Springfield-Greene
County LibraryRegular July Term A.D. 1865
Book G
p 207.
MONDAY JULY 10th 1865.
Be it remembered that at the regular July Term of the Greene Circuit Court begun and holden at the Court House in the Town of Springfield, Greene County, Missouri, on the 10th day of July 1865 there was present:
The Hon. S.H. Boyd, Judge of the 14th Judicial Circuit,
Robert W. Fyan, Circuit Attorney for said Circuit,
Robert A.C. Mack, Clerk of said Court,
John A. Patterson, Sheriff of Greene County
When and where the following proceedings were had viz:
Under the duration of the Court the Clerk apportioned the Grand Jurors among the several Townships as follows:
Campbell Township - three
Robberson Township - two
Cass Township - two
Jackson Township - two
Taylor Township - two
Clay Township - one
Wilson Township - one
Fond Creek Twp - one
Center Township one
Boone Township - one
And from the Pannell of Jurors summoned and returned the Sheriff the following Grand Jurors were drawn viz H.L. Trantham, who was by the Court appointed foreman, William T. Ward, Martin Ingram, J.P. Culbertson, H.C.Wilkinson, F.A. Jennings, Asa Lyman, N.A. McCorkle, J.R. Ray, W.F. Dysart, W.D. Sparkman, J.J. Appleby, S.H. Penn Sr., James Squibb, J.H. Gooden & J.H. Kelly, sixteen good and lawful men who being duly elected and sworn in accordance with the provisions of the convention and the statute prescribed the oath of Grand Jurors and having received the charge of the Court returned to consider of their presentments. Now at this day comes John S. Waddill, D.C. Dade, J.W.D.L.F. Mack, J.R. Cox, J.R. Waddill, A.M. Julian, J.H. Crighton, John A. Mack, H.J. Lindenbower and R.W. Fyan and shows to the satisfaction of the Court that they have taken, subscribed and filed the "Oath of Loyalty" prescribed by the Constitution of the State of Missouri as Attorneys at Law.
State of Missouri Plaintiff
vs Felonious Assault
Calvin B. Henslee Defendant
Now at this day comes the Circuit Attorney and also Defendant and by consent of parties this cause is continued until Monday, next.
p 208.
State of Missouri Plaintiff
vs Disturbing Peace of Family
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney and also Defendant and by consent of parties this cause is continued until Monday, next.
State of Missouri Plaintiff
vs Disturbing Peace
William Harlow & John Harlow Defendants
Now at this day comes the Circuit Attorney who prosecutes and also the Defendants and William P. Dysart as security who acknowledge themselves to owe and stand 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 William Harlow & John Harlow who stand indebted to the Greene Circuit Court on the Charge of Disturbing the Peace of a Family shall be and make his personal appearance before the present term of Court from day to day and not depart the same without leave.
57
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 208
State of Missouri Plaintiff
vs Gaming on Sunday
Frank Studer & Monroe Hawkins Defendants
Now at this day comes the Circuit Attorney who prosecutes and on his application this cause is continued until the next term of this Court. It appearing to the Court that R.J. McElhaney, James Edwards and D.D, Nicholson had been duly summoned by the Sheriff as Jurors and having failed to obey said summons, it is ordered by the Court that said R.J. McElhaney, James Edwards and D.D. Nicholson be fined the sum of ten dollars each for contempt of Court in said failing and that a rule issue requiring them to appear before the next term of this Court and show cause if any they have why execution should not issue against them for the same.
p 209.
Now at this day conies Joseph Cravins and files his petition asking to be relieved by this Court from the operations of constitution of the State under the provisions of Section 23 Article 2nd and it is ordered by the Court the same be set for a hearing on Saturday next 15th July.
Ordered that A.H. Irby for cause shown be excused from further attendance as a Juror.
State of Missouri Plaintiff
vs Homicide
Jacob Hicks Defendant
Now at this day comes the Circuit Attorney who prosecutes and by leave of Court this cause is continued and it is ordered that a fee bill issue for cost.
State of Missouri Plaintiff
vs Selling Goods Without License
Z. Sims Defendant
Now at this day comes the Circuit Attorney and this cause is continued until the next term of this Court and ordered that attachment issue against J.J, Brown and Josiah Russell.
p 210.
