THE YOUNGER FAMILY

AUGUST TERM 1866

CHARLES H. YOUNGER, WHO STANDS INDICTED OF FELONY WAS THIS DAY LED TO THE BAR IN CUSTODY OF THE JAILOR OF THIS COUNTY, THEN SAID CHARLES H. YOUNGER BY HIS COUNSEL ENGLISH & PHELPS, MOVED THIS COURT TO SQUASH THE INDICTMENT AND EACH COUNT THEREOF, WHICH MOTION AFTER HIS MATURITY CONSIDERED IS OVERRULED. THE SAID CHARLES H. YOUNGER WAS THEN PROMPTLY ARRAIGNED AND PLEADED NOT GUILTY TO THIS INDICTMENT, THEREUPON THE ATTORNEYS FOR THE PRISONER MOVED THE COURT FOR A CONTINUANCE, WHICH MOTION WAS SUPPORTED BY THE AFFIDAVIT OF G.M. PHELPS, ONE OF THE PRISONER’S COUNSEL, AND BY THE AFFIDAVIT OF THE PRISONER, WHICH AFFIDAVITS ARE FILED IN THE PAPERS, WHICH MOTION BEING CONSIDERED BY THE COURT IS ALLOWED, AND THE TRIAL IS CONTINUED UNTIL THE NEXT TERM. THEREUPON, THE PRISONER IS REMANDED TO JAIL."

===================================Page 235===================================

AUGUST TERM 1866

"B.S. HAYES, GEORGE R. LEMASTER, ASA JOHNSON, LUTHER LITCHFIELD, EZEKIEL METZEL, ELISHA LITCHFIELD, C.E. LEWIS, MISS VIRGINIA YOUNGER, CHARLES H. YOUNGER SR., AND JAMES H. MILLER, CAME INTO COURT AND ACKNOWLEDGED THEMSELVES TO BE (unreadable word) INDEBTED TO THE STATE OF WEST VIRGINIA IN THE SUM OF $100 EACH, OF THEIR RESPECTIVE LANDS AND TENEMENTS, GOODS AND CHATTELS TO BE LEVIED, AND FOR THE USE OF THE SAID STATE RENDERED, YET UPON THIS CONDITION, THAT IF THE SAID B.S. HAYES, GEORGE R. LEMASTER, ASA JOHNSON, LUTHER LITCHFIELD, EZEKIEL METZEL, ELISHA LITCHFIELD, C.E. LEWIS, MISS VIRGINIA YOUNGER, CHARLES H. YOUNGER SR., AND JAMES H. MILLER SHALL (unreadable word) MAKE THEIR PERSONAL APPEARANCE BEFORE THE JUDGE OF THIS COURT ON THE FIRST DAY OF THE NEXT TERM THEREOF, TO GIVE EVIDENCE ON BEHALF OF THE STATE AGAINST CHARLES H. YOUNGER, CHARGED WITH MURDER, AND SHALL NOT DEPART THENCE WITHOUT THE LEAVE OF SAID COURT, THEN THIS RECOGNIZANCE IS TO BE VOID."

====================================Page 258===================================

OCTOBER TERM 1866

CHARLES H. YOUNGER, JR. WAS THIS DAY LED TO THE BAR IN CUSTODY OF THE JAILOR, AND THEREUPON BY HIS ATTORNEY MOVED THE COURT FOR A CONTINUANCE OF THE TRIAL UNTIL THE NEXT TERM, WHICH MOTION WAS SUPPORTED BY THE WRITTEN AFFIDAVIT OF THE PRISONER AND FILED WITH THE PAPERS, WHICH MOTION BEING CONSIDERED BY THE COURT IS ALLOWED AND THE TRIAL OF THE CAUSE CONTINUED UNTIL THE NEXT TERM AND THEREUPON THE SAID CHARLES H. YOUNGER IS REMANDED TO JAIL."

===================================Page 258====================================

OCTOBER TERM 1866

"B.S. HAYES, GEORGE R. LEMASTER, ASA JOHNSON, LUTHER LITCHFIELD, EZEKIEL METZEL, ELISHA LITCHFIELD, C.E. LEWIS, MISS VIRGINIA YOUNGER, CHARLES H. YOUNGER SR., AND JAMES H. MILLER CAME INTO COURT AND ACKNOWLEDGED THEMSELVES TO OWE AND BE INDEBTED TO THE STATE OF WEST VIRGINIA IN THE SUM OF $100. EACH OF THEIR RESPECTIVE LANDS AND TENEMENTS, GOODS AND CHATTELS TO BE LEVIED, AND FOR THE USE OF THE SAID STATE RENDERED, YET UPON THIS CONDITION, THAT IF THE SAID B.S. HAYES, GEORGE R. LEMASTER, ASA JOHNSON, LUTHER LITCHFIELD, EZEKIEL METZEL, ELISHA LITCHFIELD, C.E. LEWIS, MISS VIRGINIA YOUNGER, CHARLES H. YOUNGER SR., AND JAMES H. MILLER SHALL MAKE THEIR PERSONAL APPEARANCE BEFORE THE JUDGE OF THIS COURT ON THE FIRST DAY OF THE NEXT TERM THEREOF, TO GIVE EVIDENCE ON BEHALF OF THE STATE AGAINST CHARLES H. YOUNGER, CHARGED WITH MURDER, AND SHALL NOT DEPART THENCE WITHOUT THE LEAVE OF SAID COURT, THEN THIS RECOGNIZANCE IS TO BE VOID."

