Springfield-Greene
County LibraryDecember Term 1834
Page 49.
At a Circuit Court commenced and held in the town of Springfield within the County of Greene and State of Missouri on the tenth day of December 1834. Present: The Honorable Charles H. Allen circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax sheriff.
John W. Hancock foreman, Winfrey Owens, William Owens, Henry A.H. Russell, Gabriel H. Shelton, Jacob Lemmons, Joseph Burden, John H. Clark, Thomas J. Whitlock, John Y. Lemmons, Joseph Stokes, Joseph Rich, Samuel J. Williams, George R. Raney, David Appleby, Humphrey C. Warren and Ezekiel M. Campbell were worn a Grand Jury and having received their charge, retired.
State of Missouri Plaintiff
vs indictment for gaming
Martin Fulbright & Samuel Teas Defendants
(Unable locate in Greene County. Directed to Sheriff Pulaski County, returnable at next term of Court)
State of Missouri Plaintiff
vs indictment for gaming
Ephraim Fulbright & Samuel Teas Defendants
(Same order as to Samuel Teas above)
State of Missouri Plaintiff
vs
Samuel Teas & Charles Teas Defendants
Same orders as above.
Page 50.
State of Missouri Plaintiff
vs indictment for gaming
William Price & Samuel Teas Defendants
Same orders as above.
State of Missouri Plaintiff
vs assault with intent to kill
John Roberts Defendant
This day came the circuit Attorney in behalf of the State of Missouri and says he will no further prosecute this indictment. Thereforee it is considered by the Court here that the Defendant recover against the said Plaintiff his costs by him in his defence in this behalf laid out and expended and that said Defendant go hence without day.
21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A December Term
Page 50.
State of Missouri Plaintiff
vs indictment for gaming
Elias W. Wall & Samuel Teas Defendants
(Unable locate in Greene County. Continued until next term of Court)
State of Missouri Plaintiff
vs indictment for pedling without license
John L. Davis Defendant
(Unable locate in Greene County. Continued until next term of Court)
Page 51.
State of Missouri Plaintiff
vs indictment for adultory and fornication
Edmund J. Carter & Susan EvansDefendants
(Cause continued until next term Court)
State of Missouri Plaintiff
vs indictment for adultory and fornication
Manuel Carter & Miss Raimey Defendants
Same order
Jeremiah Pearson summoned as a Grand Juror at the present term of this Court tendered his excuse for his non attendance which was received by the Court as good and sufficient and by the court discharged. This Day came Chesley Cannefax sheriff of Greene County and offered Thomas Horn as his Deputy whereupon said Horn took an oath to support the Constitution of the United States and of this State and faithfully and impartially demean himself in office.
State of Missouri Plaintiff
vs indictment for adultory and fornication
John Sandlin & Sarah Sandlin Defendants
(Page 52.)
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendants in their own proper person and thereupon came a Jury, to wit: Archibald Oliver, Amos Richardson, Jeremiah Pearson, William Archer, John Sturdivant, David Ross, John Mackey, John Swearingen, Henry Rose, Samuel Garner, John H. Glover and Allen Robinson - and for want of time, this cause is ordered to be continued until tomorrow morning.
Ordered that Court be adjourned untill tomorrow morning 10 of the clock.
C.H. Allen
Thursday morning 10 of the Clock.
Court met pursuant to adjournment. Present: The honourable Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax sheriff.
Manuel Carter Plaintiff
vs Appeal
Edmund J. Carter Defendant
(Cont.)
22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 52.
(cont) This day came the parties by their attorney and the Defendant, by his Attorney filed herein his motion to dismiss this cause.
State of Missouri Plaintiff
vs indictment for adultory and fornication
John Sandlin & Sarah Sandlin defendants
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendants in their own proper person and the Jury sworn and empanelled in this cause yesterday to try the issue in this cause joined after having heard the evidence by argument of counsel retired to consider of their verdict and in a few moments returned the following verdict, to Wit: We of the Jury find the said Defendants (new page 53) not guilty, thereforee it is considered by the Court that said Defendants be discharged and go thereof without day.
