Springfield-Greene
County LibraryApril Term 1835.
Page 80.
At a Circuit Court commenced and held at the Courthouse in the town of Springfield in Greene County, Missouri, on Thesday the 14th day of April in the year of our Lord 1835. Present: The Honourable Charles H. Allen Circuit Judge, Charley Cannefax Sheriff, Charles P. Bullock Clerk.
Larkin Payne foreman, Daniel B. Miller, Moses Form, James H. Alsop, Junius M. Rountree, Kindred Rose, David Wallace, Junius T. Campbell, Peter Apperson, Alfred S. Bond, James R. Smith, Martin Ingraham, Edward Thompson, Richard C. Martin, William Stout, Erastus McMurry, John Hedley, Benjamin Kimberlan, Reubin Harper and Samuel Dickson - were sworn a Grand Jury for the body of Greene County, and having their charges, retired.
State of Missouri Plaintiff
vs Indictment for Gaming
John G. Lock Defendant
This day came John G. Lock in his own proper person and for his plea saith he is guilty of the charges in the indictment against him as alledged and puts himself upon the mercy of the Court and the Circuit Attorney doth the like - whereupon the Court doth consider that the said John G. Lock make his fine to the State of Missouri by the payment of five dollars and one cent in damages together with costs and that he remain in the Custody
of the Sheriff until the cost and fine be discharged.
State of Missouri Plaintiff
vs Indictment for Gaming
Martin Fulbright & Samuel Teas Defendants
(cause ordered continued)
State of Missouri Plaintiff
vs indictment for Gaming
Samuel Teas and Ephraim Fulbright Defendants
(cont)
34
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A April Term 1835
Page 81
(Samuel Teas not found in Greene County. Pluries Copias awarded to Sheriff of Barry County - cause continued)
State of Missouri Plaintiff
vs Indictment for Gaming
Samuel Teas and William Price Defendants
(Samuel Teas not found in Greene County. Pluries Copias awarded to Sheriff of Barry County - cause continued)
State of Missouri Plaintiff
vs Indictment for Gaming
Samuel Teas and Elias W. Wallace Defendants
(Samuel Teas not found in Greene County. Pluries Copias awarded to Sheriff of Barry County - cause continued)
State of Missouri Plaintiff
vs Indictment for vending goods
without license
Valentine Miller & Abraham Testament Defendants
(Defendants could not be found. Pluries Copias awarded sheriff of Greene County. Cause continued)
Page 82.
State of Missouri Plaintiff
vs Indictment for Murder
James Cometius James Patterson Defendants
John Patterson
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said James Cometius in his own proper person and the said Circuit Attorney says he will not further prosecute this indictment. Thereforee it is considered by the Court here that the said Defendant, James Cometius, be discharged and go hence without day.
State of Missouri Plaintiff
vs Indictment Adultory and Fornication
Edmund J. Carter & Susan Evans Defendants
(Unable locate Defendants. Pluries capias directed to Sheriff of Benton County)
State of Missouri Plaintiff
vs Indictment Adultory and Fornication
Manuel Carter & Miss Raimey Defendants
(Manuel Carter appeared. Continued to next term of this Court)
Page 83.
State of Missouri Plaintiff
vs Indictment for Adultory and Fornication
Elijah Carter & Miss Raimey Defendants
(Elijah Carter appeared. Cause continued
35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April term 1835
Page 83.
Larkin Payne
vs Writ of Certiarari
Andrew Roler
This day came the said Larkin Payne by his attorney and upon motion of said Payne by his attorney it is ordered that this cause be dismissed at his cost. Thereforee it is considered by the Court here that the said Andrew Roler recover of the said Payne all costs and charges by him in this behalf laid out and expended and that he have thereof his writ of execution.
