Springfield-Greene
County LibraryJuly Term 1866
Book G
p 738.
George Hussman Plaintiff
vs Judgment on Garnishee
Herman Foster Defendant
Now at this day this cause coming on to be heard in the matter of James Vaughan as Garnishee. It appearing to the Court that James Vaughan, Garnishee, stated in his answer he has eighty dollars of Defendants money in his hands. It is considered by the Court that Plaintiff have and recover of and from James Vaughan seventy dollars and that James Vaughan be allowed $10 for his trouble in answering. It is further ordered that a fi fa issue against James Vaughan where demanded by Plaintiff.
p 739.
State of Missouri Plaintiff
vs Felonious Assault
Harvey Steel Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and the said Defendant being ready for trial and having been duly arraigned, for a plea says he is not guilty, whereupon came a Jury viz A.J. Potter, G.W. Thomas, J.J. Campbell, S.H. Julian, T.D. Hudson, D. Headlee, Michael Johnson, J.D.L. Wiley, Spry Owen, A.T. Budlong, J. Dyer and J. Longcrier, twelve good and lawful men who being duly elected, tried and sworn as the Law requires on their oath say
"We the Jury find the Defendant guilty in manner and form charged and do assess his punishment at a fine of one hundred dollars." 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 one hundred dollars and also her costs. That she have execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.
p 739/740.
State of Missouri Plaintiff
vs Grand Larceny
J.W. Golston Defendant
Now at this day comes the Defendant, John W. Golston, as principal and Sanford _______
Edward Wilson and Thomas Goldson as his securities who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of five hundred dollars to be bond of their respective goods and chattels, lands and tenements to be void on condition that whereas the said John W. Golston stands indicted in the Greene Circuit Court for Grand Larceny and has taken a Change of Venue to the Circuit Court of Dallas County. Now if the said John W. Golston shall be and make his personal appearance before the Judge of the Dallas Circuit Court at the Court House in Buffalo on the first day of the next term of this Court which commences on the second Monday after the fourth Monday in August next and answer said Bill of Indictment and not depart said Court without leave.
p 740/741.
State of Missouri Plaintiff
vs Felonious Assault
Thomas J. Orr Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant being three times called comes not but herein makes default and it appearing to the Court that on the 11th day of January 1866 the said Thomas J. Orr as principal and J.L. French entered into a recognizance before the Judge of this Court during the January Term 1866 in the sum of five hundred dollars to be void on condition that the said Thomas J. Orr
(continued)
154
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 740/741 (cont)
be and make his personal appearance before the Judge of this Court on the first day of the present term and answer a Bill of Indictment herein pending before this Court for a Felonious Assault and not depart said Court without leave, and the said J.L. French being also three times called and required to bring into Court the body of Thomas J. Orr in accordance with his said recognizance comes not but also makes default. It is therefore adjudged by the Court that the said recognizance of the said Thomas J. Orr and J.L. French be forfeited to the State of Missouri and that a scira facias issue notifying the said Thomas J. Orr and J.L. French to be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which will commence on the third Monday in January 1867 and show cause if any they have why said forfeiture shall not be made final and Judgment be rendered against them for said sum of five hundred dollars and costs.
p 741.
State of Missouri Plaintiff
vs Assault With Intent To Kill
James Robertson Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant being three times called comes not but makes default, and it appearing to the Court that the said Defendant, James Robertson, as principal and Leonidas A. Robertson and Allen G. Biggs as his securities, did on the __ day of 1866 enter into a recognizance before John Bigbee, a Justice of the Peace for Campbell Township, Greene County Missouri in the sum of $1500 to be levied of their goods and chattels, lands and tenements to be void on condition that the said James Robertson be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the present Term of said Court and answer to a Bill of Indictment preferred against him for an assault with intent to kill and not depart said Court without leave. And the said Leonidas A. Robertson and Allen G. Biggs being also called and required to bring into Court the body of said James Robertson in accordance with the said recognizance also make default and come not nor bring the body of said Robertson. It is therefore considered by the Court that the said recognizance be forfeited to the State and that a scira facias issue to the said James Robertson , L.A. Robertson and Allen G. Biggs, notifying them to be and appear before the Judge of this Court on the first day of the next term thereof and show cause if any they have why said forfeiture should not be made final and Judgment rendered against them for said sum of $1500 and costs.
p 741/742.