Page 53.
State of Missouri Plaintiff
vs indictment. Murder
John Patterson James Patterson Defendants
James Cornelius
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said James Cornelius in his own proper person who being demanded forthwith of and concerning the premises aforesaid for his plea in this behalf saith that he is not guilty in manner and form as in the indictment is alleged against him and upon motion of the said Circuit Attorney this cause is ordered to be continued until the next term of this Court - and by leave
of the Court the said James Cornelius acknowledges himself to owe and stand justly indebted to the State of Missouri in the just and full sum of one thousand dollars together with Reuben Cometius, Stephen Fisher, Major Horner and Uriah Williams, who acknowledges themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of one thousand dollars each to be levied of their respective goods and chattles lands and tenaments to be void however if the said James Cornelius shall 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 not depart the Court without leave thereof.
Elizabeth Weston, a recognized witness in the State of Missouri against James Patterson, John Patterson and James Cornelius upon an indictment for Murder being solemnly called came not but makes default, thereforee it s considered by the court here that her recognizance be forfeited and upon motion of the Circuit Attorney it is ordered by the Court here that an attachment issue against Hickerson Berry returnable to the next term of this Court as a witness in the above cause.
Page 54.
State of Missouri Plaintiff
vs indictment for malicious mischief
James S. Woods Defendant
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant, James S. Woods, in his own proper person who files herein his motion to quash said indictment and the motion being argued and all and singular the premises being fully understood by the Court, it is ordered by the Court here that said motion beoverruled - and the said Defendant, James S. Woods, being demanded of and concerning the premises aforesaid for his plea in this behalf saith that he is not guilty in manner and form as in the indictment is alledged against him and thereupon came a Jury, to wit: Alfred S. Bond, Elias W. Walls, George B. Burrus, John Welch, Robert Patterson (cont)
23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 54 -(cont)
Caswell Beckham, Ansolum Renfro, Archibald Morris, Lefford French, John West, Randolph Brit and Charles Welch, who were duly elected, tried and sworn to try this issue in this cause joined and said Circuit Attorney says he will not further Prosecute this indictment, thereforee it is considered by the Court here that the said James S. Woods be discharged and go hence without day.
State of Missouri Plaintiff
vs indictment for gaming
George B. Burris & Henry King Defendants
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendants, George B. Burrus and Henry King in their own proper person and for plea saith they are not guilty in manner and form as in the indictment against them as alledged and thereupon came a Jury, to wit: Elias W. Walls, Charles Welch, Leford French, Kindred Rose, Randolph Brit, Samuel Mackey, Lemuel Blanton, Peter Rule, Reubin Harper, Jeremiah Pearson, Charles Hather and John West - who were duly elected, tried and sworn to try this issue in this cause found, after having heard the evidence, retired to consider of their verdict, returned into Court with the following verdict, to wit: We the Jury do find the Defendants guilty and fine them five dollars each and
twentyfive cents in damages. thereforee it is considered (page 55)
by the Court here that the said Defendants, George B. Burrus and Henry King make their fine to the State of Missouri, by the payment of five dollars each together with the sum of twentyfive cents in damages by the Jurors aforesaid in their verdict aforesaid assessed together with costs by about the suit in this behalf laid out and expended and that the said Defendants remain in custody of the Sheriff untill the fine and costs aforesaid be paid and the Defendants in mercy.
Ordered that Court be adjourned untill 9 of the clock tomorrow morning.
C.H. Allen
Friday morning 9 of the clock.
Court met pursuant to adjournment Present: The Honourable Charles H. Allen circuit Judge, Charles P. Bullock clerk, Chesley Cannefax Sheriff.
Robert Barkley Plaintiff
vs appeal
Ephraim Jameson Defendant
(Plaintiff recover from Defendant his costs in his appeal laid out and expended)
Page 56.