===================================Page 289===================================

FEBRUARY TERM 1867 (MONDAY, 25 FEBRUARY 1867)

IT APPEARING TO THE COURT THAT THE PROSECUTING ATTORNEY HAD BEEN ACTING AS ATTORNEY FOR THE DEFENDANT, YOUNGER, BEFORE HIS QUALIFICATIONS AS PROSECUTING ATTORNEY, WHEREUPON ON HIS SUGGESTION, THE COURT APPOINTED CHARLES P.T. MOORE AND T.B. KLINE TO ATTEND TO THE PROSECUTION OF THIS CASE ON BEHALF OF THE STATE."

====================================Page 292===================================

FEBRUARY TERM 1867 (WEDNESDAY, 27 FEB 1867)

(Entire entry has been lined out after it was entered)

THE PRISONER, THE SAID CHARLES H. YOUNGER, JR., WAS LED TO THE BAR AND HAVING BEEN ARRAIGNED AT A FORMER TERM OF THIS COURT AND HAVING PLED NOT GUILTY AT THE TERM AFORESAID, HE THREW HIMSELF UPON THE COURT. A JURY WAS THEN EXAMINED AND SWORN, ACCORDING TO LAW, AS FOLLOWS TO WIT: AUSTIN MEADOWS, WESLEY CHAPMAN, JAMES TERRY, JOHN F. JORDON, DAVID SMITH, MALLORY CHAPMAN, WILLIAM LEWIS, JAMES W. PEARSON, WILLIAM F. WALLACE, P.B. SHIVELY, JOHN PAULINE, L.M. GIBSON, AND THE COUNSEL NOT BEING READY TO PROCEED WITH THE CASE AT ONCE THEY WERE ADJOURNED UNTIL 2 O’CLOCK PM AND THE PRISONER REMANDED TO JAIL."

=====================================Page 293===================================

FEBRUARY TERM 1867 (THURSDAY, 28 FEB 1867)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED OF MURDER AND WAS HERETOFORE ARRAIGNED THEREOF AND PLEADED NOT GUILTY TO THE INDICTMENT, WAS AGAIN LED TO THE BAR IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THEREUPON, CAME A JURY TO WIT: AUSTIN MEADOWS, WESLEY CHAPMAN, JAMES TERRY, JOHN F. JORDON, DAVID SMITH, MALLORY CHAPMAN, WILLIAM LEWIS, JAMES W. PEARSON, WILLIAM F. WALLACE, P.B. SHIVELY, JOHN PAULINE, L.M. GIBSON. AND THE JURY SWORN YESTERDAY FOR HIS TRIAL WERE BROUGHT INTO COURT BY THE SHERIFF OF THIS COUNTY AND HAVING FURTHER HEARD THE EVIDENCE WERE WITH THE CONSENT OF THE SAID CHARLES H. YOUNGER, JR., RECOMMITTED TO THE CUSTODY OF THE SAID SHERIFF WHO IS DIRECTED TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSON AND TO CAUSE THEM TO APPEAR HERE BEFORE THE COURT TOMORROW MORNING AT 9 O’CLOCK, WHEREUPON AN OATH WAS ADMINISTERED TO THE SAID SHERIFF AND JAILOR OF THIS COUNTY TO THE FOLLOWING EFFECT: YOU SHALL WELL AND TRULY KEEP THIS JURY TO THE BEST OF YOUR ABILITY AND NEITHER SPEAK TO THEM YOURSELF, NOR SUFFER ANYONE ELSE TO SPEAK TO THEM TOUCHING ANY MATTER RELATIVE TO THIS TRIAL UNTIL THEY RETURN INTO COURT TOMORROW AND THE SAID CHARLES H. YOUNGER IS REMANDED TO JAIL."

=================================Pages 294 - 295================================

FEBRUARY TERM 1867 (FRIDAY, 01 MARCH 1867)

"CHARLES H. YOUNGER, LATE OF MASON COUNTY, W.VA., WHO STANDS INDICTED FOR MURDER AND WAS HERETOFORE ARRAIGNED THEREOF AND PLEADED NOT GUILTY AS IN THE INDICTMENT CHARGED, WAS AGAIN LED TO THE BAR IN CUSTODY OF THE JAILOR OF THIS COUNTY. THEREUPON CAME A JURY TO WIT: AUSTIN MEADOWS, WESLEY CHAPMAN, JAMES TERRY, JOHN F. JORDON, DAVID SMITH, MALLORY CHAPMAN, WILLIAM LEWIS, JAMES W. PEARSON, WILLIAM F. WALLACE, P.B. SHIVELY, JOHN PAULINE, L.M. GIBSON AND THIS SAID JURY, BEING SWORN HERETOFORE, WERE BROUGHT INTO COURT BY THE SHERIFF OF THIS COUNTY AND, HAVING HEARD THE EVIDENCE, WERE, WITH THE CONSENT OF THE SAID CHARLES H. YOUNGER, RECOMMITTED TO THE SHERIFF, WHO IS DIRECTED TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSON AND TO CAUSE THEM TO APPEAR BEFORE THE COURT TOMORROW MORNING AT 9 O’CLOCK, WHEREUPON AN OATH WAS ADMINISTERED TO SAID SHERIFF AND JAILOR OF THIS COUNTY TO THE FOLLOWING EFFECT, TO WIT: YOU SHALL WELL AND TRULY, TO THE BEST OF YOUR ABILITY, KEEP THIS JURY AND NEITHER SPEAK TO THEM YOURSELVES NOR SUFFER ANY OTHER PERSON TO SPEAK TO THEM TOUCHING ANY MATTER RELATING TO THIS TRIAL UNTIL THEY RETURN INTO COURT TOMORROW AND THE SAID CHARLES H. YOUNGER IS REMANDED TO JAIL."