State od Missouri Plaintiff
vs Forfeiture Recognizance
W.F. Simpson Defendant
Now at this day comes the Circuit Attorney who prosecutes and by leave of Court dismisses this cause as to W.F. Simpson and Naomi Simpson. And it appearing to the Court that the said M.A. Patterson and John J. Laughlin have been duly served with a scira facias as the Law requires and having failed to show any cause why the forfeiture of recognizance heretofore taken should be set aside. It is considered by the Court that the same be made final and absolute. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the said Martha A. Patterson and John J. Laughlin the said sum of three hundred dollars and also her costs and that she have execution therefor.
p 742.
Ordered that Court adjourn until tomorrow morning at 9 o'clock. R.W. Fyan Cir Judge
155
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
Wednesday July 25th 1866.
Court met persuant to adjournment. Present same as on yesterday.
Now at this day it is ordered by the Court that the case of Daniel Chandler against Hiram Kite be entered on the Docket for the present Term of this Court.
State of Missouri Plaintiff
vs Indictment
E.C. Tuck Defendant
Now at this day comes into Open Court in his own proper person E.C. Tuck, a resident of Greene County in this State and presents his petition to this Court wherein he prays to be relieved from any and all disqualifications and disabilities incurred by him under the Third Section of the Second Article of the Constitution of the State of Missouri by reason of Acts of and Hostility towards the Government of the United States and that the State of Missouri which Acts an in said petition specifically set forth and it appearing to the satisfaction of the Court that since the commission by the said Tuck of the Rebellious Acts aforesaid he, the said petitioner, did voluntarily enter into the military service of the United States and after continueing therein was honorably discharged therefrom and since such discharge has demeaned himself in all respects as to a Loyal and Faithful Citizen. It is therefore considered by the Court that said E.C. Tuck petitioner as aforesaid be relieved from all the disqualifications and disabilities incurred by him under the Third Section of the Second Article of the Constitution of the State of Missouri and in consequence of the rebellious acts aforesaid and that said petition be restored to all things by him lost by reason thereof.
p 743.
State of Missouri Plaintiff
vs Recognizance of State Witnesses
J.W. Goldston Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and James Orr and W. Orr, Isaac Dyer, H.C. Cain and Charles Hooper 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 on condition that they shall be and appear before the Judge of the Circuit Court of Greene County, Mo., on the first day of the next term thereof which will be began and held at the Court House in the city of Springfield in said County on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.
Now at this day it is ordered by the Court that J.J. Gravelly be permitted to sign the Roll of Attorneys.
State of Missouri Plaintiff
vs Attachment for Witnesses
John Maloy Defendant
Now at this day that an attachment issue in the above cause for Nelson Knight, J.W. Gibson, Charles Brown, N. Walker, Robert McFarland, C. Cates, James Meadows, Thomas Holland, Francis Ashaus, witnesses for Defendant in the above cause returnable to the present Term of this Court.
Now at this day it is ordered by the Court that an attachment issue against Julius Wagoner for a contempt of Court in not attending as a Juror after having been regularly summoned as a Juror, returnable to the next term of this Court.
156
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 744.
State of Missouri Plaintiff
vs Change of Venue
Albert Stanley Defendant
Now at this day comes the Defendant in the above cause by his attorney and by leave of Court files his application and affidavit for a Change of Venue in the above cause.
Now at this day comes the Grand Jury into Open Court and through their foreman and in the presence of the rest of the Jurors return into Court seven True Bills of Indictment. And having other business before them retire to consider of their presentments and said Indictments viz (Seven in all State against _______(no names) are ordered by the Court to be filed and capias issue returnable instanter at the present term of this Court.
State of Missouri Plaintiff
vs Indictment
Harvey Steele Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his Petition asking to be allowed the benefit of an Act Concerning Insolvent Debtors.
p 745.
