Springfield-Greene
County LibrarySeptember Term 1855
Monday 10 Sept. First Day.
Be it remembered that at a regular term of the Greene County Circuit Court began and held at the Court House in the city of Springfield on the second Monday of September 1855 there was present: Charles S. Yancey Circuit Judge Samuel Fulbright Sheriff of Greene County H.G. McCracken Clerk
Now at this day Samuel Fulbright Sheriff returns into Court the venire or panel of Grand Jury for the September Term of this Court, to wit: Samuel Piper 1., Richmond Johnson 2., William S. Wilks 3., Mathis Kelly 4., B.L. Reynolds S., John G. Bradshaw 6. Samuel McDaniel 7., Henry Small 8., Josiah Cunningham 9., Anderson H. Payne 10., A.L. Galbraith II., John W. Hancock 12., John Robertson 13, Hosea Mullins 14., Isaac Hendrick 15., Jesse Faulkner 16., Benjamin Atkison 17, Seventeen good and lawful men being duly elected sworn and charged retired under charge of the Sheriff to consider their presentments. The said A.H. Payne, Juror aforesaid, being appointed and sworn as foreman of said Grand Jury.
p 262.
J.R. Barrell, F.L. Barrell L.D. Sims and S.F. Sims by
G.R. Barrell their guardian Petition For Partition
M.L. Abernathy, N.J. Abernathy Pauline Sims, S.J. Headlee
(continued)
93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855.
p 262 (continued)
Pauline Sims, S.J. Headlee Guardian of R.N. Sims.
John N. Dysart Guardian for Mary N. Sims and R.P. Sims
Plaintiffs Expartee
Now at this day comes the Petitioners by their attorney and files their petition praying the Court to appoint commissioners to make partition of the real estate of Robert W. Simms deceased. And all and singular the premises being seen and by the Court fully understood, it was ordered by the Court that Horace Snow, R.G. Abernathy and John L. McCraw be appointed Commissioners to make partition of said estate according to the prayer of said petition.
State of Missouri Plaintiff
vs Felonious Assault
Terry G. Price Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute his said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 262-263.
State of Missouri Plaintiff
vs Indictment For Murder
John A.J. Lea Defendant
Now at this day comes A. Hollingswortb, Tolbert Mayfield, T.T. Mayfield, David Henderson, W.H. Otto, John S. Waddill and Littleberry Hendricks, securities of said Defendant and delivered the body of the said Defendant up to the Court and it is therefore ordered that the said securities be released from all liabilities on their said recognizance.
State of Missouri Plaintiff
vs
John A. J. Lea Defendant
Now at this day comes the Defendant John A.J. Lea, Tolbert Mayfield, F.J. Mayfield, David Henderson, W.H. Otter, John S. Waddill and Littleberry Hendrick in to Open Court and acknowledge themselves to owe and stand justly indebted unto the State of Missouri in the full sum of five thousand dollars to be levied upon their goods and chattles lands and tenements to be void upon condition that the said John A.J. Lea shall make his personal appearance from day to day at the present term of this Court to answer an Indictment preferred against him for Murder and not depart hence without leave.
p 263.
State of Missouri Plaintiff
vs Gaming
John Layton Defendant
Now at this day comes the Circuit Attorney who prosecutes in the behalf for the State of Missouri as well as the Defendant by his attorney who says for a plea that he cannot deny but that he is guilty as charged in the Indictment and puts himself on the Mercy of the Court. It is therefore ordered and adjudged by the Court that the said Defendant be fined in the sum of $10 for the commission of said offense. It is therefore ordered that the State of Missouri have and recover of and from the said Defendant
(continued)
94
GREENE COUNTY, MISSOURI, Curcuit Court Cases
Book D.
SEPTEMBER TERM 1855
p 263 (continued)
the said sum of $10 her fine together with his cost laid out and expended for which execution may issue with a capias clause.
p 264 - nil
p 265.
State of Missouri Plaintiff
vs Gaming
Harvey Neaves Defendant
Now at this day comes the Circuit Attorney who prosecutes in the behalf for the State of Missouri as well as the Defendant by his attorney who says for a plea that he cannot deny but that he is guilty as charged in the Indictment and puts himself on the Mercy of the Court. It is therefore ordered and adjudged by the Court that he said Defendant be fined in the sum of $10 for the commission of said offense. It is therefore ordered that the State of Missouri have and recover of and from the said Defendant the said sum of $10 her fine together with his cost laid out and expended for which execution may issue with a capias clause.
Sate of Missouri Plaintiff
vs Gaming
Joseph Pendleton Defendant
Now at this day comes the Circuit Attorney who prosecutes in the behalf for the State of Missouri as well as the Defendant by his attorney who says for a plea that he cannot deny but that he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is therefore ordered and adjudged by the Court that the said Defendant be fined in the sum of $10 for the commission of said offense, It is therefore ordered that the State of Missouri have and recover of and from the said Defendant the said sum of $10 her fine together with his cost laid out and expended for which execution may issue with a capias clause.
p 266.
