Springfield-Greene
County LibraryJuly Term 1864
Tuesday July 5th 1864.
Court met pursuant to adjournment. Present as on last day.
State of Missouri Plaintiff
vs Selling Liquor Without License
Isaac Shillrs Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty in manner and form as charged in the Bill of Indictment where upon the Court doth assess as a fine on said Defendant the sum of $20 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 the Defendant the said fine of $20 and also her costs and that she have execution therefor.
p 548/549.
State of Missouri Plaintiff
vs Selling Liquor Without License
George McClelland Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty in manner and form as charged in the Bill of Indictment whereupon the Court doth assess as a fine on said Defendant the sum of $20 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 the Defendant the said fine of $20 and also her costs that she have execution therefor.
15
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
July 5th 1864
p 549.
Bank of State of Missouri Plaintiff
vs Civil Action
J.D. Haden, R.P. Haden
and W.H. Blakey Defendants
Now at this day the Court on its own motion from an insepection of the minutes and the papers in this cause it is ordered by the Court that said Judgment rendered on the 13th day of August 1863 and entered on page 8 of record F be amended by erasing in the title thereof the name William H. Frazier and inserting the name William H. Blakey so as to make said Judgment correspond with the petition and minutes of the Court.
Now at this day comes T.A. Reed, Sheriff of Greene County and makes the following extent of fines collected on Judgments rendered by the Court Viz: State vs A.O. Fairchilds $50, E. Frieborg $50, Atkins and Love $50, Charles Levi and Newmark $10, William Lyman $10, J.M. Powell $10, William Chester $10, Henderson Jones $10, J.B. Cox $10, Lemuel Painter $10, 0lmer South $10, James Maupin $10, E.S. Greene $50, F.J. Andrews $10, J.J. McQuerter $10, William M. McQuerter $10, C. Clark $10, A. Fisher $20, C.H. Barnett $10, S.J. Gott $10, William Riggs $20, J.W. Peacher $10, J.H. Childs $1, Joseph Oneal $20, W.H. Burden $10, James Long $20, D.C. Gorman $20, Sam $10, G.B. Maupin $10, Noah Atkins $20, Theodore McAdams $10, J.H. Rosey $10, Mike Grover $10, G. McClelland $20, Isaac Sluder $20, Charles Levi $50, Robertson and Mason $50.
p 549.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill, C.J.
p 550.
July 6th 1864
Court met pursuant to adjournment. Present as on yesterday.
Bank of the State of Missouri Plaintiff
vs Civil Action
Isaac Dyer, W.J. Trowbridge
and James S. McQuerter Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court and on Plaintiff's motion the cause is dismissed and leave given to withdraw the instrument sued on by having a true copy of the same and it is adjudged that the Defendant have and recover his costs in this behalf of and from Plaintiff and that he may have execution therefor.
p 551.
State of Missouri Plaintiff
vs Selling Liquor Without License
Capt Page Defendant
Now at this day comes the Defendant in person and also the Circuit Attorney who prosecutes and the said Defendant for a plea says he is guilty in manner and form as charged in the Bill of Indictment whereupon the Court doth fine the Defendant in the sum of $20 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 the Defendant the said sum of $20 fine and also costs and that execution issue for the same and Defendant remain in custody of the Sheriff until fine and costs are paid.
State of Missouri Plaintiff
vs Gaming
Capt Page Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says
(cont)
16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
p 551 (cont)
he is guilty in manner and form as charged in the Bill of Indictment whereupon the Court doth fine the Defendant in the sum of $10 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 the Defendant the said sum of $10 fine and also costs and that execution issue for the same and Defendant remain in custody of the Sheriff until fine and costs are paid.
p 592.
William M. McDaniel Plaintiff
vs Civil Action
Samuel S. Vinton Defendant
Now at this day collies the Plaintiff by attorney and it appearing to the Court that the said Defendant had been personally served with notice more than 15 days before the first day of the present term of the Court and having failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $191.13 debt and also the sum of $71.69 debt. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt and damage and costs in this behalf laid out and expended and that he have an execution therefor with 10% interest on this judgment.
J.S. Moss
vs
J.S. Dokes
Now at this day it is ordered by the Court that a Change of Venue be awarded in this cause to the Circuit Court of Lawrence County because the Judge of this Court has been of Counsel in the cause and that the Clerk of the Court certify the same to said Court as the Law requires.