State of Missouri Plaintiff
vs Indictment
Harvey Steele Defendant
Now at this day comes on the motion to be heard heretofore filed by the Defendant asking to be allowed the benefit of an Act Concerning Insolvent Debtors and the Court being fully advised of and concerning the same the petition of the Defendant is Sustained and said Defendant ordered to be released from further custody of the Sheriff in this behalf.
p 745/746.
Ebenezer Phillips Plaintiff
vs Order Publication
A. Hossman et al Defendants
Now at this day comes the Plaintiff in the above entitled cause by his attorney before the Judge of the Circuit Court of Greene County and it appearing to the satisfaction of the Court that F.T. Frazier, Augustus Simons and Caleb Taylor are nonresidents of this State so that the ordinary process of Law cannot be served upon them, It is therefore ordered by the Court that publication be made in the Weekly Missouri Patriot, a weekly newspaper published in this State for four weeks successively the last insertion thereof being at least four weeks before the first day of the next term of this Court notifying said Defendants that a suit has been commenced against them in the Circuit Court Of Greene County Missouri by petition and attachment, the nature of which is to recover Judgment against Defendants for damages and that unless he be and appear before the Judge of the Circuit Court at the next term thereof which will be begun and held at the Court House in Springfield in Greene County Missouri on the third Monday in January 1866 and on or before the third day thereof, if the term shall so long continue and if not then before the end of the term, and plead answer or demur to Plaintiff's petition the same will be taken as confessed and Judgment rendered against them and the property attached and sold to satisfy the same.
p 746.
State of Missouri Plaintiff
vs Indictment
N.H. Choate Defendant
(continued)
157
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 746 (continued)
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in his own proper person and by his attorney and having been duly arraigned for trial the said Defendant for a plea "says he is not guilty as charged in the Indictment," and of this puts himself upon the Country and the Circuit Attorney doth the like whereuon came a Jury viz Jacob Longcrier, David Headlee, P.J. Wise, William Kershner, Thomas Hagwood, George Dillard, Henry Scholten, William Lyman, John Ellis, George Murrell, T.A. Mills, John Foster, twelve good and lawful men who being duly elected tried and sworn as the Law directs and having heard a portion of the evidence but there not being sufficient time to complete the same they are discharged under orders of the Court until tomorrow 9 o'clock,
p 747.
Ordered by the Court adjourn until tomorrow 9 o'clock.
R.W. Fyan Cir. Judge.
Thursday July 26th 1866
Court met persuant to adjournment. Present as on yesterday.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
R.W. Fyan Cir. Judge
p 748. Friday July 27th 1866.
Court met persuant to adjournment. Present as on yesterday.
No business done. Ordered that Court adjourn until tomorrow morning at half past eight o'clock.
R.W. Fyan Cir. Judge.
Saturday July 28t h 1866.
Court met persuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Indictment for Murder.
N.H. Choate Defendant
Now at this day again comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney as also the Jury empannelled and having heard the evidence upon their oath say "We the Jury find the Defendant not guilty in the manner and form charged in the Indictment." It is therefore considered and adjudged by the Court that the State take nothing by her Writ and that the Defendant be discharged hereof and go hence without day.
p 749.
State of Missouri Plaintiff
vs Petit Larceny
Samuel Cooper Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who presents the recognizance of himself as surety and asks that the sum be substituted in lieu of the recognizance heretofore entered into which is by the Court revised and the recognizance of J.S. McQuerter annulled.
State of Missouri Plaintiff
vs Larceny
George Haley Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute this suit. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her said Writ and that the Defendant be discharged hereof and go hence without day and that a Bill of Costs be certified.
158
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 750
James Boone et al Plaintiff
vs Petition for Partition
Mary Boone et al Defendant
Now at this day comes the parties by attorney and it is ordered by the Court that William Harrelson, Kindred Rose and Marcus Boyd be and they are hereby appointed Commissioners to make partition of the real estate mentioned and report their action to this Court as the Law directs.
Now at this day again comes into Court the Grand Jury and return into Court six True Bills of Indictment which are ordered on file and capiases to issue thereon.