====================================Page 296===================================

FEBRUARY TERM 1867 (SATURDAY, 02 MARCH 1867)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER, AND HAVING BEEN HERETOFORE ARRAIGNED THEREOF AND PLEADED NOT GUILTY TO THE INDICTMENT AS CHARGED, WAS AGAIN LED TO THE BAR, IN CUSTODY OF THE JAILOR, WHEREUPON CAME AUSTIN MEADOWS AND ELEVEN OTHER GOOD AND LAWFUL MEN AS THE JURY, SWORN AS HERETOFORE SLATED FOR THE TRIAL OF THIS CAUSE AND THE EVIDENCE, HAVING ALL BEEN HEARD AND PART OF THE PLEADINGS MADE WERE WITH THE CONSENT OF THE SAID CHARLES H. YOUNGER RECOMMITTED TO THE SHERIFF, WHO IS DIRECTED TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSON AND TO CAUSE THEM TO APPEAR BEFORE THE COURT TOMORROW MORNING AT 8 O’CLOCK.

WHEREUPON AN OATH WAS ADMINISTERED TO SAID SHERIFF AND HIS DEPUTY TO THE FOLLOWING TO WIT:

YOU SHALL WELL AND TRULY, TO THE BEST OF YOUR ABILITY, KEEP THE JURY AND NEITHER SPEAK TO THEM YOURSELVES, NOR SUFFER ANY OTHER PERSON TO SPEAK TO THEM TOUCHING ANY RELATIVE TO THIS TRAIL UNTIL THEY RETURN INTO COURT TOMORROW MORNING.

BY ORDER, THIS COURT IS ADJOURNED UNTIL TOMORROW MORNING AT 8 O’CLOCK.

(signed by) L.W. HOGE"

===================================Page 298===================================

FEBRUARY TERM 1867 (SUNDAY, 03 MARCH 1867)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER, AND HAVING BEEN HERETOFORE ARRAIGNED THEREOF AND PLEADED NOT GUILTY AS IN THE INDICTMENT CHARGED, WAS AGAIN LED TO THE BAR IN CUSTODY OF THE JAILOR OF THIS COUNTY, WHEREUPON CAME AUSTIN MEADOWS AND ELEVEN OTHER GOOD AND LAWFUL MEN AS THE JURY HERETOFORE SWORN TO TRY THE PRISONER AT THE BAR AND THE PLEADINGS, HAVING CLOSED, THE SAID JURY RETIRED TO THEIR ROOM TO CONSIDER THE MATTER AND MAKE UP THEIR VERDICT, AND AFTER A SHORT TIME, THEY RETURNED INTO COURT, HAVING AGREED UPON A VERDICT, AS FOLLOWS, TO WIT: THAT WE FIND THE PRISONER, CHARLES H. YOUNGER, GUILTY OF MURDER IN THE FIRST DEGREE, AS ALLEGED IN THE INDICTMENT, WHEREUPON THE JURY WAS DISCHARGED AND THE PRISONER REMANDED TO JAIL. ORDERED THAT THIS COURT BE ADJOURNED UNTIL MONDAY MORNING 9 O’CLOCK.

(signed by) L.W. HOGE"

===================================Page 302===================================

FEBRUARY TERM 1867 (Undated)

CHARLES H. YOUNGER, WHO STANDS CONVICTED OF MURDER IN THE FIRST DEGREE, WAS AGAIN LED TO THE BAR IN CUSTODY OF THE SHERIFF (The word, "Sheriff" has been lined out) JAILOR OF THIS COUNTY AND THEREUPON IT BEING DEMANDED OF HIM, IF ANYTHING FOR HIMSELF HE HAD OR KNEW WHAT TO SAY WHY THE COURT HERE, TO JUDGEMENT AND EXECUTION AGAINST HIM OF AND UPON THE PREMISES, SHOULD NOT PROCEED. HE, THE SAID CHARLES H. YOUNGER, SAID NOTHING BUT WHAT HE HAD SAID, AND THEREUPON IN PURSUANCE OF THE VERDICT WHICH HAS BEEN RENDERED BY THE JURY AND THE LAW, AIDING UPON THAT VERDICT, IT IS CONSIDERED AND ADJUDGED BY THE COURT THAT CHARLES H. YOUNGER, ON FRIDAY THE 19^TH DAY OF APRIL 1867 BETWEEN THE HOURS OF TEN IN THE FORENOON AND THREE IN THE AFTERNOON OF THAT DAY BE TAKEN BY THE SHERIFF OF THIS COUNTY TO THE PLACE PREPARED FOR HIS EXECUTION AND THERE HUNG BY THE NECK UNTIL HE IS DEAD AND, THERE NOT BEING AROUND THE JAIL OF THIS COUNTY A YARD OF SUFFICIENT SIZE ENCLOSED BY A WALL, IT IS CONSIDERED AND ORDERED THAT THE SHERIFF OF THIS COUNTY, AS THE OFFICER OF THE COURT, DO, AT SOME CONVENIENT PLACE WITHIN THIS COUNTY AND IN THE VICINITY OF THE COURT HOUSE THEREOF ON THE DAY AND YEAR WITHIN THE HOURS AFORESAID, CARRY OUT AND EXECUTE THIS SENTENCE AND JUDGEMENT. MY HEARTFELT PRAYER IS MAY GOD, IN HIS INFINITE GOODNESS, HAVE MERCY ON YOUR SOUL."

