1820-1821 State of Indiana v. Thomas Hay

Three records were found (by Becky Hay Thomas - thank you!) in the Indiana Court Books for a case against Thomas Hay for larceny (Larceny is a form of theft. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales, Northern Ireland and the Republic of Ireland. It remains an offense in the United States, involving the taking (caption) and carrying away (asportation) of personal property.) This appears to be for property that was contracted for in Scott County, and never paid for. Neither William or Thomas ever lived in Scott County, remaining only in Jefferson County. However, other relatives did move to Scott County -- specifically, I am thinking of Andrew Davidson, and the fact that Andrew was basically cut out of William's will. I have no idea if this case is related to a relative such as Andrew Davidson or not.


July Term 3rd day record -- click on picture for a larger view
July Term, 3rd Day

The State of Indiana
v.                                        Ind. For Larceny
Thomas Hay

Personally came into open court Thomas Hay the above Defendant & William Hay his security who jointly & severally acknowledge themselves to owe to the State of Indiana the sum of Four Hundred Dollars, that is to say, the said Thomas Hay the sum of Two Hundred Dollars and the said William Hay the sum of Two hundred dollars, of their goods and chattels, land and tenements, respectively to be levied, if default be made in the following condition to wit: If the said Thomas Hay shall personally be and appear before the Judges of the Scott Circuit Court on the first day of the next term and then to traverse a certain indictment proferred against him for larceny, and all things appertaining thereto, and then and there to abide the order of our said Court and not to depart thence without their leave then the above obligations to be void otherwise to be & remain in full force ____ in law
And the said partied acknowledge themselves to be herewith content.
Ordered that the court be adjourned until court in course(?).
                                          Edward Tucker
                                          Jabez Reeve


November 1820 record
November Term 1820

The State of Indiana
v.                                        Ind. For Larceny
Thomas Hay

This day came the said Thomas Hay in his proper person or also Henry C. Thornton esq. who prosecutes the pleas of the State of Indiana for the said County of Scott and hereupon a new trial is granted him and a venue de novo is awarded whereupon the said Thomas Hay and William Hay his Security come personally into Court who jointly and severally acknowledged themselves to owe and stand indebted to the said State of Indiana the sum of four hundred dollars, that is to say the said Thomas in the sum of two hundred dollars and the said William Hay in the sum of two hundred dollars, of their goods, chattels, lands and tenements respectively to be levied if default be made in the condition following Court, which condition is that if the said Thomas Hay shall personally be and appear before the Judges of the Scott Circuit Court, on the first day of the next term of the said Scott Circuit Court to be holden at the house of James Ward in the town of Lexington(?) on the second Thursday succeeding the fourth Monday in March next, then and there to traverse a certain Indictment proffered against him for larceny and abide this order of the said Court thereon and not depart thence without the leave of said court, then this recognizance shall be void otherwise it shall be and remain in full force and ____ in law.
And the said Thomas Hay and William Hay then and there acknowledge themselves to be therewith content.


October Term 1821record
October Term 1821

The State of Indiana
v.                                        Ind. For Larceny
Thomas Hay

The defendant in this case failing to appear and abide the order of the Court, on motion of the prosecuting attorney, it is ordered that the recognizance be forfeit, and that a prima facie be awarded returnable to the next term of this court against the defendant Thomas Hay and his bail to show cause if anything can ___ why the State of Indiana should not serve judgement, and execution against them for ____ Dollars each the amount of the Recognizance aforesaid.