State of Missouri Plaintiff
vs Grand Larceny
Joshua Creson Defendant
Now at this day comes the Circuit Attorney and it is ordered that the Defendant be brought into Court which is accordingly done. Ordered that said Defendant be remanded back to Jail until further ordered by Court,
State of Missouri, to use
of B.S.S. Ingram
vs Civil Action
B.W. Cannefax et al
Now at this day comes the parties by their respective attorneys and by agreement of parties and leave of Court this cause is continued until the next term of Court with leave to plead on the first day of next term.
State of Missouri, to use
of S.S.P. Ingram
vs Civil Action
B.W. Cannefax et al
Now at this day conies the parties by their respective attorneys and by agreement of parties and leave of Court this cause is continued until the next term of Court with leave to plead on the first day of next term.
58
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
p 210
State of Missouri, to use
of W.A. Peacher
vs Civil Action
B,W, Cannefax et al
Now at this day comes the parties by their respective attorneys and by agreement of parties and leave of Court this cause is continued until the next term of Court with leave to plead on the first day of next term,
p 211.
State of Missouri Plaintiff
vs Grand Larceny
J.Wells Defendant
Now at this day comes the Circuit Attorney, R.W. Fyan who prosecutes and also the Defendant in person and by attorney, T.A. Sherwood and H.C. Young in compliance with the terms of his recognizance.
State of Missouri Plaintiff
vs Disturbing the Peace
B.F. Dennis 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 assess a fine of fifteen dollars on said Defendant for the commission of the offense. And it is considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of fifteen dollars and also her costs laid out and expended and that she have an execution therefor and that the Defendant remain and be in the custody of the Sheriff of Greene County until said fine and costs are fully paid.
State of Missouri Plaintiff
vs Selling Goods Without License
Frederick Scholten &Rountree Defendants
Now at this day comes the Circuit Attorney who prosecutes and also the Defendants who for a plea say they are guilty as charged in the Indictment whereupon the Court doth assess a fine of fifty dollars against said Defendants for the commission of the offense. And it is therefore ordered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of fifty dollars and also costs laid out and expended and that she have execution therefor and that the Defendants remain and be in the custody of the Sheriff of Greene County until said fine and costs are fully paid.
p 212.
James S. McQuerter Plaintiff
vs Civil Action
J.P. Bebe Defendant
Now at this day comes the Plaintiff by A.W. Julian, his attorney, and by leave of Court says he will dismiss this cause. It is therefore considered by the Court that the same be dismissed and that Defendant have and recover of and from Plaintiff his costs and that he have execution for the same, and that Plaintiff have leave to withdraw instrument sued on by leaving a copy.
State of Missouri Plaintiff
vs Selling Goods Without License
Roland Bennett Defendant
Now at this day comes the Defendant by his attorney, H. Lindenbower, and by leave of Court files motion to quash the Indictment in this cause.
59
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 212.
State of Missouri Plaintiff
vs Grand Larceny
C.C. Tribbe Defendant
Now at this day comes the Circuit Attorney who prosecutes and (the Defendant being in the Military Service of the United States) says that he will, by leave of Court, continue this cause until the next term of this Court.
State of Missouri Plaintiff
vs Grand Larceny
Charles Williams Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this suit. It is therefore considered and adjudged by the Court that the same be dismissed and that the State take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 213.
John M. NcElhannon Plaintiff
vs Civil Action by Confession.
Joseph Lester Defendant
Now at this day comes the Plaintiff by his attorney John S. Thelps and by leave of Court files the petition of Plaintiff and the affidavit of Defendant setting forth that he is justly indebted to Plaintiff in the sum of $890 debt and $495.45 damage and confesses judgment in favor of said Plaintiff for the same. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of $890 debt and $495.45 damage with his costs that execution issue thereon and that this judgment bear l0% interest.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
Anthony Fisher Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to quash the Bill of Indictment in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without Oath and Bond
Joseph L. Hayes and D.O. Gorman Defendants
Now at this day comes the Defendants by their attorney and by leave of Court files their motion to quash the Bill of Indictment in this cause.
