RobbHaas Family Pages
Amasa J. Foulke
|Home||Amasa J. Foulke Page||Sources|
|Murder Trial Participants||Court Records||Trials Timeline||2nd Trial Newspaper Accounts||Notes from Newspaper Accounts of 2nd Trial|
Amasa's wife, Lucetta, was Murdered on the night of 16 Nov 1873 -
Amasa was accused of the murder and stood trial in February of 1874. Amasa was convicted and sentenced to life in prison at this first trial.
He was granted a new trial on 24 Feb 1874 which took place in February of 1875 where he was found not guilty and set free.
2nd: See Amasa's Page for his timeline/biography which will put the murder and trials in perspective with the rest of his life
3rd: Take a look at the Timeline of the Court Proceedings, (Below)
4th: Browse the offerings on the Court Records Page
5th: Take a look at the Newspaper Coverage of the 2nd trial
-- I have been unable to locate any
newspaper coverage of the first trial -
-- The court records contain none of the testimony given during either trial
|16 Nov 1873 (Sunday)||Lucetta Carlisle Foulke ID0098 murdered in her home S7, S11, Article Another Account|
|22 Nov 1873 (Saturday)||
Vol M, page 144
-- Amasa applies for a writ of Habeas Corpus -
-- Court appoints Joel Stafford and David Moss to prosecute the case against Amasa
|29 Nov 1873 (Saturday)||Amasa is given Bail in the amount of $5000.00 and released from custody - Vol M, page 177|
|6 Feb 1874 (Friday)||Court issues summoning of 40 men from which to select 12 men to serve as jurors Vol M, page 416|
|10 Feb 1874 (Tuesday)||Amasa moves to quash the indictment - denied - Court submits the cause to the Jury - Jury members named - Vol M, page 437|
|11 Feb 1874 (Wednesday)||Trial continues to the next day - Vol M, page 439|
|12 Feb 1874 (Thursday)||Trial continues to the next day - Vol M, page 440|
|13 Feb 1874 (Friday)||Trial continues to the next day - Vol M, page 440|
|14 Feb 1874 (Saturday)||Case given to the jury - court adjourns until Monday Morning - Vol M, page 442|
|16 Feb 1874 (Monday)||Jury continues to deliberate - Vol M, page 443|
|18 Feb 1874 (Wednesday)||Jury renders verdict: Guilty of murder in the first degree - punishment to be life in States prison - Jury Polled - Amasa gives notice he will file a motion for a new trial - Vol M, page 455 [S16] [S17]|
|20 Feb 1874 (Friday)||Amasa files a motion for a new trial - Vol M, page 461|
|23 Feb 1874 (Monday)||Counter affidavit from Prosecuting attorneys for the motion for a new trial - continued - Vol M, page 466|
|24 Feb 1874 (Tuesday)||
Vol M, page
-- Court grants Amasa a new trial -
-- Court orders that Amasa enter into a recognizance in the sum of five thousand dollars [$97,500 in 2008 dollars] - Jesse M Foulke, John [Baker] Foulke and William F McShane put up the bond
-- Answer indictment for murder on the 4th Monday of April 1874 in the courthouse in Noblesville
|27 April 1874 (Monday)||Amasa files a motion for a continuance - Court adjourns - Vol N, page 1 - Vol N, page 2|
|28 April 1874 (Tuesday)||
N, page 53 -
Vol N, page
-- Court continues this cause until the next term of the court - First Monday of September 1874 - Court House in Noblesville
-- Court orders that Amasa enter into a recognizance in the sum of five thousand dollars
-- William F McShane and John Foulke put up the bond
|19 Aug 1874 (Wednesday)||Death of Daughter Alice Foulke, ID2127|
|18 Sept 1874 (Friday)||
N, page 455
-- Amasa requests, and the Court grants, a continuance -
-- Continued until the first day of the next term of the Court
-- Court orders Amasa to enter into a recognizance in the sum of five thousand dollars
-- John Foulke & Jesse Foulke put up the bond
|9 Oct 1874||Newspaper Article - Discusses the judges and lawyers for "The Foulke Case" S8,|
|24 Nov 1874 (Tuesday)||
Q, page 2, 3
-- Cause is continued until the next term of the Court
-- Court orders Amasa to enter into a recognizance in the sum of five thousand dollars
-- Jesse Foulke puts up bond
|9 Feb 1875 (Tuesday)||
Q, page 98
-- Prosecutors: Joel Stafford and William Garner
-- Defense Attorneys: Kane, Shirts & Evans & Stephenson & Jonathan W. Gordon
-- Jury: Eliah G. Brattain, Milton Hadley, William M. Osborne, George Armentrout, James A. Brandom, Alfred Hess, J. W. Barnes, W. W. Reynolds, Benjamin Lennen, Robert Stout, W.F. Pearce & George P. Huntzinger