===================================Page 398===================================

APRIL TERM 1867 (Undated)

THE PRISONER, BEING IN INDIGENT CIRCUMSTANCES UNABLE TO EMPLOY COUNSEL, IT IS ORDERED THAT JOHN W. PHELPS, N. SIMPSON, PERRY SIMPSON, FRANK A. GUTHRIE, AND J.W. ENGLISH BE APPOINTED TO ATTEND TO MAKING THE DEFENSE OF SAID PRISONER."

================================Pages 401 - 402================================

APRIL TERM 1868 (Undated)

"WEST VIRGINIA

AT A SUPERIOR COURT OF APPEALS OF THIS STATE, HELD AT THE CITY OF WHEELING ON THE 29^TH DAY OF FEBRUARY ,1868.

CHARLES H. YOUNGER, JR., vs. THE STATE OF WEST VIRGINIA – UPON A WRIT OF ERROR TO A JUDGEMENT OF THE CIRCUIT COURT OF MASON COUNTY RENDERED ON THE 5^TH DAY OF MARCH 1867.

THE TRANSCRIPT OF THE RECORD OF THE JUDGEMENT, AFORESAID HAVING BEEN SEEN AND INSPECTED BY THE COURT AND THE SAME MATURELY CONSIDERED TOGETHER WITH THE AGREEMENTS OF COUNSEL, THEREUPON THE COURT IS OF OPINION FOR REASONS STATED IN WRITING AND FILED WITH THE RECORD THAT THE SAID JUDGEMENT IS ERRONEOUS AND MUST BE REVERSED. THEREFORE, IT IS CONSIDERED BY THE COURT THAT THE SAID JUDGEMENT OF THE CIRCUIT COURT AFORESAID BE REVERSED, THE VERDICT SAT ASIDE, AND A NEW TRIAL AWARDED THE PRISONER. UPON THE PRINCIPLES LAID DOWN IN SAID WRITTEN OPINION WHICH IS ORDERED TO BE CERTIFIED TO THE CIRCUIT COURT OF MASON COUNTY.

===================================Page 402====================================

APRIL TERM 1868 (Undated)

THIS DAY CAME THE PARTIES BY THEIR ATTORNEYS AND FOR REASONS APPEARING TO THE COURT IT IS ORDERED THAT THIS CAUSE BE CONTINUED UNTIL THE NEXT TERM ON MOTION OF THE DEFD."

====================================Page 403===================================

APRIL TERM 1868 (Undated)

"CHARLES H. YOUNGER, SR., ELISHA LITCHFIELD, VIRGINIA YOUNGER, B.S. HAYES, J.H. MILLER, LUTHER LITCHFIELD, NANCY LITCHFIELD, GEO. R. LEMASTER, JONATHAN HILL AND ISA JOHNSON THIS DAY ENTERED INTO A RECOGNIZANCE IN THE PENALTY OF ONE HUNDRED DOLLARS EACH TO APPEAR BEFORE THE JUDGE OF THE CIRCUIT COURT OF MASON COUNTY ON THE FIRST DAY OF THE NEXT TERM THEREOF TO GIVE EVIDENCE IN BEHALF OF THE STATE IN HER PROSECUTION AGAINST CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER.

===================================Page 418===================================

AUGUST TERM 1868 (THURSDAY, 27 AUGUST 1868)

(Entire entry has been lined out)

CHARLES H. YOUNGER, THE DEFENDANT IN THIS CAUSE, WHO STANDS INDICTED FOR MURDER AND WAS HERETOFORE ARRAIGNED THEREOF, WHERE ARRAIGNED AND PLEADED NOT GUILTY TO THE INDICTMENT WAS THIS DAY AGAIN LED TO THE BAR IN CUSTODY OF THE SHERIFF OF MASON COUNTY AND THEREUPON CAME A JURY TO WIT: ARTHUR EDWARDS, WILLIAM (unreadable word), S.H. (unreadable word), S.S. BOYER, JOHN C. LEMASTER, JOSHUA CLARKE, E.P. KOONTZ, LOYAL M. BOYLS, A.W. ROLLINS, JAMES W. SMITH, WILLIAM R. HAWKINS & JAMES A. SLOAN, TWELVE GOOD AND LAWFUL MEN SELECTED BY LOT, AS LAW DIRECTS, IN TRIALS OF FELONIOUS OFFENSES AND SWORN THE TRUTH TO SPEAK OF AND UPON THE PREMISES, ACCORDING TO THE LAW AND THE EVIDENCE USED AFTER HEARING PART OF THE TESTIMONY, THERE NOT BEING SUFFICIENT TIME TO CONCLUDE THE TRIAL THE JURY WITH THE CONSENT OF THE PRISONER WERE COMMITTED TO THE CUSTODY OF THE SHERIFF OF THIS COUNTY AND HIS DEPUTIES WHO WERE DIRECTED TO KEEP THEM TOGETHER WITHOUT COMMUNICATIONS WITH ANY PERSON OR PERSONS AND TO CAUSE THEM TO APPEAR BEFORE THIS COURT TOMORROW MORNING AT 9 O’CLOCK, WHEREFORE AN OATH WAS ADMINISTERED TO THE SAID SHERIFF AND DEPUTIES AS FOLLOWS, TO WIT: YOU SHALL WELL AND TRULY, TO THE BEST OF YOUR ABILITY, KEEP THIS JURY AND NEITHER SPEAK TO THEM YOURSELVES, NOR SUFFER ANY OTHER ONE TO SPEAK TO THEM TOUCHING ANY MATTER RELATING TO THIS TRIAL UNTIL THEY RETURN INTO COURT TOMORROW MORNING AND THE SAID CHARLES H. YOUNGER, JR., IS REMANDED TO JAIL."

