Springfield-Greene
County LibraryJanuary Term 1861.
Book E
p 160.
Be it remembered that at the regular term of the Greene Circuit began and held at the Court House in Springfield on the fourth Monday in January 1861, there were present:
P.H. Edwards Judge of the 14th Judicial Circuit
Julian Frazier Circuit Attorney
J.W.D.L.F. Mack Clerk of said Court
Henry Matlock Sheriff of said County
when and where the following proceedings were had.
Now at this day comes the Sheriff (after having been duly sworn as the Statute requires concerning the summoning of Jurors) and returns into Court the following pannell of Grand Jurors, viz: B,A. Neil, who is by the Court appointed foreman, Hosea Mullings, R.R. Putman, George Murrell, J.S. Doak, W. Hackney, J.B. Perkins, John Pursley, R.D.Dillard, J.T. Campbell, J.M. Rountree, N.D. McCall, A. Hosman, J.F. Redfearn, H. Kelly, Samuel Fulbright, sixteen good and lawful men who being duly elected sworn and charged retire to consider of their presentments.
Ordered by the Court that J.M. Patterson, J.S. Hart, P.C. Roberts and J.S. Colby be permitted to sign the Roll of Attorneys.
p 160.
Bank of State of Missouri Plaintiff
vs Civil Action
James Hughes, John D.L. Wiley
and David S. Fulbright Defendants
Now at this day comes the Plaintiff by her attorney and files her petition verified by affidavit and also the said Defendants in person and confess the facts stated in Plaintiff's petition to be true and confess judgment on the same being $300 debt, $12 damage, protest fees $2. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendants their said Debt of $300, $12 damage and $2 protest fee and also costs of suit and that she have an execution therefor.
p 161.
Motions filed:
Marcus Woody vs N.P. Jones et al. Defendants file demurer.
Myer and Braum vs William M. Hunt -- Civil Action. Motion to set aside.
John W. Perry vs William H. Payne -- Civil Action. Defendant files answer.
Frank Palmer vs Joseph Morris. Defendant files demurer.
John How vs J.F. Brown. Plaintiff files interrogation.
State of Missouri vs C.S. Bodenhamer. Defendant files "Phar Bar" this cause
25
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 162.Tuesday January 21, 1861.
John W. Perry vs David Snodgrass -- Defendant files his answer
Charles F, Jones vs Jacob Neff -- Plaintiff files motion to strike out part of Defendants answer.
Wolf Cukel vs M. Ruidskoph -- Defendant files motion on Plaintiff security.
Poppelwell Swink and Co. vs John and Tapley Daniel -- Plaintiff files copy of mortgage deed as an exhibit.
W.N. Carter vs T.G. Newbill and John Lair Defendant files answer.
p 163.
Resin McMinn vs John Harkness -- Defendant files his answer.
Woodson and Burden vs Wilson Hackney et al -- Defendants file demurer.
G.J. Wiley vs J.W. McSpadden -- Defendant files his answer
William Edmonson vs B.R. Bills et al -- Defendants file motion to dismiss cause
John Young vs John S. Phelps -- Defendant files his answer
R.P. Franklin vs Jervis Barker -- Defendant files his answer
W.B. Roper vs M.V. McQuigg -- Defendant files his answer
p 164.
City of Springfield vs R.E. Blakey -- Defendant files motion to quash
Frank Palmer vs Joseph Morris -- Demurer of Defendant overruled
H.S. Cadwell vs Theophilus Sowers -- Defendant motion to dismiss
T.C. Piper vs W.H. Henslee -- Defendant files his answer
Jacob Garrison vs Joseph M. Carthal -- Defendant files his answer.
p 164/165.
State of Missouri Plaintiff
vs Disturbing Peace
William Roberts Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged in the Bill of Indictment. Whereupon the Court doth assess as a punishment on the Defendant a fine of five dollars for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of five dollars and also costs of suit and that she have an execution thereof.
p 165.
