Springfield-Greene
County LibraryJuly Term 1865
Book G
p 266.
Friday July 21st Court met pursuant to adjournment at 8 a.m. Present as on yesterday.
p 289.
State of Missouri Plaintiff
vs Keeping Gaming Table
J. Hoff Defendant
Now at this day comes again the Jury in this cause and having heard the whole of the testimony in this cause and having heard the whole of the testimony addend and the instructions of the Court on their oath say We the Jury find the Defendant guilty in Manner and form charged and assess his punishment at a fine of $400. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of $400 and also costs that she have and execution there for and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs Gaming
D.R. Suth Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of ten dollars on Defendant for commission of the offense and it is ordered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine often dollars and also her costs, 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.
State of Missouri Plaintiff
vs Gaming
Eli Armstrong Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of ten dollars on Defendant for commission of the offense and it is ordered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of ten dollars and also her costs, 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 290.
State of Missouri Plaintiff
vs Gaming
James Crimsenberg Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of ten dollars on Defendant for commission of the offense and it is ordered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of ten dollars and also her costs, 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.
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Page Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of twenty dollars on Defendant for commission of the offense and it is ordered and adjudged by the Court
(continued)
100
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 290 (cont) July 21st 1865
that the State of Missouri have and recover of and from Defendant her said fine of twenty dollars and also her costs, 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.
State of Missouri Plaintiff
vs Gaming
David R. Suth Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty whereupon by agreement of parties this cause is submitted to the Court and the Court sitting as a Jury having heard the evidence adduced doth find the Defendant guilty as charged and doth assess his punishment at twelve 50/100 dollars. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said debt of twelve 50/100 dollars and also costs and that the said Defendant be and remain custody of Sheriff until fine and costs are fully paid.
Now at this day comes B.L. Hendrick and shows to the Court that he has taken and subscribed the oath of loyalty as an attorney as prescribed by the Constitution.
p 291.
Wayman Crow, William A. Hargardrin,
George D. Appleton, Hugh M. NcKitrick,
composing a firm of Crow McCreary Co Plaintiffs
vs Civil Action
William G. Evans, Thomas B. Morgan and
Eber Compton, doing business under firm
name of Evans Morgan and Co. Defendants
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Journal, a weekly newspaper published in Greene County, Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and it further appearing to the satisfaction of the Court that a Writ of Attachment issued in this cause from the office of the Clerk of the Circuit Court on the 30th day of June 1864 and was by the Sheriff of Greene County, Missouri, on the 30th day of June 1864 levied upon the following real estate viz Commencing 30 feet West of the SW corner of a tract of land sold by D.L. Fulbright to John S. Phelps by Deed dated November 30th 1852 (being a part of the NE 1/4 of Sect 23 of TWP 29 Range 22 running thence South 13 rods thence East 35 rods thence North 13 rods thence West to the beginning, containing 2 acres and 5 square rods more or less and situate in Springfield, Missouri, taken as the property of Eber Compton and by buying the said attachment in all the interest Thomas B. Morgan had ofm and to the following land viz beginning at the NW corner of a parcel of land sold by D.L. Fulbright to Anderson Johnson on the 25 day of December 1854 running thence 7 rods thence South 26 rods thence East 7 rods, thence North 26 rods to the beginning being in the NE 1/4 of Sec 23 of TWP 29 of Range 22 containing one acre and 22 rods and it further appearing to the satisfaction of the Court that the Sheriff of said County on the second day of January 1865 summoned and garnisheed John S. Coleman and S.M. Gushau by attaching in their hand all money due the Defendants. And it further appearing to the satisfaction of the Court that this suit is founded on an instrument of writing whereby t he amount is ascertained and the Court sitting as a Jury doth find that the Defendants are indebted to Plaintiffs in the sum of $1329.54 debt and the further sum of $564.99 damages. It is therefore considered by the Court that the Plaintiffs have and recover of and from the said Defendants the sum of $1329.54 debt and $564.99
(continued)
101
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 291 (cont.)
damage and that a special execution issue against the property attached.
p 292.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the Circuit Attorney and also the Defendant and by leave of Court agreement this cause is continued until next term of this Court.
State of Missouri Plaintiff
vs Selling Liquor Without License
D.O. Gorman Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute whereupon it is ordered and 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.
State of Missouri Plaintiff
vs Selling Liquor on Sunday
L. Ulman Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute whereupon it is ordered and 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.