===================================Page 421===================================

AUGUST TERM 1868 (FRIDAY, 28 AUGUST 1868)

CHARLES H. YOUNGER, THE DEFENDANT IN THIS CAUSE, WHO STANDS INDICTED FOR MURDER AND WAS HERETOFORE ARRAIGNED THEREOF AND WHEN ARRAIGNED, PLEADED NOT GUILTY TO THE INDICTMENT WAS THIS DAY AGAIN LED TO THE BAR IN CUSTODY OF THE SHERIFF OF MASON COUNTY AND BY HIS COUNSEL TENDERED TWO ADDITIONAL PLEAS IN WRITING WHICH ARE MARKED NO.’S 1 & 2, WHICH PLEAS BEING OBJECTED TO BEING CONSIDERED BY THE COURT, ARE REJECTED TO WHICH OPINION AND DECISION OF THE COURT THE PRISONER, BY HIS COUNSEL, TENDERED A BILL OF EXCEPTIONS WHICH EXCEPTIONS ARE SIGNED, SEALED AND SAVED TO HIM AND MADE A PART OF THE RECORD IN THIS CAUSE."

===================================Page 425===================================

AUGUST TERM 1868 (SATURDAY, 29 AUGUST 1868)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER WAS AGAIN LED TO THE BAR OF THIS COURT IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THE JURY, SWORN ON A FORMER DAY FOR THE TRIAL OF THIS CAUSE, WERE BROUGHT INTO COURT IN CUSTODY OF THE SHERIFF OF THIS COUNTY AND AFTER HAVING FULLY HEARD THE EVIDENCE AND PART OF THE ARGUMENT OF COUNSEL, THERE NOT BEING SUFFICIENT TIME TO CONCLUDE, THE JURY AS AFORESAID WITH CONSENT OF THE PRISONER, CHARLES H. YOUNGER, WERE RECOMMITTED TO THE CUSTODY OF THE SHERIFF OF THIS COUNTY, WHO IS DIRECTED TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSONS AND TO CAUSE THEM TO APPEAR IN THIS COURT TOMORROW MORNING AT 9 O’CLOCK.

WHEREUPON AN OATH WAS ADMINISTERED TO COLUMBUS SHREWSBERRY, SHERIFF OF THIS COUNTY, AND JOHN S. MILLER AND BARRY J. ROLLINS, HIS DEPUTIES, AND HUTCHINSON McDANIEL, THE JAILOR OF THIS COUNTY TO THE FOLLOWING EFFECT TO WIT: YOU SHALL WELL AND TRULY, TO THE BEST OF YOUR ABILITY, KEEP THIS JURY AND NEITHER SPEAK TO THEM YOURSELVES, NOR SUFFER ANY OTHER PERSON TO SPEAK TO THEM TOUCHING ANY MATTER RELATING TO THIS TRIAL UNTIL THEY RETURN INTO COURT TOMORROW MORNING AND THE SAID PRISONER IS REMANDED TO JAIL."

===================================Page 428===================================

AUGUST TERM 1868 (SUNDAY, 30 AUGUST 1868)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER WAS THIS DAY AGAIN LED TO THE BAR OF THIS COURT IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THE JURY, HERETOFORE SWORN ON A FORMER DAY FOR THE TRIAL OF THIS CAUSE WERE AGAIN BROUGHT INTO COURT IN CUSTODY OF THE SHERIFF OF THIS COUNTY AND AFTER HEARING ALL THE ARGUMENT OF COUNSEL, THERE NOT BEING SUFFICIENT TIME TO CONSIDER OR MAKE UP AND RENDER THEIR VERDICT, WERE BY THE CONSENT OF THE PRISONER, CHARLES H. YOUNGER, JR., RECOMMITTED TO THE CUSTODY OF THE AFORESAID SHERIFF AND HIS DEPUTIES WITH INSTRUCTIONS TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSONS AND TO CAUSE THEM TO APPEAR IN THIS COURT MONDAY MORNING AT 9 O’CLOCK.

WHEREUPON THE FOLLOWING OATH WAS ADMINISTERED TO COLUMBUS SHREWSBERRY, SHERIFF OF THIS COUNTY, AND JOHN S. MILLER AND B.J. ROLLINS, HIS DEPUTIES, AND HUTCHINSON McDANIEL, THE JAILOR OF THIS COUNTY TO WIT: YOU SHALL WELL AND TRULY KEEP THIS JURY, TO THE BEST OF YOUR ABILITY, YOU SHALL HOLD NO COMMUNICATIONS WITH THEM YOURSELVES, NOR SUFFER ANY OTHER PERSON TO DO SO TOUCHING ANY MATTER RELATING TO THIS TRIAL UNTIL THEY RETURN INTO COURT AND THE PRISONER IS AGAIN REMANDED TO JAIL.

