GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
June Term 1851.
p 436.
Be it remembered that at a regular term of the Circuit Court in and
for the City of Greene begun and held at the Court House in the City of
Springfield in said County of Greene on Monday the 2nd day of June 1851. Present
the Honorable Charles S. Yancey Judge of said Court, John F. Coffee esq Circuit
Attorney, George W. Kelley Sheriff of said County and Joshua Davis Clerk of said
County.
State of Missouri
Plaintiff
vs
Indictment for Sabbath Breaking
Joseph B. Greene Defendant
Now at this day
come the Circuit Attorney who prosecutes in behalf of the State of Missouri and
moves the Court for an attachment for Robert Scott a witness in this cause and
all and singular the premises being seen and fully understood it is considered
by the Court that an attachment be issued directed to the Sheriff of Newton
County returnable to the next term of this Court.
State of Missouri
Plaintiff
vs
Indictment for Sabbath Breaking
Joseph B. Greene Defendant
(Same text as
above)
Now at this day come G.W. Kelley the Sheriff for Greene County and
returns here into Court the venire heretofore issued in the following pannel of
a Grand Jury thereon endorsed to wit: Larkin Payne 1. Thompson White 2. Jesse
Bruton 3. Joseph Rudd 4. Peter Jump 5. William Garoutte 6. William Sanders 7.
Mark Bray 8. Abraham Woody 10. Robert Beatie 11. Matthew Kerr 12. John 0.
Sheppard 13. Joseph Burden 14. Avanant H. Hollinsworth 15. John W. Hancock 16,
sixteen good and lawful men duly elected empannelled sworn and charged as such
Grand Jurors as aforesaid, retired to consider of their duties
(*9 not
listed in book)
117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C. June Term 1851.
p 436.
On motion of the Circuit Attorney and for good cause shown, it is
ordered by the Court here that a plurius capias be issued against Elbert Martin
directed to the Sheriff of Crawford County retuanable to the next term of this
Court.
On the motion of the Circuit Attorney and for good cause shown,
it is ordered by the Court that an alias capias be issued against Samuel Simpson
directed to the Sheriff of Greene County returnable to the next term of this
Court.
p 437.
Ordered by the Court that J.M.L. Barker and A. McF.
Hudson be permitted to sign the Roll of Practicing Attorneys.
State of
Missouri
Plaintiff
vs
Indictment for Gaming
Hervey Bryant Defendant
Now at this day comes the
Circuit Attorney and moves the Court for a Plurius capias in this cause and for
good cause shown it is ordered by the Court that a plurius capias be issued
directed to the Sheriff of Dade County returnable to the next term of this Court
until which time this cause is continued.
State of Missouri
Plaintiff
vs
Indictment for Gaming
Alfred Terrell Defendant
Now at this day comes the
Circuit Attorney and moves the Court for a plurius capias directed to the
Sheriff of Greene County returnable to the next term of this Court, at which
time this cause is continued.
State of Missouri
Plaintiff
vs
Indictment For Disturbing Religious Worship
George D. Blakey Defendant
Now
at this day come the Defendant in this cause by his attorney and makes his
appearance in obedience to his recognizance.
State of Missouri Plaintiff
vs
Indictment for Betting on an Election.
John Dixon Defendant
Now at this
day come the Defendant in this cause by his attorney and makes his appearance in
obedience to his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Adultery
John Dixon Defendant
Now at this day come the
Defendant in this cause by his attorney and makes his appearance in obedience to
his recognizance.
p 438.
State of Missouri
Plaintiff
vs
Indictment for Adultery
Susannah Johnson Defendant
Now at this day come
the Defendant in this cause by her attorney and makes her appearance in
obedience to her recognizance-.
118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 438.
State of Missouri
Plaintiff
vs
Indictment for Gaming
J. Faulkenberry Defendant
Now at this day comes the
Defendant in this cause by his attorney and makes his appearance in obedience to
his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Illegal Voting
N.J. Phillips Defendant
Now at this day
comes the Defendant in this cause by his attorney and makes his appearance in
obedience to his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Selling Liquor
James F. Hornbeak Defendant
Now at this day
comes the Defendant in this cause by his attorney and makes his appearance in
obedience to his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Selling Liquor
Jos. D. Haden Defendant
Now at this day
comes the Defendant in this cause by his attorney and makes his appearance in
obedience to his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Inducing Witness to Disobey Process
Wm. J. Trowbridge
Defendant
Now at this day come the Defendant in this cause by his attorney
and makes his appearance in obedience to his recognizance.
State of
Missouri
Plaintiff
vs
Indictment for Keeping Gaming House
Henry Tesse Defendant
Now at this day
come the Defendant in this cause by his attorney and makes his appearance in
obedience to his recognizance.
p 439.
