James Fears - Owen County - 1879

Courtesy of Ewing Best, 9/10/2007

Commonwealth of Kentucky

Owen County Court

At an inquest held by J. W. Greene judge of Owen County at the courthouse in Owenton Ky on the 23rd day of October 1879 on motion of the County Attorney who represents that James Fears is a person of unsound mind It is ordered that a wn�t de lunatico inquirendo issue for the purpose of inquiring into the state of mind of the said James Fears and whether he has any estate, and if any, the nature and extent thereof, and such other matters and things as may then and there be given then in charge concerning the person and condition of the estate of said James Fears.  The Court thereupon appointed J. E. Elliston an attorney of this court counsel for the deft James Fears and the wn�t having been issued and the deft having been brought before the Court, a jury was sworn to inquire whether said James Fears is a person of unsound mind, and if so, whether he is an idiot or lunatic, and if he has lost his mind since his birth the cause thereof.  Also to inquire and state his birth and residence and whether he was brought into this state by any person for the purpose of becoming a charge upon this Commonwealth and by whom, and to find what estate and the value thereof he owns in possession, reversion or remainder and whether his parents are alive, where they reside and whether they have estate sufficient to support said James Fears and whether he is capable of laboring in whole or in part for his support.  And the jury having heard the evidence returned the following verdict  [ a few words not readable] the jury empanelled and sworn to inquire into the condition of mind of James Fears do say that he is a lunatic.  That he was first attacked or afflicted with lunacy about 25 years ago, having previously been of sound mind.  That the cause of his lunacy was probably grief at the loss of his wife � We find that he was born in Woodford County Ky and is now about 65 years old and a widower.  That he has no home but lives from hand to mouth in Owen County Ky.  That he has not been brought into this State by anyone for the purpose of becoming a charge upon the Commonwealth.  That he has no estate of any kind either in possession, ________ or remainder, that his parents are dead and that he is not capable of laboring either in whole or in part for his support.  Witness our hands this 23rd Oct 1879

W. G. Ransdall, W. L. Lancaster, I. E. Pace, G. S. Garnell,  T. D. Jump,  M.B. ______,

B. H. Sanders, G. W. Foster, A. T. Suter, J.A. Moore, B. W. Ransdall, G.C. Nash

[Note:  Jurors� names were difficult to transcribe in a few instances]

It is therefore considered by the Court that James Fears is a lunatic and he be confined in the Kentucky Lunatic Asylum at Lexington Ky until discharged by proper authority.  It is further hereby certified that the first attack of lunacy of said Jas Fears was about 25 years ago. And these facts are certified that he may receive attention at the said Asylum at the expense of the Commonwealth.

A copy

          Att:                                                             J. W. Greene

                                                                             Judge Owen County

Owenton Ky:    Nov 17th 1879

Sup�t Eastern Lunatic Asylum

                                                         We send herewith one James Fears who has been duly and legally adjudged a lunatic.  It appears from the evidence that he has been heretofore confined in your Asylum and that evidence of his discharge therefrom his reason has been again _________.  That his first attack was some 25 years ago � I can give nothing in addition to the facts certified in the judgement herewith transferred.

                                                                                 Respectfully

                                                                                 J.W. Greene County Judge

Johnson Ballard is hereby appointed to convey said James Fears to said Asylum with

____________  guard

                                                                               J.W. Greene

                                                                               Co Judge

Take Fears at once to Lexington.  The necessary papers have been forwarded to Lexington.