Ordered that Court adjourn.
JULY TERM July 11, 1864.
p 553.
Be it remembered that at a regular term of the Circuit Court of Greene County, Missouri, begun and held at the Court House in said County on the 11th day of July 1864 it being the 2nd Monday in said Month, there was present the Honorable John S. Waddill Judge of the 14th Judicial Circuit in the State of Missouri, James F. Hardin, Circuit Attorney for said Circuit, Martin J. Hubble Clerk of said Court and Thomas A. Reed Sheriff of said County when and where the following proceedings were had viz Now at this day comes the Sheriff and returns into Court the following venire to constitute a Grand Jury, viz. John L. McLeran who is by the Court appointed foreman (1) J.J. Bradley (2) Elisha White (3) F.W. Jennings (4) W.W. McDaniel (5) William Reynolds (6) Simon D. Bird (7) N.A. McCorkle (8) A.B. Matthews (10) John A. See (11) James Squibb (12) William G. Patterson (13) John S. Gott (14) II. Wallis (15) Thomas Rountree (16) R.W. Rudd (17) Richard C. Whitlock seventeen good and lawful men who being duly elected tried and sworn to well and truly enquire within and for the County of Greene and having taken the oath presented by the ordinance of the Convention retired then return to consider of their presentments.
17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 554.
Now at this day comes N.C. Chaffin who was required to appear and show cause why he should not be fined for contempt for failing to appear as a Juror at last term of this Court in case of Steel vs Steel and having shown to the satisfaction of the Court good cause for such failure is by the Court discharged from said contempt.
Motions:
W.A. Gibson vs John Lair and C.B. Holland -- motion to strike out Plaintiff's petition in this cause.
William M. Dugger vs J.F. Wilcox -- Defendant gives answer in this cause.
Richardson Miller and Company vs Japes A. Farmer --Now at this day comes the Defendant William B. Farmer and by leave of Court files demurer to the amended petition.
Bank of State of Missouri vs J.B. Love, James Rowan et al -- Defendant files answer.
Elizabeth Campbell admin vs James L. Jones, R.P. Faulkner et al -- Faulkner files answer.
James W. BOwen vs L.H. Ritchey -- Plaintiff files interrogations to garnishees.
p 555.
Motions:
James Vaughan vs L.F. Greene -- Defendant files demurer.
Benjamin S. Parks vs Calvin Vanet and J.S. Huddleston -- Defendants file separate answers.
Bank of State of Missouri vs John Lair and William Norfleet and Bedford W. Henslee Adms of G.P. Shackleford -- Defendants file demurers.
State of Missouri Plaintiff
vs Treason
Albert Moss Defendant
Now at this day comes the Defendant by attorney and exhibits a pardon by the Governor of the State of Missouri whereupon the Circuit Attorney says he will not further prosecute. It is therefore considered by the Court that the same be dismissed and that the Defendant be discharged and go hence without day.
State of Missouri Plaintiff
vs Treason
W.L. Chapman Defendant
Now at this day comes the Defendant by attorney and files a pardon by the Governor of the State of Missouri, therefore it is ordered by the Court that the same be dismissed and that the Defendant be discharged and go hence without day.
p 556.
C.L. Starke vs Henslee & Gaynor -- Motion to strike a part of Defendant's answer.
James Hughes vs Isaac R. Julian, William B Farmer, D.L. Fulbright -- Farmer files ans.
State of Missouri Plaintiff
vs Disturbing Peace of Family
Frank Smith Defendant
Now at this day comes the Circuit attorney who prosecutes and on his motion this cause is continued until the next term of this Court.
Bank of State of Missouri vs James G. Martin, H.H. Cunningham et al -- Cunningham files his answer.
Bank of State of Missouri vs J. Breedlove & Vinton & Hornbeak -- Vinton and Hornbeak file their answer.
18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 556.
Motions
J.S. Moss vs V.W. Kimble Now at this day comes H.H. Baker by attorney and by leave of Court files his motion as attaching creditor to be allowed to defend this action.
State of Missouri Plaintiff
vs Selling Goods Without License
Z. Sims Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until next term.
p 557.
State of Missouri Plaintiff
vs Grand Larceny
Thomas Jessup Defendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an Attachment issue for J. Chandler, a witness in this cause.