-- Trial begins, and is continued to the next day
|10 Feb 1875 (Wednesday)||Case continues until the next day - Vol Q, page 100 - Newspaper Coverage|
|11 Feb 1875 (Thursday)||Case continues until the next day - Vol Q, page 101 - Newspaper Coverage|
|12 Feb 1875 (Friday)||Case continues until the next day - Vol Q, page 102 - Newspaper Coverage|
|13 Feb 1875 (Saturday)||-- Jury has heard all the evidence and goes to deliberate their
verdict - Vol
Q, page 102
-- Charge of Judge Craven to Jury - Newspaper Coverage
|14 Feb 1875 (Sunday)||
Vol Q, page
-- Jury: "We the Jury find the defendant not guilty" James A Brandom, Foreman
-- Court releases Amasa from his recognizance
|Confession of Tom Baker (Barker)|
|24 March 1876||News Article - Confession of murderer of Amasa's Wife - S9,|
|25 March 1876||News Article "Bed Side Confession of a Murderer" S15,|
|29 March 1876||News Article - S13,|
|30 March 1876||News Article - Confession of Tom Baker - S12,|
|5 Apr 1876||News Article - "Confession of murderer is all bosh" - S10,|
Top of Page
|S1||Newspaper: Noblesville Ledger [Noblesville, Hamilton County, Indiana] - 12 Feb 1875, page 1 - Acc000889 -||Link|
|S2||Newspaper: Noblesville Ledger [Noblesville, Hamilton County, Indiana] - 19 Feb 1875, page 3 - Acc000888 -||Link|
Hamilton County, Indiana, Hamilton County Circuit Court Civil Order
Books Case # 51 Murder, State of Indiana vs. Amasa J Foulke,
microfilm copies, (: Viewed, 30 January 2010). Acc1396
Repository: Indiana State Library/Genealogy Div: Circuit Court Complete Records
Hamilton County Circuit Court Civil Order Books
Vol M: Sept 1873-Feb 1874
Vol N: Apr 1874-Sept 1874
Hamilton County Circuit Court Civil Order Books
Vol Q: Nov 1874-Sept 1877
Haines, John F. History of Hamilton County, Indiana. Indianapolis,
Ind: B F Bowen, 1915, page 395 - Bk2922 - (Doc2088.pdf)
A Celebrated Case
On the night of November 16, 1873, at her country home between Cicero and Sheridan, a few miles north of Deming, Mrs. Lucetta Foulke, while sleeping between her two small children, was shot through the breast and mortally wounded. She lingered some hours, suffering intensely, until relieved by death. Her husband, Amasa J. Foulke, twenty-five years old, a short time after the crime was committed, called upon Dr. Amos Pettijohn, at Deming, to have a flesh wound in his forearm dressed and reported to the doctor and others that robbers had entered his home, shot and killed his wife, and that in contact with the criminals, he received the injury mentioned. A whirlwind of excitement swept the community and county, and crowds visited the cottage where the murdered wife and mother lay. Search was quickly made for the alleged robbers, but they were never found. Suspicion rested sternly upon the husband. He was indicted and tried, the jury returning a verdict of guilty with life imprisonment. Defendant made a motion for a new trial, which the court sustained. On the second hearing the public still manifested a deep interest and the old court house was thronged, although it was rumored that the building was in danger of falling down. At the end of a bitter contest the second jury acquitted Foulke. Public sentiment was divided, with probably the majority view against the defendant, and sharp complaint was made that the court's instructions were partial to him.
|S5||Newspaper: Indianapolis Sentinel (Indianapolis, Marion county, Indiana) "Murder a Mysterious Case the Trial of Amasa Foulke Charged with the Murder of His Wife" Date: Monday, February 15, 1875 Paper: Indianapolis Sentinel (Indianapolis, Indiana) Volume: XXIII Issue: 229 Page: 8. www.genealogybank.com, accessed 18 Nov 2007. Acc000975/Doc3845.pdf.|
|S6||Book: Helm, T B. History of Hamilton County, Indiana, Reprint . Chicago, Evansville, IN: Kingman Brothers, Unigraphic, 1880, 1976 - Bk1604||Archive.org - Read Online|
Frank S. The Story of Hamilton County Indiana. Noblesville, Indiana:
Hudler Press, Inc., 1962., page 49. Bk2877
One noted murder case went through two trials while he [Judge Hervey Craven] was judge. The victim, Mrs. Lucetta Foulke, lived in the courtry nrth of Deming, between Sheridan and Cicero. She was shot through the breast while sleeping between her two small children, but did not die for several hours.