State of Missouri Plaintiff
vs Indictment for Adultory and Fornication
Manuel Carter & Miss Raimey Defendants
Manuel Carter to the bar of the Court here being brought. It is ordered by the Court here that he enter into recognizance to the State of Missouri in the sum of three hundred dollars with two securities in the sum of three hundred dollars for the appearance of the said Manuel Carter before the Court here to answer to the crime aforesaid and there-upon said Manuel Carter acknowledged himself to owe and stand justly indebted to the State of Missouri in the sum of three hundred dollars and Micajah Gentry and Christopher Elmore also personally here in court and who are, by the Court here deemed good and sufficient in like manner acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of three hundred dollars which said sum of money they and each of them acknowledge shall be made and levied of their respective goods and chattles lands and tenements to and for the uce of the State of Missouri in case the said Manuel Carter shall not make his personal appearance before the Court here on the first day of our next term of said Court and from day to day and shall depart the Court without leave thereof.
Page 84.
State of Missouri Plaintiff
vs Indictment Adultory and Fornication
Simeon Francisco & Mary Wallace Defendants
(Defendants not found in Greene County. Cause continued)
State of Missouri Plaintiff
vs Indictment Adultory and Fornication
Elijah Carter Miss Raimey Defendants
(Elijah Carter assessed three hundred dollars as Manuel Carter above. Same two, Micajah Gentry and Christopher Elmore, stood good as in above cause.)
Page 85.
State of Missouri Plaintiff
vs Indictment - Larceny
Jesse Noakes Defendant
This day came into Court here Aron Roberts, Jeremiah Pearson, Allen Twitty and James McKinney. Special bail for the said Defendant and surrendered to the Court here the body of the said Defendant in discharge of their bail and the said Defendant is by the Court here on the motion of the sail baile committed to the custody of the Sheriff of Greene County, there to remain until he, the said Defendant, shall find other sufficient bail or discharge by due course or law. Thereforee it is considered by the Court here that the said bail of and from the recognizance aforesaid be discharged.
36
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term 1835.
Page 85.
State of Missouri Plaintiff
vs Indictment. Keeping Faro Bank
William Loyd Defendant
(Defendant not found in Greene County. Cause continued)
State of Missouri Plaintiff
vs Indictment. Gaming
Roadham K. Payne Defendant
(cause continued)
State of Missouri Plaintiff
vs Indictment. Gaming
Samuel Erwin Defendant
(Not located in Greene County. Alias capias to Benton County. Cause continued)
Page 86.
State of Missouri Plaintiff
vs Indictement for Larceny
Manuel Carter Defendant
This day came here into Court the special bail of the said Defendant and surrendered here to the Court the body of the said Defendant in discharge of his bail - and the said Defendant is by the Court here on motion of the said bail committed to the custody of the Sheriff of Greene County, aforesaid, there to remain untill he, the said Defendant, shall find other sufficient bail or otherwise discharged by due course of law.
State of Missouri Plaintiff
vs Indictment for Larceny
Jesse Noakes Defendant
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant in his own proper person and files here in Court his affidavit in pursuance to the statute in such case made and provided for a continuance of this case.
George Duncan Appellant
vs Appeal
Samuel Bogart Appellee
This day came the parties by their attorneys, and the said Appellee, by his Attorney filed herein his motion to dismiss this appeal and all and singular the premises being fully understood by the Courts it is ordered that said appeal be dismissed - thereforee it is considered by the Court here that said Appellee recover against the said Appellant all costs and charges by him in this behalf laid out and expended and that he have thereof his writ of execution.
Page 87.
Ordered that the following rules be spread upon the records of this Court-Rules to be observed in the trial of causes in the Greene Circuit Court
1st Upon the calling of a cause which is at issue, the Plaintiffs Counsel shall state whether he is ready for trial - and if ready the cause shall proceed to trial unless the Defendant makes out good grounds for a continuance
2nd The Counsel holding the affirmative of any proposition shall make his statement to the Court, to which the opposing Counsel may reply - after which the opening Counsel may reply - after which the opening Counsel may conclude - and the Court shall decide without further argument.