State of Missouri Plaintiff
vs Disturbing Peace
William Roberts Defendant
Now at this day comes the Circuit Attorney and also the Defendant and William G. Roberts who in consideration that execution be stayed on the Judgment rendered in the above entitled cause until 20 days before the next term of this Court. The said William G. Roberts agrees to stand as security for fine and costs and if the same be not paid then that execution issue against him in connection with Defendant for the same.
Following cause continued until next term.
State of Missouri vs A.G. Duvauth -- Peddling Without License #1, #2, #3.
p 166.
State of Missouri Plaintiff
vs Selling Liquor Without License
W.R. Mills Defendant
(continued)
26
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
JANUARY TERM 1861
p 166-continued
Now at this day comes the Circuit Attorney and says he will dismiss this cause. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
Following actions taken:
State of Missouri vs Henry Johnson -- Gaming -- Cause continued, generally.
State of Missouri vs Samuel Coleman -- Felonious assault -- Cause continued, generally.
State of Missouri vs A.J. Brown -- #1 Grand Larceny -- Cause continued, generally.
p 167.
State of Missouri vs A.J. Brown -- #2. Grand Larceny -- Cause continued generally.
State of Missouri vs Hiram Tindal -- Disturbing Peace -- Cause continued generally.
State of Missouri Plaintiff
vs Felonious Assault
Welcher Campbell Defendant
Now at this day comes the Circuit Attorney in this behalf and also the Defendant in person and by attorney and thereupon having announced themselves ready for trial there upon came a Jury, viz J. Harkness, G.W. Brittain, W.N. Teller, D.N. Fulbright, J. Thurman, P.C. King, W.B. Freeman, MV. McQuigg, Thomas Dodds, P.J. W(ils), J. Brashearss and J.B. Wingfield, twelve good and lawful men who being duly elected and sworn to try the issue joined and having heard the evidence and received the instructions of Court upon their oath say "We the Jury find the Defendant not guilty." It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 167/168.
State of Missouri Plaintiff
vs Felonious Assault
Sydney Ingram Defendant
Now at this day comes the Circuit Attorney and also the Defendant and an application of Defendant this cause continued until the next term of this Court, whereupon comes the said Sydney Ingram and Jabez Owen 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 tenaments to be void on condition that the said Sydney Ingram shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof and answer unto a Bill of Indictment for a Felonious Assault and not depart said Court without leave.
p 168.
State of Missouri Plaintiff
vs Counterfeiting
William Fallis Jr Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and the Defendant being three times called comes not but herein makes default and it appear ing to the satisfaction of the Court that the said William Fallis Jr entered into a recognizance to the State of Missouri in the sum of $500 on the 16th day of June 1860 with William Fallis Sr as his security which was approved by Joseph Rountree a Justice of the County Court of Greene County, Missouri, and said recognizance conditition that said William Fallis Jr should be and make his personal appearance before the Judge of the Greene Circuit Court to be holden at the Court House in Springfield on the first Monday in August 1860 and answer to an Indictment preferred
(continued)
27
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
Book E
JANUARY TERM 1861.
p 168-continued
against him for passing counterfeit Bank Bills and not depart said Court without leave to be void otherwise to inform and the said William Fallis Sr being also three times called and required to bring in the body of the said William Fallis Jr in compliance with his said recognizance also makes default, It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a sciri facias be issued against the said William Fallis Jr and William Fallis Sr requiring them to appear before the Judge of the Greene Circuit Court on the first day of the next term of the Greene Circuit Court to be holden at the Court House in Springfield Greene County, Missouri, on the first Monday in August 1861 and show cause if any they have why the State of Missouri should not have and recover of and from said William Fallis Jr and William Fallis Sr the said sum of $500 and cost of suit and an execution issue therefor.
p 169.