State of Missouri
Plaintiff
vs
Indictment for Gaming
Henry Tesse Defendant
Now at this day come the
Defendant in this cause by his attorney and makes his appearance in obedience to
his recognizance.
State of Missouri
Plaintiff
vs
Indictment for Gaming
John Wilkerson Defendant
Now at this day come the
Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the
Court for a continuance of this cause and for good cause shown it is ordered by
the Court that said motion be sustained.
119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 439.
State of Missouri
Plaintiff
vs
Indictment
George Jameson Defendant
Now at this day come the Circuit
Attorney who prosecutes on behalf of the State of Missouri and moves the Court
for a continuance of this cause and for good cause shown it is ordered by the
Court that said cause be continued until the next term of this Ocurt and that an
alias capias be issued directed to the Sheriff of Jackson County against said
George Jameson returnable to said next term of this Court.
p
440.
State of Missouri
Plaintiff
vs
Indictment for Betting on an Election
John Dixon Defendant
Now at this day
cooe the Circuit Attorney who prosecutes in behalf of the State of Missouri as
well as the Defendant in his own proper person who says he cannot deny that he
is guilty in manner and form as charged against him in said Indictment and puts
himself upon the mercy of the Court. It is considered by the Court that he make
his fine by the payment of ten dollars and also the costs herein expended for
all of which execution may issue with a clause of capias.
State of
Missouri
Plaintiff
vs
Indictment for Playing Cards
James Conner Defendant
Now at this day come
the Circuit Attorney and moves the Court for an alias capias in this cause and
for sufficient cause it is ordered by the Court that an alias capias be issued
directed to the Sheriff of Wright County against said James Conners returnable
to the next term of this Court to which time this cause is continued.
State of Missouri
Plaintiff
vs
Indictment for Selling Liquor Without License
Mark Swadley Defendant
Now
at this day come the Defendant by his attorney and makes his appearance in
obedience to his recognizance.
p 441.
State of Missouri
Plaintiff
vs
Indictment for Selling Whiskey Without License
William Webb Defendant
Now
at this day come the Defendant by his attorney and by leave of the Court files
herein his motion to quash said Indictment.
State of Missouri
Plaintiff
vs
Indictment for selling Brandy Without License
James F. Hornbeak
Defendant
Now at this day come the Defendant by his attorney and by leave of
the Court files herein his motion to quash said Indictment.
State of
Missouri
Plaintiff
vs
Indictment for Playing Cards on Sunday With Negro
Augustine Yocum
Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf
of the State of Missouri as well as the Defendant in his own proper person who
for a plea says he cannot deny but that he is guilty in manner and form as
charged against him in said
(continued)
120
GREENE COUNTY, MISS0URI, CIRCUIT COURT CASES
Book
JUNE TERM 1851
p 441 (continued)
The indictment and puts himself upon the mercy of the
Court. It is considered by the Court that he make his fine by the payment of
five dollars and also the costs herein expended for all of which execution may
issue with a capias clause.
State of Missouri
Plaintiff
vs
Indictment for Playing Cards With a Negro
Fleming Taggard Defendant
Now at
this day comes the Circuit Attorney who prosecutes on behalf of the State of
Missouri and moves the Court for an alias capias in this cause and all and
singular the premises being seen and fully understood it is ordered by the Court
that an alias capias issue directed to the Sheriff of Wright County against said
Fleming Taggard returnable to the next term of this Court to which time this
cause is continued.
State of M issouri
Plaintiff
vs
Indictment for Selling Liquor To A Slave
John Hunt Defendant
Now at this
day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri
and the said Defendant having failed to appear in Court Allen Fielden his
security being three times solemnly called to bring into Court the said John
Hunt cannot but make a fault on the first day of this term of this Court in
persuance of his recognizance. It is considered by the Court that the said
recognizance be forfeited and that a scieri facias issue in this cause
returnable to the next term of this Court.
p 442. Tuesday Morning 3 June
1851
State of Missouri
Plaintiff
vs
Indictment for Assault
Wm. Cunningham
Now this day was suggested to the
Court here that the Change of Venue in this case to this Court was never
completed wherefore it appears that this Court has no jurisdiction of said case.
The premises being seen and by the Court understood it is ordered by the Court
that this cause be stricken from the docket.
State of Missouri
Plaintiff
vs
Indictment for Selling Whiskey Without License
William Webb Defendant
Attorney
Now at this time come the Circuit Attorney who prosecutes in behalf
of the State of Missouri as well as the Defendant by his attorney and the motion
to quash said Indictment heretofore filed taken up and the premises having been
seen and fully understood by the Court it is considered by the Court that said
motion be sustained to which opinion of the Court in sustaining said motion to
quash said Indictment the Circuit Attorney excepted by leave of the Court files
herein his bill of exceptions in this cause and prays an appeal to the Supreme
Court which is granted.