3rd All exceptions to the competancy of testimony or the statement of Counsel shall be made to the Court - and when so made all side bar controversey between the Counsel shall cease - and any controversey between the Counsel about the exceptions after they are decided will be considered a breach of good order and decoram and in contempt of the Court.
37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term 1835.
Page 87.
Jesse Noakes Appellee
vs Appeal
Daniel D. Berry Appellant
This day came the parties by their attorneys and the Appellee files herein his motion to dismiss this Appeal which was argued and all and singular the premises being fully understood by the Court it is ordered by the Court here that this motion be overruled.
Ordered that Court adjourn until tomorrow morning at 9 of the clock.
Page 88.
Wednesday morning 9 of the Clock. Court met pursuant to adjournment.
Present - The Honourable Charles H. Allen Circuit Judge, Charley Cannefax Sheriff, Charles P. Bullock Clerk.
State of Missouri Plaintiff
vs Indictment for Murder
James Cornelius Defendant
William Porter Witness in above cause presents his account amounting to $10 which was examined in open Court and ordered to be certified to the Auditor of Publick Accounts for allowance.
--same cause--
William Pow, witness eleven dollars.
Micajah Edwards, witness eleven dollars.
Reubin Cornelius, witness two dollars
Page 89.
same cause-
Henry E. Dooley, witness nine dollars
Amus Richardson, witness nine dollars
John Edwards - guarding Defendant for 52 days, while under guard - nineteen dollars and fifty cents.
Uriah Williams, witness thirty eight dollars
Major Homer,witness forty dollars
Page 90
John S. Burnett Plaintiff
vs Trespass
Elias W. Wallace & Robert Patterson Defendants
(Continued until next term of Court)
Jesse Noakes Plaintiff
vs
Daniel D. Berry Defendant
(Cause continued)
State of Missouri Plaintiff
vs Indictment for Adultory and Fornication
Manuel Carter & Miss Raimey Defendants
William Henry, Ephraim Jameson, James Bevins and Peter Apperson came into Court and acknowledged themselved indebted to the State of Missouri in the just and full sum of fifty dollars each to be levied of their respective goods and chattles lands and tenements to be void however that the said William Henry, Ephraim Jameson, James Bevins and Peter Apperson shall make their personal appearance here at the next term of this Court on
(cont)
38
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term 1835.
Page 90. (cont)
on the first day thereof and testify in a certain matter of controversery in our said Court pending wherein the State of Missouri is Plaintiff and Manuel Carter and Miss Ramey are Defendants and not depart the Court without leave.
State of Missouri Plaintiff
vs Indictment. Adultory and fornication.
Elijah Carter & Miss Raimey Defendant
William Henry, Ephraim Jameson, James Bevins and Peter Apperson came into Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of fifty dollars each to be levied of their respective goods and chattles lands and tenaments and to be void however that they
(Page 91)
appear here on the next day of our next term of Court and testify in a certain matter of controversey in our said Court pending wherein the State of Missouri is Plaintiff and Elijah Carter and Miss Ramey are Defendants and not depart therefrom without leave of Court.
State of Missouri Plaintiff
vs Indictment - Larceny
Manuel Carter Defendant
James Bevins, Christopher Elmore and William Henry came into Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of fifty dollars each to be levied of their respective goods and chattles lands and tenements to be void however that they make their personal appearance here on the first day of our next term of this Court pending wherein the State of Missouri is the Plaintiff and Manuel Carter is Defendant and not depart therefrom without leave of Court.
John Wilson Plaintiff
vs Petition for Mandamus
The Greene County Court Defendant
This day came the parties into Court and upon motion and upon mutual concent this cause is ordered to be continued untill the next term of Court.
Ephraim Jameson Plaintiff
vs Writ of Prohibition
William C. Campbell Defendant
This day came the Plaintiff by his attorney and the Defendant, tho solemnly called, came not but makes default whereupon all and singular premises being heard and fully understood by the Court, it is considered by the Court that the Prayer of the said Plaintiff in his said petition be granted him and that the said Defendant forever prohibited from proceeding any further upon said judgment and that said Plaintiff have his writ of prohibition thereforee, also that said Plaintiff recover against said Defendant - his costs by him about his suit in this behalf laid out and expended and that he have his writ of execution therefore.