State of Missouri Plaintiff
vs
Cicero McGinty & A.J. Neaves
Now at this day comes the Circuit Attorney who proSecutes in this behalf for the State of Missouri and says he will not further prosecute his said Suit but will suffer the same to be dismissed. It is therefore ordered and adjudged that the State of Missouri take nothing by his said suit and that the Defendants be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Garnishee
William Webb Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and files his interrogatories propounded to the Defendant touching his in debtedness to Wilford Due a debtor to the State of Missouri for fine and costs by Judgment of this Court.
p 267.
State of Missouri Plaintiff
vs Garnishee
William Webb Defendant
(continued)
95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 267 (continued)
Now at this day comes William Webb by his attorney and by leave of the Court files herein his answer to the interogatories and for an answer says he is indebted to Wilford Due in the sum of $14 now due. It is therefore adjudged by the Court that the said Defendant be allowed five dollars as his fees for answering said garnishee and that the State of Missouri have and recover of and from the said Defendant the sum of nine dollars for whichexecution may issue.
George Canifax, Robert Canifax, et al
Exparte - Petitions for Partition real estate
Now at this day comes the Petitioners by their attorney and moves the Court that an alias order be made ordering the Sheriff to advertise the real estate mentioned in the petition according to Law, and all and singular the premises being seen and by the Court fully understood, it is ordered by the Court that an alias order issue to the Sheriff of Greene County ordering him to advertise according to Law the real estate mentioned by the petitions and that he sell the same during the sitting of the next term of this Court.
State of Missouri Plaintiff
vs Attachment__
B.A. Barnett Defendant
Now at this day comes the Defendant who had been attached as a witness in the case of the State of Missouri vs John A.J. Lea in his own proper person and having shown reasonble cause to the Court for failing to appear at the last term of this Court when duly summoned 50 to do he is by the Court discharged from said Contempt and that he pay the costs of said attachnient for which execution may issue.
p 268.
Ordered by the Court that Sample Orr be permitted to sign the Roll of Attornies.
State of Missouri Plaintiff
vs Attachment
John Franklin Defendant
Now at this day comes the Defendant in his own proper person who had been attached for failing to appear at the last term of this Court when duly subpoenaed so to do and testify in the case of the State of Missouri vs John A.J. Lea and having shown to the satisfaction of the Court good cause for said failure he is by the Court discharged of said contempt.
State of Missouri Plaintiff
vs Attachment
Addison Tennis Defendant
Now at this day comes the Defendant in his own proper person who had been attached as a witness in the case of the State of Missouri vs Wilford Due and having failed to attend when duly subpoenaed and having shown to the satisfaction of the Court reasonable cause for said failure is discharged of said contempt by paying costs of said allegations.
p 269.September 11, 1855
Junius T. Campbell, Sheriff
to Deed
Farmer and Weaver
Now at this day comes James T. Campbell who is known to the Court to be the identical person whose signature appears to an instrument of writing purporting to be a Sheriff's Deed to Joseph Farmer and Joseph J. Weaver for the following described tract or lot of land, viz: the N 1/2 of Lot 23 in Block 2 which was sold by the said J.T. Campbell as
(continued)
96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 269 (cont)
Sheriff of Greene County by order of the Greene County Circuit Court for the purpose of partition among the heirs of Joseph Weaver, Deceased, and the said J.T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged that he executed and delivered the same as his act and deed for the uses and purposes therein expressed.
Junius T. Campbell, Sheriff
to Deed
T.J. Weaver
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose signature appears on an instrument of writing purporting to be a Sheriff's Deed to T.J. Weaver for the following described tract or lot of land viz:the NW 1/4 of Sect 14 TWP 29 Range 22 which said land was sold by said Sheriff by order of the Green Circuit Court for the purposes of partition among the heirs of Joseph Weaver, deceased, and the said Junius T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged that he executed and delivered the same for the uses and purposes therein mentioned.
p 270.
J.T. Campbell, Sheriff
to Deed
Farmer, Weaver, Haden
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to C.A. Haden, Joseph Farmer and Joseph J. Weaver for the following described tract or parcel of land, viz: the NW 1/4 of the NW 1/4 of Sect 11 and the E 1/2 of the NE 1/4 of Sect 10 and the NW 1/4 of NE 1/4 of Sect 10 and the NE 1/4 of NW 1/4 of Sect 10 and the SW 1/4 of the SW 1/4 of Sect 3 also the SE 1/4 of the SW 1/4 of Sect 3 all in TWP 27 Range 21 and the said J.T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein mentioned.
Junius T. Campbell, Sheriff
to Deed
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to Joseph J. Weaver for the following described tract or parcel of land, viz: the SW 1/4 of the SW 1/4 of Sect 3 and the SE 1/4 of SE 1/4 of Sect 4 TWP 29 Range 22. The said Junius T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged the same to be his act and for the uses and purposes therein expressed.
Junius T. Campbell
to Deed
William B. Farmer
Now at this day comes Junius T. Campbell who is known to the Court as the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to William B. Farmer for the following described tract or parcel of land, viz: the SW 1/4 of the NW 1/4 of Sect 15 TWP 29 Range 22 and the said J.T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein expressed.