State of Missouri Plaintiff
vs Selling Liquor Without License
W. Armstrong and D.C. Brewster Defendants
Now at this day comes the Defendants by their attorney and by leave of Court file their motion for a new trial in this cause.
p 293.
State of Missouri Plaintiff
vs Keeping a Billard Table
Isaac Hoff Defendant
Now at this day comes the Defendant by attorney and by leave of Court files a motion or application asking the Court to reduce the fine assessed by the Jury in this cause.
State of Missouri Plaintiff
vs Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney and on his applicati0n this cause is continued until the next term of this Court.
Landon Neil Plaintiff
vs Civil Action
Nathaniel Anderson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant has been duly notified of the commencement of this suit by publication made for four successive weeks in the Missouri Weekly Patriot a newspaper published in this State, the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it is therefore considered by the
(continued)
102
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 293 (cont.)
Court that the Plaintiff have judgment by default, but it not appearing to the Court what amount Plaintiff is entitled to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the same to which time this cause is continued.
p 294.
State of Missouri Plaintiff
vs Selling Liquor Without License
John H. Brodie Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant J.H. Brodie as principal and T.B. Hudson as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said J.H. Brodie who stands indict ed in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance at the Court House in Springfield on the first day of next term of this Court which commences on the first Monday in January, next, and answer said Bill of Indictment and not depart said Court without Leave.
Ordered by the Court that Joseph Chaffin and N.C. Chaffin be discbarged from further service on petit jury for cause shown and that the Sheriff be ordered to summon two more in their place.
M.M. Alexander Plaintiff
vs Civil Action
S. Fulbright & C. Sheppard Defendants
Now at this day the motion to amend or correct Writ in this cause coming on to be heard and it appearing to the Court that the Clerk had failed to affix his seal to the Writ of Execution in this cause the motion is sustained and it is ordered by the Court that the Clerk affix the Seal of this Court to said Writ mune protune.
State of Missouri Plaintiff
vs Keeping a Gaming House
John A. Page Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty whereupon comes a Jury (the parties being ready for trial) viz George Wiley, J. Dyer, A.C.C. McElhanon, B. Lemmons, J.D. Bunch, G.W. Thomas, N.C. Chaffin, Joseph Gott, J.W. Chaffin, E. Painter and F.E. Watherson, twelve good and lawful men who being duly elected tried and sworn as required by the Constitution and to try the issue formed having heard the testimony and instructions of the Court come and say they cannot agree whereupon the Court discharged said Jury and this cause is continued until the next term of this Court.
p 295. July 21st 1865
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Page Defendant
Now at this day comes John A. Page as principal and Eli J. Armstrong as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements, to be void on condition that the said John A. Page who has taken a change of venue in the above entitled cause to the Circuit Court of Douglas County shall be and make his appearance before the Judge of said Circuit Court on the first day of the next term of said Court and answer the said Indictment.
103
GREEN COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 295 July 21st 1865
State of Missouri Plaintiff
vs Selling Liquor Without License
John A. Page. Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his application for a Change of Venue on account of prejudice in the minds of the inhabitants of Greene County against him whereupon it is ordered by the Court that a Change of Venue be awarded to the Circuit Court of Douglas County and that the change be certified as the law directs.
p 296.
Ebenezer Philips Plaintiff
vs Civil Action
Benjamin Johnson Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant has been duly notified of the commencement of this suit by publication for four successive weeks the last insertion at least four weeks before the present term of this Court in the Weekly Missouri Patriot and having failed to plead answer or demur to Plaintiff's petition the same is taken as true and it is considered by the Court that Plaintiff have judgment by default and it not appearing to the Court that what amount Plaintiff is entitled to recover it is ordered that inquiry be had at the next term of this Court to which time this cause is continued.
Ebenezer Philips Plaintiff
vs Civil Action
Felix Lotspeach Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the Commencement of this suit by publication made for four successive weeks in the Weekly Missouri Patriot the last insertion at least four weeks before the present term of this Court and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it is considered by the Court that Plaintiff have a judgment by default but it not appearing to the Court what amount Plaintiff is entitled to recover. It is ordered that inquiry be had at the next term of this Court to ascertain the amount of damage to which Plaintiff is entitled and this cause be continued until that time.