State of Missouri Plaintiff
vs indictment. keeping gaming house
Jeremiah R. Yancey Defendant
This day came the Circuit Attorney in behalf of the State as well as the said Defendant, Jeremiah R. Yancey, in his own proper person who filed herein his motion to quash said indictment and all and singular the premises being understood it is ordered by the Court here that said motion be overruled and the said Defendant, Jeremiah R. Yancey, being demanded of and concerning the premises aforesaid for his plea in this behalf saith he is not guilty as charged in the indictment. Thereupon came a Jury, to wit: Henry Box, Kindred Rose, Charles Welch, Samuel Mackay, Nelson Rule, John Welch, John West, Reuben Harper, William Dye, Isaac Woods, Robert Patterson, and Erastus McMurray, who being elected tried and sworn upon their oaths say: We the Jury, find the Defendant not guilty - thereforee it is considered by the Court here that the said Jeremiah R. Yancey be discharged and acquitted and go thereof without day.
24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Book A.
p 56.
It is ordered that Chesley Cannefax Sheriff contract for a half dozen chairs and one table three feet long and two feet wide for use of this Court and that they be furnished on or before the next term of this Court for adjustment.
It is ordered that Court adjourn until half past one oclock.
Court met pursuant to adjournment. Present: The Honourable Charles H. Allen Circuit Judge, C.P. Bullock Clerk, Chesley Cannefax Sheriff.
State of Missouri Plaintiff
vs indictment for adultory and fornication
John Sandlin & Sarah Sandlin Defendants
Peter Rule, a witness in the above cause presents his claim amounting to eleven dollars and fifty cents which was examined by the Court and ordered to be certified to the County Court for allowance.
Page 57.
The Grand Jury returned into Court a true bill against John G. Thock for gaming, against Samuel Erwin a true bill for Gaming, against Manuel Carter a true bill for horse stealing, against William Loyd a true bill for Keeping Farro bank, against Roadham H. Payne a true bill for gaming, also against Jessee Nokes a true bill for Larceny. Having no other business before them were by the Court dismissed.
State of Missouri Plaintiff
vs indictment for horse stealing
Jessee Nokes Defendant
Peter Apperson, _____ Holbert, Willis G. Berry, William Dye and John Sturdivant came into Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of two hundred dollars to be levied of their respective goods and chattles lands and tenements - to be void however that they appear here in Court on the first day of our next term of said Court and testify in a certain matter of controversey in our said Court pending wherein the State of Missouri is Plaintiff and Jesse Nokes is Defendant in behalf of the Plaintiff and not depart therefrom without leave of Court.
State of Missouri Plaintiff
vs indictment for horse stealing
Manuel Carter Defendant
James S. Blevans came into Court here and acknowledged himself to owe and stand justly indebted to the State of Missouri in the just and full sum of fifty dollars to be levied of his respective goods and chattles lands and tenements to be void however that he make his personal appearance here in Court on the first day of our next term of said Court and testify in a certain controversey in our said Court pending wherein the State of Missouri is Plaintiff and Manuel Carter is Defendant on behalf of the State of Missouri and not depart therefrom without leave of the Court.
Thomas Horn Plaintiff
vs trespass, assault and battery
John Roberts Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: Martin Ingram, Peter Rule, John Edwards (page 58.--
(cont)
25
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
December Term 1834
Page 58. (cont)
Absolum Renfrow, Charles Welch, John W. Hancock, Henry A. Russell, Daniel M. Stockton Jeremiah R. Yancey, William Patton, John H. Clark and Caswell Beckham, who were duly elected, tried and sworn and for want of time this cause is ordered to be continued until tomorrow morning.
Ordered that Court adjourn untill 9 of the clock tomorrow morning.
C.H. Allen
Saturday morning 9 of the Clock. Court met pursuant to adjournment. Present: The Honourable Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax Sheriff.