97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 271.
State of Missouri Plaintiff
vs Indictment For Murder
John A.J. Lea Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said Defendant in his own proper person and it being demanded of him how he would acquit himself of the charges alledged against him in the Bill of Indictment and for a plea says he is not guilty in manner and form as he stands charged in the Indictment and for trial puts himself upon the Country and the Circuit Attorney doth the like whereupon comes a Jury, to wit: John S. Gott 1. P.C. King 2., R.W. Donnell 3, Joseph Winfield 4, W.D. Proctor 5, Alexander Evans 6, J.M. Bailey 7, George D. Blakey 8, William Smith 9, Alfred Houseman 10, Chesley Canifax 11, Joseph D. Haden 12, twelve good and lawful men duly elected tried and sworn to well and truly try the issue formed in this cause. And after hearing a portion of the evidence and there not being time to complete the same were ordered into the hands of the Sheriff until tomorrow morning.
State of Missouri Plaintiff
vs Contempt
Barrett Lemmons Defendant
Now at this day comes the Defendant who had been duly summoned as a Juror in the case of the State of Missouri vs John A.J. Lea on an Indictment for Murder and it appearing to the Court from examinations of the Defendant that the Defendant had erroniously heard witnesses in the cause converse about the facts thereby disqualifying himself as a Juror in said cause. It is therefore ordered by the Court that the said Defendant be fined in the sum of $10 for contempt of Court and was ordered into the custody of the Sheriff until the sum is paid.
p 271/272
State of Missouri Plaintiff
vs Contempt
A.P. Cates and John Hunt Defendants
Now at this day the Defendants hereby summoned to serve as Jurors in the cause of the State of Missouri vs John A.J. Lea and being three times solemnly called comes not but makes a default. It is therefore ordered by the Court that a rule issue commanding the said Defendants to come into Court and show cause if any they have why they should not be fined for contempt of court.
p 272. Wednesday Morning September 12, 1855.
Mary Wilson and her husband Plaintiff
vs Slander
Peter Ussery Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his petition for a Change of Venue to some other county in this Circuit.
State of Missouri Plaintiff
vs Indictment For Murder
John A.J. Lea Defendant
Now at this day comes the parties in this cause again into Court the said Jury being present the examination of the Witness progressed and there not being time to complete the trial, the Jury were permitted to retire under charge of the Sheriff.
98
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
September Term 1855
p 272.
State of Missouri Plaintiff
vs Attachment
D.A. Lindsey Defendant
Now at this day comes the Defendant in his own proper person who had failed to appear as a witness in the case of the State of Missouri vs John A.J. Lea when duly subpoenaed so to do and having shown was unable to show cause for said failure it is ordered by the Court that he be discharged from the contempt and pay the costs of said attachment for which execution may issue.
p 273.
State of Missouri Plaintiff
vs Attachment
John Flanigan Defendant
Now at this day comes the Defendant who has been duly subpoenaed as a Witness in the case of the State of Missouri vs John A.J. Lea in his own proper person and having shown to the satisfaction of the Court good cause for said failure is hereby discharged.
State of Missouri Plaintiff
vs Indictment for Murder
John A.J. Lea Defendant
Now at this day comes again the parties in this cause as well as the said Jury heretofore empannelled and having heard all the evidence and there not being time to hear the arguments of Council were permitted to retire under charge of the Sheriff.
p 274. September 14, 1855
State of Missouri Plaintiff
vs Indictment for Murder
John A.J. Lea Defendant
Now at this day comes again the parties in this cause as well as the said Jury heretofore empanneled and having heard all the evidence and there not being time to hear the arguments of Council were permitted to retire under charge of the Sheriff.
6th day of Sept Term of Court 15 Sep. 1855.
State of Missouri Plaintiff
vs Indictment For Murder
John A.J. Lea Defendant
Now at this day again come the parties in this cause together with the Jury empannelled in this cause and having heard the arguments of counsel completed and receiving the instructions of the Courts and retired to consider of their verdict and again came into Court and returned the following verdict "We the Jury find the Defendant not guilty as charged in the indictment. Chesley Canifax, foreman." And was by the Court discharged. It is therefore considered by the Court that the State of Missouri take nothing by her said Suit and that the Defendant be discharged hereof and go hence without day.
p 275.
L.J. Morrow Plaintiff
vs Attachment
J.R. Barker Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court this cause is dismissed. It is therefore ordered by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have and recover his costs laid out and expended for which execution may issue.
99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855.
p. 275.
State of Missouri Plaintiff
vs Felonious Assault.
Daniel Gray, et al Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 276.
Wood and Oliver Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this case of M. Conrad vs William C.Price heretofore filed be taken and considered as the answer in this case so far as applicable.
Mathews and Howell Plaintiffs
vs Civil Action
Wm. C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this case of M. Conrad vs Wm. C. Price heretofore filed be taken as the answer in this cause so far as applicable.
Morris S. Hollowell, etc. Plaintiff
vs Civil Action
William C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this case of M. Conrad vs Wm. C. Price heretofore filed be taken as the answer in this cause so far as applicable.
Hiskel & Haskens, etc. Plaintiff
vs Civil Action
Wm. C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this case of M. Conrad vs Wm. C. Price heretofore filed be taken as the answer in this cause so far as applicable.
Caleb Creason, etc Plaintiff
vs Civil Action
Wm. C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this cause of M. Conrad vs Wm. C. Price heretofore filed be taken as the answer in this cause so far as applicable.
p 277.
James S. Bolden Plaintiff
vs Civil Action
Wm. C. Price Defendant
Now at this day comes the parties in this cause by their attorneys and upon agreement it is ordered that the answer of Defendant in this cause of M. Conrad vs Wm. C. Price heretofore filed be taken as the answer in this cause so far as applicable.
100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855.
p 277.
Wilson Hackney Plaintiff
vs Civil Action
Bird Morton Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court files his motion to strike out Defendant's plea in abatement which was by the Court sustained and said plea stricken out.
p 277-278- Divorces - already copied/Published.
p 279.
Bank of Missouri Plaintiff
vs Civil Action
Matthew Potter, T.D. Childress and
James Potter Defendants
Now at this day comes the Plaintiff by her attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process according to Law and the demand being founded on an instrument of writing and the amount determined thereby, and the Defendants being three times solemnly called comes not but makes default. It is therefore ordered and adjudged by the Court that the Plaintiff have and recover of the said Defendants the sum of $75 the am0unt of his debt together with the sum of $6 as his damages for interest as well as for the detention thereof and also costs of suit for all of which executi0n may issue.
p 279/280.
Bank of Missouri Plaintiff
vs Civil Action
John D. Bruin, A.C. McGinty and
R.P. Haden Defendants
Now at this day comes the Defendant by his attorney and dismisses cause as to Debruin and it appearing to the satisfaction of the Court that the Defendants had been served with process according to law and the demand being founded on an instrument of writing and the amount ascertained thereby and the said Defendants being three times solemnly called comes not but makes default. It is therefore adjudged by the Court that the said Plaintiff have and recover of the said Defendants the sum of $240 as his debt together with the sum of $15.90 as his damages and costs of Suit for all of which execution may issue.
p 280.
Bank of Missouri Plaintiff
vs Civil Action
Solomon P. Potter, Thomas D. Childress
and James Potter Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction. of the Court that Defendants had been served with process according to Law and the demand being founded on an instrument of writing and the amount ascertained thereby and the said Defendants being three times solemnly called comes not but makes default. It is therefore adjudged by the Court that the said Plaintiff have and recover of the said Defendants the sum of $240 as his debt together with the sum of $14.50 as his damages and also the costs of this suit for which execution may issue.
Rank of Missouri Plaintiff
vs Civil Action
James Potter, Allen Fulden and
Isaac S. Clarkson Defendants
Now at this day comes the Plaintiff by his attorney and dismisses this cause as to Clarkson and it appearing to the satisfaction of the Court that Defendants had been
(continued)
101
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855.
p 280 (continued)
served with process according to Law and the demand being founded on an instrument of writing and the amount ascertained thereby and the said Defendants being three times solemnly called comes not but makes default. It is therefore adjudged by the Court that the said Plaintiff have and recover of the said Defendants the sum of $200 as his debt as well as the sum of $12 for his damages and also costs of this suit for all of which execution may issue.
p 281.
James T. Johnson, Barton S. Wilson
and Elisha Brown Plaintiffs
vs Civil Action
John Debruin, Raglan M. Langston
and R.P. Haden Defendants
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that Defendants had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby, and the Defendants being three times solemnly called comes not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the said Defendants the sum of $359.30 as his debt as well as the sum of $34.14 as his damages and also cost of this suit for which execution may issue.
John R. Roberts Plaintiff -
vs Civil Action
William M. Weaver and William Fulbright Defendants
Now at this day comes the Plaintiff by his attorney and dismisses this cause as to Weaver, and it appearing to the satisfaction of the Court that the Defendant had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby and the Defendant being thrice solemnly called came not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendants the sum of $200 as his debt as well as the sum of $45 as his damage and also the costs of this suit for which execution may issue,
G.P. Shackleford Plaintiff
vs Civil Action
Wm. M. Jenkins and T.J. Whitlock Defendants
Now at this day comes the Plaintiff by his attorney and dismisses this case as to Jenkins and it appearing to the satisfaction of the Court that the Defendant had been served with process and the deinand being founded on an instrument of writing and the amount ascertained thereby and the Defendant being thrice solemnly called came not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $345 as his debt and also the sum of$14.90 as his damages and also the costs of this Suit for all of which execution may issue.
p 282.
Mark Bray Plaintiff
vs Civil Action
W.G. Bralier, James F. Hornbeak
and John Hornbeak Defendants
Now at this day comes the Plaintiff by his attorney and dismisses this case as to John Hornbeak and it appearing to the satisfaction of the Court that the Defendant had been served with process and the demand being founded on instrument of writing and the
(continued) -
102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 282 (continued)
amount ascertained thereby and the Defendant being thrice solemnly called came not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $217 as his debt as well as the sum of $11.03 as his damages and also costs of this Suit for all of which execution may issue.