State of Missouri Plaintiff
vs (No. 5) Murder
N.H. Choate Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her said Writ and that Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs (No. 8) Arson
Alfred Bigby Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her said Writ and that Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs (No. 9) Murder
Alfred Bigby Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the State take nothing by her said Writ and that Defendant bedischarged hereof and go hence without day.
p 751.
State of Missouri Plaintiff
vs Grand Larceny
Joshua Creson Defendant
Now at this day comes the Defendant Joshua Creson as principal and George Creson as Security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of five hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said Defendant be and make his personal appearance before the Judge of the Circuit Court of Webster County on the first day of the next Term thereof which will convene at the Court House in Marshfield on the fourth Monday in August and answer to a Bill of Indictment against him for Grand Larceny and not depart said Court without leave.
Clark McDonald Plaintiff
vs Civil Action on Replevin
Thomas J. Bishop Defendant
(continued)
159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 751 (continued)
Now at this day comes the parties by attorney and this cause coming on for a hearing the same being submitted to the Court, the Court sitting as a Jury doth find that the property of mentioned in Plaintiff's petition viz a sorrel gelding, is the property of Plaintiff. It is therefore considered and adjudged by the Court that the said Plaintiff be entitled to return of said sorrel gelding and that he retain the possession thereof.
p 751/752.
State of Missouri Plaintiff
vs Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant, John Mills, being three times called comes not but herein makes default. And it appearing to the Court that on the 11th day of February 1865 the said Defendant, John Mills, as principal and John H. Jenkins and Thomas G. Martin as his securities entered into a recognizance in the sum of one hundred dollars approved by John A. Patterson, the then Sheriff of Greene County, to be levied of their goods and chattels, lands and tenements, to be void on condition that the said John Mills be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the second Monday in July 1865 and answer to an Indictment against him for Selling Liquor Without License and not depart said Court without leave. And it also appearing that said cause had been continued from Term and that said Defendant had not been discharged, whereupon the said John ti. Jenkins and Thomas G. Martin being also three times called and required to bring into Court the body of said John Mills also came not but made default. It is therefore considered by the Court that said recognizance be forfeited to tbe State and that a scira facias issue to said John Mills, John H. Jenkins and Thomas G. Martin notifying them to be and appear before the Judge of the Court on the first day of the next term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and show cause if any they have why said Judgment should not be made final and Judgment rendered against them for said sum of one hundred dollars and costs.
p 752.
Bank of State of Missouri Plaintiff
vs Civil Action
W.F. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly notified of the pending of this suit by personal service of copy of petition and reading the Writ of Summons to and in his hearing more than fifteen days before the first day of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it being founded on an instrument signed by Defendant, the Court doth find from an examination thereof that the Defendant is indebted to Plaintiff in the sum of seven hundred dollars debt and two hundred twenty nine dollars and seventy one cents damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendanther said debt of seven hundred dollars and damages of two hundred twenty nine dollars and seventy one cents and also her costs and that an execution issue therefor.
p 753.
Bank of State of Missouri Plaintiff
vs Civil Action
Samuel Fulbright Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been duly notified by publication in the Missouri Weekly Patriot, a newspaper published in this State for four successive weeks, the last insertion at least
(continued)
160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866.
p 753 (continued)
four weeks before the first day of this Term, and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and being founded on a promissory note signed by Defendant the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $2000 debt a nd $645 damages.It is therefore considered and adjudged that the Plaintiff have and recover of and from Defendant her said debt and damage and also costs. And it further appearing to the Court that on the fourth day of January 1866 a Writ of Attachment was issued by the Clerk of this Court in this cause and on the 5th January 1866 by the Sheriff of Greene County bond on the following real estate viz W 1/2 E 1/2 SE 1/4 Section 34 Township 29 Range 22. It is further ordered that the said real estate be by the said Sheriff sold to satisfy the Plaintiff's demand and a Special Execution issue therefor.
p 754.
Fidelio S. Jones, admin
Wilson Hackney, deceased Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files his motion to amend the Judgment rendered in this cause at the January Term of this Court, 1866, and it appearing to the Court that a mistake has occurred in the entry of said Judgment. It is ordered by the Court that said Judgment be amended and entered now as of the said Term when rendered as follows viz
p755.
