Springfield-Greene
County LibraryJuly Term 1853
Book D.
p 68.
At a regular term of the Circuit Court within and for the County of Greene begun and held at the Court House at Springfield, Mo., on the 18th day of July A.D. 1853.
Present: The Honorable C.S. Yancey Circuit Judge
John T. Coffee, Esq., Circuit Attorney
Thomas Potter, Esq., Sheriff of Greene County
Joshua Davis, Clerk of the Court.
Now at this day comes the Sheriff and returns the venire for a Grand Jury with the following pannel endorsed thereon to wit:
William H. Anderston appointed foreman
George W. Dugan, Berry Moore, Joseph Headlee, H.R. Jarratt,
John O. Sheppard, George W. Kelley, John Boyd, W.S. Bradshaw,
Jas. Bouldin, Calvin D. Bray, E.H. Cornog, Wm. Gray,
James Russell, Henry J. Yandle, Isaac Hendrick
sixteen good and lawful men who after having received a charge from the Court retired to consider of their presentments.
State of Missouri Plaintiff
against Indicted for Adultery
Minerva DeWitt Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
against Indictment
Benjamin Cavness Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
against Indictment for Gaming
John Layton Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
State of Missouri Plaintiff
against Indictrnent for Gaming
Jabus Townsend Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court-that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 68.
State of Missouri Plaintiff
against Indictment for Lewdness
George Maxwell Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
p 69.
State of Missouri Plaintiff
against Indictment
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in said Bill of Indictment and puts himself upon the Mercy of the Court and was by the Court fined ten dollars. It is therefore considered by the Court that he make his fine by the payment of the ten dollars together with the costs herein expended for all of which execution may issue.
State of Missouri Plaintiff
against Indictment for Petit Larceny
James Beal Defendant
Now at this day comes the Circuit Attorney who presents on behalf of the State of Missouri and says by leave of the Court he will no further prosecute the said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.
p 70.
Ordered by the Court that Thomas C. Johnson and Robert Bevier be permitted to sign the Roll of Attornies. Now at this day come the Grand Jury empannelled and sworn at this term of this Court and returned into Court here the following as a true bill, to wit:
The State of Missouri against _____ King for robbery which is by the Court ordered to be marked filed.
p 71.
State of Missouri Plaintiff
against Indictment for Assault
Thomas Harlow Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person and for a plea says that he is not guilty in the manner and form as he stands charged in said Indictment and puts himself upon the Country and the Circuit Attorney doth the like and thereupon
came a Jury to wit: William Taber, Jas. H. Gallaher, Wm. E. Isbell, Alfred M. Julian, Wm Russel, Benjamin W. Cannefax, Larkin Paine, Thomas Lain, Joshua M. Bailey, Wm. F. Cox, Wm. Dabbs, and Robert Chaffin twelve good and lawful men duly elected tried and sworn after hearing the evidence and arguments returned into Court the following verdict "We the Jury find the Defendant not guilty in the manner and form as charged in said Bill of Indictment." It is therefore considered by the Court that the said Defendant be fully discharged from this prosecution and go hence without day.
2
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
P 7
State of Missouri Plaintiff
against Indictment for Selling Liquor Without License
William Purselley Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says that he cannot deny but that he is guilty in the manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court and the Court doth assess his fine at the sum of twenty dollars. It is therefore considered by the Court that he make his fine by the payment of the said sum of twenty dollars, together with the costs herein expended for all of which execution may issue.
p 72. July 19th 1853.
James W.B. Dodson and Sidney R. Roberts, Merchants trading and doing business together as such Plaintiffs
against In the Circuit Court of Greene County. Mo. in vacation
John Debruin Defendant
Now at this day was handed to me by John Debruin for John Waddill, attorney for the Plaintiffs in the above entitled cause a statement in writing made by John Debruin, the Defendant, authorizing a Judgment to be rendered against him in vacation in favor of the said N.B. Dodson and Sidney R. Roberts, the firm of Dodson and Roberts who do business together under the name and style of Dodson & Roberts for the sum of thirty five hundred dollars and the clerk of said Court in Vacation having seen and fully understood the promises and said statement having been verified by the Affidavit of the said Defendant and the said Clerk being sfied that the said Defendant executed said statement in writing and made the affidavit thereto. It is ordered and adjudged by said Clerk here in vacation that said Plaintiff have and recover of and from the said Defendant the aforesaid sum of thirty five hundred dollars as well as their costs herein expended for all of which execution may issue. It is therefore considered by the Court that the said Judgment in all things be affirmed and made final and that such execution issue as aforesaid.
E.F. Blakey Plaintiff
against Appeal from Probate Court
William H. Blakey Defendant
This day come the Plaintiff by her attorney and by leave of the Court says she will no further prosecute her said suit but will suffer the same to be dismissed and all and singular the premises being seen and by the Court fully understood it is considered by the Court that the said Defendant have and recover of and from the said Plaintiff their costs and charges in this behalf laid out and expended for all of which execution may issue.
State of Nissouri Plaintiff
against Indictment for Petit Larceny
Noah Strong Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said Suit but suffer the same to be dismissed. It is therefore considered by the Court that the said Defendant be hereof fully discharged and go hence without day and that the said Defendant have and recover of and from Theophilus Leathers the Prosecutor in this cause her costs and charges in this behalf expended for all of which execution may issue.
3
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 73.
State of Missouri Plaintiff
against Indictment for Robbery
Charles King Defendant
This day come Morgan Ingram, Thomas McAlister, William E. Williams and John Bennet & severally acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars each to be levied of their respective goods and chattels lands and tenements to be void upon this condition that they be and appear before the Honorable Judge of the Greene Circuit Court at the Court House in the city of Springfield on the first day of the next term of said Greene Circuit Court with will be holden on the 2nd Monday in January 1854 and not depart without leave then this recognizance to be void else to remain in full force power and effect.
State of Missouri Plaintiff
against Indictment for Assault
Hugh Stuart Defendant
This day come Hugh Stuart as principal and Henry Matlock his security and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of four hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon this condition that they be and appear before the
Honorable judge of the Greene Circuit Court at the Court House in the city of Springfield on the first day of the next term of said Greene Circuit Court which will be holden on the 2nd Monday in January 1854 and not depart without leave then this recognizance to be void else to remain in full force power and effect
State of Missouri Plaintiff
against Indictment Selling Liquor Without License
William Webb Defendant
This day came the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says he is not guilty: in manner and form as he stands charged in said Bill of Indictment and puts himself upon the Country and the Circuit Attorney doth the like and thereupon came a Jury, to
wit: A. Woody, Franklin Bighee, Thomas NcLain, Robt. Chaffin, R.B. Coleman, John Freeman, W.G. Roberts, C.B. Holland, Kindred Rose, Wm. S. Wilkes, Matthew Chapman, Joseph Chaffin, twelve good and lawful men duly elected, tried and sworn. After hearing the evidence and arguments returned the following verdict, to wit: "We the Jury find the Defendant guilty as he is charged in said Bill of Indictment and assess his fine at twenty dollars." It is considered by the Court that he make his fine by the payment of the sum of twenty dollars together with the costs and charges in this behalf laid out and expended for all of which execution may issue.
p 74.
Samuel Stow Plaintiff
against Appeal J.P.
Samuel Butler Defendant
Now at this day come again the parties in this cause and the motion heretofore filed to dismiss this cause coming on to be heard and all and singular the premises being seen and by the Court understood. It is considered by the Court that the said motion be sustained that said cause be dismissed and that the Plaintiff have and recover his costs and charges in this behalf for all of which execution may issue.
4
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
JULY TERM 1853
p 75.
John A. Jones, Caleb Jones and Alexander H. Thompson Plaintiffs
against Civil Action
Thomas Tiller,Guardian for Elijah Perkins, an insane person Defendant
This day come the parties aforesaid by their attorneys and neither party requiring a Jury the same was submitted to the Court and the evidence being heard, the Court do find that the said Elija Perkins is indebted to the said Plaintiffs in the sum of fifty nine dollars and ninety two cents for their debt and four dollars and seventynine cents for their damages. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Perkins the aforesaid sums together with their costs and charges in this behalf expended and that the same be levied of the goods and chattels lands and tenements of this said Perkins and that execution issue therefor.
Bank of the State of Missouri Plaintiff
against Civil Action
Samuel Lee, Thomas Tiller as Guardian of E. Perkins, insane person
and Ezekiel C. Cook Defendants
This day come the Plaintiffs aforesaid by their attorneys and Thomas Tiller Guardian as aforesaid in person and neither party requiring a Jury the same was submitted to the Court and the evidence being heard, the Court do find that the said Defendants are indebted to the said Plaitiff on a note in the sum of two hundred dollars for her debt and the sum of Sixteen dollars and fifty cents for her damages and interest, etc. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid sums together with her costs and charges in this behalf expended to be levied of the goods and chattels lands and tenements of the said Elijah Perkins and that execution issue therefor.
Caleb Jones, Alexander H. Thompson and William D. Muir Plaintiffs
against Civil Action
Thomas Tiller as guardian of Elijah Perkins, insane person Defendant
This day come the Plaintiffs aforesaid by their attorneys and Thomas Tiller Guardian as aforesaid in person and neither party requiring a Jury the same was submitted to the Court and the evidence being heard, the Court do find that the said Defendants are indebted founded in part on a note given by said Elijah Perkins for the sum of $927.68 and the said Elijah Perkins paid on said note $183.20. And the Court do further find that Defendant guardian of E. Perkins insane person, etc, is indebted to said Plaintiffon an account for goods, wares and merchandize purchased of said Plaintiffs in the sum of $600.68. The Court do therefore find the said Defendant is justly indebted to said Plaintiff as guardian as aforesaid in the sum of $1353.16 for their debt and also the sum of $80.62 for their damages. It is therefore considered by the Court that the said Plaintiffs have and recover from said Defendant as Guardian of Elijah Perkins insane person the aforesaid sum of $1433.78 that he have execution therefor.
p 76.
Earnest Lamey Plaintiff
against Civil Action
Thomas Tiller, Guardian for Elijah Perkins insane person Defendant
(cont)
5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
p 76 (cont)
This day come the Plaintiff by his attorney and the said Thomas Tiller Guardian as aforesaid in his own proper person and neither party requiring a Jury the same was submitted to the Court and the evidence being heard the Court do find that the said Elijah Perkins is indebted to the said Plaintiff in the sum of $366.58 debt and $10.98 damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sums together with his costs and charges in this behalf laid out and expended for all of which execution may issue to be levied of the goods and chattels of the said Elijah.
p 77.
J.B. Fitzgerald Plaintiff
against Appeal J.P.
John Dixon Defendant
This day come again the parties in this cause by their respective attorneys and by leave of the Court Defendant takes up his motion heretofore filed to dismiss this cause the summons does not run in the name of the State of Missouri which said motion was sustained and said cause dismissed. It is therefore considered by the Court that the said Defendant have and recover of and from said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.
p 78.
L.H. Freeman Plaintiff
against Civil Action
Isaac Woods, et al Defendants
Now at this day comes the Plaintiffs in this cause and the Defendants although three times solemnly called comes not and it appearing to the Court that the Defendants was by the Law of the Land bound to plea at the last term of this Court which was by the order of this Court extended to ninety days after the last term of this Court, and it further appearing to this Court that said Defendants have failed to plea according to such leave nor have they yet pled to this cause. It is therefore ordered adjudged and considered that the penalty of said Defendants bond be forfeited and that Plaintiff have and recover of and frorn the said Defendants his damages as well as costs and charges in this behalf laid out and expended, and in as much as this suit is not founded on an instrument by which the amount of his damages are ascertained, it is further ordered that a Jury be summoned to this term of this Court to assess Plaintiffs damages sustained by reason of the said several breaches of Defendants' bond.
Now at this day come Henry McKinley a free white person and a native of Scotland in the Kingdom of Great Britain and it appearing to the satisfaction of the Court that the said McKinley had resided in the United States three years next preceding his arrival at the age of 21 years, and has continued to reside therein to the present time. That he resided in the United States for more than 3 years and that the said Henry McKinley is now more than 21 years of age and the said Henry McKinley now declaring an Oath and having proven to the satisfaction of the Court that for more than three years last past it has been the bonafide intention of the said McKinley to become a citizen of the United States and it further appearing to the satisfaction of the Court that the said Henry McKinley has resided within the State for more than one year, and it further appearing to the satisfaction of the Court that during that time the said McKinley has behaved as a man of good moral character, and attaches to the principles of the Constitution of the United States as well disposed to the good order and happiness of the same, and in Open Court declared on oath that he will support the (continued)
6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D. JULY TERM 1853
p 18 (continued)
Constitution of the United States and that he doth entirely and absolutely renounce and abjure all allegiance and fidelity to every Foreign Prince Potentate State and Sovereignty whatever and particularly to Victoria Oueen of Great Britain hereof he was before a subject.
p 79.
Jeremiah Wilson Plaintiff
against Civil Action
Charles T. Drumright and James Vaughan Defendants
This day come the parties in this cause by their respective attornies and the same being ready for hearing thereupon come a Jury, to wit: James Potter, Daniel Chandler, John H. Gibson, L.H. Freeman, Joseph Chaffin, Caleb Horn, Elihu Messick, Wm. L. Herrington, Joshua M. Bailey, William H. Blakey, Edward Moore and John H. Miller, twelve good and lawful men duly elected tried and sworn and after hearing a part of the evidence and being unable for the want of time to get through with the evidence were permitted to disperse under the rule of the Court until tomorrow morning at 8 o'clock.
Friday Morning 22 July 1853.
Ordered by the Court that the time of pleading in all cases undisposed of at this term of this Court be extended until Monday 25 July 1853 except in cases of Suits founded upon notes and bonds.
p 79/80.
Saturday Morning 24 July 1853.
In the matter of the heirs of Randolph Lanham deceased. The Commissioners, Thomas Edmonson, James W. Gray and C.C. Williamson who had been heretofore appointed to make partition of the lands belonging to said estate make the following report, to wit: "We the Commissioners appointed by the Circuit Court of Greene County, Mo., to make partition of the lands belonging to the estate of Randolph Lanham deceased, among the following heirs of said estate of John Lanham, Garland Lanham, Horace Snow admin. of the estate of John Lanham deceased, Jane Lanham, Catharine Lanham and Abel Lanham beg leave to report that they have performed the duty required of them to the best of their abilities and have divided the lands of said estate between the several heirs thereof in the following manner, commencing at the SW corner of said land and running East along the line dividing said land from the land of Nicholas R. Smith fifteen two pole chains and thirty links to a stone containing thirtyone and twenty hundredths acres to be Lot No. (1) one to H. Snow as admin. of the estate of John Lanham deceased. From thence along the same line East thirteen two pole chains and fortytwo links to another stone, containing twenty seven and sixty eighths acres to be called Lot No (2) two to Abel Lanham from thence along the same line seventeen two pole chains and thirty links to another stone containing thirtyfive and twenty hundredths acres to
be called Lot No. (3) three to Catharine Lanham. From thence along the same line East thirteen two pole chains and five links to another stone, containing twentysix and twenty hundredths acres to be called Lot No. (4) four to Thomas Lanham. From thence along the same line twelve two pole chains and thirty links to another stone containing twentyfive and twenty hundredths to be called Lot No. (5) five to Jane Lanham. From thence along the same line fifteen two pole chains and forty two links to the EasTERM boundry line of said land containing thirtyone and sixtyeight hundredths acres to be called Lot No. (6) SiX to Garland Lanham. The last named lot that is Lot
No. (6) six to include the barn, the above land we have divided according to quality
(continued)
7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 79/80 (cont)
and quantity to the best of our skill and Judgment. The North and South boundry fences to remain as they now are and the balance of the rails upon said land to be equally divided amongst the several heirs to said estate. We have also divided a forty-acre piece known as the SE 3/4 of Sect 32 TWP 30 Range 21 in the following manner beginning at the SW corner thereof thence East along the Southern boundry line of the same six two pole chains thirty three and one third links to a rock containing six and two thirds acres to be called Lot No. (1) one to Abel Lanbam. From thence along the same line six two pole chains thirty three and one third links to another rock containing six and two third acres to be called Lot No. (2) two, to Thomas Lanham. From thence along the same line six two pole chains thirty three and one third links to another Stone containing six and two third acres to be called Lot No. (3) three to Horace Snow as admin of the estate of John Lanham deceased. From thence along the same line six two pole chains thirty three and one third links to another stone containing six and two third acres to be called Lot No. (4) four, to Jane Lanham. From thence along the same line six two pole chains thirty three and one third links to another Stone containing six and two thirds acres to be called Lot No. (5) five to Garland Lanham. From thence along the same line to the EasTERM boundary line of said piece of land six two pole chains thirty three and one third links containing six and twothirds acres to be called Lot No. (6) Six to Catharine Lanham. The above forty acre lot of the land being unimproved. It is also understood that Abel Lanham is to get the house and spring and the lot of ground attached in addition to the share hereby alloted to him all which is respectfully submitted. Given under our hand this 12th day of November 1852.
Thomas Edmonson
James W. Gray
C.C. Williamson, Commissioners.
And all and singularly the Premises being seen and by the Court understood, it isconsidered by the Court that the said report be approved. And be it also remembered that the said Commissioners who are personally known to the Court to be the identical persons whose names appear to the forgoing report acknowledged the same in Open Court
to be their act and deed for the uses and purposes therein mentioned. It is therefore considered by the Court that the said report be confirmed and that the said partition be firm and effectual forever.
p 81.
Isaiah Vanzandt
against Appeal J.P.
Hezekiah S. Blankenship
This day came the respective parties in this cause and the Appellant makes known to the Court that by leave thereof he will no further prosecute his said appeal and all and singular the premises being seen and by the Court well understood. It is considered by the Court that the said appeal be dismissed and that the said parties each pay their own costs for all of which execution may issue.
Jeremiah Wilson Plaintiff
against Civil Action
C.T. Drumright & James Vaughan Defendants
Now at this day come the parties in this cause by their respective attorneys and by agreement of said parties Samuel H. Freeman is discharged from further services as a Juror in this cause. And it is further agreed by the said parties that the said cause proceed with the eleven remainirg Jurors and for the want of sufficient time
(continued)
8
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
JULY TERM 1853
p 81(continued)
to Set through with the same the Jury was permitted to disperse under the Rule of the Court until Monday Morning at 8 o'clock.
This day come the Grand Jury and present the following as true Bills of Indictment
State of Missouri against
Eunard Waterson for Gaming
Robert Gallaher for Gaming
Thomas Moore for Gaming
Thomas Moore for Selling Whiskey Without License.
William Preston for Gaming
Reece Gott for Gaming
Jacob Fowler for Running Horses on a Public Road
John M. Hopper for Running Horses on a Public Road
Samuel Andrews for Gaming
William Chenoweth for Gaming
Cicero McGinty for Gaming
R.E. Blakey for Gaming
Leroy Thomas for Running Horses on a Public Road
George Bunch for Running Horses on a Public Road
Henry T. Gray for Running Horses on a Public Road
George Bunch for Running Horses on a Public Road
El ias Friend for Running Horses on a Public Road
Jefferson Shipman for Running Horses on a Public Road
Jefferson Shipman for Running Horses on a Public Road
Thomas Moore for Gaming
William Keithley for Gaming
Nicholas Kinson for Gaming
Thomas Moore for Selling Whiskey Without a License
Lewis A.D. Crenshaw for Killing a Bull
The others being for felonies are not disclosed and having further business retired to consider thereof.
p 82.