State of Missouri Plaintiff
vs Disturbing Peace Of A Family
James Mason Defendant
Now at this day comes the Circuit Attorney who prosecutes in the behalf for the State of Missouri and the Defendant being three times called comes not but makes default and it appearing to the satisfaction of the Court that the said James Mason entered into a recognizance to the State of Missouri in the sum of $100 on the eleventh day of December 1858 with Andrew B. Bass as his security which was approved by Henry Matlock Sheriff of said County, said recognizance by condition that the said James Mason should be and make his personal appearance before the Judge of the Greene Circuit Court on the first Monday in March 1859 at the Court House in Springfield (the same being the first day of the Regular March Term of said Court) and answer to a Bill of Indictment preferred against him for Disturbing The Peace of a Family and not depart said Court without leave and the said Andrew R. Bass being also three times called and required by said recognizance comes not but also makes default. It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a sciri facias issue against the said James Mason and Andrew B. Bass requiring them to appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court which will commence on the first Monday in August 1861 and show cause if any they have why Judgment should not be rendered against them for the said sum of $100 and cost and execution issued for the same.
p 169/170.
State of Missouri Plaintiff
vs Felonious Assault
J.R. Redfearn Defendant
Now at this day comes the Circuit Attorney and also the Defendant and on the application of the Defendant this cause is continued until the next term of this Court where upon John Thurman, E.L. Abernathy, J. Rainey and J.S. Butler who each acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 each to be levied of their respective goods and chattels, lands and tenaments to be void on condition that the said John Thurman, E.L. Abernathy, J. Rainey and J.S. Butler shall be and make their personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of the Greene Circuit Court at the Court House in Springfield on the first Monday in August 1861 and testify on behalf of the State in the above entitled cause and not depart said Court without leave.
28
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 170.
State of Missouri Plaintiff
vs Felonious Assault
A.M. Huff Defendant
Now at this day comes the Circuit Attorney who prosecutes and it appearing to the satisfaction of the Court that Charles Starks had been duly summoned as a witness to testify on behalf of the State in the above entitled cause and being thrice called comes not but makes default. It is therefore considered by the Court that the State of Missouri ought to recover of Charles Starks the sum of $50 for said failure to appear and testify as required by said subpoena, and that a sciri facias issue requiring him to appear on the first day of the next term of this Court at the Court House in Springfield and show cause if any he has why said Judgment should not be made final and an execution issue therefor.
p 171. Wednesday January 30 1861.
John Crawford vs Sylvester Blackwell -- Defendant files demurer.
W.H. Cornwell vs J.F. Abernathy -- Files motion to strike replication
Lessery Myer vs W. Cirkel -- Defendant files his answer.
p 172.
N.D. Cadwell Plaintiff
vs Civil Action
Theophilus Sowell Defendant
Now at this day the motion to quash the writ in this cause coming on to be heard said motion is sustained and said writ quashed.
A. Fulden et al
vs Sheriff's Deed
J.R. Weaver
Now at this day comes Henry Matlock who is known to the Court as the former Sheriff of Greene County and the person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to Thomas Mullings for the following real estate: NW 1/4 NE 1/4 Section 3 and W 1/2 NW fcl 1/4 Section 2 and NE 1/4 NE 1/4 fcl Section 3 TWP 27 Range 21 the same being sold for the purpose of partition by order of Greene Circuit Court in the above entitled cause and the said Matlock acknowledged that he executed the same for the purposes therein contained.
State of Missouri Plaintiff
vs Felonious Assault
H. Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant in person and says he is guilty in manner and form as charged in the indictment, whereupon the Court doth assess as a punishment for the commission of the offense the sum of $100. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $100 and cost of suit and that she have an execution therefor.
p 173.
State of Missouri Plaintiff
vs Felonious Assault
H. Wilkerson Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant and John Breedlove who in consideration that execution be stayed on the Judgment for $100 (continued)
29
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E.