Fidelio S. Jones, admin of
Wilson Hackney, deceased Plaintiff
vs
William C. Price Defendant
Now at this day comes the Plaintiff by his attorney and the Defendant having failed to answer the action of the Plaintiff and an interlocutory judgment having been rendered in this cause at the preceding term of this Court and the action being founded on an instrument of writing whereby the demand is as certained and the Plaintiff not requiring a Jury, the inquiry of damages is Submitted to the Court and the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $430.70 andthat by the retention thereof the Plaintiff has sustained damage in the sum of $212.56 and it appearing to the Court that to secure the payment of said debt and damages the said Defendant did on the 14th day of June 1861 mortgage to the said Wilson Hackney therein full life, the following described real estate situate in the County Lots No. one, two,three and four in Block No 4 in Price's Addition to the City of Springfield as the same appears on the plat of said Addition, now on file with the Recorder of said County.It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant the aforesaid sums of $430 debt and $212.56 damages and his costs and charges in this behalf laid out and expended, to be levied of Lots Nos one, two, three and four in Block No four in said Price's Addition to the City of Springfield. And it further appearing to the Court that an Attachment was issued in this cause directed to the Sheriff of this County which on the 18th of May 1865 was levied on Lots No one, two, three & four in Block No. Two in Price's Addition to the City of Springfield. It is further considered by the Court that if the aforesaid mortgaged property be insufficient to satisfy the aforesaid debt and damages and costs, the remainder of the Same shall be levied on Lots No one, two, three and four in Block No two in Price's Addition to the City of Springfield or so much thereof as shall be sufficient to satisfy the reinainder if any of said debt, damages and costs for all of which a special execution may issue.
Ordered that Court adjourn until Monday morning 9 o'clock.
R.W. Fyan Cir Judge
161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 756/757.Monday July 30th 1866.
Court met pursuant to adjournment. Present as on Saturday.
Charles S. Yancey Plaintiff
vs Judgment
George W. Parks Defendant
This day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly notified by publication in the Springfield Journal a weekly newspaper published in the State of Missouri as follows March 26th 1866, April 2nd, 9th and 16th, the last insertion being more than four weeks before the commencement of the present term of this Court and the said Defendant neither pleading,
answering or demurring, the allegations in said Petition are taken as confessed and it appearing from the Petition and papers filed with same that the Defendant, G.W. Parks, on the 10th day of January A.D. 1860 executed to said Plaintiff his three promissory notes payable to said Plaintiff, Charles S. Yancey, Jr., each for the sum of $1333.33 and payable as follows, one on the first day of April 1861 one on the first day of April 1862 and the other on the first day of April 1863, all bearing interest at the rate of 10% per annum from the first day of April 1860. The said Plaintiff executed his Title Bond to the said George W. Parks, by which he bound himself to make a complete Title to the said Defendant, George W. Parks, to the following real estate, to wit: The SW 1/4 of Section 11 Township 29 Range 22, containing 160 acres more or less, which land lies in Greene County, Missouri. The said Bond is conditioned as follows that is in effect that the Title to the above described lands was to be made to said Parks by said Plaintiff, Charles S. Yancey, Jr., as soon as he fully paid off the said notes and it appearing to the said Court that the whole of the above notes remain unpaid and the Court do find t hat the Defendant is indebted to the Plaintiff in the sum of $4000 debt and the further sum of $844.44 damages and it further appearing to the satisfaction of the Court that the said notes were given for a part of the purchase money for said land and it further appearing to the satisfaction of the court that the said George W. Parks, the Defendant is not residing in the State of Missouri. It is therefore judged by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $4000 for his debt and the further sum of $844.44 his damages and his costs of suit, and further that the equitable title to said land which Defendant holds to said land beforeclosed and that the whole of said land be sold or so much thereof as shall be sufficient to pay said debt, damages and costs and that unless the said Defendant appear at the next Term of this Court and show cause to the contrary this Judgment will be made final, until which time this cause is continued.
p 757/758/759.
Robert A.C. Mack & Lucy A.