State of Missouri Plaintiff
against Indictment for Felonious Assault
James Preston Defendant
This day comes James Preston as principal and William E. Isbell, Charles Y. Proctor and Daniel Chandler as his securities and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of four hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon this condition that if the said James Preston shall make his personal appearance on the first day of the next term of the Greene Circuit Court at the Court House in the city of Springfield in Greene County, Missouri, which will be holden on the second Monday in January A.D. 1854 and not depart the same without leave that then this recog- nizance shall void else to remain in full force at this term of this Court.
Monday Morning. Same Court Officials.
State of Missouri Plaintiff
against Indictment for Gaming
William Chenoweth Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant by his attorney, A.T. Haun, who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in the said Bill
(continued)
9
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 82 (continued)
of Indictment and puts himself upon the mercy of the Court, and the Court doth assess his fine at the sum of ten dollars. It is therefore considered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs in this behalf expended for all of which execution may issue.
State of Missouri Plaintiff
against Indictment for Keeping a Bawdy House
Elizabeth Reed Defendant
This day come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant by her attorney who for a plea says she cannot deny but that she is guilty in the manner and form as she is charged in the said Bill of Indictment and puts herself upon the mercy of the Court and the Court doth assess her fine at the
sum of five hundred dollars. It is therefore considered by the Court that she make her fine by the payment of the sum of five hundred dollars together with her costs and charges in this behalf expended for all of which execution may issue.
p 83.
Elizabeth F. Blakey Plaintiff
against Appeal From the Court of Probate
William H. Blakey and R.E. Blakey Defendants
Now at this day comes the Plaintiff by her attorney and by leave of the Court says she will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said Plaintiff take nothing by her said suit that the Defendants have and recover of and from the said Plaintiff their costs and charges in this behalf laid out and expended for all of which execution may issue.
p 84.
Ordered by the Court that the time of pleading in the several causes in which L. Hendrick, J.S. Waddill and Wm. C. Price are attorneys be extended until the 27th day of this instant.
This day comes the Grand Jury again and returns the following Bills of Indictment State of Missouri against Benjamin G. Andrews For Selling Liquor to a Slave. State of Missouri against Charles King for Felonious Escape From Breaking Jail & being in Prison is Disclosed.
And having no further business were by the Court discharged.
p 84.
Jeremiah Wilson Plaintiff
against Civil Action
C.T. Drumright and James Vaughan Defendants
This day comes the parties in this cause by their respective attorneys and the following Jurors being present to wit: James Potter, Daniel Chandler, John H. Gibson, Joseph Chaffin, Caleb Horn, Elihu Messick, William L. Herrington, Joshua M. Bailey, William H. Blakey, Edward Moore and John H. Miller eleven good and lawful men who were by consent agreed to be sufficient Jury to try this cause. And the Jury after hearing the evidence in the cause and the arguments of Counsel retired to consider of their verdict, and having agreed returned into Court with their verdict upon said issues which was received by the Court and filed in the cause. And it appearing to the Court here by the verdict of the Jury aforesaid (continued)
10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
JULY TERM 1853
p 84 (cont)
1st That there was no agreement between said Drumright and Wilson that Wilson was to give Drumright a Mortgage on the land to secure the payment of the purchase money.
2nd That Drumright did not furnish and fill up the conveyance that was executed by Wilson to him.
3rd. That Wilson did not tender the balance of the purchase money to Drumright on or before it was due.
4th. That Vaughan had no knowledge before he purchased the land but that the right of Drumright was bona fide and without any conditions whatever.
5th. That Wilson proposed to give Drumright a Mortgage, but Drumright absolutely refused to have anything to do with a Mortgage but said verbally that if Wilson would pay the money punctually when due he would convey the land to him.
6th That Wilson had the conveyance that he executed to Drumright filled up himself as it was and of his own accord.
7th. That Drumright told Wilson if the payment was not made when due he would not convey the land to him and that he would sell it, or enough of it, to make the money.
8th. That Drumright endeavored to get Wilson to pay the money when due but would not. That when Wilson purchased the land warrant he was to pay fifty dollars in 6 weeks and the balance on the first of March 1850. That the lender of the balance was made 13 months after it was due and not before and long after Drumright sold to Vaughan. Whereby it appears that said conveyance was never intended by the parties to be a Mortgage but an absolute deed.
It is therefore considered by the Court that the prayer of the Plaintiff ought not to be granted, that he take nothing by his said Writ and that the Defendants go hence without day. It is also considered by the Court that said Defendants have and recover of and from the Plaintiff their costs and charges in this behalf expended for all of which execution may issue.
p 85.
John McMechan Plaintiff
against Appeal J.P.
W.G. Roberts et al Defendants
Now at this day comes the respective parties by their attorneys and the Plaintiff says by leave of the Court he will no further prosecute his said appeal but will suffer the same to be dismissed. It is therefore considered by the Court that the said Appeal be dismissed and that the Defendants have and recover of and from the said Plaintiff their costs and charges in this behalf laid out and expended for all of which execution may issue.
R.P. fladen Plaintiff
against Appeal J.P.