A short time after the murder her husband, Amasa J. Foulke, went to Dr. Amos Pettijohn at Deming to have a wound in his forearm dressed. He said he was injured by the robbers who shot and killed his wife. An immediate search failed to locate any robbers. Excited crowds visited the house where the murder was committed.
The husband was suspected and indicted. The jury for the trial returned a verdict of guilty with life imprisonment recommended. The court sustained a motion by the defendant for a new trial. Crows thronged the court house a second time despite rumors that the building was not safe. The second jury acquitted the twenty-five year old Foulke. Probably the majority of the public were against him an felt the instructions by the court to the jury were partial to the defendant.
|S8||Newspaper Article: "Baker's
Corner Precinct, etc." Noblesville Ledger, Friday 9 Oct 1874, page
Extract: The Independent Attempts, from a communication
signed "Jackson Township," to create the impression that J. R. Gray
had taken it upon himself to secure the establishment of a precinct
at Baker's Corner, in Adams township, at the request of the Foulke
family. This precinct was established by the commissioners at their
last session upon the petition of thirty citizens in the immediate
vicinity of the place. They are old men, many of them, and good
citizens; and what is more, many of them are Democrats, Reformers,
and Anti-Secrets. The petitioners working in the matter recommended
the appointment of John B. Foulke as Inspector. Mr. Gray and
Mr. Hall were both opposed to the establishment of the precinct,
offering as a reason that two precincts in a township that size was
certainly enough, and an unnecessary expense was incurred by making
another. Mr. Gray took it upon himself to notify such of the
citizens of Adams township as he could find upon the streets, and
asked them to come up and oppose it. Some of whom did so. But the
Board finding no special opposition from the township, and through a
desire to accommodate the petitioners, established the precinct. And
if anything, it is against the interest of the Republican party.
|S9||News Article. Amasa Foulke. The
Indianapolis News (Indianapolis, Marion County, Indiana), 24 March
1876, Page 4, Col. 3, "State News".
http://www.newspapers.com/image/#34491264 , accessed 15
Aug 2013. Acc002876/.Doc1836.pdf
|S10||News Article. Amasa Foulke. The
Indianapolis News (Indianapolis, Marion County, Indiana), 5 Apr
1876, Page 2, Col. 4, State News, Paragraph 9.
http://www.newspapers.com/image/#34491302 , Accessed 15
Aug 2013. Acc002877/Doc1837.pdf
|S11||News Article. Amasa Foulke. The
Indianapolis News (Indianapolis, Marion County, Indiana), 24 Nov
1873, Page 1, Col. 5, State News, Paragraph 8.
http://www.newspapers.com/image/#35079112 , Accessed 15
Aug 2013. Acc002878/Doc1838.pdf
Amasa Foulke. The Cambridge City Tribune (Cambridge City,
Wayne County, Indiana), 30 March 1876, page 3, Col. 4.
http://www.newspapers.com/image/#15128889, accessed 26 Apr 2014.
A year or so ago the wife of Amasa Foulke, a Quaker citizen of Hamilton County, was found dead in her bed. Mr. Foulke was arrested and charged with the murder. Upon trial he was convicted and sent to the penitentiary for life. A new trial was granted in course of time and he was acquitted. It now transpires that one Tom Baker on his death bed, confesses to having murdered Mrs. Foulke. Baker was one of a number of men who attempted to rob Foulke, and he shot the wife to prevent her giving the alarm, because he thought she recognized him. This confession relieves Mr. Foulke of this terrible suspicion which has been hanging over him, and is a strong argument against hasty convictions. Amasa Foulke is a brother of William Foulke, of the firm of N. S. Leeds & Co., of this city. Mr. Foulke's Family friends always believed him innocent but public sentiment, educated by the newspapers of Noblesville, was against him at the time.
Amasa Foulke. The Indiana Herald (Huntington, Huntington
County, Indiana), 29 March 1876, Page 3, Col. 3.
http://www.newspapers.com/image/#40066295, accessed 26 Apr 2014.
The danger of hasty conviction upon circumstantial evidence alone receives another strong proof in a special from Noblesville, Some time ago the wife of Amasa Foulke, a Quaker citizen of Hamilton County, was found dead in bed. The husband was tried for the crime of her murder and convicted. He secured a new trial and was acquitted. Now a fellow named Tom Barker, on his deathbed, confess to have been the murderer of Mrs. Foulke.