ORDERED THAT THIS COURT BE ADJOURNED UNTIL MONDAY MORNING AT 9 O’CLOCK.

(SIGNED BY) L.W. HOGE"

===================================Page 432====================================

AUGUST TERM 1868 (MONDAY, 31 AUGUST 1868)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER WAS THIS DAY AGAIN LED TO THE BAR OF THIS COURT IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THE JURY, HERETOFORE SWORN TO TRY THIS CAUSE WAS AGAIN BROUGHT INTO COURT IN CUSTODY OF THE SHERIFF OF MASON COUNTY AND WERE AGAIN SENT TO THEIR ROOM TO CONSIDER FURTHER OF AND MAKE UP THEIR VERDICT, BUT THE SAID JURY, BEING UNABLE TO MAKE UP THEIR VERDICT, WERE BY CONSENT OF THE PRISONER, AGAIN COMMITTED TO THE CUSTODY OF THE AFORESAID SHERIFF AND HIS DEPUTIES WITH INSTRUCTIONS TO KEEP THEM TOGETHER WITHOUT COMMUNICATION WITH ANY OTHER PERSON OR PERSONS AND TO CAUSE THEM TO APPEAR AGAIN IN THIS COURT ON TOMORROW MORNING AT 9 O’CLOCK.

WHEREUPON THE FOLLOWING OATH WAS ADMINISTERED TO COLUMBUS SHREWSBERRY, SHERIFF OF THIS COUNTY, AND JOHN W. MILLER AND B.J. ROLLINS, HIS DEPUTIES, AND HUTCHINSON McDANIEL, JAILOR OF THIS COUNTY TO THE FOLLOWING EFFECT TO WIT: YOU SHALL WELL AND TRULY KEEP THIS JURY TO THE BEST OF YOUR ABILITY, YOU SHALL HOLD NO COMMUNICATION WITH THEM YOURSELVES NOR SUFFER ANY OTHER PERSON TO DO SO TOUCHING ANY MATTER RELATING TO THIS TRIAL UNTIL THEY RETURN AGAIN INTO COURT AND THE SAID CHARLES H. YOUNGER IS REMANDED TO JAIL."

===================================Page 440====================================

AUGUST TERM 1868 (TUESDAY, 01 SEPTEMBER 1868)

"CHARLES H. YOUNGER, JR., WHO STANDS INDICTED FOR MURDER WAS THIS DAY LED INTO COURT AGAIN IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THE JURY, HERETOFORE SWORN ON A FORMER DAY TO TRY THIS CAUSE, WAS AGAIN BROUGHT INTO COURT IN CUSTODY OF THE SHERIFF OF THIS COUNTY AND WERE AGAIN SENT TO THEIR ROOM TO CONSIDER FURTHER OF THEIR VERDICT AND AFTER SOME TIME, THEY RETURN INTO COURT AND UPON THEIR OATH SAY, WE, THE JURY, FIND CHARLES H. YOUNGER, JR., GUILTY OF MURDER IN THE FIRST DEGREE WHEREUPON THEY ARE DISCHARGED AND THE PRISONER IS REMANDED TO JAIL."

=====================================Page 445================================

AUGUST TERM 1868 (THURSDAY, 03 SEPTEMBER 1868)

"CHARLES H. YOUNGER, JR., WHO STANDS CONVICTED OF MURDER, WAS THIS DAY AGAIN LED INTO COURT IN CUSTODY OF THE JAILOR OF THIS COUNTY AND THEREUPON IT BEING DEMANDED OF HIM IF ANYTHING FOR HIMSELF HE HAD TO SAY WHY THE COURT HERE TO JUDGEMENT AND EXECUTION AGAINST HIM OF AND UPON THE PREMISES SHOULD NOT PROCEED. HE, THE SAID CHARLES H. YOUNGER, JR., SAID NOTHING BUT WHAT HE HAD SAID. THEREUPON, THE COURT PROCEEDED TO PRONOUNCE THE FOLLOWING SENTENCE, TO WIT: IN PURSUANCE OF THE VERDICT WHICH HAS BEEN RENDERED BY THE JURY AND THE LAW ARISING UPON THAT VERDICT, IT IS CONSIDERED AND ADJUDGED BY THE COURT THAT YOU, CHARLES H. YOUNGER, JR., ON FRIDAY, THE 16^TH DAY OF OCTOBER, 1868, BETWEEN THE HOURS OF TEN IN THE MORNING AND THREE IN THE AFTERNOON OF THAT DAY, BE TAKEN BY THE SHERIFF OF THIS COUNTY TO THE PLACE PREPARED FOR YOUR EXECUTION AND THERE HANGED BY THE NECK UNTIL YOU ARE DEAD. AND THERE NOT BEING AROUND THE JAIL OF THIS COUNTY, A YARD OF SUFFICIENT SIZE, ENCLOSED BY A WALL, IT IS FURTHER CONSIDERED AND ORDERED THAT THE SHERIFF OF THIS COUNTY, AS THE OFFICER OF THIS COURT, DO, AT SOME CONVENIENT PLACE WITHIN THIS COUNTY AND IN THE VICINITY OF THE COURTHOUSE THEREOF, ON THE DAY AND YEAR AND WITHIN THE HOURS AFORESAID CARRY OUT AND EXECUTE THIS SENTENCE AND JUDGEMENT."