State of Missouri Plaintiff
vs indictment for gaming
George B. Burros & Henry King Defendants
On motion of the Defendants by their Attorney it is ordered by the Court here that the bill of cost in this cause issued be retaxed and that the Circuit Attorney be allowed the sum of four dollars instead of the sum of eight dollars taxed as a docket fee.
Oliver D. Filly Plaintiff
vs appeal
Elias W. Walls & Robert Patterson Defendants
This day came the parties by their attorneys and the Plaintiff by his attorney filed his motion to dismiss the cause 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 overrulled.
Page 59.
Manuel Carter Plaintiff
vs appeal
Edmund J. Carter Defendant
(Cause dismissed. Defendant recover expenses from Plaintiff)
State of Missouri Plaintiff
vs indictment for keeping gaming house
Jeremiah R. Yancey Defendant
George B. Burros a witness in the above cause presenting his claim to four dollars and fifty cents which was examined in open Court and ordered to be certified to the County Court for allowance
(Absolum Renfrow filed like claim in above cause)
Page 60.
State of Missouri Plaintiff
vs indictment for Larceny
Jessee Nokes Defendant
The said Jessee Nokes 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 five hundred dollars with two or more securities in the sum of five hundred dollars for his appearance of the said Jessee Nokes before the Court here to answer the crime aforesaid and thereupon the said Jessee Nokes acknowledged himself to owe and stand justly indebted unto the State of Missouri in the sum of five hundred dollars - and Aron Roberts, Jeremiah Pearson, Allen Twitty and James McKinney also personally here in Court and who
(cont)
26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 60 (cont)
are by the Court here deemed good and sufficient in the manner severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of five hundred dollars which said sum of money they and each of them acknowledged shall be made and levied of their respective goods and chattles lands and tenaments to and for the uce of the said State of Missouri in case the said Jessee Nokes 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.
Thomas Horn Plaintiff
vs trespass assault and battery
John Roberts Defendant
This day came the parties by their attorneys and upon motion of said Defendant by his attorney to withdraw the plea of not guilty which motion being argued and by the Court duly understood - leave is given him to withdraw his said plea - and the Jurors in this cause sworn and empanelled on yesterday after having heard the evidence and the argumentof Counsel upon their oaths say "we of the Jury find the Defendant upon the issue of Justification." Thereforee it is considered by the Court here that the said Defendant, John Roberts, recover against the said Plaintiff, Thomas Horn, his costs and charges by him in this defence laid out and expended and that he have thereof execution.
Page 61.
(Caswell Beckham and Alfred Brown produced claims for money for duty on cause - State of Missouri vs Jeremiah R. Yancey)
Ordered that Court adjourn until Monday morning 9 of the clock.
C.H. Allen
Monday morning 9 of the clock. Court met pursuant to adjournment. Present: The Honourable Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax Sheriff.
P 62.
John Sandlin Plaintiff
vs trespass
John D. Shannon Defendant
(Cause dismissed. Plaintiff recover costs, charges from Defendant)
John Roberts Plaintiff
vs trespass assault and battery
Thomas Horn & William Horn Defendants
This day came the parties by their attorneys again into Court and the Jury sworn and empanelled to try the issue found in the cause upon their oaths say "We of the Jury find the Defendant, Thomas Horn, guilty and assess the damage to one cent" and tho the Defendant, William Horn not guilty thereforee it is considered by the Court that the said Plaintiff recover the damages aforesaid in form aforesaid assessed against the said Thomas Horn, Defendant, as aforesaid and his costs and charges by him in this behalf laid out and expended and that he have thereof execution.
State of Missouri Plaintiff
vs indictment adultory and fornication
Joseph Applegate & Elizabeth Mackey Defendants
Joseph H. Miller presented his account as a witness in the above cause amounting to three dollars and fifty cents which was examined in open Court and ordered to be certified to the County Court for allowance.
27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 63.