Hoosier Bluebeard. Three Trials for Wife Killing in Hamilton County
- Foulke Gets a New Trial
Date: Wednesday, February 25, 1874 Paper: Indianapolis Sentinel (Indianapolis, Indiana) Volume: XXII Issue: 185 Page: 5. www.genealogy.com, accessed 21 Jan 2017, Doc3971.pdf
Three Trials for Wife Killing In Hamilton County - Foulke Gets a New Trial - Jackson on the Rack - Another Getting Ready
(From an Occasional Correspondent of the Sentinel)
Noblesville, Ind., Feb. 24, 1874. -- Judge Craven has granted a new trial to Amasa J. Foulke, found guilty of murdering his wife at this term of the Hamilton county circuit court, on the ground, first; that two jurors had in violation of the instructions of the court, taken notes of the evidence given before them, as asserted by two affidavits, filed with the court, and not denied by the State. Second; that according to the affidavits of three persons, a juror, Joseph White, had formed and expressed an opinion and that expressed opinion, was that "he could not see how the defendant could be innocent." Third, that the evidence, of the jury was not sufficient to sustain the verdict, and from the evidence he did not believe the defendant guilty of the crime with with he was charged. The court made an exhaustive review of the evidence and facts relied upon by the state for conviction, both in their argument before the jury and in their opposition to the motion for a new trial, with the above result. The defendant was recognized to appear at the next term of the court in the sum of $5,000. The case of Foulke having been disposed of the case of Jackson, indicted for the crime of murdering his wife was called, a jury impaneled, and the evidence is now being heard. There are three persons in Hamilton county now charged with the crime of slaughtering their wives; one waiting a new trial, one upon trial, and one awaiting a preliminary examination before a magistrate. The attorneys that were defending Foulke are now representing the state. For the defendant, Messrs. Moss & Drissal, Evans & Stephenson, Thompson & Thompson; for the state, Prosecuting Attorneys Stafford, Thomas Kane, Augustus F. Staats and William Grover, The opinion of Judge Craven in the Foulke case is approved by every well read lawyer for sound law, as the present supreme court reversed the case of McDonald cheek for the first reason stated in his opinion and the case of Mrs. Cleve for the last session as reported in 35th Indiana.
Date: "Death Bed Confession of A Murderer" Saturday, March 25, 1876 Paper: Dubuque Daily Times (Dubuque, Iowa) Page: 1, Col. 6. www.genealogybank.com, accessed 22 Jan 2017. Doc3972.pdf
DEATH BED CONFESSION OF A MURDERER.
Nashville, Ind., March 14. -- Tom Barker, who was sentenced to, Penitentiary from this county for two years for grand larceny, but was afterward granted a new trial by the Supreme Court, and on a change of venue went to Madison county, which resulted in a commutation of his sentence to thirty days in the County Jail, has made a confession on his death-bed of the murder of Mrs. Foulke over a year ago, at which time her husband, Amasa Foulke, was arrested for wife murder, tried, and sentenced to prison for life, but was acquitted upon a second trial. It seems that Barker was one of the number who attempted to rob Amasa Foulke on that eventful night, and Barker shot Mrs. Foulke to prevent her giving the alarm, he fearing that she had recognized him.
"Amasa J. Foulke ..." Indianapolis Evening News, 19 Feb 1874, Page 2, Col. 5. Contributed by IUPUI University Library. (https://newspapers.library.in.gov/cgi-bin/indiana?a=d&d=INN18740219-01.1.2&srpos=5&e=-------en-20--1--txt-txIN-Amasa+Foulke------) accessed 28 Jan 2017. Doc3984.pdf - EN0699 -
Amasa J. Foulke was yesterday convicted of the murder of his wife in Hamilton county last November, and sentenced to the peitentiary for life. His wife was found dead in her bed, and he claimed that two men entered the room in the night, shot her and made their escape, and he was wounded in attempting to capture them.
"Amasa Foulke..." Richmond (Indiana) Palladium (Weekly), Vol. 43, No. 50, 21 Feb 1874, page 3, col. 2. (https://newspapers.library.in.gov/cgi-bin/indiana?a=d&d=RPW18740221.1.3&srpos=8&e=-------en-20--1--txt-txIN-Amasa+Foulke------), accessed 28 Feb 2107. EN0701
Amasa Foulke, who married a niece of Enos Thomas, Esq., of our city, residing in Hamilton county, after a trial in the Circuit Court of that county, of about one week's duration, on the charge of murdering his wife by shooting her, was, on Wednesday last, sentenced to the Penitentiary for life, the jury pronouncing him guilty of "Murder in the first degree."
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