A.T. Budlong and T. Fisher Plaintiffs
vs Civil Action
Samuel Andrews & Benjamin G. Andrews Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant has been duly notified of the commencement of this action by copy of petition and writ, that the same is founded on a Mechanic's Sum for work and labor and materials furnished and the said Defendants having failed to plead, answer or demur to Plaintiff's petition the same is taken as true. And it is considered by the Court that the said Plaintiffs have judgment by default but it not appearing to the Court what amount of debt or damage or other relief Plaintiff is entitled to. It is ordered that inquiry be had at the next term of this Court thereof to which time this cause is continued.
p 297.
Jacob Painter Plaintiff
vs Civil Action
Rufus Ship Defendant
Now at this day this cause comes on for a final hearing on the said Defendant having
(continued)
104
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 297 (cont.)
failed to plead, answer or demur or show cause why the interlocutory judgment rendered at last term of this Court should not be made final and a Jury having been waived the same is submitted to the Court, and the Court sitting as a Jury doth find from the proofs adduced that the Defendant is indebted to Plaintiff on account of nioney paid for and at the request of Defendant in the sum of $1184.30 debt and $71.05 damage.
And it further found by the Court that on the 21st day of June 1864 a Writ of Attachment was issued by the Clerk of this Court in favor of said Plaintiff and against said Defendant and by the Sheriff of Greene County levied on 22 June 1864 on the following real estate of Defendant - The SW 1/4 of SE 1/4 Section 22 Township 29 Range 22. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of $1184.30 and also $71.05 damage and also costs and that a special fi fa issue against the real estate attached.
State of Missouri Plaintiff
vs Selling Liquor Without License
L. Ulman Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute. It is therefore ordered by the Court that the same be dismissed. That the State take nothing by her suit, that the defendant be discharged hereof and go hence without day and that a fee bill issue.
p 297/296.
State of Missouri Plaintiff
vs Grand Larceny, Forfeiture of Recognizance
John Graham, J.F. Robinson,
J.B. Robinson & Charles Robinson Defendants
Now at this day comes the Circuit Attorney and this cause coming on for a final hearing, the said Defendants having been served with scira facias in legal form and having failed to show cause why the forfeiture of their recognizance taken at the last term of this Court should not be made final and absolute and the Court being fully satisfied of and con_____ the premises. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said John Graham, J.F. Robinson, J.R. Robinson and Charles Robinson her said recognizance of $500 and also her costs in this behalf laid out and expended and that execution issue therefor.
p 296.
Anderson Johnson Plaintiff
vs Civil Action
Philip Kaganice Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Missouri Weekly Patriot for four successive weeks the last insertion at least four weeks before the first day of the present term of this Court, and having failed to answer, plead or demur to Plaintiffs petition and it therefore considered by the Court that the same be taken as true. It is therefore considered by the Court that the Plaintiff have a judgment by default and that inquiry be had as to the Judgment which Plaintiff ought to recover, and the necessity of a Jury being waived and the cause being submitted to the Court and the Plaintiff's demand being founded upon a note for the direct payment of money it doth find from the evidence adduced that the Defendant is indebted to Plaintiff in the sum of one hundred and ten dollars debt and forty nine 50/100 as damage. The Court doth find that on the 27th April 1864 a Writ of Attachment was issued from the Clerk's office of this Court in favor of said Plaintiff and against said Defendant and was by the Sheriff of Greene County on the
(continued)
105
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 298 (cont)
27th day of April 1864 levied upon the following real estate viz beginning at the SE corner of the E 1/2 of SE 1/4 of SE 1/4 of Section 23 Township 21 Range 22, thence N 8 poles, thence W 20 poles, thence S 6 poles, thence E 20 poles to the beginning. It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from said Defendant the sum of one hundred and ten dollars debt and forty nine 50/100 dollars damage and also costs that this judgment bear 10% and that a special execution issue against the property attached.
p 298/299.
State of Missouri Plaintiff
vs Perjury
W.B. Staley Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Defendant William B. Staley as principal and F.M. Watson as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one thousand dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said W.B. Staley who is indicted in the Greene Circuit Court for Perjury shall be and make his personal appearance before the Judge of said Court at the Court Hause in Springfield on the first day of the next term of this Court which will commence and be holden on the first Monday in January 1866 and answer said indictment and not depart said Court without leave.
p 299.
