Muhlenberg County Kentucky
Circuit Court Records
Commonwealth of Kentucky v. Dr. R.T. Bailey
Page 58[?]
April Term, 6th day; 22 Day of April, 1933
Come the Grand Jury in the presence of the Grand Jury in the presence of their foreman and presented into open court the following named indictments to-wit:
Commonwealth of Kentucky vs. Dr. R.T. Bailey, Abortion, #6075, Bail $1000.00.
Commonwealth of Kentucky vs. Central City Water Service Company, Inc., Nuisance, #6076.
Commonwealth of Kentucky vs. Homer Corley, Operating Motor Vehicle while intoxicated, #6077, Bail $300.00.
Commonwealth of Kentucky vs. Homer Corley, C.C.D.W. #6078, Bail $200.00.
Commonwealth of Kentucky vs. Sam Clark Denson, Flourishing a deadly weapon, #6079, Bail $200.00.
Commonwealth of Kentucky vs. Bud Denson, Flourishing a deadly weapon, #6080, Bail $200.00.
Commonwealth of Kentucky vs. Ted Garrett and Riley Garrett, Drunk, #6081, Bail $100.00 each.
Commonwealth of Kentucky vs. Ted Garrett and Riley Garrett, Banding and confederating together, #6082, Bail $300.00 each.
Commonwealth of Kentucky vs. Henry Harris, C.C.D.W. #6083, Bail $200.00.
Commonwealth of Kentucky vs. Henry Harris, Drunk in a public place, #6084, [Bail] $100.00.
Commonwealth of Kentucky vs. Henry Harris, Shooting at without wounding with intent to kill, #6085, Bail $500.00.
Commonwealth of Kentucky vs. Henry B. McEuen and Iris Stobaugh, Aiding and abetting in crime of abortion, #6086, Bail $1000.00 each.
Commonwealth of Kentucky vs. Paul Stroud, Carnally knowing an infant under 18 years, #6087. Bail $750.00.
Commonwealth of Kentucky vs. Homer Taylor, Storehouse breaking, #6088.
Commonwealth of Kentucky vs. Homer Taylor, Railroad car breaking, #6089.
It is ordered by the court that each of said indictments be filed of record and that bench warrants issue thereon for each defendant, except those that are in jail as shown by minutes of examining trials, and that each defendant be allowed bail in the sum endorsed, and that bench warrants be returnable on the first day of the next term of this court.
It is further ordered by the court that summons issue thereon against the Central City Water Services Company, Inc., returnable on the first day of the next term of this court.
It appearing to the court that the Grand Jury will be unable to complete its labors during the first six days of this court; on motion of the foreman of the Grand Jury, it is ordered and adjudged by the court that said time of the Grand Jury be extended 2 days said settings to be the 7th and 8th days of this term of court.
It is ordered by the court that court adjourn until tomorrow morning at 9 o'clock.
Doyle Willis [signature] Judge
Page 18
September Term, 5th day; 8 day of September, 1933
Commonwealth of Kentucky, Plaintiff
vs. - Order #6075.
Dr. R.T. Bailey, Defendant.
This cause coming on for trial came the Commonwealth by its attorney and the defendant in person with his attorney and both sides announcing ready for trial came the following jury to-wit: W.C. Hall, Arthur Oates, A.L. Waggoner, Charles Baker, Luther Ham, Farley Bruce, Will DeCoursey, C.E. Hammonds, S.A. Tunstill, Henry Rager, J.U. Duvall, Dan Cates, who were duly sworn to try the issue joined the defendant having entered a plea of not guilty and waived formal arraignment.
On motion of the Commonwealth it is ordered by the court that Martha F. Lovell, official court reporter, take and report the evidence heard upon the trial of this case for which she is allowed the sum of $10.00 to be taxed as costs.
Came the defendant by attorney and demurrered to the indictment herein and this case being submitted to the court on said demurrer and the court being duly advised overruled said demurrer to which the defendant excepted.
There not being time to complete the trial of this case before the noon recess the jury was admonished by the court and allowed to go until one o'clock.
Came R.R. Perry, bondsman in this case and agreed to stand on the defendants bond during the pendency of this trial.
This cause coming on for further trial after the noon recess came the parties and the jury.
At the conclusion of the evidence offered by the Commonwealth came the defendant by attorney and moved the court for a peremptory instruction and this case being submitted to the court on said motion and the court being duly advised overruled said motion to which the defendant excepted.
At the conclusion of all the evidence offered the court gave to the jury instructions Nos. 1 & 2, and to the giving of each of said instructions the defendant excepted.
There not being time to complete the trial of this case today the jury was admonished by the court and allowed to go until tomorrow morning at 9 o'clock in the custody of H.H. Vincent, deputy sheriff, who was duly sworn as to his duties under the law.
On motion of the foreman of the Grand Jury, it is ordered by the court that a warrant of arrest issue for the Grand Jury witnesses, Iris Stobaugh, William Gibson, Ed Reno, Felix Puryear, returnable on the 6th day of this court and bond fixed for their appearance in the sum of $100.00 each.
Page 20
September Term, 6th day; 9 day of September, 1933
Commonwealth of Kentucky, Plaintiff
vs. - Order #6075
Dr. R.T. Bailey, Defendant.
This cause coming on for further trial came the parties and the jury.
There not being time to complete the trial of this case before the noon recess, the jury was admonished by the court and allowed to go in the custody of H.H. Vincent, Deputy Sheriff.
This case coming on for further trial after the noon recess, came the parties and the jury.
The jury after having heard the reading of the indictment, evidence offered, instructions of the court and argument of counsel, retired to their room to consult and after a time returned into open court and announced that they were unable to agree.
It is therefore ordered by the court that the jury be released from further consideration of this case, and this case continued to the next term of this court and the defendant's bond fixed in the sum of $1000.00.
The Grand Jury witnesses, Ruby Nell Mathis and Irene Perry, being before the court on attachment, and the court being duly advised, adjudged said witnesses iin contempt of court and adjudged that each witness be confined in the county jail for a period of six hours.
Page 95
January Term, 3rd day; 10 day of January, 1934
Commonwealth of Kentucky, Plaintiff
vs. - Order #6075
Dr. R.T. Bailey, Defendant.
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Page 96
January Term, 3rd day; 10 day of January, 1934
Witnesses for the Commonwealth, Rumsey Boggess, Dr. Stringer, Delones Wilkins and Anna May Vincent, are each recognized for their appearances in the sum of $100.00 on the second day of the next term of this court.
Commonwealth of Kentucky, Plaintiff.
vs. - Order #6086
Henry B. McEuen and Iris Stobaugh, Defendants.
On motion of the Commonwealth, this case is continued to the next term of this court, and the defendants held on their bonds.
Page 158
January Term, 18th day; 27 day of January, 1934.
Commonwealth of Kentucky vs. Dr. R.T. Bailey, Chgd., Abortion.
The Commonwealth witnesses, Rumsey Boggess, Dr. Wm. Stringer, were each…
[bottom of page cut off]
Page 194
April Term, 4th day; 19 day of April, 1934.
Commonwealth of Kentucky, Plaintiff
vs. - Order #6075
R.T. Bailey, Defendant.
The death of the defendant is noted of record, and on motion of Commonwealth, this case is now dismissed therefore, and finally stricken from the docket.
Citation: Muhlenberg County Kentucky Circuit Court Criminal Order Book 10, 1933-1936
Updated January 29, 2020