Mack, his wife Plaintiffs
against Final Decree
Elisha Headlee, pub. Admin, having in
charge the Estate of William McFarland,
deceased, Martha McFarland, widow of
deceased; John Purselly and his wife
Rebecca Purselly; Joseph A. Brown
and Martha Brown, his wife; Harriett
E. Davis; George McFarland; Abner
Galbreath & Nancy C. Galbreath, his
wife; John T. McFarland & James
McFarland Defendants
Now at this day comes on to be heard the above entitled cause, and the several parties
(continued)
162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 757/758/759 (continued)
Plaintiffs and Defendants appearing by attorney and by guardian and consent that partition of the premises hereinafter mentioned be had at the present Term and a Final Decree Herein rendered and it appearing to the satisfaction of the Court from the confession of the said party Defendants that William McFarland died seized in Fee Simple Absolute of the following described real estate situated in the respective counties hereinafter named, to wit: the NW 1/4 of the SE 1/4 and the E 1/2 of the SE 1/4 all in Section 33 Township 29 Range 21and the E 1/2 of the NW 1/4 of Section 35 Township 29 Range 21 all in the SE 1/4 of the NE 1/4 of Section 32 Township 29 Range 21 and the NE 1/4 of the SE 1/4 of the same Section, Township and Range and the NW 1/4 of the NE 1/4 of Section 35 Township 29 Range 21 and the N 1/2 of SW 1/4 Sect 33 Township 29 Range 21 and the W 1/2 of NW 1/4 Section 34 Township 29 Range 21 and the N 1/4 of SW 1/4 Section 33 Township 29 Range 21 and the W 1/2 of NW 1/4 Section 34 Township 29 Range 21 and the SW 1/4 of the SW 1/4 of Section 27 Township 29 Range 21 and the SW 1/4 of NE 1/4 and part of NW 1/4 of SE 1/4 Section 35 Township 29 Range 22 containing 694 acres in Greene County, Mo., and the SW 1/4 of the NE 1/4 in Section 11, Township 45 Range 18 & the NW 1/4 of NE 1/4 Section 14 Township and Range as last aforesaid and W 1/2 SE 1/4 Section 11 Township 45 Range 18 and SW 1/4 SE 1/4 Section 14 Township 45 Range 18 in Morgan County, Mo., containing 200 acres and in Taney County, Mo., the SE fcl 1/4 Section 28 Township 23 Range 19 containing 10.75 acres, containing in all 904 acres and that said Mcfarland left at his death as his children and only heirs at law, the said Lucinda A. Mack, wife of said R.A.C. Mack; Rebecca Purselly, wife of the said John Purselly; Martha Brown, wife of the said Joseph A. Brown; Harriet E. Davis, widow of William P. Davis deceased; George M. McFarland, Nancy C. Galbreath, wife of the said Abner Galbreath; John T. McFarland and James McFarland. The Court doth find ascertain and declare that the persons last aforesaid are each entitled to one-eighth of said real estate subject however to the dower of the Said Martha McFarland, widow of the Said William McFarland, deceased, whom the Court doth find and declare is the widow of Said William McFarland, and as such entitled to the one-third part of the land aforesaid as and for her dower therein for and during her natural life. It is therefore considered by the Court that the dower of the said Martha McFarland, widow of the Said William McFarland, deceased, be admeasured and assigned to her, in the real estate aforesaid, and that a division and partition of the residue of said real estate be had and made among the children and heirsatlaw of the said William McFarland deceased, according to their respective rights and titles as hereinbefore ascertained and declared. It is therefore considered by the Court that William T. Ward, John L. McCraw and Elam P. Gott be appointed commissioners to assign and admeasure the dower of the said Martha McFarland in the premises aforesaid but inasmuch as it also appears to the Court that partition in kind of the said real estate aforesaid cannot be made owing to the nature and amount of the property Saught to be divided and the numbers of the owners thereof. It is therefore further considered that after the dower of the said Martha McFaraland shall have been admeasured and assigned by the Commissioners aforesaid that the residue of said real estate including the seversionary interest in that portion which shall be assigned to said widow for her dower, shall be sold and the proceeds of such sale after deducting costs divided among the heirsatlaw of the said William McFarland according to their respective rights and titles as hereinafter declared, and it further appearing to the Court that the estate of the said William McFarland (of which Elisha Headlee, public admin of Greene County has charged) has not been fully administered and settled and that said estate is charged with more indebtedness than can be realized from the personal assets of said estate. It is therefore further considered that after the deduction of costs and charges that the proceeds of the sale of said premises be paid into the hands of said public admin to be paid out by him to the heirsatlaw of said William McFarland, deceased, according to their respective rights and interests upon the execution to him of the proper refunding bond or bonds, and the Court doth order that Sherwood & Young be allowed the sum of $500 as attorney for bringing this suit and
(continued)
163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 757/758/759 (continued)
that said fee be taxed and allowed as other costs and that the costs of this proceeding be apportioned according to the respective rights and interests of Plaintiffs and Defendants.