p 214. July 10th 1865
State of Missouri Plaintiff
vs Grand Larceny
Nathan Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State, said Nathan Andrews being three times solemnly called comes not but herein makes default. And it appearing to the Court that the said Nathan Andrews did, on the 11th day of November 1864, enter into recognizance with George W. Andrews, as his security, in the sum of $1000 to be void on condition that the said Nathan Andrews, who was indicted in the Greene Circuit Court for Grand Larceny should make his personal appearance before the Judge of the Greene Circuit Court on the first day of said Court which commenced at the Court House in Springfield on the first Monday in January 1865 and answer said Indictment and not depart said Court without leave and the said George W. Andrews being also three times solemnly called and bring with him the body of said
(continued)
60
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 214 (cont)
Nathan Andrews in compliance with the condition of said recognizance also makes default and comes not. It is therefore considered by the Court the said recognizance be forfeited to the State of Missouri and that a scire facias issue to the said Nathan Andrews and George W. Andrews requiring them to appear before the Judge of our Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which commences on the first Monday in January 1866 and show cause if any they have why the said forfeited recognizance should not be adjudged absolutely forfeited and Judgment against them for the said sum of $1000 and costs in favor of the State of Missouri.
p 214/215.
State of Missouri Plaintiff
vs Grand Larceny #1.
John Daniel Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant John Daniel and H.W. Westmoreland and F.M. Chappin as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be void on condition that the said John Daniel who stands indicted in the Greene Circuit Court on Grand Larceny shall be and make his personal appearance at the present term of said Court from day to day to answer said Bill of Indictment and not depart said Court without leave.
p 215.
State of Missouri Plaintiff
vs Grand Larceny #2.
John Daniel Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant John Daniel and H.W. Westmoreland and F.M. Chappin as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be void on condition that the said John Daniel who stands indicted in the Greene Circuit Court on Grand Larceny shall be and make his personal appearance at the present term of said Court from day to day to answer said Bill of Indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Grand Larceny #3.
John Daniel Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant John Daniel and H.W. Westmoreland and F.M. Chappin as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be void on condition that the said John Daniel who stands indicted in the Greene Circuit Court on Grand Larceny shall be and make his personal appearance at the present term of said Court from day to day to answer said Bill of Indictment and not depart said Court without leave.
Ordered that Court Adjourn until tomorrow morning 9 o'clock.
S.H. Boyd Cir Judge
p 216. July 11th 1865
Court met pursuant to adjournment. Present as on yesterday.
Elihu Messick Plaintiff
vs Civil Action
R.P. Faulkner and A.M. Julian Defendants
Now at this day comes the Defendants and by leave of Court files their demurrer in this cause.
61
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 216.
State of Missouri Plaintiff
vs Grand larceny
C.C. Tribbe & Charles Williams Defendants
Now at this day comes the Circuit Attorney and on his motion it is ordered that an alias capias issue in this cause to Pulaski County and that an alias scire facias issue to Defendant and his securities to the County aforesaid to the next term of this Court.
State of Missouri Plaintiff
vs On Recognizance to Keep the Peace
Ellen Childers Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and the Court orders that said Ellen Childers be discharged from the penalty of said recognizance and go hence without day and that the said prosecutrix Rebecca Payne be adjudged for the same.
State of Missouri Plaintiff
vs Auctioneering Without License
Oliver H. Scott Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his demurrer to the Bill of Indictment in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his demurrer to the Bill of Indictment in this cause.
p 217.
State of Missouri Plaintiff
vs Selling Goods Without License
(O.C. ?) Kraft Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.
State of Missouri Plaintiff
vs On Forfeiture Recognizance
Frank Smith & John L. Davis Defendants
Now at this day comes the Circuit Attorney who prosecutes in this behalf and it appearing to the Court that said Defendants had been duly served with notice on scire facias as the Law requires on forfeited recognizance for the sum of one hundred dollars and the said Frank Smith and John L. Davis having failed to show cause why said forfeiture should not be made final and absolute. It is ordered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendants, Frank Smith and John L. Davis the said sum of one hundred dollars and also her costs in this behalf laid out and expended and that an execution issue therefor.
