Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

April Term 1836

p 144.
At a Circuit Court commenced and held in the town of Springfield in the County of Greene and State of Missouri on Monday the 25th of April 1836. Present The Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff.

Hosea Mullins foreman, Campbell Stewart, Richard Steel, Kindred Rose, Alexander Patterson, John Wills, William Townsend, James Kimberland, John Burden, Archibald Payne, David Wallace, Elisha Painter, Thomas Potter Jr, Martain Taylor, William Robinson, Joseph Lamasters, Thomas James and Randolph Britt were sworn a Grand Jury for the State of Missouri and County of Greene - and having received their charge - retired.

65
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836.

p 144
John T. Shanks, Christopher McHannon and John W. Ball who were sutmioned as Grand Jurors for the State of Missouri and County of Greene were discharged by the Court hereupon good cause shewn.

This day came Joel Jinkens and Andre B. Guinn in their own and proper persons before the Court here and for good cause shewn, were discharged for non attendance at the last regular term of said Court as Grand Jurors for body of Greene County and the State of Missouri.

Tuesday Morning April 26th 1836. Court met pursuant to adjournment. Present - The Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff.

State of Missouri
vs                                                             Indictment for Perjury
William M. Paine
cause continued--

p 145.
State of Missouri Plaintiff
vs                                                Indictment for selling spirits without a license.
William Dye
cause continued --

State of Missouri
vs                                                             Indictment for Gaming
Samuel Tease
This day came the Defendant in this cause by his attorney and filed his motion to strike from the docket the suits and the said Samuel Tease and all and singular the arguments being heard by the Court - it is ordered that this motion be overruled.

State of Missouri
vs                                                             Indictment for Gaming
Samuel Ervin
Defendant not found. Plurias Capais to Sheriff of Polk County - continued

Samuel Martin, Administrator of Richard C. Martin, Deceased
vs                                                             Appeal
William Dye
This day came the Plaintiff in the above cause by his attorney and moved to dismiss this cause for want of sufficient notice and all and singular the premises being heard by the Court here the motion was overruled.

p 146.
Sam'l Martin, Administrator of
Richard C. Martin, Deceased
vs                                                             Appeal
William Dye
This day came the parties into Court by their attorneys and thereupon came a Jury, to Wit: George R. Rainey, Barton Warren, James Kellog, Joseph Weaver, James Y. Warren, Daniel D. Berry, John Sturdevant, Anderson Paine, John Griffin, David 0. George, Mack Roberts and James A. McCarrol who were tried elected and sworn to try this cause who returned into Court the following verdict: We of the Jury find for the Plaintiff and against the Defendant for the sum of twenty dollars and fourteen cents,

Joseph Weaver, foreman. Whereupon it is ordered by the Court here that the Plaintiff have his (cont)

66
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836

p 146 - cont.
Execution against the Defendant for said Judgment and execution against the Plaintiff for the cost in this Circuit Court as well as the Court below.

William Edwards
vs                                                             Trespass on the Case
James R. Smith
leave granted to amend declaration--

Jacob Lindley
vs                                                             Writ of Injunction
Robert Grayham
leave granted to amend bill of Injunction--

John S. Burnett
vs                                                            
Robert Patterson
This day came the Defendant and his attorney and filed his motion to retax cost in this case.

p 147.
Fulbright and Co
vs                                                             Appeal
Stephen Fisher
Defendant asked for and received continuance--

John Wilson
vs                                                             Mandamus
Greene County
cause dismissed at Plaintiff's request--

James Lunsford
vs                                                             Peace Warrant
Joseph Burden
cause dismissed - Defendant's cost --

John Burden
vs                                                             Certiorari
James Lunsford
This day came the parties by their attorneys and the Plaintiff moved the Court - to reverse the Judgment in the said cause and all and singular the grounds and Premises being understood by the Court it is ordered by the Court that the Judgment be reversed for substantial error in the proceedings and a new trial awarded in the Circuit Court.

p 148.
James D. Watkins
vs                                                             Petition and Sw&nons
John H. Buckhart
This day came the Plaintiff and his Counsel and submitted the above cause to the Court whereupon it is ordered and determined that Judgment be rendered in favor of the Plaintiff and against the Defendant for the sum of one hundred and ten dollars and twenty two dollars damages and that he have Execution for the same together with cost of suit.