John Smith vs James Atkinson & B.F. Acock as garnishee -- Plaintiff files his interrogations.
L.C. Acock vs Benjamin Atkinson & Benjamin F. Acock as garnishees -- Plaintiff files his interrogations.
State of Missouri Plaintiff
vs Selling Liquor Without License.
James Burns Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute. It is therefore considered by the Court that the same be dismissed and that the State of Missouri have nothing by her suit and that the Defendant be discharged hereof and go hence without day.
James Hughes vs Isaac Julian, W.B. Farmer & D.L. Fulbright -- leave given Plaintiff to amend his original petition.
p 558.
Motions:
Elisha Headlee vs John Lair, T.G. Newbill & R.B. Owen
Massey and McAdams vs W.L. Carter
Beardslee vs H.F. Fellows
John Wood vs John Lair, C.A. Haden & Charles Sheppard
R.J. McElhaney vs John Lair
Joseph S. Moss vs John Lair
Henry Mallock vs William R. Ingram et al -- Plaintiff files interrogatory to William Massey as garnishee.
p. 559
R.J. McElhaney and Co vs L.A. Campbell & L.J. Campbell -- Plaintiff files interrogatory to T.J. Andrews as garnishee
State of Missouri Plaintiff
vs Gaming
James H. Fagg Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and of this puts himself on the Country whereupon comes a Jury vis Joseph Burden, N.M. Rountree, S.M. Bigbee, L.A.D. Crenshaw, Wilson Skeen, William Massey, B.G.W. Jones, James S. McQuerter, James Rowan, Charles W. Schuller, J.M. Kelly and L.E. Mason, twelve good and lawful men who being duly elected tried and sworn to well and
(continued)
19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY Term 1884
p 559 (continued)
try the issue formed having taken the oath prescribed by the ordinance of convention and having heard the testimony and the instructions of Court return to consider of their verdict and again return into Court the following verdict "We the Jury find the Defendant not guilty in manner and form charged in the Bill of Indictment." It is therefore considered and adjudged by the Court that the State take nothing by her Writ and that the Defendant be discharged hereof and go hence without day.
Ordered by the Court that Court adjourn untill tomorrow morning 8 o'clock.
John S. Waddill C J
p 560.
Tuesday July 12th 1864.
Court met pursuant to adjournment. Present as on yesterday.
Motions:
Layton Jones & Co vs Henry Fulbright -- Plaintiff files interrogations
Friebourg vs S. Fienkler -- motion filed for a commission to take deposition
John Carney & A. Blythe vs R. Carter & J.R. Williams et al -- Williams files demurer
J. Morton vs J.B. Sand, J. Rowan & T.G. Newbill -- Defendants file motion to quash
p 561.
Bank of Missouri vs A.D. Brown, B.H. Woodson & B.W. Henslee and W.S. Norfleet admins G.P. Shackleford -- Henslee and Norfleet file answer.
State of Missouri Plaintiff
vs Keeping Gambling Device #2.
Thomas C. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and of this he puts himself on the Country whereupon comes a Jury vis W.H. Pipkin, W.H. Burden, T.J. Ruffin, J.W. Peacher, J.H. Doran, B.W. Henslee, Rolla Carter and Thomas Fay, eight good and lawful men who being duly elected tried and sworn to try the issue formed (the counsel and the Defendant having agreed to try the cause by said eight Jurors) and having also taken the oath prescribed by the Convention having heard the testimony and instructions of the Court returned into Court the following verdict vis "We the Jury find the Defendant guilty as charged in the Indictment and assess a punishment for the commission of the offense a fine of $20 and imprisonment in the County Jail for five minutes." It is therefore considered and adjudged by the Court that the State recover of and from Defendant her said fine and costs that the Defendant remain in custody until the same is paid and that the said Defendant be imprisoned in the County Jail for a period of five minutes and remain in custody until fine and costs are paid.
p 562.
State of Missouri Plaintiff
vs Selling Liquor Without License
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and of this he puts himself on the Country and the Circuit Attorney doth the like whereupon came a Jury, vis William Mitchell, Charley Scholtin, F.M. Walston, J.H. Kittner, W. Killingsworth, _.R. Thompson, Good and lawful men (who by agreement of the parties try the cause) being tried and sworn to try the issue found and taken the oath prescribed by ordinance, having heard the testimony and heard the instructions of the Court return the following verdict viz "We the Jury find the Defendant guilty as charged in the Bill of Indictment and assess his fine at $20." It is therefore considered and adjudged by the Court that the State have and recover of and from Defendant her
(continued)
20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 562 (continued)
said fine and costs that the State have execution thereof and Defendant remain in custody until same are fully paid.
p 563.
Thomas J. Bailey
vs Emancipation Deed
Phebe (a slave)
Now at this day comes into open Court Thomas J. Bailey who is known to the Court to be the person whose name is subscribed by an instrument of writing a Deed of Emancipation to "Phebe" a colored girl and slave and the said T.J. Bailey acknowledged that he executed the same for the uses and purposes therein expressed.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is not guilty as charged in the argument the cause is submitted to the Court sitting as a Jury and the Court having heard the evidence adduced and being fully advised of and concerning the premises doth find that the Defendant is not guilty in manner and form as charged. It is therefore considered by the Court that the State take nothing by her Writ that the Defendant be discharged hereof and go hence without day.
Bank of Missouri Plaintiff
vs Civil Action
W.H. Jopes et al Defendant
Now at this day comes W.H. Jopes Defendants by attorney and by leave of Court the time of pleading in this cause is extended until Thursday, next.
Bank of Missouri Plaintiff
vs Civil Action
_______Feaster et al Defendant
Now at this day comes Layton Defendant by attorney and by leave of Court the time of pleading in this cause is extended until Thursday, next.
Robert Edmonson Plaintiff
vs Civil Action
Benjamin Hite Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his answer in this cause.
p 564.
State of Missouri Plaintiff
vs Keeping Gaming House
J.A. Page Defendant
Now at this day comes the Defendant and for a plea says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a punishment on the Defendant for the commission of the offense a fine of $20. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant the sum of $20 and costs and that she have execution thereof and Defendant remain in custody of the Sheriff of Greene County until fine and costs are paid.
21
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 564.
State of Missouri Plaintiff
vs Contempt
J. Ragsdale Defendant
Now at this day said Defendant having been duly summoned by the Sheriff as a Juror and having failed to answer when called it is ordered by the Court that said Defendant be fined $5 for contempt of Court in refusing to obey said summons and that a rule issue requiring the Defendant to appear and show cause why execution should not issue for the same.
State of Missouri Plaintiff
vs Contempt
John McElhaney Defendant
Now at this day said Defendant having been duly summoned by the Sheriff as a Juror and having failed to answer when called it is ordered by the Court that said Defendant be fined $5 for contrmpt of Court in refusing to obey said summons and that a rule issue requiring the Defendant to appear and show cause why execution should not issue for the same.
State of Missouri to the use of
E. Headlee of N. Boone Deceased Plaintiff
vs Civil Action
B.W. Henslee, W.S. Norfleet admins of
Estate of G.P. Shackleford and
James Boone, W.C. Price, B.H. Boone
and John Lair Defendants
Now at this day comes the parties by attorney and for cause shown the interlocutory judgment rendered in this cause is set aside as to said administrators of G.P. Shackleford and they by leave of Court file their answer in this cause.
p 565.
Ordered by the Court adjourn until tomorrow morning 8 o'clock.
Wednesday July 13th 1864
Court met pursuant to adjournment. Present as on yesterday.
Motions:
T.J. Morton vs A.B. Matthews et al
Bank of Missouri vs S.C. Martin, H. Cunningham
McClurg Murphy vs J.S. Moss & E.D. Campbell admin, L.C. Campbell
McClurg Murphy vs J.S. Moss et al
J.W. Boren vs L.M. Ritchey
p 566
Motions:
John Smith vs James Atkison
L.C. Acock vs James Atkison
J.T. Campbell vs L.A. Campbell, R.J. McElhaney
James Carman vs George Beal -- cause dismissed.
p 567.
State of Missouri Plaintiff
vs Selling Liquor Without License #s 1 thru 12
William H. Worrell Defendant
Now at this day comes the parties by attorney and it is ordered that the time to file answers in the above causes be extended until the motion to set aside the forfeiture of recognizance be determined.
22
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 567.
State of Missouri Plaintiff
vs Keeping Billiard Table Without License
A.J. Kirkpatrick & J.A. Page Defendants
Now at this day comes the Circuit Attorney and also the Defendants who for a plea says they are not guilty and of this put themselves on the Country whereupon comes a Jury vis L.M. Bigbee, B. Fulden, J.T. Keet, J. Wagner, J.S. Holland, James Adams, J.M. Kelly, F.S. Jones, R.L. Anderson, James McCluer, H.J. Cain, J.J. Wintersteen, twelve good and lawful men who being duly elected tried and sworn to try the issue formed and taken the oath prescribed by the ordinance having heard the evidence return into Court the following verdict vis We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment. It is therefore considered and adjudged by the Court that the State take nothing by her said suit that the Defendant be discharged hereof and go hence without day.
Ordered by the Court that Charles E. Moss be permitted to sign the Roll of Attorneys as a member of the bar on taking the oath prescribed by the ordinance of Convention.
p 568.
State of Missouri Plaintiff
vs Selling Liquor Without License
Qualls Banfield Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is guilty in manner and form as charged in the Bill of Indictment whereupon the Court doth assess a fine of $20 on the Defendant for the commission of the offense. It is therefore considered by the Court that the State have and recover of and from the Defendant the sum of $20 debt and also costs in this behalf and that execution issue for the same and the Defendant placed into the custody of the Sheriff of Greene County until fine and costs are fully paid.
p 569.
State of Missouri Plaintiff
vs Felonious Assault
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty as charged in the Indictment and of this he puts himself on the Country and the Circuit Attorney doth the like whereupon comes the Jury vis William Edwards, Jonathan Roth, J.D. Gardner, A.A. Gardner, N. Massey, William Massey, Joel Phillips, J.H. Doran, N. Phillips, N.M. Rountree, Townly Rose, J. McElhaney, twelve good and lawful men who being elected, tried and sworn to well and truly try the issue found herein also taken the oath prescribed by the ordinance of Convention and having heard the evidence and heard the instructions of Court are by the Court placed in charge of the Sheriff until tomorrow morning 8 o'clock.
p 570.
State of Missouri Plaintiff
vs For Contempt
Lemuel Painter Defendant
Now at this day comes Lemuel Painter who was attached for failing to appear in Court in obedience to a subpoena from said Court and it is ordered that he be fined the costs of said attachment and be released from the custody of the Sheriff on payment of same.
23
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 570.
State of Missouri Plaintiff
vs For Contempt
James H. Fagg Defendant
Now at this day comes James H. Fagg who was attached for failing to appear in Court in obedience to a subpoena from said Court and it is ordered that he be fined the costs of said attachment and be released from the custody of the Sheriff on payment of same.
State of Missouri Plaintiff
vs Disturbing Public Worship
D.P. Coble Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute this suit. It is therefore considered by the Court that the State take nothing by her suit that the same be dismissed and that the Defendant be discharged hereof and go hence without day.
p 570/571.
State of Missouri Plaintiff
vs Selling Goods Without License
J.L. Holland and A.F. Bigbee Defendants
Now at this day comes the Circuit Attorney and also the Defendants who say they are guilty as charged whereupon the Court doth assess a fine of $50 on the said Defendants 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 Defendants the said sum of $50 and also her costs and that she have an execution therefor and that the Defendant be ordered in custody of the Sheriff of Greene County until fine and costs are fully paid.
p 571.
State of Missouri Plaintiff
vs Selling Goods Without License
A.F. Bigbee & J.L. Holland Defendants
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute. It is therefore considered by the Court that the State take nothing by her said suit that the same be dismissed and that the Defendants be discharged hereof and go hence without day.
p 571/572.
State of Missouri Plaintiff
vs Grand Larceny
William A. Nelson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the said William A. Nelson being thrice solemnly called comes not but herein makes default and it appearing that William Hudgings had entered into recognizance in the sum of $1000 on the 21st day of June 1862 to be void on condition that the said William A. Nelson should be and appear before the Judge of the Greene Circuit Court at a Court to be begun and held at the Court House in Springfield, Missouri, on the first Monday in August 1862 and answer to a Bill of Indictment preferred against him by the Grand Jury of Greene County and not depart said Court without leave then to be void said recognizance approved by the Honorable .C. Lindenbower Judge of the Probate and Common Pleas Court of Greene County on the 21st June 1862 and the said William Hudgings being also thrice solemnly called and required to bring into Court the body of said William A. Nelson in obedience to his said recognizance also makes default whereupon it is considered and adjudged by the Court that said recognizance be forfeited unto the State of Missouri. It is therefore ordered that a sciri facias issue to the said William A. Nelson and
(continued)
24
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 571/572 (cont)
William Hudgings requiring them to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence on the first Monday in January 1865 and show cause if any they have why the State of Missouri should not have judgment for the said sum of $1000 and costs and have execution therefor.
Ordered by the Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J
p 572. July 14th 1864.
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Felonious Assault
Thomas J. Andrews Defendant
Now at this day again comes the Jury impannelled in this cause and returns into Court the following verdict viz We the Jury find the Defendant not guilty as charged in the Bill of Indictment. It is therefore considered and adjudged by the Court that the State take nothing by her Writ and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Keeping a Gambling Device
Thomas J. Andrews Defendant
Now at this day not the Defendant by attorney and by leave of Court files his motion for a new trial in this cause.
State of Missouri Plaintiff
vs Gaming
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty whereupon the Court doth fine the Defendant $10 for commission of the offense. It is therefore considered and adjudged by the Court that the State have and recover of and from the Defendant the sum of $10 and costs that she have execution therefor and that the Sheriff of Greene County keep the Defendant in custody until same be paid.
p 573
State of Missouri Plaintiff
vs Grand Larceny
Frank Black Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant in person and by attorney who after hearing the Bill of Indictment read for a plea said he is not guilty and of this puts himself on the Country and the Circuit Attorney doth the like whereupon comes a Jury, vis M.H. Boren, S.M. Gresham, J.H.Pain Sr, J.S. Carson, C.C. Moss, I. Wagner, W.H. Layman, I. Hirsh, Elisha Painter, J.W. Mcquerter, J.S. Gardner and Thomas Fay, twelve good and lawful men who being duly elected tried and sworn to try the issue formed and taken and subscribed the oath prescribed by ordinance having heard the evidence and received the instructions of Court return into Court the following Verdict "We the Jury find the Defendant guilty in manner and form charged in the Bill of Indictment and assess his punishment at 5 years imprisonment in the penitentiary." It is therefore considered and adjudged by the Court that the said Frank Black be imprisoned in the penitentiary of the State of Missouri for the period of 5 years and that the State of Missouri have and recover of and from Defendant her costs laid out and expended and that she have execution therefor and that the said Defendantbe remanded into the County Jail of Greene County until the further orders of this Court.
25
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 573.
Now at this day comes the Grand Jury who by their foreman J.J. McCraw in their presence return into Court seventeen true bills of Indictment which is by the Court ordered to be filed and capiases to issue thereon returnable instanter.
p 574.
Charles A. Haden Plaintiff
vs Civil Action
John W. Hancock Defendant
Now at this day comes the Plaintiff by attorney and the said Defendant neither pleading answering or demurring to Plaintiff's petition and it appearing to the satisfaction of the Court that said Defendant had been duly notified of the commencement of this suit by publication in the Springfield Journal a weekly newspaper printed and published in this State for four successive weeks the last insertion at least four weeks before the present term of this Court. The Court from evidence adduced doth consider that the Plaintiff have judgment by default but it not appearing what amount Plaintiff is entitled to recover it is ordered that inquiry be had at the next term of this Court to ascertain what amount Plaintiff is entitled to recover to which of this Court the cause is continued.
State of Missouri Plaintiff
vs Gaming
Eli Armstrong Defendant
Now at thisday comes the Circuit Attorney and also the Defendant who for a plea says he is guilty as charged whereupon the Court doth fine the Defendant the sum of $10 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 the Defendant the said sum of $10 and also costs and that she have execution therefor and that the Defendant be remanded into the custody of the Sheriff until fine and costs are fully paid,
p 574/575.
State of Missouri Plaintiff
vs Selling Liquor Without License
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guiltyas charged whereupon the Court doth assess a fine of $20 on said Defendant 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 the Defendant the said sum of $20 and also costs that she have execution therefor and that the Defendant be remanded into the custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Grand Larceny
Charles H. Bailey Defendant
Now at this day comes the Defendant and files his petition and affidavit for a change of venue in this cause on account of the prejudice in the minds of the people of Greene County against him whereupon the Court doth award a change of venue to the Circuit Court of Webster County and that the Clerk of this Court certify said cause as the law directs.