State of Missouri Plaintiff
vs Selling Goods Without License
S. Lopes Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and it
(continued)
62
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 217 (cont)
appearing to the Judge of this Court had been of Counsel in this cause. It is ordered that a Change of Venue be awarded in this cause to the Dallas Circuit Court in the Seventh Judicial Circuit and that the Clerk of this Court certify this cause to said Court as the Law directs.
State of Missouri Plaintiff
vs Selling Liquor Without License
James S. Hayes Defendant
Now at this day comes the Defendant by J.R. Waddell his attorney and by leave of Court files a motion ;t,o quash the Indictment in this cause.
In consequence of H.L. Trantham foreman of the Grand Jury it is ordered that William L. Ward be appointed foreman until the attendance of said Trantham and that he be sworn accordingly.
p 218. July 11th 1865.
State of Missouri Plaintiff
vs Gaming
Mike Greaber Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and having announced themselves ready for trial thereupon came a Jury viz A.B. Matthews, A.C.C. McElhannon, William Wallace, D.D. Nicholson, N.C. Chaffin, W.J. West, Eli Spoon, William McDaniel, H.R. Jarratt, J.K. Alsup, Jacob Longcrier and R.B. Mack, twelve good and lawful men who having taken and subscribed the oath of loyalty prescribed by the Constitution and sworn to try the issue found, having heard the evidence and instructions of Court return into Court the following verdict viz "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at $10." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant her said fine of $10 and costs and that she have execution therefor, and that the Defendant remain in custody of the Sheriff of Greene County until fine and costs are fully paid.
Now at this day comes James Baker and shows to the Court that he had filed his oath of loyalty as required by the Consititution as an ally at conf.
p 219.
State of Missouri Plaintiff
vs Felonious Assault
Frederick Lopher Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of the Court he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.
p 219.
State of Missouri Plaintiff
vs Robbery
Robert S. Nelson Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Robert S. Nelson as principal and P.A. Bensly and Zachariah Sims as security who acknowledge themselves to owe and stand 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
(cont)
63
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 219 (cont)
Robert S. Nelson who stands indicted in the Greene Circuit Court for Robbery shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in January next and answer said Bill of Indictment and abide the orders of and not depart said Court without leave.
p 220.
Bank of Missouri Plaintiff
vs Civil Action by Confession
Henderson Jones Defendant
Now at this day comes the said Plaintiff by her attorney, D.C. Dade, and files her petition and also the Defendant in person who files his affidavit setting forth that the petition of Plaintiff istrue and confesses judgment in favor of said Plaintiff in the sum of $1026.66.It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from Defendant her said debt of $1026.66 and also her costs in this behalf and that she have execution therefor.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says by leave of Court he will not further prosecute this suit but will suffer the same to be dismissed, that the State of Missouri take nothing by her suit that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
R.Q. Banfield 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.Thereupon the Court doth assess a fine of $50 against 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 her said fine of $50 and costs of suit, that execution issue thereon, and Defendant remain in custody of Sheriff until fine and costs are fully paid.
p 221.
State of Missouri Plaintiff
vs Grand Larceny
J. Wills Defendant
Now at this day for good cause to the Court here shown it is by the Court considered and ordered that J. Wills be discharged from further appearing or answering in obedience to the terms of a certain recognizance dated May the 31st 1865 entered into the State of Missouri for the sum of $1000 by the said J. Wills together with J.M. Donnell and J.W. Owen as his securities and that said J. Will be discharged from said recognizance and go hence without day and have and recover his costs in this behalf.
Ordered that Court adjourn until tomorrow 8 o'clock.
S.H. Boyd Circuit Judge.
64
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 222. 12 July 1865
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Robbery
Daniel Mason & J. Wills Defendants
Now at this day comes the Circuit Attorney who prosecutes and on his motion it is ordered that alias capiases issue in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without Oatb or Bond
E. Daniels Defendant
Now on this day the demurer filed in this cause coming on to be heard and the Court being fully advised of the premises said demurer is by the Court overruled.
Ordered by the Court that G.B. Phillips and F.H. Warren who are applicants for license as attorneys at law appear before this Court on Saturday next in order to undergo an examination as to their legal requirements.