===================================Page 449======================================

AUGUST TERM 1868 (FRIDAY, 18 SEP 1868)

"ORDERED THAT THIS COURT BE ADJOURNED UNTIL THE FIRST DAY OF THE NEXT TERM.

(SIGNED BY) L.W. HOGE""

====================================Pages 449 & 450===============================

BETWEEN TERMS 1868 (THURSDAY, 15 OCTOBER 1868)

"AN ENTRY MADE IN VACATION, TO WIT: ON THE 15^TH DAY OF OCTOBER 1868

"EXECUTIVE DEPARTMENT

OCTOBER 7^TH, 1868

IT APPEARING TO ARTHUR J. BOREMAN, GOVERNOR OF THE STATE OF WEST VIRGINIA, THAT AT THE AUGUST TERM 1868 OF THE CIRCUIT COURT OF THE COUNTY OF MASON IN SAID STATE, ONE CHARLES H. YOUNGER, JR. WAS CONVICTED OF MURDER IN THE FIRST DEGREE AND ADJUDGED AND SENTENCED BY THE SAID COURT TO BE HUNG ON THE 16^TH DAY OF OCTOBER, 1868, UNTIL HE IS DEAD, AND IT BEING REPRESENTED IN A PAPER ADDRESSED TO THE GOVERNOR AND SIGNED BY ELEVEN MEMBERS OF THE JURY THAT TRIED THE SAID CASE, THE CLERK OF THE COURT, THE PROSECUTING ATTORNEY, SHERIFF, RECORDER, AND OTHER OFFICERS, AND MOST INTELLIGENT CITIZENS OF THE SAID COUNTY OF MASON, THAT SAID YOUNGER IS SO WEAK AND IMBECILE IN MIND THAT IN THEIR OPINION, HE IS NOT POSSESSED OF SUFFICIENT CAPACITY TO ENABLE HIM TO DELIBERATE AND PREMEDITATE, SO AS TO BE GUILTY OF THE CRIME OF MURDER IN THE FIRST DEGREE AND WHICH SAID JURY, OFFICERS AND PERSONS URGENTLY RECOMMEND AND THE SAID CHARLES H. YOUNGER, JR. IN WRITING PETITIONS FOR A COMMUTATION OF THE SENTENCE OF DEATH AFORESAID TO A LONG TERM OF CONFINEMENT IN THE PENITENTIARY, BUT THE FACTS DO NOT SUFFICIENTLY APPEAR BEFORE THE GOVERNOR TO ENABLE HIM TO ACT INTELLIGENTLY AND FINALLY ON SAID RECOMMENDATION. THEREFORE, IN ORDER THAT THE FACTS MAY BE MORE FULLY OBTAINED AND CONSIDERED AND A BETTER AND MORE INTELLIGENT DECISION ARRIVED AT, IT IS ORDERED BY SAID ARTHUR J. BOREMAN, GOVERNOR AS AFORESAID, THAT THE SAID JUDGEMENT AND SENTENCE OF DEATH BE AND THE SAME IS HEREBY SUSPENDED AND THE SAID CHARLES H. YOUNGER, JR. REPRIEVED THEREFORE AND FROM THE EXECUTION THEREOF, UNTIL FRIDAY THE TWENTY SEVENTH DAY OF NOVEMBER, A.D. 1868, WHEN THE SAME SHALL BE CARRIED INTO EXECUTION BETWEEN THE SAME HOURS OF SAID LAST MENTIONED DAY AS IS SET FORTH IN SAID JUDGEMENT AND SENTENCE AND BY THE SAME OFFICER AS IS THEREIN SET FORTH AND THE SHERIFF OF SAID COUNTY OF MASON AND ALL OTHER OFFICERS ARE REQUIRED TO TAKE NOTICE HEREOF AND ACT ACCORDINGLY, AND IT IS FURTHER ORDERED THAT THE CLERK OF THE CIRCUIT COURT OF SAID COUNTY OF MASON ENTER THIS ORDER IN THE LAW ORDER BOOK OF THIS COURT NEXT AFTER THE ORDER OF THE LAST TERM THEREOF."

===================================Page 476===================================

OCTOBER TERM 1868 (Undated)

"ORDERED THAT THIS COURT DO NOW ADJOURN UNTIL THE FIRST DAY OF THE NEXT TERM.