JANUARY TERM 1861.
p 173-continued
in the above entitled cause until within 30 days of next term of this Court he, the said John Breedlove agrees that if the same be not then paid that execution issue against him in connection with Defendant for the same,
Augustus F. Shappleigh, Thos. D. Day,
Woodward Crittenden, Alfred Lee Plaintiffs
vs Civil Action
Wilson Skien & John M. Davis Defendants
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that said Defendants had been duly served with process and being three times called came not but make default and the petition of Plaintiff being founded on an Instrument of Writing signed by the 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 $194.96 debt and also the sum of $15.35 damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendants their said debt and damage and also costs of suit and that they have an execution therefor.
p 174.
John T. Hooker Plaintiff
vs Civil Action
Andrew J. Burden and
Branham H. Woodson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur 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 Plaintiff in the sum of $213.60 debt and also $3.95 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
John McElkerson admin
James T. Read Plaintiff
vs Civil Action
James W. McSpadden, George
W. Hancock and John Tyler Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur 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 Plaintiff in the sum of $450 for debt and also the sum of $3.75 for damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
30
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 175
William J. McDaniel Plaintiff
vs Civil Action
James H. Fagg Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur 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 Plaintiff in the sum of $209.45 for debt and also the sum of $1.05 for damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
p 175.
Robert P. Faulkner and
Warren H. Graves Plaintiffs
vs Civil Action
Allen Edmonson, Isaac J. Edmonson &
S. Allen Edmonson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants bad been duly served with process and being three times called come not but make default and neither plead answer or demur 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 Plaintiff in the sum of $362.60 for debt. (no damages listed). It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
p 176.
Presley Farris Plaintiff
vs Civil Action
Andrew J. Burden &
Branham N. Woodson Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur 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 Plaintiff in the sum of $205 for debt and also $2.65 for damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
N. Beechman, T.S. Ireland, J. Fuller,
A. Rudskoff, C.O. Lockard,
M. Rudskoff & S. Rudskoff Plaintiffs
vs Civil Action
Wolff Cerkel Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur to Plaintiff's
(cont.)
31
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 176 (cont)
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 $505.73 debt and the further sum of $7.57 for damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendants his said debt and damage and costs of suit and that he have an execution therefor.
p 177.
John McElhannon & Jacob Neff Plaintiffs
vs Civil Action
William A. Peacher Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and being three times called comes not but makes default and neither plead answer or demur to Plaintiffs' 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 Plaintiffs in the sum of $489 for debt and also the sum of 58.96 for damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage and costs of suit and that he have an execution therefor.
p 177/178
Peter Hayden & Pollock Wilson Plaintiffs
vs Civil Action
George A. Taylor Defendant
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and being three times called comes not but makes default and neither plead answer or demur to Plaintiffs' 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 Plaintiffs in the sum of $925.81 for debt and also the sum of $64.35 for damage. It is therefore considered by the Court that the Plaintiffs have and recover of and from the Defendant their said debt and damage and costs of suit and that he have an execution therefor.
p 178.
Joseph Gott Plaintiff
vs Civil Action
Blackstone H. Bills &
Berry Moore Defendants
Now at this day comes the Plaintiffs by attorney and it appearing to the satisfaction of the Court that Defendant has been duly served with process and being three times called comes not but makes default and neither pleads answers or demurs to Plaintiff's petition and the same being founded on an Instrument of Writing signed by Defendant and amount claimed thereby. The Court upon examination of said Instrument finds that the said Defendant is indebted to the Plaintiff in the sum of $193 for debt and also $1.92 for damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants their said debt and damage and costs of suit and that he have an execution therefor.
32
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 178/179
B.G. Andrews Plaintiff
vs Civil Action
Jesse Sadler &
R.P. Faulkner Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by Defendants and the amount claimed thereby. The Court upon examination of said Instrument doth find that the said Defendants are indebted to the Plaintiff in the sum of $200 for debt and $22.33 for damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said debt and damages and cost of suit and that be have an execution therefor.
p 179.
George W. Sloan Plaintiff
vs Civil Action
Samuel R. Trusdale Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and being three times called come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by Defendant and the amount claimed thereby. The Court upon examination of the said Instrument doth find that the said Defendant is indebted to the Plaintiff in the sum of $352 debt and also the sum of $2.93 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and cost of suit and that he have an execution therefor.
p 179/180.