State of Missouri
Plaintiff
vs
Indictment for Gaming
Henry Tesse Defendant
Now at this day come the
Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the
Court for an alias attachment in this cause. It is ordered by the Court that an
alias attachment be issued against George Jameson a witness in said cause
directed to the Sheriff of Jackson County returnable to the next term of this
Court to which time this cause is continued.
121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 432.
State of Missouri
Plaintiff
vs
Indictment for Gaming
R.J. Young Defendant
Now at this day come the
Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the
Court for an alias attachment against Henry Tesse directed, to the Sheriff of
Taney County returnable to the next term of this Court and all and singular the
premises being seen and understood it is ordered by the Court that said motion
be sustained that said attachment be issued and returnable to said next term
until which time this Court is continued.
p 443/444.
State of Missouri
Plaintiff
vs
Indictment for Betting on an Election
A.H. Payne Defendant
Now at this day
come the Circuit Attorney who prosecutes in behalf of the State of Missouri and
says by leave of the Court he will no further prosecute his said suit but
voluntarily suffers the same to be dismissed. It is therefore considered by the
Court that the said State take nothing by her said prosecution and that the said
Defendant be hereof discharged and go hence without day.
p 444.
State
of Missouri
Plaintiff
vs
Indictment for Betting on an Election
William Gray Defendant
Now at this
day come as well the Circuit Attorney who prosecutes on behalf of the said State
as the Defendant in his own proper person who for a plea says he cannot deny but
that he is guilty in manner and form as is charged against him in said
Indictment and puts himself upon the mercy of the Court. It is therefore
considered by the Court that he make his fine by the payment of the sum of ten
dollars together with the costs herein expended for all of which execution may
issue with a clause of capias.
State of Missouri
Plaintiff
vs
Indictment for Betting on an Election
A.H. Payne Defendant
Now at this day
come as well the Circuit Attorney who prosecutes in behalf of the State of
Missouri as the said Defendant in his own proper person who for a plea says he
cannot deny but that he is guilty in manner and form as he is charged in said
Indictment. It is therefore considered by the Court that he make his fine by the
payment of the sum of ten dollars together with the costs herein expended for
all of which execution may issue with a clause of capias.
p 445.
State
of Missouri
Plaintiff
vs
Indictment for Gaming
Isaac Faulkenberry Defendant
Now at this day come
the Circuit Attorney who presentS on behalf of the State of Missouri and says by
leave of the Court he will no further prosecute his said suit but voluntarily
suffers the same to be dismissed. It is therefore considered by the Court that
the said State of Missouri take nothing by her said prosecution and that the
defendant be hereof discharged and go hence without day.
122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 445
Caleb Horn
Plaintiff
vs
Appeal J.P.
Wm. Friend et al Defendants
Now at this day come the Plaintiff
in this cause and says by leave of the Court he will no further prosecute his
said appeal but voluntarily suffers the same to be dismissed. It is therefore
considered by the Court that the said Defendant have and recover of and from the
said Plaintiff their costs and charges in this behalf laid out and expended for
all of which execution may issue.
p 446.
State of Missouri
Plaintiff
vs
Indictment for Illegal Voting at an Election
Natban J. Phillips
Defendant
Now at this day come as well the Circuit Attorney who prosecutes on
behalf of the State of Missouri and the Defendant in his own proper person and
for a plea thereof says he is not guilty as charged against him in said
Indictment and puts himself upon the County and the Circuit Attorney doth the
like and thereupon came a Jury, to wit: Alpheus Huff 1. Matthew Chapman 2. John
H. Gibson 3. B.P. Smith 4. Martin Ingram 5. Wm. L. Herrington 6. James F.
Hornbeak 7. Jos. K. Gibson 8. Jas. McCrosky 9 Aguin 10. William Joiner 11. and
James Pendleton 12, twelve good and lawful men duly elected tried and sworn well
and truly to try the issue joined. And after nearing the evidence returned into
Court the following verdict "We the Jury find the Defendant
not guilty as
charged in the said Indictment." It is therefore considered by the Court that
the said State of Missouri take nothing by her said prosecution, that the said
Defendant be hereof discharged and go hence without day.
State of
Missouri
Plaintiff
vs
Indictment for Selling Brandy
James F. Hornbeak Defendant
Now at this day
come the Circuit Attorney who prosecutes on behalf of the State of Missouri as
well as the Defendant by his attorney and the motion heretofore filed to quash
said Indictment coming on to be heard, and all and singular the premises being
seen and fully understood it is considered by the Court that the said Motion be
sustained to which opinion of the Court in sustaining said Motion the Circuit
Attorney excepted.
