The Old Pike Part 40

_United States of America, Western District of Pennsylvania, ss_:

The United States of America to the Marshal of the Western District of Pennsylvania and his deputies, to any constable of the County of Allegheny, and to the jailer of said County of Allegheny, Greeting:

WHEREAS, John F. Braddee, William Purnell and Peter Mills Strayer are now brought before me, the Hon. Thomas Irwin, Esquire, Judge of the District Court of the United States for the Western District of Pennsylvania, charged on the oath of George Plitt, William Corman and others, with stealing the United States mail made up at Wheeling on the 13th, 19th, 23d and 29th days of November, A.D. 1840, and on the 5th, 12th and 18th days of December, 1840. These are therefore to command you, the said marshal, constable or jailer, or either of you, to convey the said John F. Braddee, William Purnell and Peter Mills Strayer to the said jailer of Allegheny county, and you, the said jailer, are hereby commanded to receive and keep safely the said John F. Braddee, William Purnell and Peter Mills Strayer in your jail until they thence be discharged by due course of law. For so doing this shall be your warrant.

In testimony whereof the said Hon. Thomas Irwin, Esq., has hereunto set his hand and seal, this 13th day of January, A. D. 1841.

(Signed) TH. IRWIN, [SEAL.]

_District Judge, U. S._

PITTSBURG, PENNA., 25th of Jan'y, 1841.

Howard Kennedy, special agent of the Post Office Department, in addition to the testimony given by him before His Honor Judge Ewing, in the case of the United States against Braddee, Purnell, Strayer and Corman, relative to the probable loss of money, drafts, &c., in the stolen mails, further deposes, that since that time he has received reports from various persons and places in the West of letters mailed at dates which would have by due course of mail been in the bags stolen, containing bank notes, scrip, certificates, drafts and checks, amounting to one hundred and two thousand dollars and upwards; that every mail brings him additional reports of losses, and that he believes the amounts reported will not const.i.tute more than one-half of what has been lost in the mails between the 16th of Nov., and the 18th of Dec., 1840, on the route from Wheeling to New York.

HOWARD KENNEDY, _Special Agent P. O. Dep't._

Sworn and subscribed before me the 25th January, 1841.

T. IRWIN, _District Judge_.

PEt.i.tIONS FOR HABEAS CORPUS.

_To the Hon. Thomas Irwin, Judge of the United States Court of the Western District of Pennsylvania_:

The pet.i.tion of William Purnell respectfully represents that your pet.i.tioner is now confined in the jail of Allegheny county, in obedience to a warrant of commitment, a true copy of which is prefixed to this pet.i.tion. Your pet.i.tioner humbly prays your Honor to award a _habeas corpus_, that he may be bailed by sufficient sureties, according to the first article and ninth section of the Const.i.tution of the United States, January 29, 1819.

WILLIAM PURNELL.

_To the Hon. Thomas Irwin, Judge of the Court of the United States for the Western District of Pennsylvania_:

The pet.i.tion of Doctor John F. Braddee respectfully represents that your pet.i.tioner is now confined in the jail of Allegheny county, in obedience to a warrant of commitment, a true copy of which is prefixed to this pet.i.tion.

Your pet.i.tioner humbly prays your Honor to award a _habeas corpus_, that he may be bailed by sufficient sureties, according to the first article and ninth section of the Const.i.tution of the United States.

The United States _vs_. John F. Braddee.

his JOHN F. BRADDEE.

mark.

Pet.i.tion for _habeas corpus_ granted, and issued January 28, 1841.

The same _vs._ Wm. Purnell, _alias_ William Purnell, January 29, 1841.

_United States vs. Braddee._

Let a _habeas corpus_ issue in this case according to the prayer of the pet.i.tioner, returnable forthwith.

THOMAS IRWIN, _District Judge_.

E. J. ROBERTS, Esq., _Clerk_.

January 26, 1841.

_United States vs. Purnell._

Let a _habeas corpus_ issue in this case according to the prayer of the pet.i.tioner, returnable forthwith.

THOMAS IRWIN, _District Judge, Western District of Pennsylvania_.

E. J. ROBERTS, ESQ., _Cl'k D. Court_.

THE WRIT AND JAILER'S RETURN.

_Western District of Pennsylvania, ss_:

The President of the United States to the Marshal of said District, and the jailer of Allegheny county, greeting:

We command you the body of John F. Braddee in your custody, under safe and secure conduct before the Hon. Thomas Irwin, Judge of our District Court, at his chambers in the city of Pittsburgh, together with the day and cause of his said caption and detention, forthwith then and there to be subject to whatsoever our said Judge shall consider in that behalf, and have you then there this writ.

Witness the Hon. Thomas Irwin, Judge of the United States for said District, at Pittsburg, the twenty-eighth day of January, A. D. eighteen hundred and forty-one.

E. J. ROBERTS, _Clerk_.

The body of the above named John F. Braddee I have brought before your Honor, together with day and cause of his being detained, in obedience to the writ.

So answers Jas. McCune, jailer of Allegheny county.

To the Hon. Thomas Irwin.

BOND AND BONDSMEN.

_The U. S. vs. John F. Braddee, Application to be admitted to bail, Jan. 28, 1841._

The following named persons being sworn, depose, That they are worth severally as follows: Hugh Graham, $20,000; Benjamin Brownfield, $18,000; Isaac Hague, $5,000; Henry Smith, $5,000; R. Laughlin, $4,000; Emanuel Brown, $3,500; B. Brown, $3,000; D. S. Diamond, $1,000; Thomas Moxley, $2,000; Michael Franks, $2,000; Abraham White, $800; Jacob Humbert, $200; Peter Humbert, $1,000; Andrew McClelland, $3,000.

_Coram_,

T. IRWIN.

These amounts were taken from the property lists in the Commissioners Office of Fayette county, Pa. Abraham Brown, $3,400; Benjamin Brown, $4,050; Emanuel Brown, $2,925; Benjamin Brownfield, $6,869; Michael Franks, $1,400; Henry Smith, $2,272; Andrew McClelland, $1,170; Peter Humbert, $1,200; Isaac Hague, $3,170; Isaac Brown, $3,552; *Hugh Graham, $3,868; Samuel Hatfield, $4,500; Thomas Moxley, $2,000; *David Chipps, $200. Names marked with a star, are already security for Hugh Keys, Ca.n.a.l Commissioner, with Wm. Searight, for $50,000, and also on the bond of Thompson McKean, late Road Commissioner, for a large amount.

POINTS RAISED BEFORE THE COMMITTING MAGISTRATE: