Springfield-Greene
County LibraryAugust Term 1860
p 95.
Be it remembered that at a regular term of the Greene Circuit Court held at the Court House in Springfield, Greene County, Missouri, on the first Monday in August 1860 there was present the Honorable P.H. Edwards, Circuit Judge; Julian Frazier, Circuit Attorney; J.W.D.L.F. Mack, Clerk of said Court and Henry Matlock Sheriff of Greene County.
W.R. Ingram et al Plaintiff
vs Petition for Partition
Thomas B. Payne et al Defendant
Now at this day conies the Plaintiff by attorney and on motion it is ordered that the record be corrected so as to read "The SE 1/4 of Sect 35 TWP 29 Range 22, instead of SE 1/4 of Sect 34 TWP 29 Range 22."
Tuesday August 7, 1860.
Now at this day comes the Sheriff and returns into the Court the following pannell for a Grand Jury, viz
C. Cannefax who is by the Court appointed foreman, W.G. Evans, Sterling Smith, William Christopher, H. H. Blanchard, P.J. Nicholson, John Williamson, Jos Thompson, J.A. Renshaw, Charles Wadlow, W.P. Dysart, Levi Trantham, W.W, Andrews, J.H. Gibson, R..S. Gott, Sol Cottner, Elijah Hunter, 17 good and lawful men who being duly elected charged and sworn returned to consider of their presentments.
p 96, 97 Filing of actions.
p 98.
State of Missouri Plaintiff
vs Disturbing Peace
Marshal Amos Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person who says he is guilty as charged and the Court doth order that the Defendant be fined the sum of five dollars for the commission of the offense.It is therefore considered by the-Court that the State of Missouri have and recover of and from said Defendant the sum of five dollars as a fine and also his costs laid out and expetided and that he have an execution therefor.
Following causes continued until next term of this Court-
State of Missouri vs John Murrain Peddling Without License
State of Missouri vs A.J. Brown Grand Larceny
State of Missouri vs Marcus Wbite Carrying off a Female
State of Missouri vs Hiram Tindal Alias issued for.
p 99 Tuesday August 7, 1860
State of Missouri Plaintiff
vs Disturbing Peace
A K. Adams Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and having announced themselves ready for trial, thereupon comes a Jury, viz W.S. Bagby, R.L. Rainey, R.H. Edmonson, John Thurman, John Layton, T.C. Drumright, B.M. Potter, Alex Evans, W.G. Porter, N. Ford, W.A. Appleby and R.N. Davis, 12 good and lawful men who being duly elected, tried and sworn to try the issue joined, upon their oath say "Wethe Jury find the Defendant guilty in manner and form as charged and assess his fine at $5." It is therefore considered by the Court that the State have and recover of and from the Defendant her said fine of $5 and also costs and that the said Defendant remain in the custody of the Sheriff until fine and costs are paid.
1
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
AUGUST TERM 1860
BOOK E.
p 100
State of Missouri Plaintiff
vs Disturbing the Peace
A.K. Adams Defendant
Now at this day comes the Defendant A.K. Adams and E.L. McElhaney who in consideration that execution on the Judgment rendered in this cause be stayed until with thirty days of next Court the said E.S. McElhaney agrees that if the same be not paid by that time that execution issue against him in connection with said Defendant for the same.
p 101/102 Wednesday August 8th 1860
Theodore Myer and Frederick Braun Plaintiffs
vs Civil Action
William M. Hunt Defendant
Now at this day comes the Plaintiff by attorney and it appearing that Defendant was duly served with process and having failed to plead, answer or demur to Plaintiff;s petition and the same being founded on a bill of exchange accepted by Defendant and the amount ascertained thereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $497.90 debt and the sum of $16.69 interest and also damage for the sum of $19.91 together with $3.70 protest fees. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt, interest and damages and protest fees as aforesaid and also his costs laid out and expended and that he have an execution therefor.
p 102.
William B. Logan Plaintiff
vs Civil Action
Samuel Thomas Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly served with process and the demand being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same (the Defendant neither pleading, answering or demurring to the same) that the Defendant is indebted to said Plaintiff in the sum of $535.45 debt and also the sum of $10.03 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his debt and damages aforesaid with interest thereon from this time at the rate of 10% and also his costs laid out and expended and that he have execution therefor.
Thomas S. Young, Alexander Young,Charles H. Wood, Daniel C. Young & Charles Perrin Plaintiffs
vs Civil Action
Robert W. Donnell, Wilson Skeen and William Pitt Defendants
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having neither plead, answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendants and the amount ascertained thereby.
The court doth find from an examination of the same that Defendants are indebted to Plaintiffs in the sum of $204.75 debt and also $7.65 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendants their said debt and damages and also his costs laid out and expended and that they have an execution therefor.
2
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 103.
Henderson Hubbert Plaintiff
vs Civil Action
Jervis M. Barker,
Joseph Cravens Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants had been duly served with process and having neither plead, answered or demurred to Plaintiffs Petition and the same being founded on an instrument of writing signed by Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that Defendants are indebted to Plaintiffs in the sum of $113.50 debt and also $29.97 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendants their said debt and damages and also his costs laid Out and expended and that they have an execution therefor.
p 104.
The Bank of the State of Missouri Plaintiff
vs Civil Action
R.J. Beal, J.F. Brown and
Reuben E. Blakey Defendants
Now at this day comes the Plaintiff by attorney and says he will dismiss this cause as to R.J. Beal. And it appearing that the other Defendants, James R. Brown and Reuben E. Blakey have been duly served with process and neither pleading, answering or demurring to the Plaintiff's petition and the same being founded on a Bill of Exchange accepted by Defendants, the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiffs in the sum of $250 debt and $1.35 interest and also ten dollars damage together with two dollars protest fees. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt, interest and damages as aforesaid and also protest fees and also cost of suit laid out and expended and that he have an execution therefor.
The Bank of the State of Missouri Plaintiff
vs Civil Action
A.H. Goodin, John Q. Hackney,
John S. Hardin, J.A. Murray &
George W. Cooper Defendants
Now at this day comes tbe Plaintiff by attorney and it appearing that the Defendants have been duly served with process and having neither plead, answered or demurred toPlaintiff's petition and the same being founded on a Bill of Exchange accepted by Defendants and the Amounts ascertained thereby, the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $400 debt $16 interest and $12.90 damages and $2 protest fees: It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt interest and damages as aforesaid and also protest fees and also cost of suit laid out and expended and that he have an execution therefor.
p 105.
The Bank of Missouri Plaintiff
vs Civil Action
James Hughes, John D. Wiley,
G.J. Wiley and Henry Small Defendants
Now at this day comes the Plaintiff by attorney and it appearing that the Defendants had been duly served with process and having neither plead answered or demurred, to
(continued)
3
GREEN COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 105 (cont)
Plaintiff's petition and the same being founded on a Bill of Exchange drawn and endorsed by said Defendants and the amount ascertained thereby.The Court doth find by an examination of the same that Defendants are indebted to Plaintiff in the sum of $800 debt and $32 damages and $14 interest and protest fees. It is therefore considered by the Court that the Plaintiffs have and recover of and from said Defendants his said debt, damages interest and protest fees and also costs of suit laid out and expended and that she have execution therefor.
John How Plaintiff
vs Civil Action
J.F. Brown and F.H. Warren Defendants
Now at this day comes the Plaintiff by his attorney and by leave of Court this cause as to F.H. Warren be dismissed. And it appearing that the Defendant J.F. Brown has been duly served with process and having neither plead, answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendand and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is indebted to the said Plaintiff in the sum of $747.48 debt and $62 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also his cost laid out and expended and that he have an execution therefor.
p 106.
Morrison divorce previously extracted.
Ordered that Henry Parberry and W.B. Cullom be permitted to sign the Roll of Attorneys.
(Spelling is Parbury in Holcomb History)
p 107.
H.F. Fellows Plaintiff
vs Civil Action
Jervis M, Barker Defendant
Now at this day comes the Plaintiff by attorney and it appearing that the Defendant had been duly served with process and having neither plead, answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $257.25 debt and also $33.96 damages. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as aforesaid and also his costs laid out and expended and that execution by agreement be stayed until the first of December, next.
p 108.
State of Missouri Plaintiff
vs Disturbing the Peace
Thomas Neaves Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced ready for trial thereupon came a Jury, viz William Epps, W.H. Prater, H. Matthews, Jos. Headlee, R.H. Edmondson, J.W. Steel, R.H. Dixon, J.P. Gray, T.B. Holland, W.B. Roper, K. Rose and John Noblet, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant guilty in manner and form as charged and assess his fine at $4.76." It is therefore considered by the Court that the State of Missouri have and recover of and from said
(continued)
4
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 108 (cont)
Defendant his said fine of $4.76 and also cost of suit and that she have executiontherefor.
State of Missouri Plaintiff
vs Disturbing the Peace #1.
Thomas Neaves Defendant
Now comes H.H. Neaves and in consideration that execution be stayed until 30 days before the next term of this Court agrees that he will stand security for the Judgment for fine and costs in this cause and if not paid by that time agrees that execution issue against Defendant and him, said H.H. Neaves, for the same.
p 109.
Following causes continued until next term of this Court
State of Missouri vs C. Bodenhamer Cruelty to Slave
State of Missouri vs Wm. Rountree and Thomas Wolf Kidnapping
State of Missouri vs " " ". ." " Felonious Assault
State of Missouri vs William Rountree & Thomas Wolf Disturbing Peace
State of Missouri vs " " " " " Grand Larceny
p 110
State of Missouri Plaintiff
vs Gaming
John Dixon Defendant
Now at this day comes the Circuit Attorney who says he will not further prosecute this suit, It is therefore ordered by the Court that the same be dismissed and that the State of Missouri take nothing by suit and the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming
A.J. Ricketts Defendant
Now at this day comes the Circuit Attorney who says he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and that the State of Missouri take nothing by suit and the Defendant be discharged hereof and go hence without day.
p 111.
State of Missouri Plaintiff
vs Disturbing the Peace
B. Robberson and Thomas Neaves Defendants
Now at this day comes the Circuit Attorney and also the Defendants and having announced ready for the trial thereupon came a Jury viz Samuel Fulbright, B. M. Potter, J.H. Martin, J.S. Butler, William Blakey, E.L. McElhaney, J.T. Campbell and Isaac Saluder, twelve good and lawful men, who being duly elected tried and sworn having heard the evidence and instruction of Court upon oath say, "We the Jury find the Defendants guilty in manner and form as charged and do assess a fine of $7.50 on each of Defendants." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant B. Robberson his said fine of $7.50 and also her costs and that she have execution thereon. And it is also considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant, Thos. Neaves her fine of $7.50 and also her costs and that she have execution therefor. (add following Jurors S. Bagby, E. Herrington, Joel Phillips, Robert Forrester)
5
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 111.
State of Missouri Plaintiff
vs Disturbing Peace
Roberson and Thomas Neaves Defendants
Now at this day comes HarveyV H. Neaves and agrees that in consideration that execution be stayed on a Judgment this day rendered in the above entitled cause against said Defendants for $7.50 each and costs be stayed until 30 days before the next term of this Court. That he will stand security for the same and that the same be not paid by that time the execution issue against him and said Defendants for the same.
p 112.
State of Missouri Plaintiff
vs Disturbing Peace
Abel Neaves Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute this suit, Tt is therefore ordered by the Court that the same be dismissed that the State of Missouri take nothing by her Suit and that the Defendant be discharged and go hence without day.
State of Missouri Plaintiff
vs Selling Liquor Without License #2
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and the Defendant by Attorney and it is agreed by the parties that this cause be continued until a certain cause in which the State is Plaintiff and the said M. Tannehill is Defendant and on which suit the State of Missouri obtained a Judgment is decided by the Supreme Court, and if the Judgment of the Court is affirmed, then it is agreed by the parties that the Court shall render Judgment in favor of the State and against the Defendant, and if the Judgment is reversed in the Supreme Court, then the indictment in this cause is to be dismissed and if the Defendant fails or neglects to take said cause to the Supreme Court than and in that case it is agreed that this Court shall render Judgment in favor of the State against said Defendant the facts involved in this case and the one to be taken to the Supreme Court are the same.
p 113.
State of Missouri Plaintiff
vs Selling Liquor Without License #3 #4 #5(all same)
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and the Defendant by attorney and it is agreed by the parties that this cause be continued until a certain cause in which the State is Plaintiff and the said M. Tannehill is Defendant and on which suit the State of Missouri obtained a Judgment is decided by the Supreme Court, and if the Judgment f the Court is affirmed, then it is agreed by the parties that the Court shall render Judgment in favor of the State and against the Defendant, and if the Judgment is reversed in the Supreme Court, then the Indictment in this cause is to be dismissed and if the Defendant fails or neglects to take said cause to the Supreme Court then and in that case it is agreed that this Court shall render judgment in favor of the State against the Said Defendant the facts involved in this case and the one to be taken to the Supreme Court are the same.
6
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p114 Thursday August 9th 1860.
R.A.M. Rose Plaintiff
vs Civil Action
A. Fulden and D. Chandler Defendants
Now comes the Flainiff by Attorney and the Court doth find from the evidence that a' mistake or Clerical Error occurred in the computation of the interest in this cause and it is ordered that the same be corrected so as to read $59.58 damage and that the execution and Judgment be corrected accordingly.
p 115.
Wells and Brother Plaintiff
vs Civil Action
Henry Fireanfold Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendant had been duly served with process and having neither plead, answered or demurred to Plaintiff petition and the same being founded on an instruction of writing signed by Defendant and the amount ascertained thereby, the Court doth find by an examination of the same that the Defendant is indebted to Plaintiff in the sum of $124 and also the sum of $6 damage. It is therefore considered by the Court that Plaintiff have and recover from the Defendant his said debt and damage as aforesaid and also costs of suit and that he have an execution therefor.
State of Missouri Plaintiff
vs Disturbing the Peace
Reuben E. Blakey Defendant
Now at this day comes the Circuit Attorney and also the Defendant who announces ready for trial and the parties agree to try the cause with eight Jurors , whereupon came a Jury, viz J.D. Brower Jr, Hiram Vaughn, H. Matthews, William Prater, George Ellis, John Hursh, N.C. Whinry, W.G. Gray, eight good and lawful men who being duly elected, tried and sworn having heard the evidence and received the instructions of the Court upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged." It is therefore considered by the Court that the State of Missouri take nothing by her Suit and that the Defendant be discharged hereof and go hence without day.
p 116.
State of Missouri Plaintiff
vs Disturbing Peace
Thomas Neaves Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment whereupon the Court doth assess as a punishment on said Defendant a fine of $5 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also costs of such and that she have an
execution therefor.
State of Missouri Plaintiff
vs Disturbing Peace
Thomas Neaves Defendant
Now comes H.H. Neaves and in consideration that execution be stayed on the Judgment for fine and cost in the above entitled cause until within 30 days of next term of this Court he will stand as security for the same and if not then paid that execution issue against him and said Defendant for the same.
7
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 116.
State of Missouri Plaintiff
vs Disturbing Peace
Abel Neaves
Now at this day comes the Circuit Attorney and by leave of the Court says he will not further prosecute this suit. It is therefore considered by the Court that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
p 116/117
State of Missouri Plaintiff
vs Felonious Assault
John C. Carter Defendant
Now at this day comes the Circuit Attorney and also the Defendant and for good cause shown by said Defendant the forfeiture of his recognizance taken at the last term of this Court is by the Court set aside whereupon comes the said Defendant John C. Carter and James Lee as his security who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said John Carter shall be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term of said Court at the Court House in Springfield on the fourth Monday in January 1861 and answer to said indictment and not depart said Court without leave.
p 117.
State of Missouri Plaintiff
vs Felonious Assault
William Foren Defendant
Now at this day comes the Circuit Attorney and also Defendant by his agent H.R. Jarratt who agrees that in consideration that this cause be heard in the absence of Defendant that he will agree that Judgment be rendered against him and Defendant jointly and that the said Defendant his agent as aforesaid says he is guilty as charged. Whereupon the Court doth assess as a punishment on said Defendant a fine of $100. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant and H.P. Jarratt her said fine of $100 and also costs of suit and that she have an execution therefor.
p 118
State of Missouri Plaintiff
vs Public Indecency
Reuben Rose Defendant
Now at this day the motion to quash the Indictment coming on to be heard the Court being advised of the premises said motion is by the Court sustained and the Indictment quashed. It is therefore considered by the Court that the State take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 118.
State of Missouri vs William P. Mills Selling Liquor W/O License- case continued.
State of Missouri vs John Fostin " " " " " "
State of Missouri vs Stephen Redford Perjury Motion to Quash.
S.S. Vinton Plaintiff
vs Civil Action
John Breedlove Defendant
Now at this day comes the Plaintiff by attorney and says he will dismiss this suit.
(continued)
8
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 118 (cont.)
It is therefore ordered by the Court that the same be dismissed and that the Defendant have and recover of and from Plaintiff his costs laid out and expended and that he have execution therefor.
p 119.
State of Missouri Plaintiff
vs Gaming
Ruse Gott Defendant
Now at this day comes the Circuit Attorney and it is agreed that this cause be tried by a Jury of eight men whereupon came a Jury, viz Edward Thompson, D.F. Abernathy, J.T. Morton, William Roberts, J.D. Dollison, C.F. Drumright, J.B. Wilkerson and John Breedlove, eight good and lawful men who being duly elected and sworn, having heard the evidence and heard the irtstructions of Court upon their oath say "We the Jury find the Defendant guilty in manner and form charged and assess a fine of $10 for the commission of the offense." It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also cost of suit and that she have an execution therefor.
State of Missouri Plaintiff
vs Gaming
Russ Gott Defendant
Now at this day comes J. Ludy and Daniel Chandler who in consideration that the Judgement for fine and costs this day rendered in the above entitled cause be stayed until thirty days before the next term of this Court that they will stand security for the same and if the same be not paid at that time that an execution may issue against them in connection with said Defendant for tbe same.
State of Missouri Plaintiff
vs Gaming
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute this suit, It is therefore considered by the Court that the State of Missouri take nothing by her said suit, that the same be dismissed and that the said Defendant be discharged hereof and go hence without day.
p 120
State of Missouri vs Sydney Ingram -- Felonious Assault. Cause Continued.
William Henslee vs C. Cannefax, et al -- Civil Action. Plaintiff files Replication
State of Missouri vs Russ Gott -- Gaming. Plaintiff files motion to set aside verdict.
William R. Hillhouse et al -- Expartee Petition for Partition
Now at this day comes Henry Natlock who is known to the Court as the Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to F.B. and T.J. Weaver for the following described land viz E 1/2 of N 1/2 of SW 1/4 of Section 29 Township 29 Range 22 sold by order of the Greene Circuit Court for the purpose of partition and distribution and the said Henry Matlock acknowledged that he executed and delivered the same as his act and for the uses and purposes therein contained.
9
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
AUGUST TERM 1860.
p 121. Thursday August 9th 1860.
State of Missouri Plaintiff
vs Felonious Assault
William Gash Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and the Defendant being three times solemnly called comes not but makes default and it appearing to the Court that said Defendant William Gash entered into a recognizance to the State of Missouri in the sum of $500 on the 15th day of September 1858 with John Gash and James C. Preston as his securities which was approved by the Honorable P.H. Edwards, Judge of the 14th Judicial Circuit. Said recognizance conditions that if the said Defendant William Gash should be and make his personal appearance before the Judge of the Greene Circuit Court on the next term thereof to answer to a Bill of Indictment pending in said Court against him for a Felonious Assault to be void otherwise to be in full force and effect. And the said John Gash and James E. Preston securities in this said recog nizance being also solemnly called and required to bring into Court the body of said William Gash in obedience to the said recognizance come not but also make default. It is therefore considered by the Court that their said recognizance be forfeited untothe State of Missouri and that a scira facias issue against the said William Gash, John Gash and James C. Preston requiring them to appear on the first day of the next term of this Court and show cause if any they have why the State of Missouri should not have and recover of and from them the said sum of $500 and costs. And it further ordered that an alias writ issue for the said William Gash returnable to the next term of this Court.
p 122. August 10, 1860
John Hursh Plaintiff
vs Civil Action
William Byers Defendant
Now at this day comes the Plaintiff by attorney and says he will dismiss this cause. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Plaintiff have and recover of and from the Plaintiff his costs laid out and expended and have execution therefor.
State of Missouri Plaintiff
vs Indictment for Perjury
Stephen Bedford Defendant
Now at this day comes on to be heard the motion to quash the Indictment in this cause and the Court being fully advised of the premises said motion is by the Court sustained and said Indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
p 123.
State of Missouri Plaintiff
vs Peddling Without License
Henry Friendfield (or Freefield) Defendant
(1860 gives name spelled Freefield)
Now at this day comes the Circuit Attorney and also the Defendant and having announced ready for trial, thereupon comes a Jury, viz- H. Mathews, P.C. Graves, N.S. McCorkel, William Roberts, Isaac Dyer, Robert Williamson, P. McMinn, Samuel Moore, W.H. Lane, D.N. Fulbright, J.T. Campbell and J.S. Doak, twelve good and lawful men who being duly elected tried and sworn having heard the evidence and instructions of Court upon their oath say "We the Jury find the Defendant not guilty as charged in the Indictment." It is therefore considered by the Court that the Defendant be discharged and go hence without day.
10
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 123.
Gabriel P. Shackleford Plaintiff
vs Civil Action
William B. Berry Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant and consents that this cause be submitted to the Court and the Court doth find from the evidence adduced that Defendant is indebted to Plaintiff in the sum of $142.93 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as aforesaid and also costs of such and execution issue therefor.
James P. McCurdy Plaintiff
vs Civil Action
William B. Berry Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant and consents that this cause be submitted to the Court and the Court doth find from the evidence adduced that Defendant is indebted to Plaintiff in the sum of $46.80 Debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damages as aforesaid and also costs of such and execution issue therefor.
p 124.
State of Missouri vs James S. McQuerter -- Nuisance case continued.
William H. Frazier vs George F. Real -- Civil Action. Defendant files his answer.
John P. Hillhouse et al -- Expartee
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed and to Kindred Rose for the following described real estate, viz The NW 1/4 of SE 1/4 of SW 1/4 SE 1/4 of Section 29 Township 29 Range 22 sold by order of this Court for partition and distribution in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 125. Saturday, August 11, 1860.
John P. Hillbcuse et al, Expartee.
Now at this day comes Henry Matlock who is known by the Court to be the Sheriff of Greene County and the identical person whose name appears to an Instrument of Writing purporting to be a Sheriff's Deed to W.G. Perkins for the following real estate, viz SW 1/4 of NW 1/4 Section 29 Township 29 Range 22 sold for distribution in the above entitled cause by order of the Court and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 125/126.
J.R. Hillhouse et al Expartee
Now at this day comes Henry Matlock who is kncwn by the Court to be the Sheriff of Greene County and the identical person whose name appears to an Instrument of Writing purporting to be a Sheriff's Deed to P.K. Hart for the following described real estate Viz NW 1/4 of NE 1/4 Sect. 29 TWP 29 Range 22 sold for distribution in the above entitled cause by order of the Court and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
11
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 126 Saturday, August 11, 1860
Reuben Rose
vs Civil Action
A. Fielden and D. Chandler
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an Instrument of Writing purported to be a Sheriff's Deed to C.B. Holland to the following described real estate viz NE 1/4 Section 31 Township 30 Range 20 sold by virtue of an execution in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
M.N. McClure
vs Civil Action
Samuel Austin
Now at this day comes Henry Matlock who is known to the Court as the Sheriff of Greene County and the person whose name is subscribed to an Instrument of Writing purporting to be a Sheriff's Deed to R.Q. Banfield for the following described real estate viz SW 1/4 NE 1/4 Section 26 Township 30 Range 22 sold by virtue of an execution in the above entitled cause and the said Nenry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 127.
William Byers Plaintiff
vs Civil Action
John Butterfield Defendant
Now at this day the motion to set aside the Judgment and verdict in this cause and grant a new trial coming on to be heard and the Court being advised of the premises said motion is by the Court sustained and said Verdict and Judgment set aside, a new trial granted and it is ordered that the Sheriff return the execution heretofore in this case.
H.D. Cadwell Plaintiff
vs Theophilus Jones Civil Action
Now at this day comes the motion to quash the writ and Sheriff's return in this cause to be heard and the Court being advised of the premises said motion is sustained and said writ and return quashed and it is ordered that an alias writ issued returnable to the next term of this Court.
p 128. Monday 13 August 1860.
David Pearce Plaintiff
vs Civil Action
Robert W. Donnell Defendant
Wilson Skeen
William Pitts
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly served with process and having failed to plead, answer or demur to Plaintiff petition and the same being founded on an Instrument of Writing signed by Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $81.25 debt and $3.35 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage as aforesaid and also his costs laid out and expended and that he have execution therefor.
12
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 128.
James C. Butler and M.M. Furgerson Plaintiffs
vs Civil Action
Robert W. Donnell, Wilson Skeen &
William Pitts Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly served with process and having failed to plead, answer or demur to Plaintiff petition and the same being founded on an Instrument of Writing signed by Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $305.50 debt and $11.45 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage as aforesaid and also his costs laid out and expended and that he have execution therefor.
p 129.
Nelson Hackney Plaintiff
vs Civil Action
Thomas G. Amsden Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly served with process and having failed to plead, answer or demur to Plaintiff petition and the same being founded on an Instrument of Writing signed by Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $272.21 debt and $6.04 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damage as aforesaid and also his costs laid out and expended and that he have execution therefor.
Jarred E. Smith Plaintiff
vs Civil Action on Mechanics Lien
A.S. Braden
A.A. Braden
J.E. Braden Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that Defendants had been duly served with process by publication and having failed to plead answer or demur to Plaintiff's petition the same being founded on an APE for work and labor done and materials furnished as a mechanic and builder on a certain house being built and situate on the south part of Lot 9 Block No 2 in the city of Springfield, Mo., under a mechanic's lien. The Court doth consider from an examination of the same that the Plaintiff have Judgment by default and it not appearing what amount of debt or damage Plaintiff is entitled to recover. It is ordered by the Court that an inquiry of damages be awarded at the next term of this Court to which time this cause is continued.
p 130 & 131 "Erroneous Entries"
p 132.
John Bradford Plaintiff
vs Civil Action
William Cayne and William Trowbridge Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that William Cayne one of said Defendants is a non-resident of the State of Missouri and ordinary process of Law cannot be served on him. It is therefore ordered by the Court that publication be made in the SPRINGFIELD MIRROR, a newspaper printed and published in this State for four successive weeks, the last insertion to be continued)
13
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860.
p 132-continued-
at least four weeks before the next term of this Court notifying said Defendant to be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court which commences at the Court House in Springfield, Greene County, Missouri, on the fourth Nonday in January 1861 and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a Judgment rendered against him accordingly.
p 133.
North and Scott Plaintiffs
vs Civil Action
J.S. Wallace and L. Farmer Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that L. Farmer one of said Defendants is a non-resident of the State of Missouri and ordinary process of Law cannot be served on him. It is therefore ordered by the Court that publication be made in the SPRINGFIELD MIRROR, a newspaper printed and published in this state for four successive weeks, the last insertion to be at least four weeks before the next term of this Court notifying said Defendant to be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court which commences at the Court House in Springfield, Greene County, Missouri, on the fourth Monday in January 1861 and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a Judgment rendered against him accordingly.