Page 92.
Erastus McMurry Plaintiff
vs Appeal
Littleberry Hendrick Defendant
(Court finds no cause for suit, so Plaintiff by his attorney says he will no longer pursue. Defendant recover from Plaintiff costs, charges and have his writ of Execution.
39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term.
Page 92.
William Rowe Plaintiff
vs Trespass
Joseph Morrison Defendant
(Dismissed by Plaintiff. Plaintiff pay costs and costs expended by Defendant)
Larkin Payne Plaintiff
vs Petition for Writ of Prohibition
Joseph Porter Defendant
(Court decides that Prayer by said Plaintiff aught not be answered. Defendant recover against Plaintiff all costs this cause)
Page 93.
James Pool Plaintiff
vs Assumpsit
Joseph Weaver Defendant
This day came the parties by their attorneys and the Plaintiff by leave of the Court files herein his bond with security for the costs of this suit and by consent of parties this cause is ordered to be continued untill next term of this Court.
Jessie Noakes Plaintiff
vs Appeal
Daniel D. Berry Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: Ephraim Jamison, Amos Richardson, Robert Patterson, James McKinney, John Decker, Thomas Duke, Joseph Rountree, William Garrison, James W. Johnson, Samuel Vaughn, John Mooney and Curtis Moore who being elected tried and sworn well and truly to try the issue in this cause. After hearing the evidence and argument of Counsel in this cause, retired to consider of their verdict - and not being able to agree upon their verdict, returned into Court and by consent of parties were discharged and the cause is ordered to be continued untill the next term of this Court.
George Alexander Plaintiff
vs Assumpsit
James Smith Defendant
(Cause continued to next Court term)
William Payne Plaintiff
vs Case
Alexander Younger Defendant
This day came the Defendant by his attorney and filed herein his pleas not guilty and justification.
Page 94.
William M. Payne Plaintiff
vs Case
Archilles T. Burnet and Alias Defendants
This day came the Plaintiff by his attorney and his motion this cause is ordered to be dismissed as to the Defendant Junius T. Campbell. It is thereforee considered by the Court that the said Defendant, Junius T. Campbell, recover against said Plaintiff his costs by him about his defence in this behalf laid out and expended and that he have his writ of execution thereforee
40
GREENE COUN'IY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term
Page 94
State of Missouri Plaintiff
vs Indictment - Gaming
Roadham K. Payne
This day came the Circuit Attorney as well as the said Defendant in his own proper person and for his plea in this behalf saith that he is guilty in manner and form as in said indictment charged against him and puts himself upon the mercy of the Court - and the Circuit Attorney doth the like - whereupon all and singular - the premeses being heard and fully understood by the Court - it is considered by the Court that said Defendant make his fine to our said State by the payment of five dollars as well as one cent in damages - and that our said State also recover against said Defendant her costs in this behalf laid out and expended and that said Defendant fine and costs be paid.
State of Missouri Plaintiff
vs Indictment for Murder
James Cornelius Defendant
James Dollison, for boarding of Defendant - in above cause presents his account amounting to four dollars and eightyseven and one half cents which was examined in open Court and ordered to be certified to the Auditor of Publick Accounts for allowance.
Page 95.
The Grand Jury returned an indictment against John Roberts for slitting the ear of one Kindred Rose. "A true bill" and no further business before them were discharged.
Ordered that Court be adjourned until 10 of the clock tomorrow morning.
C.H. Allen Circuit Judge.
Thursday morning 9 of the clock. Court met pursuant to adjournment.
Present: The honourable Charles H. Allen Circuit Judge, Chesley Cannefax Sheriff and Charles P. Bullock Clerk.
George Alexander Plaintiff
vs Assumpsit
James Smith Defendant
(Cause continued until next Court term)
William Payne Plaintiff
vs Slander
Alexander Younger Defendant
(Cause continued until next Court term)
Page 96.
William Roe Plaintiff
vs Trespass
Joseph Morrison Defendant
(Cause dismissed at Plaintiff costs)
Robert Graham Plaintiff
vs Petition and Summions
William Welch & Jacob Lindley Defendants
This day came the Plaintiff by his attorney and the Defendant being solemnly called came not but makes Default thereforee it is considered by the Court here that the said sum of one hundred dollars, this debt aforesaid, is the sum of seven dollars and fifty cents for his damages sustained by reason of the detention of the said debt together with costs and charges by him in the behalf.
41
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term.
page 96.
Henry Fullbright Plaintiff
vs Petition for Writ of Mandamas
The Greene County Court Defendant
This day came Henry Fullbright by his attorney and filed here his petition praying the Court for a writ of Mandamus directed to the County Court for the County of Greene commanding said Court to grant to the said Fullbright a Jury or to allow to him the said Fullbright one dollar and twentyfive cents per day for his services as set forth in said petition and to him it is awarded in the alternative and this cause is ordered to be continued until the next term of this Court.
Page 97.
William M. Payne Plaintiff
vs Slander
Alexander Younger Defendant
This day came the Defendant by his attorney and filed herein his motion to rule said Plaintiff to security - and all and singular the premises being fully heard and understood by the Court it is ordered by the Court here that said motion be overruled.
John Sanling Plaintiff
vs Trespass
John D. Shannon Defendant
This day came the parties by their attorneys and the Defendant by his attorney filed herein his motion to said Plaintiff to Security whereupon the said Plaintiff by his attorney filed his motion praying leave of the Court here according to the form of the Statute in such case made and provided to sue as a pauper and to him leave is given and this cause is ordered to be continued until the next term of this Court.
George Duncan Plaintiff
vs Petition for a Writ of Prohibition
Thacker Vivion Defendant
This day came George Duncan by his attorney and filed herein his petition praying the Court for a Writ of Prohibition directed to Thacker Vivion a justice of the peace within and for Springriver Township, County of Greene, commanding him to stay all further proceeding upon the Judgment obtained before him as set forth in said petition wherein Samuel Bogart was Plaintiff and the said George Duncan was Defendant and to him it is granted in the alternative and this cause is ordered to be continued to the next term of this Court.
Page 98.
William M. Payne Plaintiff
vs Case
Archilles J. Burnett and others Defendants
This day came the Defendants by their attorney and filed herein their motion to rule the Plaintiff to security and all and singular the premises being fully understood by the Court it is ordered by the Court that said motion be overruled.
William M. Payne Plaintiff
vs Case
Archilles J. Burnett and others Defendants
Again came the parties by their attorney and the Demurrer filed in this cause to the special pleas of the Defendants except Defendants Achilles J. Burnett and James T. Campbell being argued and all and singular the premises being fully understood
(cont.)
42
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term
Page 98 (cont)
by the Court doth consider that the law is with the Plaintiff, thereforee it is considered by the Court here that the said Plaintiff recover of said Defendants his costs by him in this behalf laid out and eppended.
William M. Payne Plaintiff
vs Case
Alexander Younger and others Defendants
(Cause continue until next Court term)
William Fullbright & Achilles J. Burnete Plaintiffs
vs
John P. Campbel & John Welker Defendants
(Ordered to be continued until next term of Court)
Page 99
State of Missouri Plaintiff
vs Indictment for Larceny
Jesse Nokes Defendant
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Jesse Nokes in his own proper person and the said Defendant for his plea say he is not guilty and thereupon came a Jury to wit: John Decker, James Washburn Jr, Christopher Elmore, Micajah Gentry, John Mooney, Franklin Trewit, James Beaman, William Price, David Ross, Elias W. Wall, James Carter, Isaac Woods who were elected tried and sworn well and truly to try the traverse in this cause and after having heard the evidence and argument of counsel returned the following verdict, to wit: We of the Jury find the Defendant not guilty - thereforee it is considered by the Court here that the said Jesse Nokes of the premises aforesaid in the indictment aforesaid, be discharged and that he go thereforee without day.
Ordered that Court adjourn until 10 of the clock tomorrow morning.
C.H. Allen Circuit Judge
Court met pursuant to adjournment - Present Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, Charley Cannefax Sheriff.
Charles P. Bullock Clerk of the Greene Circuit Court presented an account amounting to sixty three dollars and fifty cents money received by virtue of his office as Clerk which was examined and ordered to be certified to the Auditor of Publick Accounts.
State of Missouri Plaintiff
vs Indictment for Murder
James Cornelius Defendant
Charles D. Bullock presented his account for fees as Clerk amounting to twentysix dollars and seventyeight and three quarters cents which was examined by the Court and ordered to be certified to the Auditor of Publick Accounts for allowance.
State of Missouri Plaintiff
vs Indictment for misdemeanor in office
George Winton Defendant
John D. Shannon presented his account as Sheriff of Greene County amounting to three dollars which was examined in open court and ordered to be certified to the County Court for allowance.
43
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term
Page 100.
State of Missouri
vs Indictment Adultory and Fornication
Mathes ? and Jane Murray
John D. Shannon Sheriff of Greene County presents his account in the above cause amount of one dollar which was examined in open court and ordered to be certified to the County Court for allowance.
State of Missouri
vs Indictment for Adultory and Fornication
Joseph Applegate and Elizabeth Mackey
John D. Shannon Sheriff of Greene County presents his account in the above cause amount of two dollars and fifty cents which was examined in open court and ordered to be certified to the County Court for allowance.
Page 101.
State of Missouri
vs Indictment for Gaming
Martin Fulbright and Samuel Teas
John D. Shannon Sheriff of Greene County presented his account in the above cause amount of two dollars which was examined in open court and ordered to be certified to the County Court for allowance.
Same vs Same
John Roberts Coroner for Greene County presented claim for one dollar Thomas Myers Sheriff of Pulaski County presented claim for fifty cents John Robertson, witness, presented his claim for seven dollars and twenty cents John Fulbright presents his account as witness amounting to two dollars and ten cents
Page 102.
State of Missouri
vs Indictment for Larceny
Jesse Noaks
Stephen Fisher presents his account in the above cause for guarding and boarding said Noaks amounting to two dollars and fifty cents John Roberts Coroner for Greene County presents his claim above case six dollars and ninety three cents John Roberts Coroner for Greene County presented his accounts for two days attendance of the Court at the present term amounting to three dollars which was examined in open court and ordered to be certified to the County Court for allowance.
Ordered that John Wilson be allowed the sum of ten dollars for services in attaining the Grand Jury at the present term of this Court and that the same be certified to the County Court for allowance.
State of Missouri
vs Indictment for Murder
James Cornelius
John Roberts Coroner for Greene County presents his accountamounting to three dollars and fifty cents which was examined in open court and ordered to be certified to the County Court for allowance.
44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. April Term
Page 102.
Charlie Cannefax Sheriff of Greene County presented his account in the case of State of Missouri vs James Cornelius for Murder amounting to nine dollars and twentytwo and one half cents which was examined in open court and ordered to be certified to the Audiror of Publick Accounts for allowance.
Same vs Same
Thomas Horn Deputy Sheriff of Greene County presented his claim for fifty cents Thomas Myers Sheriff of Pulaski County presented his claim for thirty seven and onehalf cents. John Shannon Sheriff of Greene County presented his claim for three dollars A.W. Morrison Sheriff of Howard County presented his claim for one dollar and fifty cents
John Sandlin Plaintiff
vs
John D. Shannon Defendant
Ordered by the Court here that the order allowing the Plaintiff in this cause to sue as a Pauper upon good cause shewn to Recorder - and this cause is ordered to be continued untill the next term of this Court.
Ordered that Court adjourn untill Court in Course.
W.H. Allen
45
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