Thomas Lane Defendant
Now at this day comes the respective parties by their attorneys and the Plaintiff says by leave of the Court he will no further prosecute his said appeal but will suffer the same to be dismissed. It is therefore considered by the Court that the said Appeal be dismissed and that the Defendants have and recover of and from the said Plaintiff their costs and charges in this behalf laid out and expended for all of which execution may issue.
11
GREEN COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 85.
Jabus Townsend Plaintiff
against Appeal J.P.
William Hendrick Defendant
This day come the parties in this cause by their respective attorneys the cause being ready for hearing and thereupon came a Jury, to wit: John T. Boals, Matthew Chapman, Benjamin Atkinson, W.B. Garrison, Levi Filmon, Richmond Johnson, six good and lawful men duly elected tried and sworn. After hearing the evidence and arguments of Counsel returned into Court the following verdict "We the Jury find for the Defendant." It is therefore considered by the Court that the Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf expended for all of which execution may issue.
p 86.
Joseph Chaffin et al
Expartee
Petition for Partition
Now at this day came the parties Eliza Chaffin and Joseph Chaffin, her husband, in their own proper person and Fanny Day and Rebecca Day by their next friend, John W. Thrower and file their petition for partition whereby it appears that said Eliza, Fanny and Rebecca are acquaintenances of the following real estate in said County of Greene, viz - the SouthEast 1/4 of the NorthEast 1/4 of Section No. 23 in Township No. 28 of Range No. 21, also the East 1/2 of the Northeast 1/4 of Section No. 26 in the same Township and Range and that they are desirous of having partition thereof. And the same having been mutually submitted to the Court, and it appearing to the satisfaction of the Court that each of said joint owners of said land is entitled to one third thereof. It is therefore considered by the Court all things being seen and by the Court understood that partition be had according to the prayer of said petitions and one third of said land set apart to each joint owner the Court do also appoint Samuel Tillman, William S. Wilkes and Addison Walker Commissioners to make partition. Afterwards on the same day came into Court the said Commissioners and file their report that said real estate cannot be divided without great prejudice to the owners which report is by the Court approved. It is therefore ordered by the Court that said real estate be sold by the Sheriff of said county at public auction to the highest bidder according to Law.
p 87.
State of Missouri Plaintiff
against Indictment for Gaming
Cicero McGinty Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court and the Court doth assess his fine
at the sum of ten dollars. It is therefore considered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs and charges herein expended for all of which execution may issue.
Isom Shoat Plaintiff
against Civil Action
N.A. Davis Defendant
This day come the parties in this cause and the same being ready for trial and thereupon came a Jury, to wit: Joseph Jones, Joseph T. Morton, Christian Baker, William T.
(continued)
12
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 87 (cont.)
Ward, Thomas Bridges, David Melton, Andrew Aidridge, Benjamin W. Cannefax, J.P.C. Langston, Charles McClure, John A. Gillespie and Tapley Daniel, twelve good and lawful men duly elected tried and sworn, and after hearing a portion of the evidence and not having time to complete the same were permitted to disperse under the Rule of the Court.
State of Missouri Plaintiff
against Indictment For Breaking Jail
Charles King Defendant
This day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court. And all and singular the premises being
seen and by the Court well understood, the Court doth assess his punishment at imprisonment in the County Jail for the term of six months. It is therefore ordered and adjudged by the Court that the Sheriff of Greene County deliver him to the keeper of the Jail of said County to be by him safely kept until the expiration of said six months.
second p 87.
Isom Shoat Plaintiff
against Civil Action
N.A. Davis Defendant
This day comes the plaintiff and moves the Court for an attachment against Addison Tennis a witness who has been subpoenaed to attend at this term of the Court to testify as a witness for said Plaintiff and it appearing to the satisfaction of the Court that he has failed to obey said subpoena. It is therefore considered by the Court that said motion be sustained.
p 88.
Wm. A. Bagley Plaintiff
against Civil Action
Earnest and Roberts Defendants
This day come the parties in this cause and the same being ready for trial, thereupon come a Jury, to wit: W.B. Logan, W.P. Cox, G.W. Kelley, W.L. Daniels, J.G. Wallis, Joseph Carthel, J.J. Clarkston, Wm. H. Blakey, D.D. Martin, R.D. Pallet, E.C. Manning and James Dyer 12 good and lawful men duly elected tried and sworn. After hearing a portion of the evidence and other matters intervening were by the Court discharged and the cause continued at the Defendant's costs.
p 89.
Doan King and Co. Plaintiff
against Civil Action
John DeBruin Defendant
This day come the plaintiff in this cause by his attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process and having failed to answer and being three times solemnly called comes not, and the demands being founded on instruments of writing and the amount ascertained thereby the said cause was submitted to the Court. The Court do find from the said Instruments that the said Defendant owes and stands justly indebted to the said Plaintiffs in the sum of $793.29 for their debt and $86.84 for their damages for the detention thereof. It is therefore considered by the Court that the said Defendants the aforesaid debt and damage together with their costs and charges in this behalf expended for all of which execution may issue.