William Gray Plaintiff
vs Civil Action
Jabez Owen and
Joseph M. Carthal Defendants.
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called but come not but make default and neither plead answer or demur to Plaintiffs petition and the same being founded on an Instrument of Writing signed by the Defendant and the amount claimed thereby. The Court upon examination of said Instrument doth find that the said Defendants are indebted to the Plaintiff in the sum of $630 debt and also the sum of $57.75 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said debt and damages and also costs of suit and that he have an execution therefor to bear interest at 10%.
p 180.
Joseph Gott Plaintiff
vs Civil Action
Richard B. Coffman & O.B. Smith Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called but come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by Defendants and the amount claimed thereby. The Court upon examination of said instrument doth
(cont)
33
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
P 180 (cont)
find that the said Defendants are indebted to the Plaintiff in the sum of $374 debt and also the sum of $3.94 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said debt and damages and also costs of suit and that he have an execution therefor to bear interest at 10%.
p 180/181
Junius T. Campbell Plaintiff
vs Civil Action
James S. Jones & Samuel S. Vinton Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants had been duly served with process and being three times called but come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by the Defendant and the amount claimed thereby.The Court upon examination of said Instrument doth find that the said Defendants are indebted to the Plaitiff in the sum of $376.60 debt and damages.It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said debt and damagesand also costs of suit and that he have an execution therefor to bear interest at 10%.
p 181.
H.H. Newman Plaintiff
vs Civil Action
John A. Foster Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant bad been duly served with process and being three times called come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by the Defendant and the amount claimed thereby. The Court upon examination of said Instrument doth find that the Defendants are indebted to the flaitiff in the sum of $114.11 debt and damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said debt and damages and also costs of suit and that he have an execution therefor to bear interest at 10%.
J.M. Kelly Plaintiff
vs Civil Action
James W. McSpadden Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and being three times called comes not but makes default and neither plead answer or demur to Plaintiff's petition and the same being founded on an Instrument of Writing signed by the Defendant and the amount claimed thereby. The Court upon examination of said Instrument doth find that the Defendant is indebted to the Plaintiff in the sum of $411.43. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said debt and damages and also costs of suit and that he have an execution therefor to bear interest at 10%.
p 182
Robert P. Faulkner Plaintiff
vs Civil Action
Branham H. Woodson, James Norfleet &
Wiley B. Roper 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 being three times
(continued)
34
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 182 (cont)
called come not but make default and neither plead answer or demur 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 the Defendants are indebted to Plaintiff in the sum of $337 debt and also the sum of $38 damages. It is therefore considered by the Court that the Plaintiff-have and recover of and from the Defendants the said debt and damages and also costs of suit and that he have an execution therefor to bear interest at 10%.
p 183.
T.J.N. Hawkins Plaintiff
vs Order for Appeal from J.P.
John Baxter Defendant
Now at this day comes the said John Baxter by attorney and files his affidavit showing to the Court that he had made application to William J. Bradshaw, Justice of the Peace of Robberson Township in Greene County, Mo., for an appeal on a Judgment rendered before him in the above entitled cause against said affiant which said appeal was refused by said Justice. It is therefore considered by the Court that a rule issue to said Justice requiring him to certify the original papers and a transcript of his docket in said cause to the next term of this Court.