Ordered that J. Cunningham be excused for cause shown from further serving on Petit Jury and that the Sheriff summon another in his place.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hays and D.O. Gorman Defendants
Now at this day comes the Circuit Attorney and also the Defendants who say they are not guilty whereupon came a Jury viz A.J. Potter, William McDaniel, H.R. Jarratt, Eli Spoon, William Lyman, B.B. Howard, T.C. Piper, A.J. Hutt, R. McCluer, Joseph Wingfield, P.S. Anderson and J.M. Kelly, twelve good and lawful men who being duly elected, tried and sworn as provided by the Constitution and also try the issue having heard the evidence and also the instructions of Court say that they cannot agree on a verdict. It is therefore ordered by the Court that said Jury be discharged.
Ordered by the Court adjourn until tomorrow morning nine oclock. S.H. Boyd C J
p 300.
July 22nd 1865.
Court met pursuant adjournment. Present as on yesterday.
William McDaniel Plaintiff
vs Civil Action
Samuel S. Vinton Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files motion to have a Writ of Summons issued of Defendant and the Court being fully advised said Writ is ordered to issue and execution is stayed until the further order of this Court.
James A. McCullah, Granville Smith
Executors of John Smith Plaintiffs
vs Civil Action
Mercer Moody, Charles A. Haden Defendants
(continued)
106
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 300 (continued)
Now at this day comes the Plaintiff by his attorney and it appearing from the Sheriff's return that the Defendant Mercer Moody cannot be found. It is ordered by the Court that he be notified by publication for four successive weeks that the Plaintiff has commenced an action against him in the Greene Circuit Court by petition and attachment on a promissory note signed by him and Defendant Charles A. Haden payable to John Smith on order dated 12th April 1861 and due one day after date with 10% interest for three hundred and fifty dollars and that unless he be and appears 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 will be holden on the first Monday in January 1866 and plead, answer or demur to Plaintiff's petition on or before the third day of the term (if the same shall so long continue, if not then before the end of the term) the same will be taken as true and judgment rendered accordingly and his property sold to satisfy the same. And it is further ordered that notice be published for four success ive weeks the last insertion at least four weeks before the next term of Court in the Weekly Springfield Journal.
State of Missouri Plaintiff
vs Selling Liquor Without License
Hays and Gorman Defendants
Now at this day comes the Circuit Attorney and the Court being fully advised of the premises it is ordered and adjudged that the State recover her costs against John McElhaney for Judgment issued in the above cause against him and that execution issue against him for the same.
p 301.
R.D. Blades et al Plaintiff
vs Petition for Partition
W.B. Garroutte et al Defendant
Now at this day comes Henry Matlock who is known to the Court as the former Sheriff of Greene County and presents a Sheriff's Deed made by him to Ransom D. Blades for NE 1/4 NE 1/4 Section 27 and NW 1/4 NW 1/4 Section 35 Township 28 Range 24 sold under order of this Court in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the purposes therein contained.
R.D. Blades et al
vs Petition for Partition
W.R. Garroutte et al
Now at this day comes Henry Matlock who is known to the Court as the former Sheriff of Greene County and presents a Sheriff's Deed made by him to John Long for the following real estate NW 1/4 NE 1/4 SE 1/4 NE 1/4 and NW 1/4 SE 1/4 Section 27 NW 1/4 SW 1/4 Section 26 Township 28 Range 24 sold under order of this Court in the above entitled cause and the said Henry Matlock acknowledged that he executed and delivered the same for the purposes therein contained.
R.D. Blades et al
vs Petition for Partition
W.R. Garroutte et al
Now at this day comes Henry Matlock who is known to the Court as the former Sheriff of Greene County and presents a Sheriff's Deed made by him to W.D. Garroutte for the following described real estate viz NW 1/4 of NW 1/4 Section 35 Township 28 Range 22 sold under an order of this Court for the purpose of partition and the said Henry Matlock acknowledged that he executed and delivered the same for the uses therein contained.
107
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 301.
Ordered for cause shown that G.A. Dillard be released from the payment of fine imposed against him for contempt of Court in failing to attend as a Juror.
p 302.
William J. McDaniel Plaintiff
vs Civil Action
Christian W. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Christian W. Bodenhamer has been duly served with notice of commencement of this suit by copy of the petition and writ more than 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it is considered and adjudged by the Court that the Plaintiff have an interlocutory judgment by default. But it appearing what amount of damage or other judgment Plaintiff is entitled to have or recover. It is ordered that inquiry be had at the next term of this Court to ascertain the same and that this cause be continued until the next term.
State of Missouri Plaintiff
vs Selling Goods Under False Pretense
John Faught Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who says he is not guilty and of this puts himself on the Country whereupon came a Jury viz A.B. Matthews, William Reynolds, J. Longcrier, W. Wallace, E. Painter, A.J. Potter, J. Dyer, W. McDaniel, F.E. Watterson, H.R. Jarratt, Eli Spoon and George Wiley, twelve good and lawful men who being duly elected, tried and sworn as provided by the constitution and to try the issue found heard the evidence and instructions of Court say they cannot agree on a verdict whereupon the said Jury is by the Court dismissed.
p 303.
State of Missouri Plaintiff
vs Perjury
Stephen Blackman Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant, Stephen Blackman, as principal and Chesley Cannefax as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one thousand dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Stephen Blackman who has been indicted in the Greene Circuit Court for the crime of Perjury 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 1866 and answer said indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Disturbing Peace
W.J. Harlow Defendant
Now at this day comes the Circuit Attorney and by leave of Court this cause is, by consent of parties, continued until next term of Court and thereupon came Kenneth McKenzie and Josephine Dysart who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be levied of their goods and chattels, lands and tenements to be void if they shall be and make their personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be holden at the Court House in Springfield on the first Monday in January 1866 and testify in the above entitled cause and not depart the same without leave.
108
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JULY TERM 1865
p 304.
John R. Cox Plaintiff
vs Civil Action
Lafayette Mason, Thomas Dalin
and Thomas Hickman Defendants
Now at this day comes the Defendants by their attorney and by leave of Court file their plea in abatement which said motion is by the Court sustained and it is ordered that this cause abate until the further order of this Court.
p 305.
Ordered that Court adjourn until Monday morning 9 o'clock. S.H. Boyd Cir Judge
July 24th 1865
Court met pursuant to adjournment present as on Saturday.
State of Missouri Plaintiff
vs Selling Liquor Without License
James McGuire Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash the Indictment in this cause and the Court being fully advised said motion is by the Court overruled. Whereupon the Defendant comes and for a plea says he is guilty as charged and the Court doth assess a fine on said Defendant of twenty dollars for the commission of the offense. It is therefore considered and adjudged that the State of Missouri have and recover of and from Defendant her said fine of twenty dollars and also her costs, 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.
Ordered by the Court that Andrew B. Matthews be sworn as a inember of the Grand Jury which is accordingly done.
p 306.
State of Missouri Plaintiff
vs #4 Selling Liquor Without License
David Smith Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute. It is therefore considered by the Court that this cause be dismissed, that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Keeping Gaming Table
Joseph F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute. It is therefore considered by the Court that this cause be dismissed, that the State take nothing by her suit and that the Defendant be discherged hereof and go hence without day.
Now at this day comes John M. Richardson and J.H. Shaw and show to the Court that they have taken subsuter and filed the oath of loyalty as allowed at law prescribed by the Constitution.
Roger Q. Banfield Plaintiff
vs Civil Action
John Daniel Defendant
Now at this day comes the Plaintiff by attorney and files his application asking the
(continued)
109
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 306 (cont.)
Court to order the sale of two mares and a filly attached in the above entitled cause because the keeping of the same is attended with much loss and expense and the Court here being fully advised in the premises doth order that the Sheriff of Greene County sell the property aforesaid as the Law permits for cash on hand at the Court House door in Springfield and hold the proceeds of said sale subject to the further order of this Court.
Jesse M. Redfearn Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and shows to the Court here that Defendant has deceased since the commencement of this suit and on his motion it is ordered Elizabeth D. Campbell admx of deceased be made party Defendant in this cause and that the same be continued until next term.
p 307.
James A. McCullah Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and shows to the Court here that Defendant has deceased since the commencement of this suit and on his motion it is ordered Elizabeth D. Campbell admx of deceased be made a party Defendant in this cause and that the same be continued until next term.
J.R. Douglas Plaintiff
vs Civil Action
Leonidas C. Campbell Defendant
Now at this day comes the Plaintiff by attorney and shows to the Court here that Defendant has deceased since the commencement of t his suit and on his motion it is ordered Elizabeth D. Campbell admx of deceased be made a party Defendant in this cause and that the same be continued until next term.
State of Missouri Plaintiff
vs Selling Liquor Without License
D.O. Gorman Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute. It is therefore considered by t he Court that the same be dismissed and that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hayes Defendant
Now at this day comes the Defendant by attorney and files his application verified by affidavit asking for a change of venue to some other County on account of the prejudice existing on the minds of the inhabitants of this County against him. It is therefore ordered that a change of venue be awarded to this cause to the County of Christian and that the same be certified as the Law directs.
p 308.