State of Missouri Plaintiff
vs Grand Larceny
Charles H. Bailey Defendant
Now at this day comes Charles H. Bailey, Joseph Burden and Presley G. Beal who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum
(continued)
26
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 575 (cont).
of $500 to be levied of their goods and chattels lands and tenements to be void on condition that the said Charles H. Bailey who has been Indicted by the Grand Jury of Greene County for Grand Larceny shall be and make his personal appearance before the Judge of the Circuit Court of Webster County at the Court House in Marshfield on the first day of the next term thereof which commences on the third Monday after the fourth Monday in August 1864 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Grand Larceny
Charles H. Bailey Defendant
Now at this day comes the Defendant by attorney and files his petition and affidavit praying for a change of venue to some other County on account of the prejudice in the minds of the inhabitants of this County against him whereupon the Court doth award a change of venue to the Circuit Court of Webster County and that the Clerk of this Court certify said cause as the Law directs.
p 576.
State of Missouri Plaintiff
vs Grand Larceny
Charles H. Bailey Defendant
Now at this day comes Charles H. Bailey, Joseph Burden and Presley G. Beal who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels lands and tenements to be void on condition that the said Charles H. Bailey who has been indicted by the Grand Jury of Greene County for Grand Larceny shall be and make his personal appearance before the Judge of the Circuit Court of Webster County at the Court House in Marshfield on the first day of the next term thereof which commences on the third Monday after the fourth Monday in August 1864 and answer said indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Forfeiture Recognizance
Joseph Oneal Defendant
Now at this day comes the Defendant and by leave of Court files his motion to set aside recognizance and also affidavit of Defendant.
Ordered that Court adjourn until tomorrow 8 o'clock. John S. Waddill C J
p 577. Friday July 15th 1864.
Present as on yesterday.
James Vaughan Plaintiff
vs Civil Action
Joseph Gott Defendant
Now at this day comes the Defendant by attorney and the time of answering in this cause is extended until Wednesday morning next.
State of Missouri Plaintiff
vs Selling Liquor Without License
L.A.D. Crenshaw & J.L. Carson Defendants
Now at this day comes the Defendants by attorney and by leave of Court files their motion to quash the Indictment in this cause.
27
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 577.
J.S. Moss Plaintiff
vs Civil Action
V.W. Kimbal Defendant
Now at this day the motion heretofore filed by H.H. Baker asking him to be made a party Defendant in this cause coming on to be heard and the Court being fully advised said motion is by the Court sustained and said H.H. Baker is made a party Defendant in this cause and leave given him to plead in for or avoidance of the Mortgage Deed or Debt.
State of Missouri Plaintiff
vs Selling Liquor Without License #4.
Thomas J. Andrews Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion for a new trial in this cause.
p 578.
State of Missouri Plaintiff
vs Selling Goods Without License #1.
O.C. Kraft Defendant
Now at this day comes the Defendant O.C. Kraft as principal and J.H. Shaw as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels lands and tenements to be void on the condition that the said O.C. Kraft who has been by the Grand Jury of Greene County indicted for Selling Goods Without License shall be and make his appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term thereof which commences on the first Monday in January 1865 and plead or answer to said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Goods Without License #2.
O.C. Kraft Defendant
Now at this day comes the Defendant O.C. Kraft as principal and J.H. Shaw as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels lands and tenements to be void on the condition that the said O.C. Kraft who has been by the Grand Jury of Greene County indicted for Selling Goods Without License shall be and make his appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term thereof which commences on the first Monday in January 1865 and plead or answer to said Indictment and not depart said Court without leave.
p 578/579.
State of Missouri Plaintiff
vs Selling Goods Without License #4.
O.C. Kraft Defendant
Now at this day comes O.C. Kraft as principal and J.H. Shaw as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be void on condition that the O.C. Kraft shall be and make his appearance before the Judge of the Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term hereof which commences on the first Monday in January 1865 and answer said indictment and not depart said Court without leave.
28
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 579.