p 760.
State of Missouri Plaintiff
vs Murder
John Malloy Defendant
Now at this day comes the Defendant John Malloy as principle and James M. Boren and Joseph M. Jarratt as his securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifteen hundred dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said John Malloy who stands indicted for murder shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next Term thereof which commences on the third Monday in January 1867 at the Court House in Springfield and answer said Bill of Indictment and not depart the same without leave.
State of Missouri Plaintiff
vs Murder
John Malloy Defendant
Now at this day comes Andrew L. McCanse and Coleman Paul who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be bond of their respective goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and testify on the part of the State in the above entitled cause and not depart said Court without leave.
p 761.
State of Missouri Plaintiff
vs Robbery
M. Hughes Defendant
Now at this day it appearing to the Court that the Defendant had failed to find recognizance for his appearance at the Circuit Court of Barry County it is ordered that the order granting a Change of Venue in this cause to the County of Barry be rescinded.
p 762.
State of Missouri Plaintiff
vs Selling Liquor Without License
Jacob Pickle Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant by attorney who for a plea says he is not guilty whereupon comes a Jury vis J. Ellis, A. Fisher, P.J. Wise, M. Puttman, J.S. McQuerter, W.P. Warner, Z. Roberts, Wade Burden, S.M. Gresham, Robert Pate, L. Killough and F. Evans, twelve good and lawful men who being duly elected tried and sworn as the Law requires on their oath say they cannot agree on a verdict. Whereupon said Jury is by the Court dismissed from the further consideration of this Verdict
Now at this day comes John R. Byrnes and by leave of Court files his petition asking to be returned from disabilities under the 3rd Section of the 2nd Article of the State Constitution which said petition is by the Court set for a hearing on Saturday next.
164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 763.
State of Missouri Plaintiff
vs Perjury
Isom W. Faught Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and being duly arraigned for a plea says he is not guilty, whereupon came a Jury vis F.E. Watterson, John Adams, A. Thompson, E.L. Bray, W.J. McDaniel, H. Jones, J.R. Douglas, Jas Gardner, J.M. Kelly, W.P. Warner, Robert Pale, P.J. Wise, twelve good and lawful men who being duly elected tried and sworn as the Law requires having heard a portion of the evidence and there not being time to complete the same, the Jury are discharged under charge of the Court until tomorrow morning 9 o'clock.
Ordered that Court adjourn until tomorrow morning 9 o'clock.
R.W. Fyan Cir. Judge
p 764. July 31st 1866
Court met pursuant to adjournment. Present as on yesterday.
State of Missouri Plaintiff
vs Perjury
Isom W. Faught Defendant
Now at this day again comes the Circuit Attorney, Defendant and Jury, and having heard the evidence adduced by the State and by leave of the Court say "We the Jury find the Defendant not guilty in manner and form charged in the Indictment." 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.
State of Missouri Plaintiff
vs Selling Liquor Without License
John Mills Defendant
Now at this day comes the Defendant into Court and on his application and for cause shown the forfeiture of recognizance in this cause is by the Court set aside and this cause reinstated on the docket and the said Defendant is by order of the Court put in custody of the Sheriff.
p 765.