Reuben Rose Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final
(continued)
110
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 308 (cont.)
hearing and there being no cause shown why the interlocutory judgment rendered at the last term of this Court should be set aside and the cause being submitted to the Court the Court sitting as a Jury from the evidence adduced doth find that the Defendant is indebted to the Plaintiff in the sum of three hundred and seventy 88/100 dollars debt and one hundred and fifty one 41/100 dollars damage. And it further appearing to the Court that on the 25th of July 1864 a Writ of Attachment was issued from the office of the Clerk of the Circuit Court of Greene County against said Defendant and was by the Sheriff of Greene County on the 25th of July 1864 levied on the following real estate viz Lots 1,2,3 & 4 Block No Two in Price's Addition to the City of Springfield, Missouri, also, SW 1/4 NW 1/4 , NW 1/4 SW 1/4 except four 45/100 acres and W 1/2 NE 1/4
SW 1/4 all in Section 23 Township 28 Range 23. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of three hundred and seventy 88/100 dollars and also one hundred and fifty one 41/100 dollars damage and also costs of suit and that this judgment bear 10% and that a special fi fa issue against the property attached.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hayes & D.O. Gorman Defendants
Now at this day comes the Defendant by his attorney and by leave of Court files his application for a change of venue on this cause to some other County on account of the prejudice in the minds of the inhabitants of Greene County against them. It is therefore ordered that a change of venue be awarded in this case to the County of Christian and that the same be certified as the Law directs.
p 309.
State of Missouri Plaintiff
vs Selling Goods Witbout License
Charles Jacobs Defendatit
Now at this day comes J. Winterstein who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels, lands and tenements to be void on condition that he 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 testify in the above entitled cause on behalf of the State and not depart without leave.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hayes & D.O. Gorman Defendants
Now at this day comes into Court Joseph S. McQuerter, James Hayes who acknowledges themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their respective goods and chattels, lands and tenements to be void on condition that they, and each of them, be and make their appearance before the Judge of the Christian County Circuit Court at the Court House in Ozark at the next term of said Court to be holden on the second Monday in September, next, and testify on behalf of the State and nOt depart said Court without leave.
p 310.
State of Missouri Plaintiff
vs Auctioneering Without Leave
Higdon R. Jarratt Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty and being ready for trial thereupon came a Jury viz
(continued)
111
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 310 - (cont.)
A.J. Potter, Isaac Dyer, F.E. Watterson, George Wiley, Eli Spoon, William Lyman, John D. Bunch, W.B. Gregory, E. Wharton. B.B. Howard and J.C. Richardson, twelve good and lawful men who being duly elected tried and sworn as prescribed by the Constitution and also to try the issue found having heard the evidence and instructions of the Court upon their oath say "We the Jury find the Defendant guilty in manner and form charged and assess his fine at five hundred dollars and the duty due by him as an auctioneer." 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 five hundred dollars and also her said duty, 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 are fully paid.
State of Missouri Plaintiff
vs #3 Selling Liquor Without License
David Smith Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defeneant who for a plea says he is not guilty, and the parties being ready for trial thereupon came a Jury viz F.E. Watterson, W.J. McDaniel, J. Dyer, A.J. Potter, William Lyman, George Wiley, J.D. Bunch, Eli Spoon, J.J. Campbell, J. Richardson, E. Wharton and J.J. West, twelve good and lawful men who being duly elected tried and sworn as the Constitution provides and also to try the issue joined having heard the evidence and instructions of Court on their oath say "We the Jury find the Defendant guilty in manner and form charged and assess his fine at $35." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of thirty five dollars and also her costs, that she have an execution therefor and that Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
J.S. Moss
vs Civil Action
B.A. Barrett
Now at this day comes B.W. Henslee, Garnishee, into Court and surrenders to the Sheriff Notes, accounts, evidence of debt and money acknowledged to be in his hands at the last term of this Court and is by the Court discharged as such Garnishee.
p 311.
State of Missouri Plaintiff
vs Selling Liquor Without License
J.F. Oneal & James McGuire Defendants
Now at this day comes the Circuit Attorney who prosecutes and also the Defendants who for a plea says they are not guilty whereupon comes a Jury viz William Reynolds, F.E. Watterson, J.J. Campbell, W.B. Gregory, Eli Spoon, W. McDaniel, six good and lawful men (who are by agreement consent sworn) who being duly elected tried and sworn as required by the Constitution to try the issue found having heard the evidence and instructions of Court on their oath say "We the Jury find the Defendants guilty in manner and form charged and assess their fine at forty dollars." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendants her said fine of forty dollars and also her costs, that she have an execution therefor and that Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
112
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G.