State of Missouri
Plaintiff
vs
Indictment for selling Liquor, etc
Joseph D. Haden Defendant
Now at this
day come the Circuit Attorney who prosecutes on behalf of the State of issouri
as well as the Defendant by his attorney and the motion heretofore filed to
quash said Indictment coming on to be heard, and all and singular the premises
being seen and fully understood it is considered by the Court that the said
Motion be sustained to which opinion of the Court in sustaining said Motion the
Circuit Attorney excepted.
State of Missouri
Plaintiff
vs
Indictment for Selling Brandy Without License
James F. Hornbeak
Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf
of the State of Missouri and by leave of the Court files herein his bill of
exceptions and prayed an appeal to the Supreme Court which said appeal is
granted.
State of Missouri
Plaintiff
vs
Indictment for Selling Whiskey Without a License
Joseph D. Haden
Defendant
(continued)
123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C
JUNE TERM 1851
p 446 (continued)
Now at this day come the Circuit Attorney who prosecutes
on behalf of the State of Missouri and by leave of the Court files herein his
bill of exceptions and prayed an appeal to the Supreme Court which said appeal
is granted.
p 447 nil.
p 448.
Joseph Weaver, Kindred Rose and William H. Anderson commissioners
appointed heretofore by this Court to assign to Elizabeth Horn, widow of Thomas
Ilorn, dec'd, her dower in the estate of said Thomas Horn, dec'd, and to make
partition of the real estate aforesaid between the heirs of said estate this day
produced in Open Court their report which was approved of by the Court and
ordered to be filed.
p 449.
State of Missouri
Plaintiff
vs
Indictment for working on Sunday
Richard Hagan Defendant
Now at this day
come as well the Circuit Attorney who prosecutes in behalf of the State of
Missouri as the Defendant in his own proper person who for a plea says that he
is not guilty in manner and form as charged against him in said Indictnient and
puts himself upon the County and the Circuit Attorney doth the like
and
thereupon came a Jury to wit: Wm G. Roberts 1. R.G. Wells 2. Henry L.
Summers 3. B. F. Butler 4. A.H. Payne 5. Elijah Gray 6. Henry Matlock 7. Jeptha
Wallis 8. James W. Blakey 9. Wm. R. Watts 10. Alpheus Huff 11. E.B. Garrison 12,
twelve good and lawful men elected tried and sworn, who, after bearing the
evidence in this cause retired to consider of their verdict and after
deliberation informed the Court that they cannot agree and were by the consent
of parties discharged.
p 450.
State of Missouri Plaintiff
against
Indictment
for Selling Brandy Without License
James F. Hornbeak Defendant
Now at
this day come the Defendant James F. Hornbeak and John D. Brown his security and
severally acknowledged themselves to owe and stand justly indebted to the State
of Missouri in the sum of one hundred dollars to be levied of their respective
goods chattels lands and tenements to be void on condition that the said James
F. Hornbeak shall make his appearance in the Supreme Court of the State of
Missouri to be held at Jefferson City on the first day of the next term thereof
which will be holden on the first Monday in July, next, and abide the decision
of the said Court in this cause and not depart the same without leave that then
their recognizance shall be void otherwise remain in full force and virtue in
Law.
State of Missouri Plaintiff
against
Indictment
for Gaming
Sam'l Simpson Defendant
Now at this day come the Circuit
Attorney who prosecutes on behalf of the State of Missouri and says by leave of
the Court he will no further prosecute his said suit but voluntarily suffers the
same to be dismissed. It is therefore considered by the Court that the said
State of Missouri take nothing by her said Prosecution that the said Defendant
be hereof discharged and go hence without day.
State of Missouri
Plaintiff
against Indictment for Felonious Assault
William G. Roberts
Defendant
(continued)
124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 450 (cont)
Now at this day comes as well the Circuit Attorney who
prosecutes on behalf of the State of Missouri as the Defendant in his own proper
person who for a plea says he is not guilty in the manner and form as he is
charged in the said Indictment and puts himself upon the County and the Circuit
Attorney doth the like and thereupon came a Jury, to wit: John D.Brown 1.
William Harton 2. Braxton P. Smith 3. Woodson Howard 4. Erastus McMurray 5.
Joseph H. Miller 6. Garland Lanham 7. S. Tilman 8. Joseph K. Gibson 9. Pleasant
Bingham 10. Joseph Rountree 11 and J.R. Roberts, twelve good and lawful men duly
elected tried and sworn well and truly to try the issue joined after hearing the
evidence and argument of Counsel returned into Court the following verdict, to
wit,: "We the Jury find the Defendant is guilty in manner and form as charged in
the said Indictment and assess his fine at the sum of five hundred dollars." It
is therefore considered by the Court that he make his fine by the payment of the
sum of five hundred dollars to the State of Missouri the sum assessed by said
Jury and it is further considered by the Court that the said State of Missouri
recover of and from the said Defendant her costs and charges in this behalf
expended for all of which execution may issue.
p 451.