67
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836.

p 148.
William Edwards
vs                                                             Trespass on the Case
James R. Smith
This day came the Plaintiff in the above cause by his counsel and made a motion to continue this Cause and amend his declaration and to him leave is granted.

Hester, a woman of colour
vs                                                            
John P. Campbell
This day came the Plaintiff by her attorney and moved to continue this Cause until the next term of said Court. It is ordered that the same be continued.

Wednesday morning April 27th 1836. Same officials present.

John S. Burnett
vs                                                            
Robert Patterson
This day came the Defendant against whom an execution had been issued and made a motion to retax the cost in the said case and it is ordered by the Court here that the cost be retaxed in relation to Lester L. Gillett, a witness in the above Cause, and also that the cost which accrued at the April term 1835 and a continuance in the case of Watson, a witness as above until the next term of this Court.

State of Missouri
vs                                                             Forfeitured Recognizance
Samuel Teas & Jesse Blackwell
demurer for State sustained --

State of Missouri
vs                                                            
Charley Cannefax Sheriff
This day came the Circuit Attorney in behalf of the State of Missouri and the above named Defendant by his counsel and filed his motion to rule the said Sheriff to produce the bodies of Manuel Carter and Elijah Carter or shew cause why he does not and for good cause shewn to the said Court - it is ordered that the said Defendant be discharged.

p 149.
James Lunsford
vs                                                            
John Burden
This day came the parties by their attorneys into Court and thereupon came a Jury, to wit: Thomas Potter, William Dye, Daniel Gray, Benjamin Harper, Samuel G. Martin, Francis Leaper, David 0. George, Gabriel N. Shelton, John Young, Daniel D. Berry, James Y. Warren and Samuel C. Martin (p. 150).
who being tried elected and duly sworn to try this cause returned into Court here the following verdict: "We the Jury find the Defendant not guilty of a forcible entry and detainer as charged against him. Samuel Martin, foreman." Whereupon it is ordered by the Court here that the Defendant have his Executions against the Plaintiff for his costs in this suit expended.

68
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836.

p 150
State of Missouri
vs                                                             Indictment for Gaming
Samuel Tease
Samuel Tease and Junius T. Campbell came into open Court here and Acknowledged themself to owe and stand justly indebted to the State of Missouri in the sum of four hundred dollars that is to say in the sum of two hundred dollars each to be levied of their respective goods and chattles and real estate to be void however upon condition that the said Samuel Tease shall personally appear at the next term of the Greene Circuit Court to answer four indictments prepared against him by the Grand Jury and depart the same without leave of the Court.

This day came Elisha Painter one of the Grand Jurors returned and sworn for this term of the Court for the body of Greene and made excuse that he was sick and not able to perform the duties assigned him as a Juror and was discharged from further duty by the Court.

State of Missouri Plaintiff
vs                                                  Indictment for selling liquor without license.
William Dye Defendant
posted Acknowledgment one hundred dollars to appear at next court--

p 151.
Charles S. Yancey
vs                                                             Appeal
Jacob Lindly
continued until next court--

State of Missouri
vs                                                             Indictment for Larceny
Thomas Duke
Radford Cannefax presented his account for guarding Thomas Duke and Wilson Eidson, State Prisoners, twenty seven days, amounting to twenty seven dollars which was examined in open Court and ordered to be certified to the County Court for allowance.

State of Missouri
vs                                                             Indictment for Larceny
Duke and Eidson
Guion Leeper presented his account for guarding Thomas Duke and Wilson Eidson, State prisoners twenty four dollars. Court said Leeper be allowed thirteen dollars and have his certificate to County Court for allowance

Same
vs                                                            
Same
Janus Lunsford presented his account for hauling said prisoners 4 miles - one dollar and fifty cents.

State of Missouri
vs                                                             Indictment - Grand Larceny
Wilson Eidson
Chesley Cannefax Sheriff of Greene County presented his account for taking the said Eidson to the penetentiary one hundred and eighty miles eighteen dollars to twelve days service in taking the above named convict twenty four dollars and one pair of shoes two dollars amounting to forty four dollars which was examined in open court and ordered to be certified to the Auditor of Publick Accounts for allowance.