JUlLY TERM 1865
p 311.
State of Missouri Plaintiff
vs Manslaughter
William Haycock Defendant
Now at this day comes the Circuit Attorney and also the Defendant Haycock as principal and R.B. Owen, Isaac Hoff and John H. Jenkins as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of two thousand dollars to be levied of their goods and chattels, lands and tenements to be void on condition that said Defendant Haycock who stands indicted in the Greene Circuit Court for man slaughter shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term of this Court which will commence and be holden on the first Monday in January 1866 and answer an indictment and not depart without leave.
p 312.
Ordered that the Court Adjourn until 8 o'clock tomorrow. S.H. Boyd Cir. Judge
July 25, 1865
Court met pursuant to adjournment. Present as on yesterday.
Wayman Crow, William Hargardrin,
George D. Appleton and Hugh McKitrick,
partners of Crow McCray & Co Plaintiffs
vs
John S. Coleman Garnishee
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that the Defendant John S. Coleman has been summoned as a Garnishee in this case pending in this Court wherein the Plaintiff in this cause and Plaintiff and Thomas B. Morgan, William G. Evans and Eber Compton were Defendants and it appearing to the satisfaction of the Court that said Defendant John S. Coleman Garnishee as aforesaid, has filed his answer to certain interrogations propounded by the Plaintiff in which said answers he admits that he is indebted to one of the Defendants Thomas B. Morgan in the sum of three hundred and fifty dollars the 23rd May 1861 with interest at ten percent. It is therefore considered by the Court that Flaintiffs have and recover of and from said Defendant John S. Coleman the sum of three hundred and fifty dollars the amount of the Debt that Defendant John S. Coleman admits in his answer that he owes Defendant Thomas B. Morgan and the further sum of one hundred forty five dollars and eighty three cents the interest due on the same according to the answer of the Defendant John S. Coleman that Defendant have five dollars deducted out of said sum for answering as garnishee in this behalf and that the Plaintiff have execution for said sum of fourhundred and ninetyfive dollars, less five dollars, the expense of the garnishee as aforesaid.
p 312/313.
Wayman Crow, William Hargardrin,
George D. Appleton and Hugh McKitrick,
partners of Crow McCray & Co. Plaintiffs
vs Civil Action
S.M. Grisham Defendant
Now at this day comes on to be heard the above entitled cause and it appearing to the satisfaction of the Court that the Defendant, S.M. Gresham, has been summoned as a Garnishee in a case pending in this Court wherein the Plaintiff in this cause were Plaintiffs and Thomas B. Morgan, William G. Evans and Eber Compton were Defendants and it appearing to the satisfaction of the Court that said Defendant, S.M. Gresham,
(continued)
113
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 312/313 - (continued)
garnishee as aforesaid has filed his answer to certain interrogations propounded by the Plaintiff in which said answer he admits that he is indebted by a note to the firm of Evans Morgan and Co by note dated about first of January 1861 for the sum of seventy four with interest at ten percent from date. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant, S.M. Gresham, the sum of seventy four dollars, the amount of the debt M.S. Gresham admits in his answer that he owes the said firm of Evans Morgan and Co and further sum of thirty three 78/100 the interest due on the same according to the answer of Defendant, M.S. Gresham. That Defendant have five dollars out of said sum for answering as garnishee in this behalf and that the Plaintiff have execution for said sum of one hundred and seven 76/100 dollars less five dollars expense of the garnishee as aforesaid.
p 313.
State of Missouri Plaintiff
vs Selling Goods Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney and also Defendant who for a plea says he is guilty whereupon the Court doth assess a fine of fifty dollars on the Defendant. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant her said fine of fifty dollars and also her costs and have execution therefor and that the Defendant be and remain in custody of Sheriff until fine and costs are fully paid.
p 314.
State of Missouri Plaintiff
vs #1 Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until next term of this Court.
State of Missouri Plaintiff
vs #2 Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until next term of this Court.
State of Missouri Plaintiff
vs Selling Liquor Without License
D.O. Gorman Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until next term of this Court.
State of Missouri Plaintiff
vs #1 Auctioneering Without License
John S. Bigbee Defendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an alias writ issue in this cause returnable to next term.