State of Missouri Plaintiff
vs Resisting Process
David Tutt Defendant
Now at this day comes the Defendant by his attorney, J. S. Waddill, and by leave of Court files his demurer in this cause and the Court being fully advised concerning the premises said dernurer is by the Court overruled whereupon the Defendant is by his attorney by leave of Court files his Bill of Exceptions.
p 223.
Motions/Actions filed:
Jackson Inmon vs Joel Philips -- files answer
Oliver H. Scott vs Martin J. Hubble -- files answer
Merchants Bank vs Samuel G. Appleby et al -- files plea
S. Moss, surviving partner J.S. Moss
and Co vs 3. Brady Dickinson -- files interrogatory
B.G. Andrews vs Thomas J. Andrews -- files interrogatories.
J.H. Randleman vs George Gillis -- files plea of abatement.
p 224.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and also the Defendant in person and by attorney who for a plea says he is not guilty and of this putS himself upon the Country and the Circuit Attorney doth the like and having announced ready for trial, thereupon came a Jury viz - D.D. Nicholson, J.K, Alsup, W.F. Dunn, B.F. Shockley, William Woodward, Jacob Neff, John B. Cox, F.W. Scholton, George Wiley, Eli Spoon, G.W. Thomas and J.A. Lee, twelve good and lawful men, who being duly elected and sworn as prescribed by the Constitution and to well and truly try the issue joined, having heard the evidence and instructions of the Court, return into Court the following verdict viz "We the Jury find the Defendant guilty of Robbery in the First Degree in manner and form charged in the Indictment and assess his punishment imprisonment in the penitentiary. It is therefore considered and adjudged by the Court that the said Defendant be imprisoned in the penitentiary of the State of Missouri for the period of ten years and that the Sheriff of Greene County remove the prisoner from here to County Jail and safely keep there until the further
(continued)
65
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 224 (cont)
order of this Court. That the State of Missouri have and recover of and from Defendant her costs in this behalf expended and that she have execution therefor.
p 225
Divorces previously extracted
p 226.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the Defendant, Alfred Davidson, by his attorney, John J. Richardson, and by leave of Court files his motion for a new trial in this cause.
Jackson Inmon Plaintiff
vs Civil Action
Joel Philips Defendant
Now at this day comes the parties by attorney and they waiving the necessity of a Jury the same is submitted to the Court, and the Court doth find from the evidence that the said horse mentioned in Plaintiff's petition is the property of said Plaintiff. It is therefore considered and adjudged by the Court that the said Defendant deliver to Plaintiff the possession of said horse and that the Plaintiff have and recover his costs in this behalf expended and that he have execution therefor.
Ordered that the Court adjourn until 9 o'clock tomorrow morning.
S.H. Boyd Circuit Judge
July 13th 1865
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Murder
S.A. Harshburger Defendant
The Grand Jury having returned "not a true bill" in this cause, it is ordered that M.J. Batson, Malinda Batson and Nathaniel Batson, witnesses on behalf of the State be discharged from further attendance on this Court in this cause.
p 227.
Motions/Actions.
J.H. Randelman vs George Gillis files interrogations
State of Missouri vs Henderson Jones -- #1 Selling Liquor Without Oath or Bond
State of Missouri vs Henderson Jones -- #2 Selling Liquor Without Oath or Bond
State of Missouri vs James Long -- #1 Selling Liquor Without Oath or Bond
State of Missouri vs James Long -- #2 Selling Liquor Without Oath or Bond
State of Missouri vs Anthony Fisher -- #1 Selling Liquor Without Oath or Bond
State of Missouri vs Anthony Fisher -- #2 Selling Liquor Without Oath or Bond
p 228. Motions/Actions:
State of Missouri vs Anthony Fisher -- #3 Selling Liquor Without Oath or Bond
State of Missouri vs Anthony Fisher -- #4. Selling Liquor Without Oath or Bond
(continued)
66
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 228 (continued)
State of Missouri vs David 0. George Chesley Cannefax -- Selling Liquor Without Oath or Bond - Continued.