Thomas James Plaintiff
vs Civil Action
William G. Roberts and H.M. Parrish Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby and the Defendant being thrice solemnly called came not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendant the sum of $241 as -his debt as well as the sum of $25.30 as his damages and also the costs of this Suit for which execution may issue.
p 282/283
Bank of Missouri Plaintiff
vs Civil Action
William A. Potter, Thomas D. Childress
and James Potter Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby and the Defendants being thrice solemnly called come not but make default. It is therefore adjudged by the Court that the Plaintiff have and recover of the Defendant the sum of $150 as her debt as well as the sum of $10.62 as her damages and also the costs of this suit for all of which execution may issue.
p 283.
Bank of Missouri Plaintiff
vs Civil Action
John Debruin, Raglan N. Langston and R.P. Haden
Now at this day comes the Plaintiff by her attorney and dismisses this cause as to J. Debruin and it appearing to the satisfaction of the Court that the Defendants had been served with process and the demand having been founded on an instrument of writing and the amount being ascertained thereby and the Defendants being thrice solemnly called comes not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover the sum of $28.44 as his damages and also costs of Suit for all of which execution may issue.
p 283/284
Now at this day comes the Grand Jury empannelled on the first day of this Court and returns into Court the following Indictments.
State of Missouri vs Garret Maupin Gaming
State of Missouri vs Garret Maupin Gaming
State of Missouri vs John Banfield and James Mason betting on election
State of Missouri vs Jerome Snow Disturbing Religious worship
State of Missouri vs John Bunch Gaming
State of Missouri vs John Bunch Gaming
State of Missouri vs __________ Forgery
State of Missouri vs A.L. Caldwell Sabbath Breaking
(continued)
103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 283/284 (continued)
State of Missouri vs John Bunch Gaming
State of Missouri vs John Bunch Gaming
State of Missouri vs Elias Roler and Robt. Trimble Gaming
State of Missouri vs Philip Martin & James Crisenberry Gaming
State of Missouri vs Martin G. May and William Webb Gaming
State of Missouri vs A.W. Maupin, et al Gaming
State of Missouri vs Isaiah C. Clayton Selling Liquor Without License
State of Missouri vs Reece Gott Gaming
State of Missouri vs Jack Walker Gaming
State of Missouri vs Jack Walker Gaming
State of Missouri vs __________ Assaulting
Which said bill were by the Court ordered on file and capias issued and there being no further business for the Grand Jury were by the Court discharged. Court adjourned until Monday morning.
p 284 - Monday morning September 17, 1855
Ordered by the Court that in consequence of the sickness of E.B. Boone, the Circuit Attorney, W.H. Atter, be and he is hereby appointed Circuit Attorney, Protem.
State of Missouri Plaintiff
vs Indictment For Taking Possession of Real Estate
Sheppard, Kimbrough and Moss Defendants
Now at this day the motion heretofore filed in this Court to quash the Indictment coming on for a hearing and all and singular the premises being seen and by the Court fully understood, the said motion was by the Court sustained. It is therefore adjudged by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
vs Gaming
Joseph Moody Defendant
Now at this day comes the Circuit Attorney and asks an alias writ in this cause to LaClede County which is by the Court ordered.
p 285.
State of Missouri Plaintiff
vs Felonious Assault
John Foren Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence
without day.
State of Missouri Plaintiff
vs Disturbing Public Worship
John Foren Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence
without day.
104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 285.
State of Missouri Plaintiff
vs Disturbing Public Worship
A.J. Foren Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will not further prosecute her said Suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence
without day.
Samuel Fulbright Sheriff
to Deed
P.H. Edwards
Now at this day comes Samuel Fulbright known to the Court to be the Sheriff of Greene County and the identical person whose name appears on an instrument of writing, purporting to be a Sheriff's Deed for the following described lot or parcel of land, to wit: the SW 1/4 of the NW 1/4 and NW 1/4 of the SW of Section 17 TWP 30 Range 22W and the said Samuel Fulbright acknowledged that he executed the said Deed for the uses and purposes therein mentioned.
p 286.
State of Missouri Plaintiff
vs Forgery
James Sage Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and the said James Sage being three times solemnly called comes not but herein makes default and the said Morgan Sage being also three times solemnly called and required to bring in the body of the said James Sage and he also therein fails to do so, whereupon the recognizance entered into by the said James Sage and Morgan Sage for his appearance at the present term of this court to answer the said Indictment has been forfeited. It is therefore ordered by the Court that the State of Missouri have and recover of the said James Sage and Morgan Sage the said sum of $400 the amount of said recognizance and that a writ of sciri facias issue returnable on the first day of the next Term of this Court causing the said James Sage and Morgan Sage to show cause why an execution should not issue herein.