State of Missouri Plaintiff
vs Sabbath Breaking #1
Peter Goff Defendant
Now at this day comes the Circuit Attorney who prosecutes and it appearing to the satisfaction of the Court that Ruse Gott had been duly summoned as a witness to testify in behalf of the State in the above entitled cause and being thrice called comes not but makes default. It is therefore considered by the Court that the State of Missouri ought to recover of said Ruse Gott the sum of $50 for said failure to appear and testify as required by said subpoena and that a scira facias issue requiring him to-appear on the first day of the next term of this Court at the Court House in Springfield and show cause if any he have why said Judgment should not be made final and an execution issued for the same.
p 183/184
State of Missouri Plaintiff
vs Sabbath Breaking #2
Peter Goff Defendant
Now at this day comes the Circuit Attorney who prosecutes and it appearing to the satisfaction of the Court that Ruse Gott had been duly summoned as a witness to testify-in behalf of the State in the above entitled cause and being thrice called comes not but makes default. It is therefore considered by the Court that the State of Missouri ought to recover of said Ruse Gott the sum of $50 for said failure to appear and-testify as required by said subpoena and that a scira facias issue requiring him to appear on the first day of the next term of this Court at the Court House in Springfield and show cause if any he have why said Judgment should not be made final and an execution issued for the same.
p 184.
State of Missouri Plaintiff
vs Sabbath Breaking
Peter Goff Defendant
Now at this date comes the Circuit Attorney who prosecutes and it appearing that James McQuerter had been duly summoned to appear and testify in behalf of the State in the
(cont)
35
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK F
JANUARY TERM 1861
p 184 (cont)
above entitled cause and being thrice called comes not but makes default. It is therefore considered by the Court that said State of Missouri ought to recover of said James S. McQuerter the sum of $50 for said failure to appear and testify as required by said subpoena and that a scira facias issue requiring him to appear on the first day of the next term of this Court at the Court House in Springfield and show cause if any he have why said Judgment should not be made final and an execution issued for the same.
State of Missouri Plaintiff
vs Sabbath Breaking #1
James Raines Defendant
Now at this day comes the Circuit Attorney and also Defendant and having announced ready for trial thereupon came a Jury, viz: L.H. Freeman, G.J. Wiley, G. McElhanon, J.Y. Fulbright, W. Merritt, J.J. McQuerter, S. Blackwell, William Byers, J.S. Jones, J.F. Layton, J. Sahidn, and J.T. Brown, twelve good and lawful men who being duly elected and sworn to try the issue joined having heard the evidence and received the instructions of Court upon their oath say they cannot agree upon a verdict whereupon the said Jury is discharged and this cause continued until the next term of this Court.
p 185
State of Missouri Plaintiff
vs Felonious Assault
William Gash Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and on application of Defendant and for cause shown it is ordered by the Court that the forfeiture of recognizance taken in this cause at the last term of this Court be set aside and that the State of Missouri recover of and from Defendant his costs laid out in said behalf and have an execution therefor and King Allen agrees that in consideration that execution be stayed until the first day of the next term of this Court that he will stand security for said costs and that if the same be not then paid that an execution issue against him in connection with Defendant for the same.
p 186.
State of Missouri Plaintiff
vs Felonious Assault
William Gash Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant William Gash and King Allen who acknowledge 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 William Gash shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in August 1861 and answer to a bill of Indictment preferred against him for a Felonious Assault and not depart said Court without leave.
State of Missouri Plaintiff
vs Indictment for Murder
Jacob Heck Defendant
At this date it is ordered by the Court that the Defendant be by the Sheriff brought into Court.
36
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 186.
State of Missouri Plaintiff
vs Indictment for Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Defendant in person and by attorney and the Defendant demands a copy of the Bill of Indictment and forty eight hours time before announcing which is by the Court ordered.
State of Missouri Plaintiff
vs Indictment for Murder
Jacob Heck Defendant
Ordered by the Court that the Defendant go into custody of the Sheriff.
p 187.
State of Missouri Plaintiff
vs Disturbing the Peace
Daniel Flint Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that said Daniel Flint entered into a recognizance on the 15th day of August 1860 in the sum of $200 with V.W. Kimball and O.E. Kimball as his securities to be void on condition that the said Daniel Flint be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the present term thereof (being the fourth Monday in January 1861) at the Court House in Springfield, Greene County, Missouri, and answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County for Disturbing the Peace and not depart said Court without leave. And the said V.W. Kimball and 0.F. Kimball being also three times called and required to bring in the body of the said Daniel Flint in obedience of the said recognizance come not but also make default.It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a sciri facias issue to said Daniel Flint, V.W. Kimball and 0.E. Kimball requiring them to appear before the Judge of the Greene Circuit Court on the first day thereof which commences at the Court House in Springfield, Greene County, Missouri, on the first Monday in August 1861 and show cause if any they have why judgment should not be rendered against them for the said sum of $200 and costs of suit and an execution be issued thereon.
p 187/188.