State of
Missouri Plaintiff
against
Indictment
for Sabbath Breaking
Benjamin Stone Defendant
Now at this day comes as
well the Circuit Attorney who prosecutes on behalf of the State of Missouri as
the Defendant in his own proper person who for a plea says he cannot deny but
that be is guilty in the manner and form as he is charged in the said Indictment
and puts himself upon the mercy of the Court. It is therefore considered by the
Court that he make his fine by the payment of the sum of two dollars together
with her costs expended for all of which execution may issue.
p 452.
State of Missouri Plaintiff
against
Indictment
for working on Sunday
Thomas Walker Defendant
Now at this day comes as
well the Circuit Attorney who prosecutes on behalf of the State of Missouri as
the Defendant in his own proper person who for a plea says he cannot deny but
that he is guilty in the manner and form as he is charged in the said Indictment
and puts himself upon the mercy of the Court. It is therefore considered by the
Court that he make his fine by the payment of the sum of two dollars together
with her costs expended for all of which execution may issue with a capias
clause.
p 435. Thursday Morning June 5th, 1851.
Ordered by the Court
that Thompson White a member of the present Grand Jury be discharged from any
further services as such Grand Juror at the present term of this
Court.
Ordered by the Court that Braxton T. Smith be sworn as a Grand
Juror for the remaining portion of this term of the Court which was
done.
p 453 - nil
125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 454.
State of Missouri Plaintiff
against
Indictment
for Selling Liquor
Mark Swadley Defendant
This day came as well the
Circuit Attorney as the said Defendant and said Defendant for plea says he is
not guilty in manner and form as he is charged in said Indictment, and for trial
puts himself on the County and the Circuit Attorney doth the like and thereupon
came a Jury to wit: Washington Wallace, Thomas Chapman, Annanias West, Walter
Hargus, Elijah Gray, A.W. Maupin, William Breedlove, E.P. Gott, H.R. Jarrett,
William F. Ward, H.J. Yandell, A.B. McClure, twelve good and lawful men who
being sworn well and truly to try the issue joined returned the following
verdict, to wit: "We `the Jury find the Defendant not guilty in manner and form
as he is charged in said Indictment.-" It is therefore considered by the Court
that the said Defendant go hence without day and be fully discharged from this
prosecution.
p 455.
State of Missouri Plaintiff
against
Reuben
Trobridge Defendant
It is ordered that an attachment issue against the
Defendant directed to theSheriff of Lawrence County returnable to the next term
of the Court for failing to appear and give evidence at this term as a witness
on behalf of the State against John Hunt.
State of Missouri
Plaintiff
against
Indictment
for Selling Liquor to a Slave
John Hunt Defendant
This day came the
Defendant and filed his motion to set aside the forfeiture of recognizance in
this cause.
State of Missouri Plaintiff
against
Indictment
for Disturbing Religious Worship
George D. Bailey Defendant
This day came
as well the Circuit Attorney as said Defendant and said Defendant for a plea
says that he is not guilty as charged in said Indictment and for trial puts
himself on the County and the Circuit Attorney doth the like and thereupon came
a Jury, to Wit: Martin Ingram, E.P. Gott, Wm. R. Hyde, Isaac Dyer, John Lair,
Wm. P. Cox, Erastus McMurray, Wm. Webb, Samuel G. Martin, William Townsend,
Benjamin Alsup and Alpheus Huff, twelve good and lawful men who being elected
tried and sworn well and truly to try the issue joined, returned the following
verdict "We the Jury find the Defendant not guilty in manner and form as he is
charged in said Indictment." It is therefore considered by the Court that said
Defendant go hence without day and be fully discharged from this
prosecution.
p 456/457
State of Missouri Plaintiff
against
Indictment
for Selling Liquor to a Slave
Mark Swadley Defendant
This day came
personally into Open Court said Defendant who says that he cannot deny but that
he is guilty as he is charged in said Indictment and pleas guilty thereto. Said
Defendant was by the Court fined the sum of twenty dollars. It is therefore
considered by the Court that the said Defendant make his fine by the payment to
the State of Missouri said s'irn of twenty dollars and that said
Plaintiff
(continued)
126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
p 456/457 cont.
recover against said Defendant her costs herein expended
and that execution issue therefore etc. and that said Defendant filed herein his
motion in arrest of Judgment and the same being duly considered was by the Court
overruled.
p 457/458.
Joseph Weaver adm of
Thomas Horn,
Dec'd
vs
Debt
Joseph H. Niller and John H. Miller
This day came the Plaintiff by
his attorney and the Said Defendants having been duly summoned and they not
appearing altho three times solemnly called but made default and the Plaintiff's
demand being liquidated and reduced to writing and the amount due as contained
thereby. It is therefore considered by the Court that said Plaintiff as ordered
aforesaid recover of and from said Defendants the sum of one hundred and ninety
two dollars and fifty two cents for his debt and seven dollars and 75 cents for
his damages expended and that execution issue
therefor.
p
459.