State of Missouri Plaintiff
vs indictment misdemeanor in office
George Winton Defendant
William Lunsford presented his account as a witness in the above cause amounting to three dollars and fifty cents which was examined in open Court and ordered to be certified to the County Court for allowance.
(Peter Apperson presented his account for monies as witness in causes of State of Missouri vs Manuel Carter and Miss Raimey and in cause against Edmund J. Carter and Susan Evans)
Page 64.
Alexander Brown Plaintiff
vs trespass
John D. Shanon and others Defendants
This day came the parties by their attorneys and the demurer filed in this Court to the Plaintiffs plea of Justification being argued. The Court is of the opinion that the law is with the Plaintiff and thereupon came a Jury, to wit: John Mackey, Reubin Harper, Samuel Lasley, Robert Pauland, Elias W. Walls, Richard C. Martin, Joseph Morris, Jeremiah Pearson, Joseph Price, John H. Panter, Elisha Panter and James Carter who were elected tried and sworn and truly to try the issue in this cause joined. And for want of time this cause is ordered to be continued untill tomorrow morning.
Ordered that Court adjourn untill tomorrow morning 9 of the clock.
C.H. Allen
Page 65.
Tuesday Morning 9 of the clock. Present: The Honourable Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax Sheriff.
(Winfrey Owens produced claim for Three dollars and fifty cents for service in John Roberts cause)
John Wilson Plaintiff
vs petition for writ of mandamus
The Greene County Court Defendant
Upon motion of John Wilson by his attorney for a writ of mandamus in this cause commanding the County Court to allow the sum of twenty dollars so certified as aforesaid or shew cause why they do not allow the same. It is ordered by the Court here that a writ of mandamas do issue directive to the said County Court as aforesaid commanding them to allow the said sum of twenty dollars so certified as aforesaid to the said John Wilson or shew cause at the next term of this Court why they do not allow the same until which time this cause is ordered to be continued.
Elias W. Walls Plaintiff
vs petition of summons
Archilles J. Burnete & James Dollison Defendants
This day came the Plaintiff by his attorney as well as the said Defendants in their own proper person and the said Defendants say that they cannot deny the action aforesaid of the said Plaintiff that they owe unto the said Plaintiff the aforesaid sum of one hundred fifty dollars in manner and form as the said Plaintiff above against them have complained. Thereforee it is considered by the Court here that the said Plaintiff recover against the said Defendants as well the sum of one hundred fifty dollars together with
(cont)
28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 65. (cont)
interest at the rate of six percent per annum as his costs and charges by him about his suit in this behalf expended and that the said Plaintiff have thereof execution.
Page 66.
(William Henry produced account as witness in causes of Manuel Carter, Elijah Carter and Miss Raimey for monies due him)
Alexander Brown Plaintiff
vs action trespass
John D. Shannon and others Defendants
Now this day came the parties into Court and the said Plaintiff by his attorney and says he will not further prosecute his writ against Henry Fulbright - one of the above named Defendants. Thereforee it is considered by the Court here that the said Plaintiff taking nothing by his said writ as to the said Defendant, Henry Fulbright and that the said Defendant, Henry Fulbright - go hence without day and it is also considered by the Court here that the said Defendant, Henry Fulbright, do recover against the said Plaintiff his costs and charges by him in his behalf laid out and expended and the Jury sworn and mpanelled on yesterday to try the issue in this cause found after having heard the evidence and argument of counsel upon their oaths do say "The Jury finds the Defendants not guilty of the charges alledged in the declaration
(Page 67)
therefore it is considered by the Court here that the said Defendants recover against the said Plaintiff their costs and charges by them in their defence in this behalf laid out and expended and that they have thereof execution.
John Welch Plaintiff
vs petition for writ of prohibition
Abner Spencer Defendant
This day came the parties by their attorneys and all the singular and premises being fully understood by the Court, it is ordered by the Court here that further proceedings in this cause aforesaid set forth in the petition aforesaid be forever stayed and that if the fines and costs are not paid over that officer refund the same to said John Welch. Thereforee it is considered by the Court here that the said John Welch recover against the said Abner Spencer his costs and charges in this behalf laid out and expended and that he have thereof his writ of execution.