13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 90.
Thomas G. White, Petitioner
for
Writ of adquod damnum
This day was presented to the Court all the proceedings in this cause containing the Petition of the said Thomas G. White the Writ of adquod damnum his abstract of title, and the Sheriff's return endorsed on said Writ together with the verdict of the following Jury, to wit: Calvin D. Bray, James F. Hornbeak, Benjamin Atkisson, Thomas Frazier, John Hunt, Thomas Bruton, David Wolf, Matthew Chapman, William Kissee, J.T.Cave, W.M. Chaffin and Daniel Stephanson -
1st (We the Jury find there will be no Proprietor damaged by reason of inundation consequent upon the erection of a dam as prayed for in said Petitioners Petition.
2nd No Mansion House, Outhouse, garden thereto immediately belonging, or Orchard will be overflowed thereby
3rd That ordinary navigation and fish of passage will not be materially obstructed by such erection
4th That the Health of the Neighborhood will not be annoyed in consequence of such erection, which is the unanamous verdict of the above named Jury and it appearing to the satisfaction of the Court that the Law has been strictly complied with.
It is therefore ordered and adjudged by the Court that the said Thomas G. White be and he is hereby permitted to build his Mills as prayed for in his said Petition at or near the SouthEast corner of the West 1/2 of the NorthWest 1/4 of Section 23 Township 27 Range 21. That he be permitted to erect his said dam across Finley Creek connected with said mills to the height of seven feet. And it appearing to the satisfaction of the Court that everything above stated is true, and upon a full view of the inquest it is found that no material injury will accrue to any one consequent upon such erection the Court do give the said Thomas G. White permission to build said mills and dam as aforesaid according to the prayer of said Petition and that he pay the costs in this behalf expended for all of which execution may issue.
James Breedlove et al
Expartee
Petition for Partition and Assignment of Dower
And now at this day comes here into Court Elihu Nessick, John H. Gibson and John L. McCraw Commissioners appointed at this term of this Court to assign Dower and make partition of the following described real estate of Addison Purselley deceased, to wit: the East 1/2 of the NorthEast 1/4 and sixtysix and two thirds acres off the North end of the West 1/2 of the NorthEast 1/4 of Sect 25 Township 29 Range 21, and make their report which is by the Court approved, and it appearing to the Court that the following described portion of land to wit: the NW 1/4 of the NE 1/4 of Sect 25 in Twp 29 of Range 21 is by said Commissioners set off as the Widows Dower, and that the remainder cannot be divided in kind without great prejudice to the owners of the same. And it further appearing to the Court that the interest of the owners does not require the sale thereoffor purpose of partition. It is therefore adjudged and decreed by the Court that said James Breedlove and Cynthia Breedlove, his wife, be endowed of that portion of the real estate of said deceased described above.
William Jeffries as admin of estate of James Jeffries deceased
against Civil Action
William McAdams et al
And now at this day come the parties and this cause coming on to be heard on petition and answer and the allegations in Plaintiff's petition appearing to the Court to be (continued)
14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 90 (cont)
admitted by Defendants answer. And it appearing to the Court further that Joseph Powell deceased did in his lifetime undertake and promise as alledged by Plaintiff in his petition. And it further appearing that said James Jeffries deceased had in his lifetime paid the consideration for the land mentioned in said Plaintiffs petition as the same is alledged in said petition and it further appearing that said Powell did not in his lifetime make to the said Jeffries a Deed according to his said agreement, and that the said Joseph Powell and James Jeffries are since deceased, and that it will be necessary for the administration of the estate of James Jeffries deceased that the title to said land in Plaintiffs petition mentioned be decreed to the administrator of his estate and it further appearing that said Plaintiff as administrator of the estate of James Jeffries, deceased, have and be possessed of all the right title and interest of the said Joseph Powell, deceased, or the said Defendants in and to the said land in said petition mentioned, to wit: Lot No. 1 NE fractional 1/4 of Sect No. 1 in Twp No. 29 of Range No. 21.
p 91.
James R. Danforth Plaintiff
against Civil Action
J.E. Danforth, et al Defendants
And now at this day comes the parties respectively and the case being ready for hearing upon petition and answer and it appearing to the Court that the allegations in Plaintiffs petition are admitted by Defendants answer. And it appearing further upon petition and answer that the firm of Danforth and Brothers did exist as alledged by Plaintiff, that it was due to Plaintiff on the 12th day of July 1853 for sundry payments made by Plaintiff for said firm and interest in the sum of $2248.46 (two thousand two hundred and forty eight and forty six one hundredths dollars) that said firm owns and is possessed of the real estate in said petition mentioned, to wit: the S 1/2 f Lot No 24 of Block 6 in the city of Springfield, also a Lot of land containing one acre and nine poles lying and being on the East side of Springfield adjoining Block No 22 described as follows beginning at the NE corner of Block No. 22 of the town tract at a stake numbered 81. Thence running East twenty two poles thirteen links to a stake. Thence South seven rods seven and a half links. Thence 22 rods 13 links. Thence West 22 poles 13 links. Thence North to the beginning and there is not a sufficiency of available assets of said firm to pay Plaintiff his debt and costs without the sale of said real estate. It is therefore ordered and adjudged that Plaintiff have and recover of and from the said Firm the aforesaid sum of $2248.46 with costs of suit. And it is further ordered and adjudged and decreed that the above described real estate be sold to pay the same and that the same be exposed at the Court House door in the town of Springfield by the Sheriff of Greene County at the next term of this Court for cash after having given such notice as the Law requires for the sale of real estate under fini facias.
p 92.