State of Missouri Plaintiff
vs Attachment
Brigg Sims Defendant
Now at this day comes the Defendant by his attorney and it appearing to the satisfaction of the Court that the Defendant had reasonable cause for failing to appear when subpoenaed so to do is hereof discharged of said contempt and that he pay the costs of said attachment for which execution may issue.
p 287.
State of Missouri Plaintiff
vs Sabbath Breaking
Bennett Briggs Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence
without day.
105
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 288.
State of Missouri Plaintiff
vs Felonious Assault
Joseph Taylor Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute her said suit but will suffer the same to be dismissed, It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be hereof discharged and go hence without day.
p 290
State of Missouri Plaintiff
vs Gaming
David Payne Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his notion to quash the Indictment in this cause and all and singular the premises being seen and by the Court being fully understood was by the Court sustained. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
p 291.
State of Missouri Plaintiff
vs Disturbing Public Worship
Joseph Mason, et al Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his motion to quash the Indictment in this cause and all and singular the premises being seen and by the Court being fully understood was by the Court sustained. It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.
State of Missouri Plaintiff
Felonious Assault
David Steel Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri as also the Defendant in his own proper person and for a plea says he is not guilty and puts himself upon the Country and the Circuit Attorney doth the like, whereupon came a Jury, to wit: L.H. Freeman, J.W. Faught, Robert Williams, W.P. Manning, Jackson Faught, E.C. Cook, Jacob Boughman, A.A. Howard, Edward Moore, George Howard, Archibald Payne and W.L. Hancock, twelve good and lawful men who being duly elected tried and sworn to well and truly the issue joined between the parties and having heard the evidence and argument of the Counsel retired to consider of their verdict and again comes into Court and returned the following verdict, to wit: "We the Jury find the Defendant guilty in manner and form as he stands charged in the second count in the Indictment and assess his punishment at $100 fine and three months imprisonment in the County Jail. We find him not guilty on the first count in the Indictment. L.H. Freeman."
Elizabeth Whitlock Plaintiff
vs Civil Action
Thomas J. Whitlock Defendant
Now at this day comes the Plaintiff by attorney and on motion this cause is dismissed. It is therefore ordered by the Court that the Plaintiff take nothtng by her said suit and pay all costs laid out and expended for which execution may issue.
106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 291.
Charles Bender Plaintiff
vs Security
Wilson Hackney Defendant
Now at this day comes the Defendant by his attorney and the Plaintiff having failed to give security for the costs when ruled to do so this cause is dismissed. It is ordered by the Court that the Plaintiff take nothing by his suit and the Defendant recover hiscosts laid out and expended for which execution may issue.
p 292.
Junius T. Campbell, Sheriff
To Deed
John W. McQuigg
Now at this day comes J.T. Campbell whose name appears to an instrument of writing purporting to be a Sheriff's Deed to John W. McQuigg for the following described tract of land, to wit: the NW 1/4 of the NW 1/4 of Sect 15 TWP 29 Range 22 sold by order of the Circuit Court of Greene County for the purpose of partition among the heirs of Joseph Weaver, Deceased, and he being known to the Court as former Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein mentioned.
p 293.
J.T. Campbell, Sheriff
To Deed
William White
Now at this day comes Junius T. Campbell who is known to the Court as the identical person whose name appears on an instrument of writing purporting to be a Sheriff's Deed to William White for the following described land, to wit: the W 1/2 of the NW 1/4 of Sect 10 and the NE 1/4 of the NW 1/4 of Sect 10 TWP 29 Range 22 which was sold by an order of the Greene Circuit Court for the purpose of partition among the heirs of Joseph Weaver, deceased, and he being known to the Court as the former Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein mentioned.
State of Missouri Plaintiff
vs Indictment for Feloniously Wounding Charles Wade.
David Steel Defendant
This day comes William H. Otter, Circuit Attorney Protem, who prosecutes for the State of Missouri in this behalf as well as the said Defendant in his proper person who was brought in to Court in custody of the Sheriff who was committed for feloniously wounding Charles Wade, and his punishment assessed by the Jury of the payment of one hundred dollars fine and three months imprisonment in the County Jail. It is therefore considered by the Court that the said Defendant make his fine to the State of Missouri in the sum of one hundred dollars assessed by the Jury as aforesaid and that he be imprisoned in the Jail of the County of Greene for the term of three months and that the said State of Missouri have and recover of the said Defendant the said sum of one hundred dollars the fine aforesaid as well as her costs and charges in this behalf laid out and expended and that execution issue therefor,
p 293/294
Junius T. Campbell, Sheriff
To Deed
E.R. Fuibright
(continued)
107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 293/294 (continued)
Now at this day comes Junius T. Campbell who is known to the Court to be the identical person whose name appears to an instrument of writing purporting to be a Sheriff's Deed to Ephraim R. Fulbright for the following described lot or parcel of land, to wit: theSE 1/4 of the NE 1/4 of Sect 15 and the NE 1/4 of the NW 1/4 of Sect 15, also W 1/2 of the SE 1/4 of Sect 9 also E 1/2 of SE 1/4 of Sect 9 TWP 29 Range 22 which was sold by order of the Greene Circuit Court for the purpose of partition among the heirs of Joseph Weaver, Deceased, and the said J.T. Campbell being known to the Court as the former Sheriff of Greene County acknowledged the same to be his act and deed for the purposes therein mentioned.
p 294 - Tuesday Morning September 18, 1955.