Hardy Biggs Plaintiff
against
Appeal
J.P.
Benjamin Cannefax Defendant
This day comes the Plaintiff in this
cause by his attorney and says by leave of the Court he will no further
prosecute his said appeal but will suffer the same to be dismissed. It is
therefore considered by the Court that the same be dismissed, that the Defendant
have and recover of and from the said Plaintiff his costs and charges in this
behalf expended, that the papers be remanded to the Justice and that execution
issue for said costs.
Stephen W. Neech Plaintiff
against
Assumpsit
John P. Campbell Defendant
Now at this day come the parties in this cause
by their Attorneys and thereupon came a Jury, to wit: John W. Steel, Hugh
Cunningham, Sam'1 Meadows, Wm. F. Roper, Sam'1 Wood, Christian Baker, Henry
Yandle Wm. Townsend, nine good and lawful men who was by the consent of said
parties agreed upon as a Jury to try the issue fter hearing the evidence
returned the following verdict, to Wit: "We the Jury find for the Plaintiff the
sum of one hundred and six dollars and twenty cents. It is considered by the
Court that he have and recover of and from said Plaintiff the aforesaid sum of
$106.20 together with costs for all of which execution may issue.
p
460.
It is ordered that an attachment issue against Sarah Summers and
Katherine Summers directed to the Sheriff of Greene County returnable to the
next term of this Court for failing to appear and give evidence before the Grand
Jury at this term of the Court when summoned to do as witnesses.
Thomas
W. Anderson Plaintiff
against
Attachment
Isaac Faulkenberry Defendant
This day came the Plaintiff by his attorney
and dismisses his suit. It is therefore
(cont)
127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
p 460 (cont)
considered by the Court that the Defendant recover of said
Plaintiff his costs herein expended and that execution issue therefor, etc.
p 461.
The Grand Jury came into Court and returned the following as
true bills of Indictment -
State of Missouri vs John T. Cave Indicted for
failing to keep road in order.
State of Missouri vs Nathaniel Batson Indicted
for failing to keep road in order.
State of Missouri vs John Yakely Indicted
for failing to keep road in order.
State of Missouri vs William Russel
Indited for failing to keep road in order.
State of Missouri vs Jeremiah
Blankenship Indicted for Gaming
State of Missouri vs Alexander Thompson
Indicted for Gaming.
Which were ordered to be filed and having no further
business were by the Court discharged, and it is ordered that capias's issue on
all indictments found at the present term of this Court by the Grand
Jury.
p 461/462
Hiram Hyden
Plaintiff
vs
Petition
William Breedlove Defendant
This day came the parties by their
attorneys and thereupon came a Jury, to wit: William P. Cox. William Garrout,
William B. Logan, Josiah F. Redfearn, Samuel S. Vinton, Richard W. Jones,
Washington Wallace, John Ellison, Thomas Green, James S. McQuerter, John Hopkins
and Tapley Daniel, twelve good and lawful men who being sworn well and truly to
try the issue joined heard a portion of the evidence and by the consent of the
parties were permitted to disperse until tomorrow morning 8 o'clock.
p
462/463/464 divorces - previously published.
p 464 - nil.
p 465.
A.J. Klepper and A.L. Galbreath Petitioners for a Writ of Adquod
Damnum
Now at this day come the said petitioners by their attorney and by
leave of the Court files herein their petition for a Writ of Adquod Damnum, and
the said petition being seen and by the Court fully understood. It is considered
by the Court that the prayer of said petitioners be granted, and that said Writ
of Adquod Damnum be awarded directed to the Sheriff of Greene County returnable
to the next term of Court requiring said Sheriff to enquire by twelve good and
lawful men what damages will accrue if any by the erection of said dam on the SE
1/4 of the
SE 1/4 of Section No. 21 in Township 29 of Range 20 on the 13th
day of June 1851 and that the said Sheriff return the verdict of said Jury
reduced to writing and signed by each of said Jurors at the,said next term of
this Court.
p 466.
G.W.Kelley
to
Deed
John Delaney
In the case of the deed executed by G.W. Kelley as Sheriff
of Greene County to John Delaney bearing date 31st of May 1850 it is ordered by
-the Court that said Deed be amended and it is accordingly done by said Sheriff
inserting the words two and Township immediately after the words NE fractional
1/4 Section No. which Deed is amended was again acknowledged as amended.
128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 466.