State of Missouri Plaintiff
vs Felonious Assault
Daniel Flint Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant Daniel Flint being three times called comes not but makes default and it appearing to the satisfaction of the Court that said Daniel Flint on the fifth day of June 1860 entered into recognizance in the sum of $1000 with Alfred H. Kelly, V.W. Kimball and Silas B. Watson as his security which was approved by Joseph Rountree a Justice of the County Court of Greene County Court conditioned that said Daniel Flint should be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in August 1861 and answer to an indictment preferred against him for a Felonious Assault and not depart said Court without leave and the said Alfred H. Kelly, V.W. Kimball and Silas Watson being also called are required to bring in the body of said Daniel Flint in obedience to their said recognizance come not but also make default.It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a sciri (continued)
37
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 187/188 (cont.)
facias issue to said Daniel Flint, Alfred H.. Kelly, V.W. Kimball and Silas B. Watson requiring them to be and appear before the Judge of the Greene Circuit Court on the first day of the next term of the Greene Circuit Court at the Court House in Springfield, Greene County, Missouri, on the first Monday in August 1861 and show cause if any they have why Judgment should not be rendered against them for said sum of $1000 and an execution be issued thereon.
p 189. Thursday, January 31st 1861
State of Missouri Plaintiff
vs Cruelty to Slave
C.S. Bodenhamer Defendant
Now at this day the plea in bar in this cause (a pardon by the Governor) coming on to be heard the same is by the Court considered good and sufficient as to the commission of the offense charged. It is therefore considered by the Court that the Defendant be discharged hereof and go hence, but that the State of Missouri have and recover of and from said Defendant her costs laid out and expended and that she have execution.
p 189/190.
William Byers Plaintiff
vs Civil Action
John Butterfield Defendant
Now at this day comes the Plaintiff by attorney and says he will abandon this cause. It is therefore considered 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 an execution therefor.
p 190.
State of Missouri Plaintiff
vs Felonious Assault
John Carter Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and on his motion it is ordered that Judgment be rendered against said Defendant nune proteme for costs incurred in the forfeiture of his recognizance and setting the same aside at the last term of this Court. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant her said costs and that she have an execution therefor.
p 191.
John Lair Plaintiff
vs Civil Action
Tyree G. Newbill Defendant
David L. Fulbright Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendants have been duly served with process and though being three times called come not but make default and neither plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $500 debt and also the sum of $66.67 damage. It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage and that he have execution thereon with 10% interest.
38
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 191.
Reuben Rose Plaintiff
vs Civil Action
Michael Garoutte &
J. A. Hampton Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants have been duly served with process and being three times called come not but make default and neither plead answer or demur 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 the Plaintiff in the sum of $158.40 debt and also $1.32 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and also his costs of suit and that he have an execution therefore at 10% interest.
p 192.
Reuben Rose Plaintiff
vs Civil Action
James S. McQuerter, Alex Bates,
Daniel Chandler Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendants have been duly served with process and being three times called come not but make default and neither plead answer or demur 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 the Plaintiff in the sum of $258.50 and also $2.15 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendants his said debt and damage with 10% interest and also costs of suit and that he have an execution.
Reuben Rose Plaintiff
vs Civil Action
John M. Richardson Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and being three times called came not but makes default and neither plead answered or demurred to Plaintiff 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 the Defendant is indebted to Plaintiff in the sum of $309 debt and $3.05 damage. It is considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage with 10% interest and also costs of suit and that he have an execution.
p 193.