State of Missouri Plaintiff
vs Gaming
Elias Roller Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant, who says he cannot deny but that he is guilty as he stands charged in the Indictment and puts himself upon the mercy of the Court. It is therefore ordered and adjudged by the Court that the State of Missouri have and recover of the said Defendant the sum of $10 for her fine and also the costs of this suit for which execution may issue.
p 295.
Josiah P. Cain Plaintiff
vs Civil Action
Thomas Bridges Defendant
Now at this day comes the Defendant by his attorney and the Plaintiff having failed to give security for costs when ruled to do so and on motion this cause is dismissed. It is therefore ordered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of the Plaintiff his costs laid out and expended for which execution may issue.
Thomas J. Bailey Plaintiff
vs Civil Action
William J. Canifax Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that Defendant had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby and the Defendant being thrice solemnly called comes not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of the Defendant the sum of one hundred and
fifty one dollars and sixty cents as his debt and also the sum of sixty seven dollars and seventy four cents as his damages together with his costs laid out and expended for all of which execution may issue.
p 296.
State of Missouri Plaintiff
Felonious Assault
David Steel Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his motion for a new trial in this cause and all and singular the premises being seen and said motion is sustained and a new trial awarded in said cause.
108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 297.
State of Missouri Plaintiff
vs Keeping House Open On Sabbath
Wilford Due Defendant
Now at this day comes W.H. Otter Circuit Attorney Protem who prosecutes in this behalf for the State of Missouri as well as the Defendant who for a plea says he is not guilty and puts himself on the Country and the Circuit Attorney doth the like, whereupon comes a Jury, to wit: James R. Turner, Thomas M. Compton, E.R. Fulbright, B.W. Canifax, James S. Jones, W.P. Cox, J.A. Woods, Charles Sheppard, P.R. Smith, Wm. R. Logan,
Elijah Gray and C.A. Haden, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties. Having heard the evidence and argument of counsel and receiving the instructions of the Court retired to consider of their verdict and again come into Court and return the following Verdict: "We the Jury find the Defendant guilty as he stands charged in the Indictment and assess his
fine at ten dollars, W.B. Logan, foreman." It is therefore ordered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of $10 as her fine and also her costs laid out and expended for which execution may issue.
p 298.
State of Missouri Plaintiff
vs Disturbing Religious Worship
Jerome Snow Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and the Defendant by his attorney and says he cannot deny but he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is ordered by the Court that the Defendant be fined in the sum of one dollar for the commission of the offense. It is therefore adjudged by the Court that the State of Missouri have and recover of the said Defendant the sum of one dollar as his fine and also her costs laid out and expended for which execution may issue.
State of Missouri Plaintiff
vs Gaming
Wilford Due, A. Kissee, Wm. Kissee,
Jackson Kissinger Defendants
Now at this day comes the Circuit attorney who prosecutes in this behalf for the State of Missouri and also the Defendants by their attorney and for a plea says they are not guilty and puts themselves on the Country and the Circuit Attorney doth the like, whereupon comes a Jury to wit: G.W. Sloan, Joseph Moss, R.A. McElhaney, Bryant Winfield,Micajah Craves, C.A. McGinty, Benjamin Hite, J.T. Morton, William S. Gordon, R.C. Doren,
Daniel Chandler and Washington Merritt, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue found between the parties after having heard the evidence and instructions of the Court retired to consider of their verdict and again comes into Court and return the following verdict "We the Jury find that the Defendants are not guilty as charged in the Indictment. Joseph Moss, foreman." It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendants be discharged hereof and go hence without day.
p 299.
State of Missouri Plaintiff
vs Trading with a Slave
John Dunn Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as also the Defendant by attorney and says he cannot deny but he is guilty
(continued)
109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 299 (continued)
as charged in the Indictment and puts himself on the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined in the sum of $20 for the commission of the offense. It is therefore adjudged by the Court that the State of Missouri have and recover of and from the said Defendant the sum of $20 as his fine and his costs laid 0ut and expended for which execution may issue.
State of Missouri Plaintiff
vs Gaming
Wilford Due Arthur Kissee William Kissee
Jackson Kissinger Defendants
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as well as the Defendants by their attorney and for a plea says they are not guilty as charged in the Indictment and put themselves on the Country and the Circuit Attorney doth the like whereupon comes a Jury, to wit: Edward Moore, J.B. Perkins, J. _. Farmer, J.S. Kimbrough, Joel Hunt, Gabriel Freeman, David Kinny, R.B. Owen, W.A.
Shackleford, C.P. Galbraith, William McFarland and D.D. Berry, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties, after hearing the evidence returned to consider of their verdict and again come and return into Court the following verdict: "We the Jury find the Defendants n0t guilty as charged in the Indictment. R.B. Owen, foreman." It is therefore ordered by the Court that the State of Missouri take nothing by her said suit and that the Defendants be discharged hereof and go hence without day.
p 300.