State of Missouri vs John Mills -- #1 Selling Liquor Without Oath or Bond - Continued
State of Missouri vs John H. Brodie " " " " "
State of Missouri vs Daniel Morton " " " " "
William Ellis. " " " " "
p 229
State of Missouri vs John Mills -- #2 Selling Liquor Without Oath or Bond - Continued
State of Missouri vs David Chandler -- " " " " "
State of Missouri vs James Hayes -- " " " " "
State of Missouri vs D.O. Gorman -- #1 " " " " "
State of Missouri vs D.O. Gorman -- #2 " " " " "
State of Missouri vs D.0. Gorman -- #3 " " " " "
State of Missouri vs D.0. Gorman -- $6 " " " " "
State of Missouri vs D.O. Gorman -- #4 " " " " "
p 230.
State of Missouri vs William Philips -- #2 Selling Liquor Without Oath or Bond - Continued
______ Philips " " " " "
State of Missouri vs William Philips -- " " " " "
_____ Philips -- #3 " " " " "
State of Missouri vs William Philips -- " " " " "
_____ Philips -- #4 " " " " "
p 231.
State of Missouri vs J.F. Oneal -- #1 Selling Liquor Without Oath or Bond - Continued
State of Missouri vs J.F. Oneal -- #2. " " " " "
State of Missouri vs J.F. Oneal -- #3 " " " " "
State of Missouri vs David Smith -- #1 " " " " "
State of Missouri vs David Smith -- #2. " " " " "
State of Missouri vs David Smith -- #3 " " " " "
State of Missouri vs L. Ulman -- " " " " "
State of Missouri vs M.D. Smith -- " " " " "
p 232.
State of Missouri vs L. Ulman -- Selling Liquor Without Oath or Bond - Continued
State of Missouri vs J.H. Westlick -- #1 " " " " "
State of Missouri vs J.H. Westlick -- #2 " " " " "
State of Missouri vs John A. Page -- " " " " "
State of Missouri vs William Smith, Carson -- " " " " "
67
GREENE COUNTY, MISSOURI CIRCUIT COUNTY CASES
BOOK G
JULY TERM 1865
p 232.
State of Missouri vs W.H. Worrell # Selling Liquor Without Oath or Bond - Continued
State of Missouri vs W.H. Worrell #2 " " " " "
p 233.
State of Missouri vs W.H. Worrell -- #3. Selling Liquor Without Oath or Bond - Continued
State of Missouri vs W.H. Worrell -- #4 " " " " "
State of Missouri vs W.H. Worrell -- #5 " " " " "
State of Missouri vs W.H. Worrell -- #6 " " " " "
State of Missouri vs W.H. Worrell -- #7 " " " " "
Amanda Peacher
vs Civil Action
Sarah and J.M. Kelly
Now at this day comes the Defendants by their attorney and file their motion to rule Plaintiff to give security for costs in this cause and by leave of Court the Defendants also file their answer to Plaintiff's petition in this suit.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
William Philips Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his answer to the Bill of Indictment in this cause.
p 234.
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
J.S. Carson & Oliver Smith Defendants
Now at this day comes the Defendants by their attorney and by leave of Court files their demurer in this cause.
Ordered by the Court that the time of pleading be extended until Thursday next 10 a.m.
Motions/Actions:
E.L. Weaver vs J.S. McQuerter -- Defendant files demurer
State of Missouri vs Z. Sims -- Defendant demurer overruled
State of Missouri vs Alfred Davidson -- Robbery -- files for new trial.
Campbell admin L.C. Campbell dec vs John Lair, T.G. Newbill
& R.B. Owen et al -- Defendants file demurer
A.M. Julian vs Bank of Missouri -- Plaintiff files demurer.
p 235.July 13th 1865
State of Missouri Plaintiff
vs Betting on Election
Dabney C. Dade Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant who for a plea says he is guilty as charged in the indictment whereupon the Court doth assess a fine on Defendant of the sum of ten dollars for the commission of the offense. It is therefore considered and adjudged by the Court that the State of
(continued)
66
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865.
p 235 (cont)
Missouri have and recover of and from Defendant his said fine of ten dollars and also his costs of suit in this behalf, that she have execution therefor and the Defendant be and remain in the custody of the Sheriff until the same be fully paid.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the motion for a new trial filed in this cause coming on to be heard and the Court being fully advised of and concerning the premises said motion is by the Court overruled and a new trial refused.