G.W. Kelley
Plaintiff
vs
Civil Action
Rountree, McCracken and Woods Defendants
Now at this day come
the Plaintiff in this cause by his attorney and by leave of the Court says that
be will no further prosecute his said suit against Andrew Rountree but will
suffer the same to be dismissed as to him, and the demand being founded on an
instrument of writing and the amount ascertained thereby. The Court do find that
the said John L. McCracken and Samuel Woods does owe and stand justly indebted
to the said Plaintiff in the sum of six hundred and twenty six dollars and
seventy eight cents debt and twenty dollars and thirty cents damages. It is
therefore considered by the Court that said Plaintiff recover of said Defendants
the aforesaid debt anddamages as well as c05t5 in this behalf expended for all
of which execution may issue.
p 467.
G.W. Kelley, Sheriff
to
Deed
Elijah Perkins
Be it remembered that this 7th day of June 1851 personally
appeared in Open Court George W. Kelley who is known by the Court to be the
Sheriff of Greene County and also known to the Court to be the same person whose
name appears to a Sheriff's Deed conveying to Elijah Perkins a part of Sect No.
one also a part of the NE 1/4 of Sect No. twelve all in Township No. thirty in
Range No. 22W and acknowledged the same to be his act and deed for the uses and
purposes therein mentioned and the same is ordered to be recorded.
George
W. Kelley, Sheriff
to
Deed
Rich S. Gott
Be it remembered that this 7th day of June 1851 personally
appeared in Open Court George W. Kelley who is known by the Court to be the
Sheriff of Greene County and also known to the Court to be the same person whose
name appears to a Sheriff's Deed conveying to Richard S. Gott a certain Lot in
the North Side of the City of Springfield fronting on Booneville St. North of an
Alley dividing it from Jenkinses Lot containing one and sixtysix hundredths
acres, and acknowledged the same to be his act and deed for the uses and
purposes therein mentioned, and the same is hereby ordered to be
recorded.
George W. Kelley, Sheriff
to
Deed
William B. Edwards
Be it remembered that this 7th day of June 1851
personally appeared in Open Court George W. Kelley who is known by the Court to
be the Sheriff of Greene County and also known to the Court to be the same
person whose name appears to a Sheriff's Deed conveying the following lot to
wit: Lot No. 1 Block 2 in the second tier of Lots in the City of Springfield and
acknowledged the same to be his act and deed for the uses and purposes therein
mentioned and the same is ordered to be recorded.
George W. Kelley
to
Deed
Horace Stanley
Be it remembered that this 7th day of June 1851 personally
appeared in Open Court George W. Kelley who is known by the Court to be the
Sheriff of Greene County and
(continued)
129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 467 (continued)
also known to the Court to be the same person whose name
appears to a Sheriff's Deed conveying the West 1/2 of the SW 1/4 of Sect No. 1
and the North 1/2 of the West 1/2 of the NW 1/4 of Sect No. 12 all in Township
No. 30 of Range No. 22 and acknowledges the same to be his act and deed for the
uses and purposes therein mentioned.
p 468.
George W. Kelley,
Sheriff
against
Fee
Bill $5l.14 1/2
Estate of Thomas C. Wilson, Dec'd
Now at this day come
G.W. Kelley Sheriff in and for Greene County, and presented his fee bill against
the said esta'te and all and singular the premises being seen and by the Court
understood. It is considered by the Court that he have the sum of fiftyone
dollars fourteen and a half cents from the said estate and that he retain the
same out of the moneys in his hands belonging to the said estate.
George
W. Kelley, Sheriff
against
Fee
Bill of $56.68
Estate of George R. Rainey Dec'd
Now at this day come G.W.
Kelley Sheriff in and for Greene County, and presented his fee bill against the
said estate and all and singular the premises being seen and by the Court
understood. It is considered by the Court that he have the sum of fifty six
dollars and sixty eight cents from the said estate and that he retain the same
out of the moneys in his hands belonging to the said estate.
George W.
Kelley, Sheriff
against
Fee
Bill of $19.20
Estate of Faith Darnall, Dec'd
Now at this day come G.W.
Kelley Sheriff in and for Creene County, and presented his fee bill against the
said estate and all and singular the premises being seen and by the Court
understood. It is considered by the Court that he have the sum of nineteen
dollars and twenty cents from the said estate and that he retain the same out of
the moneys in his hands belonging to the said estate.
p 469.
Bank of
State of Missouri Plaintiff
against
Civil
Action
Zachariah Sims, A.H. Adams & R.B. Adams Defendants
Now at this
day come the Plaintiff in this cause by her attorney and the said Defendants,
although three times solemnly called come not but make default, and the demand
being founded on an instrument of writing and the amount ascertained thereby the
Court do find that the said Defendants owe the said Plaintiff the sum of six
hundred and ninety eight dollars and ninety five cents for her debt and
twentysix dollars and forty cents damages and four dollars and fiftyfive cents
Protest. It is therefore considered by the Court that the said Plaintiff have
and recover of and from thesaid Defendants the aforesaid Debt, Damages and
Protest and costs in this behalf expended for all of which execution may issue.
