War of the Rebellion: Serial 119 Page 0540 PRISONERS OF WAR AND STATE, ETC.

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county, at the county aforesaid, on the second day of June, in the year one thousand eight hundred and sixty-two, and within the jurisdiction of this court, one slave named Jack of the goods and property of a certain Archibald Graham, of the value of six hundred dollars, then and there found, did then and there steal, take, and carry away, to the great damage of the said Graham, contrary to form of the act of assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Virginia. And the jurors aforesaid for the county aforesaid, upon their oaths aforesaid, further present that the said Joseph Shuman and Amandus E. Ludwig, laborers, late of said county, at the county aforesaid, on the day and year aforesaid, and within the jurisdiction of this court, did then and there attempt to carry off and aid and connive at the escape out of the county aforesaid of a certain slave named Jack, of the value of six hundred dollars, the goods and property of a certain Archibald Graham, with intent to defraud and deprive the said owner of his said slave, and without his consent, to the great damage of the said Graham, contrary to the form of the act of assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Virginia. Upon the information of Mr. McCurdy, Alexander McCurdy, and William A. Humphries, witnesses sworn in court and sent to the grand jury to give evidence.

A true bill.

HENRY M. BOWYER,

Foreman.

And on the day and year last aforesaid were had the following proceedings, viz?

COMMONWEALTH

vs.

JOSEPH SHUMAN AND AMANDUS E. LUDWIG.

Upon an indictment for felony.

Joseph Shumand and Amandus E. Ludwig, late of the county of Botetourt, who stand indicted for felony, were led to the bar in custody of the jailer of this court, sand thereupon the prisoners were arraigned and pleaded jointly not guilty to the indictment and for their trial put themselves upon the country. And thereupon came twenty-four persons duly summoned according to law, who were examined by the court and found to be free from exceptions and lawfully qualified to serve as jurors, and from the panel of twenty-four persons, the prisoners having struck off eight of the names thereof, the following jury was selected from the remaining sixteen by lot, to wit: Marcus D. McCluer, George W. Dillon, Alexander Fellers, John Layman, Philip Loop, Moses Watkins, George Zimmerman, Sr., John Rader, Elijah Harris, Joel Burger, Michael Graybill, and Samuel Burger, Jr., who were elected, tried, and sworn the truth of and upon the premises to speak, ad there not being time to complete the trial the jury were adjourned over till to-morrow morning at 10 o'clock, and Lewis Linkenhoker, sheriff of this county, and James Rowland, deputy sheriff, were sworn according to law to keep the jury together and not to permit any person to have any communication with them till they should return to court in the morning. Thereupon the prisoners were remanded to jail and the court adjourned till to-morrow morning at 10 o'clock.

Thursday, the 14th day of August, 1862, the court met pursuant to adjournment. Present, the same judge as on yesterday.

COMMONWEALTH

vs.

JOSEPH SHUMAND AND AMANDUS E. LUDWIG.

Upon an indictment for felony.

The prisoners were again brought into court in custody of the jailer of this county. The jury adjourned over on yesterday appeared in court pursuant to adjournment, and having fully heard the cause upon their oaths, returned a verdict in these words:

"We, the jury, find the prisoners guilty upon the first count in the indictment and ascertain the term of imprisonment of each of them, respectively, to be two years in the public jail and penitentiary house, and we find them not guilty on the second count. "

COMMONWEALTH

vs.

JOSEPH SHUMAN AND AMANDUS E. LUDWIG.

Upon an indictment for felony

Joseph Shuman and Amandus E. Ludwig, late of Botetourt County, who stand convicted of felony (in stealing a negro), were again led to the bar in custody of the