69
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836.

p 152.
Following certificates presented for payment--
Ephraim Massey -- guarding said prisoner (Eidson) - thirty dollars
Barton Warren guarding prisoner Eidson - twenty dollars. Court allowed sixteen.
Guion Leeper guarding prisoner Eidson - thirty dollars

p. 153
James S. Allison guarding prisoner Eidson fifteen dollars. Court allowed seven fifty.
C.D. Terrell Clerk of court - seven dollars
Chesley Cannefax Sheriff - three dollars and seventy six cents
Thomas Horn Deputy Sheriff - eight dollars and fifty cents

p 154.
Robert L. McElhaney    witness - two dollars
Henry Fulbright          witness - two dollars
John Sturdivant          witness - two dollars
John B. Williams         witness - five dollars and fifty cents
Barton Warren           witness - fifty cents.

p 155.
State of Missouri
vs                                                             Indictment for Grand Larceny
Wilson Eidson
Wilson Eidson the above Defendant - having been convicted at the Special Term of this Court holden in the town of Springfield in the month of February last - of grand larceny and execution having issued against him for the cost was returned by the Sheriff of Greene County not satisfied and no property found and it is the opinion of the Court that the costs cannot be made of for said Eidson.

Thursday morning April 28th 1936
Same Court Officials. The Grand Jury for the State of Missouri and body of Greene County returned in to Court here:
a true bill against Jacob Lindly for Perjury
a true bill against Charles S. Yancey for misdemeanor in office
a true bill against Lester T. Gillett for Gaming
a true bill against Junius T. Campbell for perjury
a true bill against Ephraim Fullbright for assault with intent to kill
a true bill against John P. Campbell and others - for rioting
a true bill against John P. Campbell for kidnapping
a true bill against James Y. Warren for kidnapping
a true bill against John P. Campbell for suffering a slave to harm himself
a true bill against Samuel G. Martin for assault with intent to kill
a true bill against James A. McCarrol and others - for burglary
a true bill against John P. Campbell for rioting
a true bill against Sidney Ingram for rioting

Having no further business before them, were discharged.

end of page 155

70
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836

p 158
State of Missouri Plaintiff
vs                                                             indictment for adultory and fornication
Manuel Carter Defendant
This day came the Circuit Attorney and says he will no longer prosecute the said suit, whereupon it is ordered by the Court here that the said Defendant go hence without a day.

State of Missouri Plaintiff
vs                                                            
Elijah Carter and Miss Ramey Defendants
And now at this day came the Circuit Attorney and says he will no longer prosecute the above suit, whereupon it is ordered by the Court here that the said Defendants go hence without a day.

State of Missouri Plaintiff
vs                                                            
Edmund J. Carter and Susan Evans Defendants
This day came the Circuit Attorney and says he will no longer prosecute the above suit, whereupon it is ordered by the Court here that the said Defendants go hence without a day.

Cornelius D. Terrell presented his account amouning to $3.871/2, monies received by him in virtue of his office as Clerk of the Greene Circuit Court - which was by the Court here audited and ordered to be certified to the Auditor of Public Accounts.

p 159.
State of Missouri
vs                                                             indictment for larceny
Thomas Duke
John Ingram presented his account for guarding Thomas Duke amounting to $2 which was examined in open Court and ordered to be certified to the County Clerk for allowance.

State of Missouri Plaintiff
vs                                                             indictment for murder
James Cornelius Defendant
John Roberts presented his account as corner for $4. 50----etc as above.

State of Missouri Plaintiff
vs                                                            
James Wood Defendant
John Fulbright presented his account in above case as witness $1.30-- etc as above

State of Missouri Plaintiff
vs                                                            
Martain Fulbright Defendant
John Fulbright presented his account in above case as witness $1.80 -- etc as above

State of Missouri Plaintiff
vs                                                             indictment for grand larceny
Wilson Eidson Defendant
Henry Fulbright presented his account in above case -- $5.75 -- etc as above

p 160
State of Missouri
vs                                                             indictment for grand larceny
Wilson Eidson Defendant
Cornelius D. Terrell present his account amounting to $43 -- etc as above

71
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1836

p 160
Chesley Cannefax presented his account amounting to $6.01, monies received by him in virtue of his office as Sheriff of Greene County which was by the Court here audited and ordered to be certified to the Auditor of Public accounts.

State of Missouri Plaintiff
vs                                                            
Wilson Eidson Defendant
John W. Ball presented his account amounting to $6.121/2 which was by the Court here audited and ordered to be certified to the Auditor of Public accounts.

p 161.
State of Missouri Plaintiff
vs                                                             indictment for murder
James Cornelius Defendant
John Edwards presented his account, guarding in above case, $13 etc as above
Court adjourned till Court in Course C.H. Allen

72

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