Page 68.
Isaac Woods Plaintiff
vs
Stephen Fisher Defendant
This day came the parties by their attorneys and thereupon came a Jury, to Wit: Ephraim Jameson, Lawson Thompson, James M. Rountree, John Welch, Therin Cropland, Henry A.H. Russell, Daniel M. Stockton, John Mooney, Ezekiel M. Campbell, Ransom Cater, William Price and Peter Rule - and for want of time this cause is ordered to be continued until tomorrow morning.
Ordered that Court adjourn until tomorrow morning 9 of the clock.
Wednesday morning 9 of the clock. Court met pursuant to adjournment. Present: The Honourable Charles H. Allen circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax Sheriff.
29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 68.
Ephraim Jameson Plaintiff
vs petition for writ of prohibition
William C. Campbell Defendant
On motion of the Plaintiff by his attorney who filed herein his petition praying the Court for a writ of prohibition to be directed to William C. Campbell Esquire staying further proceeding in the case Robert Barkley against Ephraim Jameson lately pending before said William C. Campbell appear here on the first day of our next term of this Court to shew cause if any he can against said writ.
Page 69.
Isaac Woods Plaintiff
vs
Stephen Fisher Defendant
This day came again the parties by their attorneys and the Jury sworn on yesterday to try this issue in this cause found after having heard the evidence and argument of counsel upon their oath to say "We the Jury find for the Defendant". Thereforee it is considered by the Court here that the said defendant recover of the said Plaintiff his
costs and charges by him in this behalf laid out and expended and that he have thereof his writ of execution.
Oliver D. Filly Plaintiff
vs appeal
Elias W. Walls & Robert Patterson Defendants
This day came the parties by their attorneys and thereupon came a Jury, to Wit: Richard C. Martin, John H. Panter, Kindred Rose, Archibald Morris, Joseph Rountree, John McElhannon, Samuel Lasley, Reubin Harper, Robert Paulam, Elijah Pennington and Humphrey C. Warren who were elected tried and sworn to try this issue in this cause joined upon their oaths do say "we of the Jury find for the Defendants". Thereforee it is considered by the Court here that the said Defendants recover against the said Plaintiff his costs and charges in the Court below as in this Court laid out and expended and that they have thereof their writ of Execution.
Page 70.
John Sandlin Plaintiff
vs trespass
John P. Campbell Defendant
On motion of the Plaintiff for an Elizon to summon a Jury in this cause it is ordered that John W. Hancock be appointed Elizon in this cause to summon a Jury and that said Elizon summon a panel of 36 Jurors to appear here on Friday, next.
Peter Apperson Plaintiff
vs Appeal
Joseph H. Miller Defendant
This day came the parties by their attorneys - and thereupon came a jury, to Wit: Andrew Rowles, Richard C. Martin, John H. Panter, Kindred Rose, Archibale Morris, Reubin Harper, Elijah Pennington, Humphrey C. Warren, William Price, Daniel M. Stockton, Robert Patterson and Martin Ingraham. And for want of time this cause is ordered to be continued until tomorrow morning.
Ordered that the Court adjourn until tomorrow morning 9 of the clock.
C.H. Allen
30
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
December Term 1834
Page 70.
Thursday morning 9 of the clock. Court met pursuant to adjournment. Present: The Honourable Charles H. Allen circuit Judge, Charles P. Bullock Clerk, Chesley Cannefax Sheriff.
Page 71.
Peter Apperson Plaintiff
vs appeal
Joseph H. Miller Defendant
This day came the parties into Court by their attorneys and the Jury sworn and empanelled on yesterday to try the issue in this cause joined after having heard this evidence upon their oaths do say "We the Jury find for the Defendant" - Thereforee it is considered by the Court here that the said Defendant recover against the said Plaintiff as well his costs in the Court below as his costs and charges by him in this appeal laid out and expended and that he have thereof his writ of execution.