Bank of Missouri
against
Civil
Action
Zachariah Sims, G.P. Shackleford, Joseph Weaver,
S.S. Vinton and
Daniel D. Berry
(continued)
130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C
JUNE TERM 1851
p 469 (cont)
Now at this day come the Plaintiff in this cause by her
attorney and the said Defendants, although three times solemnly called come not
but make default, and the demand being founded on an instrument of writing and
the amount ascertained thereby the Court do find that the said Defendants owe
the said Plaintiff the sum of one hundred and eighty six dollars and eighty
cents debt and interest, seven dollars and four cents damages and one dollar and
fifty cents protest. It is therefore considered by the court that the said
Plaintiff have and recover of and from the said Defendants the aforesaid debt,
interest damage and protest as well as her cost in this behalf expended for all
of which execution may issue.
John H. Akin
against
Petition
for Partition
Peter Akin and others
Now at this day come John H. Akin and
the resident Defendants by their attorney and it appearing to the satisfaction
of the Court that the order of publication had been complied with and the
petition for partition heretofore filed being ready for hearing which said
petition prays for partition of the following described real estate amongst the
following named heirs of the estate of Nancy Akin, deceased, to wit: James P.
Akin, Peter Akin, Thomas L. Akin, Nancy Riddle wife of Thomas Riddle, George W.
Akin, Mary F. Smith, deceased, has the following heirs, to wit: Peter S. Smith
and John E. Smith. Nancy I. Hayes wife of Isaac Hayes and Anderson LaFayette
Smith and Mary C. Smith (infants residing with their guardian Thomas Riddles)
which said real estate is described as follows, to wit: the W 1/2 of the NW 1/4
of Sect 23 of TWP 30 Range 21 (that each of said heirs of said Nancy Akin,
deceased, ) now living is entitled to one seventh part of said real estate and
that the children of Mary F. Smith deceased are entitled to oneseventh thereof.
It is therefore ordered adjudged and decreed that partition and division be made
of the above described real estate according to the respective rights of the
several heirs and the finding of this Court. That Thomas J. Whitlock, George W.
Mitchell and Blackman C. Thomas be and they are hereby appointed commissioners
to make the partition of said real estate accordingly if the same can be done
without great prejudice to the parties interested and if the same is not
susceptible of division, tbe report that fact at this present time of this
Court.
John C. Akin
against
Petition
for Partition, etc.
Peter Akin and others
Now at this day come Thomas 3.
Whitlock, George W. Mitchell and B.C. Thomas who was by this Court appointed
commissioners to make partition of the real estate of which Nancy Akin died
seized and possessed of, and makes their report, that in their opinion partition
of said real estate according to the Judgment of this Court cannot be made
without great prejudice to the owners thereof. It is therefore ordered by the
Court that the Sheriff of Greene County sell the same at public auction to the
highest bidder according to law on a credit of 12 months the purchaser or
purchasers giving bond with approved security.
Cutbirth Stump
Plaintiff
vs
Civil Action
Edmund E. Black Defendant
Now at this day come the Plaintiff
in this cause by his Attorney and says by leave of the Court he will no further
prosecute his said suit but will suffer the same to be dismissed. It is
therefore considered by the Court that the Defendant E.E. Black recover of and
from the said Plaintiff Cuthbirth Stump and Jones J. Hendricks,
(cont)
131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book C.
JUNE TERM 1851
p 470 (cont)
T.W. Kimmins, J.L. Fare, Adam Cluch, Elix Brown, Enoch L.
Hammer, Adam Garringer, William Carman, John Black, L.W. Allen, E.A. Pace, Wiley
J. Harper, C. George, Van S. Young, B. Samuel, J.S. Williams, Samuel Cline,
Wiley Hickman, T.J. Ham, Jonath Jones, Luke T. Edington, E.E. Cooper, William
Jinnings, S.T. Vitteto, John Yoachum, his securities his costs and charges in
this behalf laid out and expended for all of which execution may
issue.
Jacob Bodenhamer Plaintiff
against
Attachment
James P. Akin Defendant
Now at this day come the Plainti'ff by his
attorney and it appearing to the satisfaction of the Court that the order of
publication had been complied with and the Defendant failing to appear but make
default although solemnly called and the demand being founded on an instrument
of writing and the amount ascertained thereby. The Court do find that the said
Defendant owes and is indebted to the said Plaintiff the sum of thirty seven
dollars and ninety six cents for his damages, etc. It is therefore considered by
the Court that the said Plaintiff have and recover of and from the said
Defendant the aforesaid debt and damages as well as costs for all of which
execution may issue commanding the Sheriff to sell the property attached to make
the same.
END OF JUNE TERM 1851
END OF BOOK C.
132