State of Missouri Plaintiff
vs Burglary
H.P. McCarty Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and says he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered and adjudged by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.
State of Missouri Plaintiff
vs #1 Selling Liquor Without License
A.C. Kraft Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by leave of Court files his affidavit alleging that the mind of the Judge of this Court is so prejudiced against him that he cannot have a fair trial and asking a change of venue to some County in another Circuit. It is therefore ordered by the Court that a Change of Venue be awarded in this cause to the County of Polk in the Seventh Judicial Circuit and that the Clerk of this Court certify the same to said Polk Circuit Court as the law directs.
p 236.
State of Missouri Plaintiff
vs #2 Selling Liquor Without License
A.C. Kraft Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by leave of Court files his affidavit alleging that the mind of the Judge of this Court is so prejudiced against him that he cannot have a fair trial and asking a change of venue to some County in another Circuit. It is therefore ordered by the Court that a Change of Venue be awarded in this cause to the County of Polk in the Seventh Judicial Circuit and that the Clerk of this Court certify the same to said Polk Circuit Court as the law directs.
State of Missouri Plaintiff
vs #3 Selling Liquor Without License
A.C. Kraft Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by leave of Court files his affidavit alleging that the mind of the Judge of this Court is so prejudiced against him that he cannot have a fair trial and asking a change of venue to some County in another Circuit. It is therefore ordered by the Court that a Change of Venue be awarded in this cause to the County of Polk in the Seventh Judicial Circuit and that the Clerk of this Court certify the same to said Polk Circuit Court as the law directs.
69
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOKG
JULY TERM 1865
p 236
State of Missouri Plaintiff
vs Selling Liquor Without Oath or Bond
James Hayes Defendant
Now at this day the motion to quash the Indictment in this cause coming on to be heard and the Court being fully advised concerning the premises said motion is by the Court sustained and said Indictment quashed. It is therefore considered and adjudged by the Court that the said Indictment be quashed and for naught held, that the State take nothing by her writ, that the Defendant be discharged hereof and go hence without day.
John Tennis Plaintiff
vs Civil Action by Repleven
L.P. Ayers Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files affidavit setting forth a list of the property replevened of Defendant by Plaintiff in Defendants possession.
p 237.
Motions/Actions.
State of Missouri vs Z. Sims -- Selling Goods Without License.Defendant files bill of exceptions.
E.L. Weaver vs James Jackson -- leave to withdraw note sued on
W.H. Henslee vs James Jackson -- leave to withdraw note sued on
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hayes & D.O. Gorman Defendants
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this suit. It is therefore considered and adjudged by the Court that the same be dismissed and that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.
John Tennis vs E.S. Bodenhamer motion to set aside interlocutory judgment.
p 238.
State of Missouri Plaintiff
vs Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant and having announced themselves ready for trial thereupon came a Jury viz A. C. McElhanon, Joseph Chaffin, Eli Spoon, William McDaniel, H.R. Jarratt, J.K. Alsup, J. Longcrier, G.W. Thomas, George Wiley, William Reynolds, W. Wallace and W.F. Dunn, twelve good and lawful men who being duly elected and sworn as the Constitution and laws and having heard the evidence and instructions of the Court return into Court the following verdict "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at $40." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of $40 and also her costs, that she have an execution therefor and that the Defendant be and remain in the custody of the Sheriff until fine and costs be fully paid.
70
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 238.
State of Missouri Plaintiff
vs Gaming
Joseph F. Oneal Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and having announced themselves ready for trial thereupon came a Jury viz H. Jones, W.J. West, N.C. Chaffin and R.B. Mack, four good and lawful men who by agreement are sworn as provided by the Constitution and laws to try the issue joined having heard the evidence and the instructions fo the Court return into Court the following verdict "We the Jury find the Defendant guilty in manner and form as charged and assess his punishment at a fine of ten dollars. It is therefore considered and adjudged by the Court that the State have and recover of and from Defendant her said fine of ten dollars and also her costs and that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
p 239.
Now at this day comes John A. Patterson into Court and the Court having examined his official bond as Sheriff of Greene County filed on the 1st May 1865 which bond the penalty and the sufficiency of the surety thereto is by the Court approved.
Ordered that the Court adjourn until tomorrow morning 9 o'clock.