(Signed by) L.W. HOGE"

================================Pages 476 & 477================================

BETWEEN TERMS 1868 (WEDNESDAY, 25 NOVEMBER 1868)

"AN ENTRY MADE IN VACATION, TO WIT: ON THE 25^TH DAY OF NOVEMBER 1868

AT THE TERM OF THE CIRCUIT COURT OF MASON COUNTY WHICH COMMENCED ON THE 25^TH DAY OF AUGUST, 1868, CHARLES H. YOUNGER, JR., WAS CONVICTED OF MURDER IN THE FIRST DEGREE FOR THE KILLING OF CLARISSA YOUNGER AND AT THE SAME TERM WAS ADJUDGED AND SENTENCED TO BE HANGED THEREFORE ON THE 16^TH DAY OF OCTOBER, 1868, FOR CAUSE SHOWN TO THE GOVERNOR, HE REPRIEVED THE SAID CHARLES H. YOUNGER, JR., AND SUSPENDED THE EXECUTION OF SAID SENTENCE UNTIL THE 27^TH DAY OF NOVEMBER, 1868. AS APPEARS FROM AN ORDER ENTERED INTO THE RECORD OF EXECUTIVE ACTS. AND NOW, ON THIS 19^TH DAY OF NOVEMBER, 1868, THE PETITION OF SAID CHARLES H. YOUNGER, JR., IN DUE FORM IS PRESENTED TO THE GOVERNOR PRAYING THAT THE SAID SENTENCE MAY BE COMMUTED TO CONFINEMENT IN THE PENITENTIARY OF THIS STATE FOR SUCH TERM AS TO THE GOVERNOR MAY SEEM FIT AND WHICH PETITION IS ACCOMPANIED BY A COPY OF THE RECORD IN THE CASE, BY A STATEMENT OF SUBSTANCE OF THE EVIDENCE GIVEN ON THE TRIAL CERTIFIED AS CORRECT BY THE ATTORNEYS WHO PROSECUTED FOR THE STATE AND THE JUDGE WHO PRESIDED AT THE TRIAL AND BY A STATEMENT AND RECOMMENDATION SIGNED BY THE JURY WHO TRIED THE CASE AND FOUND THE VERDICT OF GUILTY AND BY A NUMBER OF OFFICERS AND CITIZENS OF THE COUNTY OF MASON WHO ARE FAMILIAR WITH THE CASEIN WHOSE INTELLIGENCE, SOUND JUDGEMENT AND HONEST, THE GOVERNOR REPOSES THE UTMOST CONFIDENCE. FROM WHICH IT APPEARS THAT THERE IS NO DOUBT OF THE FACT THAT THE SAID CHARLES H. YOUNGER, JR. COMMITTED THE DEED FOR WHICH HE HAS BEEN CONVICTED AND SENTENCED AS ABOVE SET FORTH, YET IT AS CLEARLY AND CONCLUSIVELY APPEARS THAT THE SAID CHARLES H. YOUNGER, JR. WAS AT THE TIME OF THE COMMITTING OF SAID DEED, AND STILL IS OF A WEAK AND IMBECILE MIND SO AS TO BE INCAPABLE OF THAT DELIBERATION AND PREMEDITATION WHICH ARE NECESSARY ELEMENTS TO CONSTITUTE THE CRIME OF MURDER IN THE FIRST DEGREE AND IN THE OPINION OF THE GOVERNOR, IT WOULD BE A GREAT WRONG TO TAKE THE LIFE OF THE PETITIONER FOR COMMITTING AN OFFENSE OF WHICH IT SO CLEARLY APPEARS HE IS INCAPABLE. IT IS, THEREFORE, ORDERED BY ARTHUR J. BOREMAN, GOVERNOR OF THE STATE OF WEST VIRGINIA, THAT THE SAID JUDGEMENT AND SENTENCE OF DEATH OF THE SAID CHARLES H. YOUNGER, JR. BE AND THE SAME IS HEREBY COMMUTED TO IMPRISONMENT IN THE PENITENTIARY OF THIS STATE FOR THE TERM OF FIFTEEN YEARS AND THAT HE BE CONFINED AND IMPRISONED IN SAID PENITENTIARY FOR THE SAID TERM IN LIEU OF THE EXECUTION OF THE JUDGEMENT AND SENTENCE OF DEATH AFORESAID; AND IT IS FURTHER ORDERED THAT THE SHERIFF OF MASON COUNTY; AS SOON AS MAY BE AFTER HE RECEIVES A COPY OF THIS ORDER SHALL CONVEY THE SAID CHARLES H. YOUNGER, JR. TO THE SAID PENITENTIARY AND DELIVER HIM TO THE SUPERINTENDENT THEREOF, WHO IS HEREBY ORDERED TO RECEIVE HIM THERE TO BE IMPRISONED AND TREATED IN ALL RESPECTS AS THE LAW DIRECTS FOR THE TERM AFORESAID AN THE SAID SHERIFF OF MASON COUNTY AND ALL OTHER OFFICERS ARE REQUIRED TO TAKE NOTICE HEREOF AND ACT ACCORDINGLY.

AND IT IS FURTHER ORDERED THAT THE CLERK OF THE CIRCUIT COURT OF SAID COUNTY OF MASON ENTER THIS ORDER IN THE LAW ORDER BOOK OF THE SAID COURT NEXT AFTER THE ORDERS OF THE LAST TERM THEREOF. AND THAT HE IMMEDIATELY THEREAFTER FURNISH THE SHERIFF OF SAID COUNTY A COPY OF THE SAME AS SO ENTERED.

STATE OF WEST VIRGINIA

OFFICE SECRETARY OF STATE

I, JOHN S. WITAKER, SECRETARY OF THE STATE AFORESAID, DO CERTIFY THAT THE FOREGOING IS A TRUE COPY AS TAKEN FROM THE EXECUTIVE ACTS, ON FILE IN MY SAID OFFICE. IN TESTIMONY WHEREOF I HAVE HEREWITH SET MY HAND IN MY SAID OFFICE THIS 19^TH DAY OF NOVEMBER, 1868.

(Signed by) JOHN S. WITAKER

SEC OF THE STATE"