State of Missouri Plaintiff
vs Felonious Assault
H. H. Neaves Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and having announced themselves ready for trial thereupon came a Jury, Viz: B. Kite, J.H. Law, M.J. Hubble, G.B. McElhanon, W.J. Trobridge, G.M. Sloan, J.A. Stephens, S. Bedford, A.F. Bigbee, Jessie Kelly, W.S. Hancock and William Byers, twelve good and lawful men who being duly elected and sworn to well and truly
(cont)
39
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 193 (cont)
try the issue joined having heard the evidence and received the instructions of the Court upon their oath say thfly cannot agree and by agreement of Counsel by the Court discharged and this cause continued until the next term of this Court.
p 194.
State of Missouri Plaintiff
vs Felonious Assault
John Laney Defendant
Now at this day comes the Circuit Attorney and it appearing to the satisfaction of the Court that R.K. Boyd, Lucinda Boyd, William Jones, James H. Jones, Taylor Beal and Oliver Kimball have been duly subpoenaed to appear on the first day of the present term of this Court on behalf of the State and being three times called come not but make default. It is considered by the Court that the State of Missouri ought to recover of said witnesses the sum of $50 each for so failing to appear and testify as required by said subpoena and that a sciri facias issue to said R.K. Boyd, Lucinda Boyd, William Jones, James H. Jones, Taylor Beal and Oliver Kimball requiring them to appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court at the Court Rouse in Springfield, Missouri and show cause if any they have why said Judgment should not be made final and an execution be issued against each for the same.
p 195.
State of Missouri Plaintiff
vs Contempt of Court
LeRoy Roberts Defendant
Now at this day comes the said Defendant and shows cause for failing to attend this Court as witnesS in case of State vs H.H. Mand as required by subpoena which is by the Court deemed good and sufficient and he is by the Court discharged.
State of Missouri Plaintiff
vs Selling Goods Without License
N. Kelly Defendant
Now at this day comes the Circuit Attorney and says he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed and that the Defendant be discharged hereof and go hence without day.
p 195/196.
Causes continued to next term of this Court:
State of Missouri vs James Rains -- Sabbath Breaking #2
State of Missouri vs James Rains -- Sabbath Breaking #3
State of Missouri vs John Foster -- Selling Liquor #5
State of Missouri vs J.S. McQuerter -- Nuisance
State of Missouri vs Peter Goff -- Sabbath Breaking #3
State of Missouri vs Jacob Heck -- Murder
p 196.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and Henry Montgomery, Ezekiel Ogden and J.H. Price Sr who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and
(cont)
40
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK E
JANUARY TERM 1861
p 196 (cont)
chattels, lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof at the Court House in Springfield, Greene County, Mo., and testify on behalf of the State in the above entitled cause and not depart without day.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and on application of Defendant the order of continuance in this cause is by the Court set aside.
p 197.
State of Missouri Plaintiff
vs Civil Action
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and the Circuit Attorney having read the Defendant the Bill of Indictment and being enquired of by the Court whether he was guilty or not guilty of the charge in said Indictment alledged the Defendant then and there entered his plea of "not guilty". The said Defendant having announced themselves ready for trial the Court doth order that a pannel of 36 Jurors be summoned to try said issue.
State of Missouri Plaintiff
vs Murder
Jacob Heck Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Henry Montgomery, E. Ogden and J.H. Price who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $200 each to be levied of their respective goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance at the Court House in Springfield, Greene County, Mo., from day and testify on behalf of the State in the above entitled cause and not depart said Court without leave.
p 198. February 1st 1861
Bank of Missouri Plaintiff
vs Civil Action
Henderson James, R.P. Haden,
L.H. Freeman Defendants
Now at this day comes the Plaintiff by attorney and leave is granted Plaintiff to amend his petition and it appearing to the satisfaction of the Court that Defendants have been duly served with process and being three times called come not but make default and neither plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendants are-indebted to the Plaintiff in the sum of $1350 debt and also the sum of $80 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and also costs of suit and that he have an execution therefor.
41
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