State of Missouri Plaintiff
vs #2 Auctioneering Without License
John S. Bigbee Defendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an alias writ issue in this cause returnable to next term.
114
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 314.
State of Missouri Plaintiff
vs Auctioneering Without License
John S. Bigbee Defendant
Now at this day comes the Circuit attorney and also John McElhaney who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be bond of his goods and chattels lands and tenements to be void on condition that he 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 1866 and testify on behalf of the State in two cases entitled as above and not depart without leave.
p 315.
State of Missouri Plaintiff
vs Selling Liquor Without License
James Hays Defendant
Now at this day comes the Defendant and files his application for a change of venue in this cause to some other County on account of the prejudice in the minds of inhabitants of Greene County against him whereupon the Court doth award a change of venue to the Circuit Court of Christian County and this cause is ordered to be certified to said Court as the Law directs. Whereupon comes said Defendant, James Hays as principal and W.H. Worrell as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said James Hays who is indicted in the Greene Circuit Court for Selling Liquor Without License and has taken a change of venue to the Circuit Court of Christian County. Now if he be and appear before the Judge of said Court on the second Monday in September, next, and answer said indictment and not depart said Court without leave this recognizance to be void.
State of Missouri Plaintiff
vs Selling Liquor Without Leave
James Hays Defendant
Now at this day comes the Defendant and files his application for a change of venue in this cause to some other County on account of the prejudice in the minds of inhabitants of Greene County against him whereupon the Court doth award a change of venue to the Circuit Court of Christian County and this cause is ordered to be certified to said Court as the Law directs. Whereupon comes said Defendant, James Hays as principal and W.H. Worrell as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said James Hays who is indicted in the Greene Circuit Court for Selling Liquor Without License and has taken a change of venue to the Circuit Court of Christian County. Now if he be and appear before the Judge of said Court on the second Monday in September, next, and answer said indictment and not depart said Court without leave this recognizance to be void.
p 316.
State of Missouri Plaintiff
vs Selling Liquor Without Leave
James Hays Defendant
Now at this day comes the Defendant and files his application for a change of venue in this cause to some other County on account of the prejudice in the minds of inhabitants of Greene County against him wherein the Court doth award a change of venue to the Circuit Coutt of Christian County and this cause is ordered to be certified to said Court as the Law directs. Whereupon comes the Defendant, James Hays as principal and W.H. Worrell as security who acknowledge themselves to owe and stand indebted to
(continued)
115
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES
BOOK G
JULY TERM 1865
p 316 (continued)
the State of Missouri in the sum of one hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said James Hays who is indicted in the Greene Circuit Court for Selling Liquor Without License and has taken a change of venue to the Circuit Court of Christian County. Now if he be and appear before the Judge of Christian Court at the Court house in Ozark on the second Monday in September next and answer said indictment and not depart said Court without leave.
State of Missouri Plaintiff
vs Robbery
Alfred Davidson Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his Bill of Exceptions in this cause which is signed by the Court and made a part of the record in this cause.
State of Missouri Plaintiff
vs Grand Larceny
Charles Hanick Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty and being ready for trial thereupon came a Jury viz A.J. Potter, H. Jones, William McDaniel, J. Dyer, George Wiley, F.E. Watterson, H.R. Jarratt, Eli Spoon, J.J. Campbell, A.C.C. McElhanon, W.B. Gregory and J.D. Bunch, twelve good and lawful men, who being duly elected and sworn according to Law, having heard the evidence and instructions of Court on their oath say "We the Jury find the Defendant not guilty in manner and form charged." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day.
p 317.
State of Missouri Plaintiff
vs #2 Selling Liquor Without License
John MillsDefendant
Now at this day comes the Circuit Attorney and also Defendant and by leave of Court and consent this cause is continued until next term. Whereupon comes Charles H. Bailey who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be bond for their goods and chattels, lands and tenements to be void on condition that the said Charles H. Bailey shall be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in January 1866 and testify on behalf of the State in the above entitled cause and not depart without leave.
p 316.
State of Missouri Plaintiff
vs Selling Liquor Without License
William Philips Defendant
Now at this day comes Jacob Sewell and acknowledges himself to owe amd stand indebted to the State of Missouri in the sum of $50 to be bond of their goods and chattels, lands and tenements to be void on condition that he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first Monday in January 1866 and testify on behalf of the State in the above entitled cause and not depart the same without leave.
116
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