S.H. Boyd C.J.
July 14th 1865
Court met pursuant to adjournment. Present as on yesterday.
p 240/241.
John Murray & John O. Sheppard Plaintiffs
vs Action Annull Judgment
Burnett H. Saye Defendant
Now at this day comes on to be heard a motion hereinbefore filed to annul a judgment in this cause entered up on the 11th day of January 1865 because the same did not correspond with prayer in Plaintiff's petition and mortgage filed herewith and documents and papers in the cause and the Court having misspelled the entire word and finding there was an error in entering up said judgment made by the Clerk of this Court in the description of the land described in the deed of trust or mortgage and the papers in this cause the said motion is by the Court sustained and the said Judgment in this cause and it is considered by the Court amended and entered up now for them and the same be amended and become a judgment nune protune as follows
John Murray and John O. Sheppard
vs Civil Action
Burnett H. Saye
Now on this day comes on again to be heard the above entitled cause and the Defendant having failed to show cause why the interlocutory judgment heretofore rendered in this cause at the last term of this Court should be set aside, and the Defendant having failed to plead answer or demur to Plaintiff's petition and the Court being satisfied from the proof that the Defendant has been duly notified of the commencement of this suit by copy of petition and with left at his usual place of abode with a free white person over the age of 15 years, a member of his family and being further satisfied from the proof that Defendant executed his promissory note to the Bank of Missouri at Springfield for $1000 dated on or about the 25th day of May 1861 and due September 25th 1861 and the said John Murray and John 0. Sheppard endorse the same to said Plaintiffs. the Defendant executed his mortgage and to the following real estate viz E 1/2 NE 1/4 Section 26 and E 1/2 W 1/2 NE 1/4 Section 26 Township 30 Range 23, W 1/2 of W 1/2 SW1/4 Section 29 Township 31 Range 33, in Greene County, Missouri, upon the following conditions:
(continued)
71
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 240/241 - (continued)
Now of the said Burnett H. Saye his heirs executors or administrators shall will and truly pay the sum of money specified in said note or draft and any part thereof together with all interest thereon if any when said note or draft shall be come due and payable according to the true tenor and effect three of chice this deed shall be void and the Court sitting as a Jury doth find from the proof that the Defendant is indebted to the Plaintiffs in the sum of $1000 debt and $196.66 damage due Plaintiffs by Defendant. It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendant the said sum of $1000 debt and $196.66 damages and also their costs in this behalf, that the Equity of Redemption in said real estate be foreclosed and that a special fi fa issue to sell the same or so much thereof as may be necessary to satisfy the same. And if the specific property levied upon be not sufficient to satisfy this judgment then a General Execution issue on same.
p 241.
Additional rules regulating the practice in Greene Circuit Court, adopted July 14th 1865 -
Rule first -
Applications made by persons to be relieved from the disabilities created by the 2nd Article of the Constitution of this State must be in writing and verified by affidavit.
Rule second -
Said application must contain a specific statement of each and every cause of such disability with the time and place as near as may be when and where the same was committed and that no other cause of such disability exists than contained in application.
Rule third -
Said application must show when he entered the Military Service of the United States Army, that he did so voluntarily, how long and in what company the number of the Regiment and Company.
Rule fourth
The application must be read in Open Court when presented whereupon the same will be filed and a day fixed for a hearing of said application not less than five days from the day of fi1ing said application by special order of discount when the same will be heard.
Rule fifth
The applicant shall also file with his petition an Oath of Allegiance in the words following, after the words, "Foreign and Domestic" in the Oath of Loyalty prescribed by the Constitution of this State.
Rule sixth
It is hereby made the duty of the Circuit Attorney to appear for and in behalf of the State in all such cases.
p 242.July 14th 1865
Now at this day, it appearing to the Court that G.A. Dillard, James Vaughn, G.W. Bullan had been by the Sheriff summoned as Jurors to appear before this Court and have failed so to appear in obedience to said summons. It is ordered by the Court that the said G.A. Dillard, James Vaughn and G.W. Bullan be fined the sum of ten dollars each for contempt of Court in failing to obey said summons and that aissue to them to show cause why said fine should not be made absolute.
72
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