J.B.C. Hall and Co Plaintiff
vs Civil Action
J.S. Wallace and L. Farmer Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that L. Farmer one of said Defendants is a non-resident of the State of Missouri and ordinary process of Law cannot be served on him. It is therefore ordered by the Court that publication be made in the SPRINGFIELD MIRROR, a newspaper printed and published in this state for four successive weeks, the last insertion to be at least four weeks before the next term of this Court notifying said Defendant to be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court which commences at the Court House in Springfield, Greene County, Missouri, on the fourth Monday in January 1861 and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a Judgment rendered against him accordingly.
p 134.
H.W. Akin vs William Townsend -- Civil Action. Cause Continued.
L.B. Hall vs George Clark -- Civil Action. Cause Continued.
Thomas Tiller vs Sowell Adams -- Civil Action. Cause Continued.
Elizabeth Holbrook vs Thomas Tiller -- Civil Action. Cause Continued.
S.R. Ruder vs William H. Crockett -- Civil Action. Cause Continued.
Warran Cummings vs Jasper Ruyle et al -- Civil Action. Writs issued.
p 135.
H.R. Jarratt et al vs Joseph Gott et al -- Civil Action. Answer filed.
Peter Wilson vs Robert W. Crawford --Civil Action. Cause Continued
p 136.
S.S. Vinton vs John H. Price et al -- Civil Action. Demurer overruled.
State of Missouri vs Reese Gott -- Gaming.-- Motion for new trial overruled.
14
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
AUGUST TERM 1860
p 136
Samuel Brashears Plaintiff
vs Civil Action
Estate of John R. Kershner Defendant
Now at this day the motion for a new trial in this cause coming on to be heard the Court being advised of the premises said motion is by the Court sustained. Said same Indictment and Judgment set aside and a new trial granted in this cause.
p 137.
L.A.D. Crenshaw Plaintiff
vs Civil Action
Marcus Boyd et al Defendant
Now at this day comes the Plaintiff and files his affidavit asking a continuance in this cause for the want of material evidence whereupon it is ordered by the Court that this cause be continued until the next term of this Court and that the Defendants have of Plaintiffs their costs of this term of Court laid out and expended and that they have an execution therefor.
State of Missouri Plaintiff
vs Public Indecency
Reuben A.M. Rose Defendant
Now at this day comes the Circuit Attorney and files his Bill of Exceptions in this cause and asks an appeal to the Supreme Court which is by the Court granted.
State of Missouri vs John Foster -- Selling Liquor. Motion to Quash overruled
State of Missouri vs Stephen Bedford -- Perjury. Appeal to Supreme Court granted
S.S. Vinton vs John H. Price -- Civil Action. Files Bill of Exceptions
L.A.D. Crenshaw vs Marcus Boyd et al -- Civil Action. Files motion to suppress deposition
p 138.
Allen Fielden et al
vs Petition for Partition
John R. Weaver
Now at this day comes Henry Matlock who is known to the Court as Sheriff of Greene County and the identical person whose name is subscribed to an Instrument of Writing purporting to be a Sheriff's Deed to W.A. Lawing for the following described real estate viz S 1/2 Lot 13 Block No 4 in the town of Ozark sold by an order of the Greene Circuit Court in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.
p 139.
State of Missouri vs Daniel Flint -- Felonious Assault. Cause Continued to next Court
p 140.
State of Missouri vs William Fallis -- Counterfeit Money. Continued to next term.
William Henslee Plaintiff
vs Civil Action
Chesley Cannefax et al Defendant
Now at this day comes the parties by attorneys and having announced themselves ready for trial, thereupon comes a Jury viz D.F. Abernathy, Robert Forester, S.F. Gibson, J.S. McCracken, William Blakey, J.W. Steel, Samuel Wood, David Rook, J.B. Cox, John Pursley, P.A. Roberts and George Ellis twelve good and lawful men who being duly elected tried and sworn, having heard a portion of the evidence and there not being time to complete the same are by the Court discharged under charge of Court until tomorrow 9 a.m.
15
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