State of Missouri Plaintiff
against Indictment for Horse Racing On A Public Road
George Bunch Defendant
This day comes the Circuit Attorney protem who says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that said State take nothing by her said suit and that the said Defendant be hereof discharged and go hence without day.
15
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 92.
State of Missouri Plaintiff
against Indictment For Horse Racing On A Public Road
George Bunch Defendant
This day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person, who for a plea says he cannot deny but that he is guilty in manner and form as he is charged in said Bill of Indictment and puts himself upon the mercy of the Court, and the Court doth assess his fine at the sum of five dollars. It is therefore considered by the Court that he make his fine by the payment of the sum of five dollars and costs for all of which execution may issue.
p 93.
John M. Sage Plaintiff
against Appeal J.P.
Daniel Chandler Defendant
This day come the respective parties by their attorneys and neither party requiring a Jury the evidence being heard and by the Court fully understood, it is considered the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of two dollars. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of two dollars together with his costs and charges in this behalf laid out and expended for all of which execution may issue.
James Douglas
to Deed of Manumission
Albert, a person of color
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Hagar, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Henry, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Franklin, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical
(continued)
16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D
JULY TERM 1853
p 93 (continued)
person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Mary, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
p 94.
James Douglas
to Deed of Manumission
Lucinda, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Sarah, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
James Douglas
to Deed of Manumission
Mahala, a person of colour
Be it remembered that on this 15th day of August A.D. 1853 personally appeared in Open Court James Douglas who is personally known to the Court to be the identical person whose name appears to said Deed of Manumission and acknowledges the same to be his act and deed for the purposes therein mentioned.
(Note: 1851 Tax LIST FOR Greene County show James Douglas with 11 slaves)
p 95.
James H. Parsons Plaintiff
against Appeal J.P.
Daniel Chandler Defendant
Now at this day come the parties in this cause by their respective attornies and the same being ready for trial and neither party requiring a Jury and the cause being submitted to the Court. The Court sitting as a Jury after hearing the evidence and the argument of Counsel do find that the said Defendant did execute the land as spec ified in Plaintiffs complaint and that the Defendant failed to comply with the condition of said land as specified in the plaintiffs complaint. The Court further find that Plaintiff has sustained damages to the amount of two dollars and fifty cents. It is therefore considered by the Court that the said Plaintiff have and recover of and from the Defendant and his security in the appeal bond W.H. Graves, the aforesaid sum of two dollars and fifty cents for his damage as well as his costs and charges in this suit expended for all of which execution may issue.
17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
JULY TERM 1853
p 95.
William G. Roberts Plaintiff
against Appeal J.P.
Morgan Sage Defendant
This day come again the parties in this cause and after the conclusion of the arguments the Jury (Wm. H. Blakey, M.W. Anderson, W.F. Cox, Abner Hamblin, R.W. Eaton and Joseph Moss) return into Court the following verdict "We the Jury find for the Plaintiff the sum of one hundred and eighty dollars for his debt and twenty nine dollars andforty three cents for his damages. It is therefore considered by the court that the said Plaintiff have and recover of and from the said Defendant and Daniel Chandler and David Potter, his securities in his appeal bond, the aforesaid debt and damages as well as his costs and charges in this suit expended for all of which execution may issue.
p 96. nil
p 97.
Thomas Potter
to Deed
Derick A. January
Be it remembered that on this 18th day of August 1853 personally appeared Thomas Potter who is known to the Court to be the identical person whose name appears on an instrument of writing purporting to be a Sheriff's Deed and also known to the Court to be the Sheriff of Greene County in the State of Missouri and acknowledged the same to be his act and deed for the uses and purposes therein expressed.
Charles Proctor et al
against Appeal J.P.
Washington Wallis
This day come the Plaintiff in this cause and says by leave of the Court he will no further prosecute his said appeal but will suffer the same to be dismissed. It istherefore considered by the Court that said Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf and expended for all of which execution may issue.
p 98.
John Delaney
against Civil Action
Jonathan Johnson et al
This day comes Joseph Burden in his own proper person and by leave of the Court he, the said Joseph Burden, is permitted to be made a party to this suit, and by leave of the Court files herein his answer in this cause. And it is also ordered by the Court that an alias pluris Writ be awarded againstJonathan Johnson and Rebecca Johnson, William Lunseord and Catharine Lunseord directed to the Sheriff of this County returnable to the next term of Court.
18
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