State of Missouri Plaintiff
vs Gaming
Jacob James Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri as well as the Defendant by his attorney and says that he cannot deny but he is guilty as charged in the Indictment and puts himself on the mercy of the Court. It is therefore ordered by the Court that the Defendant be fined in the sum of ten dollars for the commission of the offense. It is therefore adjudged by the Court that the State of Missouri have and recover of and from said Defendant the sum of ten dollars as his fine and also her costs laid out and expended for which execution may issue.
James R. Danforth Plaintiff
vs Civil Action
A.W. Maupin, Thomas D. Childers and
H.R. Jarrett Defendants.
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendants had been served with process and that the demand is founded on an instrument of writing and the amount determined thereby and the Defendants being thrice solemnly called came not but make default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendants the sum of two hundred dollars for his debt and also the sum of twenty six dollars as his damages and also his costs laid out and expended for which execution may issue.
110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 300.
George Dewitt Plaintiff
vs Civil Action
A. Hollingsworth &
Abraham Hollingsworth Defendants
Now at this day comes the parties by attorneys and by leave of the Court the Plaintiff dismisses this cause. It is therefore adjudged by the Court that the said Plaintiff take nothing by his said suit and that the Defendants have their costs laid out and expended for which execution may issue.
p 301.
George Dewitt Plaintiff
vs Civil Action
A. Hollingsworth Defendant
Now at this day comes the parties by attorneys and by leave of the Court the Plaintiff dismisses this cause. It is therefore adjudged by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have his costs laid Out and expended for which execution may issue.
William C. Cavin Plaintiff
vs Civil Action
Ancil Lawson Defendant
Now at this day comes the parties by their attorney and it is agreed by the parties that the Plaintiff have Judgment against the Defendant and that execution not issue until March, next, and that the Plaintiff pay the costs of this suit up to this time. It is therefore ordered by the Court that the Plaintiff have and recover of the said Defendant the sum of $247.50 as his debt and that execution may not issue until the next March Term of this Court and that the Plaintiff pay the costs of this Suit to this time for which execution may issue.
County of Greene (State of Missouri) Plaintiff
vs Civil Action
Wm. R. Britt, R.M. Langston
and J.P.C. Langston Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this suit as to J.P.C. Langston.
County of Greene Plaintiff
vs Civil Action
R.M. Langston and M.E. Langston Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process and the demand being founded on an instrument of writing and that amount ascertained thereby and the Defendants being three times solemnly called come nOt but make default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendants the Sum of $75 for his debt as well as the sum of $40.31 as his damages and costs of suit for all of which execution may issue
p 302
County of Greene Plaintiff
vs Civil Action
Allen H. Mathis, Ezekiel C. Cook
& John S. Waddill Defendants
(continued)
111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES
Book D.
SEPTEMBER TERM 1855
p 302 (continued)
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process and the demand being founded on an instrument of writing and that amount ascertained thereby and the Defendants being three times solemnly called come not but make default. Its therefore adjudged by theCourt that the Plaintiff have and recover of and from the Defendants the sum of three hundred dollars as his debt and also the sum of ninety two dollars and twenty five cents as his damages and also the costs of suit for which execution may issue.
John W. Danforth Plaintiff
vs Civil Action
Joseph Carthal and Benj. W. Canifax Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been served with process and the demand being founded on an instrument of writing and that amount ascertained thereby and the Defendants being three times solemnly called come not but make default. It is therefore adjudged by the Court that the Plaintiff have and recover of and from the Defendants the Sum of eleven hundred dollars as his debt and also the sum of fifty two dollars and eighty cents for is damages and also the costs of suit for which execution may issue.
p 303.
John Dixon Plaintiff
vs Attachment
John McHenry Defendant
Now at this day comes the said Plaintiff by his attorney and shows the Court that he has commenced a suit in petition in debt by attachment in the Greene Circuit Court against the said Defendant and his property and the said Defendant not having been summoned and property and effects having been attached by the Sheriff of Greene County and the said Defendant not having appeared and answered the above at the return term of the writ and within the first six days thereof, it is therefore ordered by the Court that the said Defendant be notified by publication in a weekly newspaper published in the State of Missouri four weeks successively the last insertion to be at least four weeks before the commencement of the next term of this Court that the said suit in petition in Debt by attachment has been commenced against him on a promissary note amounting to three hundred and twelve dollars debt and interest and that his property has been attached to satisatisfy the same and that unless he be and appear at the next term of this Court on or before the third day thereof which coming on the second Monday of March, 1856, Judgment will be rendered against him and his property sold to satisfy the same.
Allen Mitchel Plaintiff
vs Civil Action
John McHenry Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant had been served with process and the demand being founded on an instrument of writing and the amount ascertained thereby and the Defendant being thrice solemnly called comes not but makes default. It is therefore adjudged by the Court that the Plaintiff have and recover of the Defendant the sum of $187.50 for his debt and also sum of $10.31 as his damages and costs of this suit for which execution may issue.
112
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