Robert Patterson Plaintiff
vs appeal
Archilles J. Burnete Defendant
This day came the parties by their attorneys and neither party requiring a Jury this matter is submiitted to the Jury Court whereupon the Court after mature deliberation doth find for the said Plaintiff recover against the said Defendant the sum of seventeen dollars and fifty cents together with interest at the rate of six percent per annum from the 25th day of December 1833 together with his costs as well in the Court below his costs in this appeal laid out and expended and that the said Plaintiff have thereof his writ of execution.
Littlebury Hendrick Plaintiff
vs appeal
Martin Waddle Defendant
This day came the Plaintiff by his attorney and the Defendant though solemnly called, came not. Thereforee it is considered by the Court here that the said Plaintiff recover against the said Defendant as well his costs. Upon an application of said Defendant for a continuance in said cause as his costs and charges about this appeal laid out and expended.
Page 72.
John Sandlin Plaintiff
vs trespass
John C. Campbell and others Defendants
This day came the parties by their attorneys and suggest to the Court that a compromise has been effected between the parties in this cause each party paying half of the cost abiding the final issue and upon motion of the respective parties by their attorneys it is ordered that this cause be dismissed. Thereforee it is considered by the Court here that each party pay one half of this cost abiding the final issue in this cause and that the parties respectfully have thereof their writ of execution.
Isaac Woods Plaintiff
vs trespass on the case
Stephen Fisher Defendant
This day came the Plaintiff by his attorney and filed herein his motion for a new trial and all and singular the premises being understood by the Court it is ordered that said motion be overruled.
(end page 72)
31
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A December Term 1834
Page 72 1/2
Peter Apperson Appellant
vs Appeal
Joseph H. Miller Appellee
This day came the parties by their attorneys and the Appellant by his attorney filed herein his motion for a new trial which was argued and all and singular the premises being fully understood, it is ordered by the Court here that this motion be overruled.
Milly Sawyers Plaintiff
vs Assault and Battery
William Ivy Defendant
This day John Roberts, coroner for Greene County, delivered in Court the body of Milly Sawyers and thereupon it is ordered by the Court here that said Milly Sawyers be delivered to the Sheriff of Greene County. To be hired out as the law directs and this cause is ordered to be continued untill the next term of the Court.
Chesley Cannefax presented his bond in open court as Sheriff of Greene County which was examined and by the Court deemed good and sufficient to satisfy the penalty therein named and ordered to be recorded. John Roberts, Coroner for Greene County, presented his bond for the faithful performance of said office which was examined in open court and deemed good and sufficient to satisfy the penalty therein named and ordered to be recorded.
Oliver D. Filley Plaintiff
vs Appeal
Elias Walls and Robert Patterson Defendants
This day came the parties into Court (Page 73)
and the Plaintiff, by his attorney filed here in Court his bill of exceptions praying that the same be signed, sealed and made a part of the record - which was ordered by the Court accordingly - and thereupon the said Plaintiff by his attorney aforesaid prays an appeal from the judgment of the Court here so as aforesaid rendered to the Supreme Court of the State of Missouri and to him it is granted - whereupon the said Plaintiff, by his agent, filed his affidavit in pursuance to the statute in such case made and provided and also offered to the Court here Stephen Fisher and Henry Box as security in the appeal who were by the Court deemed good and sufficient - whereupon Achilles J. Burnete, agent for said Plaintiff and Stephen Fisher and Henry Box security as aforesaid came into Court and acknowledged themselves to owe and stand justly indebted to Elias W. Walls and Robert Patterson in the just and full sum of fifty dollars each to be levied of their respective goods and chattles lands and tenaments. To be void, however, if the said appellant shall prosecute his appeal with effect and pay and satisfy the condemnation money and all costs, or otherwise abide the judgment of the Supreme Court in such appeal. Ordered that John W. Hancock be allowed the sum of one dollar and fifty cents for one days attendance on this Court at the present term and that the Clerk of this Court certify the same to the County Court for allowance.
