County of Russell who stands indicted for uttering and employing as true a certain counterfeit bank note, was again led to the bar in custody of the jailor of Russell County, and the jury heretofore sworn for his trial were brought into Court by the Sheriff of said County, and not having yet agreed in a verdict, by Consent as well of the Attorney for the Commonwealth as of the prisoner, the said jury were discharged and the prisoner is admitted to give bail for his appearance before the Court at the next term to stand a trial upon said Indictment in the sum of $200; but being unable to find security he is again remanded to jail.
Jeremiah T. Chase, Thomas G. Sowards, George W. Stacy, Wm. Robinson, Wesley Sowards & Lewis B. Payne in Court acknowledge themselves to be severally indebted to the Commonwealth of Virginia in the sum of One hundred dollars each, of their respective lands and tenements, goods and chattels to be levied and to the said Commonwealth for the use thereof to be rendered. Yet, upon condition, that if the said Jeremiah T. Chase, Thomas G. Sowards, George W. Stacy, William Robinson, Wesley Sowards & Lewis B. Payne, shall severally appear before the judge of this Court at the next April Term to give evidence on behalf of the Commonwealth against Alfred Short who stands indicted for passing a certain Counterfeit Bank note, and shall not depart thence without the leave of the said judge, then this recognizance to be void.
Alfred Short, late of the County of Russell, who stands indicted for feloniously passing a counterfeit Bank note, for whose trial a jury had been empanneled and sworn during the previous part of the term but did not agree in a verdict, was again brought and sat to the bar at his own request; and withdrawing his plea of not guilty heretofore pleaded, by permission of the Court now pleads Guilty to the indictment: whereupon, by his consent and the assent of the Attorney for the Commonwealth, a jury was empanneled to wit: Richard H. Lynch, James C. Dickenson, Francis Lark, Joseph Hackney, Jacob Rasnick, Thomas C. McClearey, John A. Pruner, Meredith C. Logan, James P. Warren, Augustus W. Aston, Alexander L. Bratton and Samuel W. Aston, who being sworn the truth of and upon the promises to speak upon their oath do ascertain the term of imprisonment of the said Alfred Short in the Penitentiary of the State to be two years. Therefore; it is considered by the Court, that the said Alfred Short for the felony aforesaid to imprisoned in the public jail and penitentiary house of the Commonwealth for the term of two years, the period by the jurors in the verdict ascertained therein to be kept and treated in the manner directed by law. And, it is ordered, that the Sheriff of Russell County do, as soon as possible after the adjournment of this Court, remove and safely convey the said Alfred Short from the jail of this Court to the said public Jail and Penitentiary house for confinement and treatment therein according to law.
And the Court doth direct the following statement of the case to be made and transmitted to the directors of the penitentiary: The Court has not had time to inform itself of the provisions of the new Code, which it has not seen till the commencement of this circuit; but supposing it proper, proceeds to make the statement required by the former statute. Therefore, the Court doth order it to be certified to the directors of the penitentiary, that the prisoner, Alfred Short, a youth, was convicted at the present Term on his own confession, in open Court, of feloniously passing a two dollar counterfeit Bank note, purporting to be a note on the bank of Indiana. On the first day of the term the prisoner was arraigned on the charge and pleaded not guilty, and a jury were empanneled, who not agreeing in a verdict, were, with the prisoner's consent discharged on the third day of the term. The Court feeling great commiseration for the prisoner, and not thinking the evidence against him conclusive, offered to bail him in the sum of $200; but in consequence of the infamy of his family and connections, he could not give bail, though the Court believes this to be the first offence imputed to the prisoner, and has heard no other evil of him, beyond his connection with an infamous family. On the evening of the third day of the term the prisoner hung himself in the jail with his bed clothes, but was discovered and cut down before life was entirely extinct. The prisoner, after resussitation said, he would rather die than be confined in the jail (a most unpleasant one) till the next Term. Whereupon, he petitioned the Court for leave to plead guilty and go to the penitentiary at once, though he strongly denied the guilty knowledge charged in the indictment, but finally preferred to plead guilty, which he did and the jury rendered the verdict found in the record. This is a short history of his case.
In consideration of his youth and bad raising, and some uncertainty as to his guilt, the Court feels the strongest sympathy for him, and would have dismissed the prosecution and discharged him, had it not believed it would thereby have usurped the functions of the executive. The Court therefore does all it believes it has power to do, strongly and urgently recommends him to be instantly pardoned by the executive, who knows something of the Sandy country in which this unfortunate though was raised, the lawlessness of which, may be justly compared to that of the worst aborigines of the country, though of late greatly improved in its morals and standing. The Court also recommends him to the kindness of the keepers of the penitentiary.
Peter B. Henritze keeper of the Jail of Russell County for imprisonment and support of Alfred Short charged with felony $32.61.
George W. Johnson, Sheriff of Russell County for summoning a venire in the case of the Commonwealth against Alfred Short charged with felony, and the allowance directed by law to be paid by him to said venire $49.56.
Ordered that the Sheriff be permitted to employ two guards for the safe conveyance of Alfred Short to the Penitentiary convicted of felony, the Court believing that number to be necessary."