State of Missouri Plaintiff
vs Gaming
Samuel Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and of this puts himself on the Country and the Circuit Attorney doth the like whereupon comes a Jury viz D. Clayman, A.M. Appleby, L.W. Patterson, J.M. Kelly, J.A. Kittner, G.W. Jamison, J.J. Winterstein, H.J. Cain, B. Bussell, J. Painter, D.B. Ramy, and F.W. Scholton, twelve good and lawful men who being duly elected tried and sworn and taken the oath prescribed by ordinance having heard the evidence and received the instructions of the Court returned into Court the following verdict vis We the Jury find the Defendant not guilty signed D. Clayman foreman. It is therefore considered and adjudged by the Court that the State take nothing by her said Writ and that Defendant go hence without day and fee bill issue in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without License
A. Fisher Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty as charged whereupon the Court doth fine the Defendant the sum of $20 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 the Defendant the said sum of $20 and also costs, that she have an execution therefor and the Defendant be remanded into custody of the Sheriff until fine and costs are paid.
p 579/580.
State of Missouri Plaintiff
vs Selling Liquor Without Bond or Oath #1
James Burns Defendant
Now at this day comes James Burns as principal and James Vaughn as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their respective goods and chattels lands and tenements to be void on condition that whereas the said James Burns stands indebted the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which will commence on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
p 580.
State of Missouri Plaintiff
vs Selling Liquor Without Bond or Oath #2
James Burns Defendant
Now at this day comes James Burns as principal and James Vaughn as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their respective goods and chattels lands and tenements to be void on condition that whereas the said James Burns stands indebted to the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which will commence on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without Bond or Oath #3
James Burns Defendant
Now at this day comes James Burns as principal and James Vaughn as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to
(continued)
29
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book F
JULY TERM 1864
p 580 (continued)
be bond of their respective goods and chattels lands and tenements to be void on condition that whereas the said James Burns stands indebted to the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court `louse in Springfield on the first day of the next term thereof which will commence on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
p 581.
State of Missouri Plaintiff
vs Selling Liquor Without Bond or Oath #4
James Burns Defendant
Now at this day comes James Burns as principal and James Vaughn as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their respective goods and chattels lands and tenements to be void on condition that whereas the said James Burns stands indebted to the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which will commence on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
William H. Worrell Defendant
Now at this day comes William . Worrell as principal and P.M. Jauard as security who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels lands and tenements to be void on condition that the said William H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor on Sunday shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will
commence at the Court House in Springfield, Missouri, on the first Monday in January 1865 and plead answer or demur to said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
William H. Worrell Defendant
Now at this day comes W.H. Worrell as principal and P.M. Jauard as security who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels lands and tenements to be void on condition that the said W.H. Worrell who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Springfield, Missouri, on the first Monday in January 1865 and plead answer or demur to said Indictment and not depart said Court without leave.
p 582.
State of Missouri Plaintiff
vs Selling Liquor Without License #1.
William H. Worrell Defendant
Now at this day comes William H. Worrell as principal and P.M. Jauard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond of the goods and chattels lands and tenements to be void on condition that the said Wm. H. Worrell shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of the said Court which
(continued)
30
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK F
JULY TERM 1864
p 582 (cont).
commences at the Court House in Springfield, Missouri, on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without License #2
William H. Worrell Defendant
Now at this day comes William H. Worrell as principal and P.M. Jauard as security who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond of the goods and chattels lands and tenements to be void on condition that the said Wm. H. Worrell shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of the said Court which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Selling Liquor Without License #3.
William H. Worrell Defendant
Now at this day comes William H. Worrell as principal and P.M. Jauard as security who acknowledged theniselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond of the goods and chattels lands and tenements to be void on condition that the said Wm. H. Worrell shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of the said Court whichcommences at the Court House in Springfield Missouri on the first Monday in January 1865 ,and answer said Indictment and not depart said Court without leave.
p 583.
State of Missouri laintiff
vs Selling Liquor Without License #4.
William N. Worrell Defendant
Now at this day comes William H. Worrell as principal and P.M. Jauard as security who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond of the goods and chattels lands and tenements to be void on condition that the said Wm. H. Worrell shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term of the said Court which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Grand Larceny
Frank Black Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion for a new trial in this cause.
p 584.
State of Missouri Plaintiff
vs Selling Goods Without License #1
William H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and P.M. Jauard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels lands and tenements to be void on condition that the said WM. H. Worrell who stands indicted in the Greene Circuit Court for Selling Goods Without License shall 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 January 1865 and answer to said Indictment and not depart said Court without leave.
31
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