Pleas held at Lebanon, Warren county, Ohio 9 May 1816
before the Honorable Ethan A Brown, Jesup N Cauch,
John McLean & Calvin Peas Esquires
Judges of the Supreme Court of Ohio
--- William Brandenburg
On 17 Apr 1816 the said Wm Brandenburgh VS by Thomas Freeman Esqr prosecuted and sued The State of Ohio forth out of supreme court --- the writ of the State of Ohio of Error --- rendition of Judgement in your court between the State of Ohio plaintiff and William Brandenburgh defendant --- willing that error if any hath been be corrected and full and speedy justice be done --- at court held second Monday of February 1815 by oaths of Patrick Meloy, Jedediah Tingle, Silas Hurin, James Long, John Rice, Burwell Goode, Joseph Scofield, Garret Peters, Joseph Case, Allin Nixon, Amos Tullis, William Trousdale & James McEwen good and lawful men of Warren county and --- inpanneled sworn and affirmed & charged to inquire for the State of Ohio --- court of common pleas of term February 1815 the grand jurors upon their oath present that Wm Brandenburgh on 13 December 1814 and for a long time before and after kept an ordinary as house of public resort in Hamilton township county aforesaid and Wm Brandenburgh on 13 December 1814 knowingly suffered permitted and allowed James Leonard, Mathew Leonard, Joseph Mounts, John Carrol & Peter Tyler to play at a game called hussel cap in an out house connected with his said ordinary said house of public resort --- for personal goods of the value of twenty dollars a game not of Athletic exercise and which is prohibited by the act entitled “an act for the prevention of gaming contrary to the form of the statute in such case --- against the peace and dignity of the State of Ohio” --- And afterwards on 12 June 1815 at June term of court --- cometh into the court Wm Brandenburgh --- in his own proper person and having heard the indictment aforesaid --- the said Wm Brandenburgh saith tht he is guilty of the offence --- and afterwards on the same day and year aforesaid the said Wm Brandenburgh moves the court aforesaid for leave to retract or withdraw his plea of guilty and to him is granted and thereon the said Wm Brandenburgh saith that he is not guilty of the premises aforesaid in the indictment --- and Wm Brandenburgh is ordered to enter into recognizance with one or more sufficient sureties for his appearance --- Wm Brandenburgh and one Joseph Mounts entered into a recognizance on the sum of one hundred dollars jointly for the appearance of Wm Brandenburgh to answer at the next term of court --- October court 1815 William Brandenburgh being three times solemnly called did not appear but made default --- bail forfeited and case continued to second Monday February next being 12 day of month 1816 Wm Brandenburgh comes into court --- puts himself upon the country and Joshua Collet Esq who prosecutes for the State of Ohio --- came a jury Elijah Richardson, Ichabod Covenhoven, Amzey Ayres, Jonathan Crane, James Wells, Joseph Coburn, John Ullery & John Marten --- defendant found guilty in Manner and as he stands indicted --- defendant to pay State of Ohio fifty dollars --- pay twelve dollars & fifty cents being the costs and charges in the prosecution ---
Memorandum - Wm Brandenburgh came forth with three reasons why case should be reversed --- the case stood as before.