Stephens v. Brooks

• Decision Date: 29 June 1867
• Citation: 65 Ky. 137
• Parties: Stephens vs. Brooks.
• Court: Kentucky Court of Appeals

Page 137

65 Ky. 137

Stephens vs. Brooks.

Court of Appeals of Kentucky.

June 29, 1867.

APPEAL FROM FRANKLIN CIRCUIT COURT.

T. N. LINDSEY, For Appellant.

JOHN M. HARLAN, For Appellee,

JUDGE HARDIN DELIVERED THE OPINION OF THE COURT:

Logan Sigmun, being indicted in the Rockcastle circuit court for murder, the Governor of this State, by his proclamation, offered a reward of two hundred and fifty dollars for his apprehension and delivery to the jailer of Rockcastle county. He was afterwards arrested near the city of Lexington and placed in jail, and shortly afterwards, by order of two justices of Fayette county, was delivered to the appellee, Brooks, at Lexington, to be delivered by him to the jailer of Rockcastle — Brooks, at the time, being a deputy sheriff of Rockcastle county. The prisoner having been taken by Brooks to Rockcastle and delivered to the jailer of that county, the following order was subsequently made by the Rockcastle circuit court:

"William A. Brooks produced to the court an account against the Commonwealth for the apprehending of Logan Sigmun, for the murder of Dock Hickenbotham, amounting to two hundred and fifty dollars, the reward offered by the Governor, which was supported by the affidavit of James S. Fish, John A. Mann, certified by the jailer, and sworn to by said Brooks. It is therefore ordered by the court that the said Brooks be allowed the sum aforesaid for the apprehending and delivery of said Sigmun to the jailer of Rockcastle county, which is ordered to be certified to the Auditor for payment."

The appellee having received the two hundred and fifty dollars as allowed to him, the appellant, Stephens, brought this action to recover the money, alleging that he in fact apprehended Sigmun, and was entitled to the reward which the defendant received as for his use.

It was not claimed by the appellee, in his defense, that he apprehended Sigmun, or was entitled to the reward; but that two men, named Allen and Walden, at whose instance he saw Sigmun at Lexington and identified him as the person for whom the reward was offered, delivered the prisoner to him to be taken to Rockcastle, claiming at the time to have arrested him; and that said order of allowance was afterwards made at their instance in his name, because he delivered the prisoner to the jailer, and, supposing them entitled to the reward, he accepted it for their benefit, and paid it over to them, except a small sum retained for his trouble and expenses paid in conveying the prisoner to Rockcastle county.

It was not proved on the trial that Allen and Walden either arrested Sigmun or caused it to be done; but the proof...