State of Missouri Plaintiff
vs Indictment for malicious mischief
James S. Woods Defendant
Charley Cannefax, Sheriff of Greene County presented his account amounting to $4.151/2 which was examined in open court and ordered to be certified to the County Court for allowance.
32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. December Term 1834
Page 73.
Following people filed in open court for amounts for Court service - John Roberts presented petition for one dollar and fifty cents (page 73)
for case of State of Missouri vs James S. Woods.
Page 74.
For case of State of Missouri vs Jeremiah R. Yancey - Keeping gaming house--John Roberts, Coroner for Greene County, one dollar Charley Cannef ax, Sheriff of Greene County four dollars and fifty three cents
For case of State of Missouri vs John Roberts - Stabbing with intent to kill John D. Shannon, by Charles P. Bullock, fourteen dollars Charley Cannefax, Sheriff of Greene County, two dollars and fiftythree cents John Roberts, Coroner for Greene County two dollars
Page 75.
For case of State of Missouri vs John Sandlin & Sarah Sandlin - Adultory/Fornication John D. Shannon by Charles P. Bullock four dollars
John Roberts, Coroner for Greene County one dollar and fifty cents. Charles Cannefax, Sheriff of Greene County, two dollars and forty and one half cents James Morton one dollar
For case of State of Missouri vs John Roberts - Indictment Stabbing Charles P. Bullock, Clerk of Circuit Court eleven dollars and eleven cents
Case of State of Missouri vs John Sandlin & Sarah Sandlin - Adultory/Fornication Charles P. Bullock, Clerk of Circuit Court seven dollars and fortytwo and one quarter cts.
Page 76.
For state of Missouri vs John L. Davis - Indictment pedling without license Charles P. Bullock, Clerk of circuit Court six dollars and twentytwo and onehalf cents.
For State of Missouri vs James S. Woods - Recognizance Charles P. Bullock Clerk of Circuit Courtfour dollars and eithtyseven and one half cents.
For State of Missouri vs Jeremiah R. Yancey - Keeping gaming house Charles P. Bullock Clerk of Circuit Court five dollars and sixtyone and threequarters
For State of Missouri vs James Woods - Malicious mischief Charles P. Bullock Clerk of Circuit Court five dollars and seventeen and oneguarter cents. Charles P. Bullock, Clerk of Greene Circuit Court, presented an account against Greene County for services rendered, office rent, paper, etc., amounting to thirty dollars and ninetyseven and one half cents which was examined in open court and ordered to be certified to the County Court for allowance.
Page 77.
For State of Missouri vs James S. Woods - Malicious Mischief
Henry Box, witness, five dollars
Isaac Woods one dollar and fifteen cents
Martha Woods sixtyfive cents
Miles C. Woods sixtyfive cents
William Upshaw two dollars and eighty cents
Charles Hatler three dollars and eighty cents
Page 78.
Thursa Fisher one dollar and seventy cents
Stephen Fisher one dollar and seventy cents
33
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book A. December Term 1834
Page 78.
For State of Missouri vs James S. Woods-Recognance
David Roper witness two dollars and fifty cents
John Roper witness one dollar and ninety cents
Joel Jenkins witness two dollars and twentyfive cents
Martin B. Brim one dollar and forty cents
Page 79.
Charley Cannefax, Sheriff of Greene County, presented his account for his attendance of the Court at this term and for firewood amounting to fifteen dollars and seventyfive cents which was examined in open court and ordered to be certified to the County Court for allowance. Charles S. Yancey produced his account for house rent to the use of the Court amounting to twentyfive dollars which Was examined in open court and ordered to be certified to the County Court for allowance. Ordered that all causes and moti0ns not otherwise disposed of be continued until next term of this Court.
Ordered that Court adjourn untill Court in course.
C.H. Allen Circuit Judge.
34
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