State of Missouri Plaintiff
vs #1. Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who says for a plea that he is guilty in manner and form charged. It is therefore considered by the Court that the Defendant be fined the sum of twenty dollars for the commission of the offense and it is further considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendanther said fine of twenty dollars and also costs, that execution issue therefor and that the Defendant remain in the custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs #2. Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who says for a plea that he is guilty in manner and form charged. It is therefore considered by the Court that the Defendant be fined the sum of twenty dollars for the commission of the offense and it is further considered and adjudged by the Court that the State of
(continued)
165
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 765 (cont)
Missouri have and recover of and from the Defendanther said fine of twenty dollars and also costs, that execution issue therefor and that the Defendant remain in the custody of the Sheriff until fine and costs are fully paid.
State of Missouri Plaintiff
vs #3 Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who says for a plea that he is guilty in manner and form charged. It is therefore considered by the Court that the Defendant be fined the sum of twenty dollars for the commission of the offense and it is further considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendanther said fine of twenty dollars and also costs, that execution issue therefor and that the Defendant remain in the custody of the Sheriff until fine and costs are fully paid.
p 766.
State of Missouri Plaintiff
vs Grand Larceny
John W. Estes Defendant
Now at this day comes Samuel Smith and Joseph W. Davis who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels, lands and tenements, to be void on condition that they be and make their personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.
D.L. Fulbright Plaintiff
vs Civil Action
Jesse M. Redfearn Defendant
Now at this day comes the Plaintiff by attorney and suggests to the Court the death of the Defendant since the last term of Court and thereupon this cause is continued until the next term of this Court.
p 767.
J.C. Boone et al
vs Civil Action
Elisha Headlee, public admin
Now at this day this cause coming on to be heard and the Court being fully advised of and concerning the premises the said Judgment as rendered by the Court below is by the Court reversed and it is ordered that this cause be remanded to the Probate and Common Pleas Court of Greene Court for a hearing.
Wood & Weaver Plaintiff
vs Civil Action
C.B. Ward, et al Defendants
Now at this day comes the Plaintiff by attorney and says he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed and that the Plaintiff have of Defendant his costs as per agreement and have an execution therefor.
p 768.
State of Missouri Plaintiff
(continued)
166
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
BOOK G
JULY TERM 1866
p 768 (continued)
vs Robbery
M. Hughes Defendant
Now at this day comes George F. Hardin who acknowledges himself to owe and 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 make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.
State of Missouri Plaintiff
vs Manslaughter
George W. Cooper Defendant
Now at this day comes F.L. Milligan and S.B. Rainey who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance before the Judge of the Webster Circuit Court on the first day of the next Term thereof which commences at the Court House in Marshfield on the fourth Monday in August and testify on part of the State in the above entitled cause and not depart said Court without leave.
State of Missouri Plaintiff
vs Perjury
William B. Staley Defendant
Now at this day comes S.H. Julian, F.C. Julian and F.L. Milligan 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 on condition that they be and make their personal appearance before the Judge Of the Court at the Court House in Springfield on the first day of the next Term thereof which commences on the third Monday in January 1867 and testify on the part of the State in the above entitled cause and not depart said Court without leave.
p 769.
State of Missouri Plaintiff
vs Grand Larceny
William Hathoway Defendant
Now at this day comes the Circuit Attorney who prosecutes and the said Defendant being three times called comes not butherein makes default. And it appearing to the Court that the said Defendant by the name of William Hackforth entered into a recognizance in the sum of five hundred dollars with Patrick Daley as his security to be levied of their goods and chattels, lands and tenements to be void on condition that he, the said William Hackforth, Should be and make his personal appearance before the Judge of this Court at the present Term thereof and answer a Bill of Indictment for Grand Larceny and not depart the same without leave, and the said Patrick Daley being also three times called and required to bring into Court the body of the said William Hackworth alias William Hackforth in compliance with said recognizance also comes not butherein makes default. It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and it is further ordered by the Court that a Writ of scire facias issue to the said William Hackworth alias William Hackforth and Patrick Daley notifying them to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the 3rd Monday in January 1867 and show cause if any they have why Judgment should not be against them for said $500 and costs and said forfeiture be made final.
167
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