Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

April Term 1837.

p. 179
At a Circuit Court holden for the County of Greene on the first Monday of April in the year of our Lord 1837, in pursuance of an Act of the General Assembly of the State of Missouri. Entitled an act establishing Circuit Courts in this State.

The Honorable Foster P. Wright came into Court and produced his Comission as Judge of the 7th Judicial Circuit of this State which was ordered to be spread on the records of this Court and is in the words and figures issued by Wilburn W. Boggs, Governor of the State of Missouri.

77
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES.

Book A. April Term 1837.

p. 180.
Whereupon a Circuit Court was constituted and held in the town of Springfield in the 3rd day of April 1837. Present - Honorable Foster P. Wright Circuit Judge, C.D. Terrell Clerk, Chesley Cannefax Sheriff.

Grand Jury for County of Greene - Nicholas R. Smith foreman, Edward C. Moore, Daniel B. Miller, William H. Sanford, Peter Apperson, John McHannon, Auther Davis, George R. Rainey, Samuel Lastly, Solomon Owens, Thomas Stokes, William Johnson, Edward Vaughn, Richard Whitlock, John Holcomb, Junius M. Rountree, Miles M. Russell, John Robinson, Jeptha Wallis, Winsford G. Townsend, Robert Wills, Jason Frizzell were sworn for the body of the County of Greene and having received their charge - retired.

This day came Cornelius D. Terrell Clerk of the Greene Circuit Court and offered to the Court here, John S. Waddill as Deputy Clerk which nomination was accepted and confirmed by the Judge.

p 181.
Following filed motions to quash their indictments-

Samuel Tease, E.R. Fulbright, Charles Tease and William Tease.

P 182.
State of Missouri
vs                                                         Indictment. Assault with intent to kill
John Roberts
Judge overruled motion to quash charges--

State of Missouri
vs                                                             Indictment for rioting
John P. Campbell and Sidney Ingram
This day came John Edwards prosecutor in the above case by his attorney and filed his motion to retax the costs in the said cause. Judge ordered said motion lay over till tomorrow.
Upon motion made before the Court here it is ordered that James Winston and George Herd be and they are hereby admitted as Counsellors and Practitioners of Law in the Greene Circuit Court.

A. Younger
vs                                                             Trespass on the case
George Rainey
petition to retax costs in said case--

p 183
State of Missouri
vs                                                         Indictment Assault with intent to Kill
John Roberts
John W. Hancock appointed Elizor for Roberts--

p 183.
John Roberts
vs                                                             Appeal
Charles T. Yancey
This day came the parties by their attorneys and by argument of said parties this cause is submitted to the Court and a Jury dispensed with, and the Court after mature deliberation thereupon doth find for the Defendant. It is thereforee considered by the Court
(cont)

78
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1837.

p 183 - cont.
that the Judgment in this cause before the Justice of the Peace be and the same is hereby reversed and that the said Defendant recover against said Plaintiff his costs by him about his defence in this behalf as well before the Justice of the Peace as in the Court laid out and expended, and the said Plaintiff in mercy.

p184.
Tuesday Morning April 4th 1837

Same Court officials.

John Roberts
vs                                                             Appeal
Charles Yancey
Plaintiff filed for new trial in the above case --
This day, Benjamin F. Robinson on motion was admitted as Attorney at Laws in this Court. He also produced his Comission as Circuit Attorney of the 7th Judicial Circuit which is ordered to be spread on the record of this Court - together with his oath of office.

p 185.
State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Tease and Fulbright Defendants
indictment in this cause quashed --

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Samuel Tease and E.W. Wallis Defendants
Ordered by Judge to be quashed--

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Samuel Teas and W. Price Defendants
ordered by Judge to be quashed--

State of Missouri Plaintiff
vs                                                             Indictment - Rioting
John P. Campbell and Sidney S. Ingram Defendants
And now at this day came Littleberry Hendrick Attorney for John Edwards the Prosecutor in the above cause and made motion to retax costs in said case whereupon it is ordered by the Court that it be continued until next term of this Court.

State of Missouri
vs                                                      Indictment for Assault with intent to kill
John Roberts
cause ordered continued in next term--

p 187.
Dreury Merritt Plaintiff
vs                                                            
Thomas Horn Defendant
asked leave to ament his declaration

79
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1837.

p 188
John Roberts
vs                                                             Appeal
Charley C. Yancey
Plaintiff filed motion for new trial. Over-ruled.

Solomon Cother
vs                                                            
_________ McDaniel
suit dismissed. Costs to Plaintiff--

State of Missouri Plaintiff
vs                                                             Indictment for kidnapping
John P. Campbell & James Y Warren Defendants
And now at this day came the parties into open Court and the above named Defendants saith they are not guilty as in the indictment is charged against them and put themselves upon the County for their Trial and thereupon came a Jury, to wit: Levy Click, John Pettijohn, Martain Butler, J.T. Shankes, A. McKinsie, James Massey, Avanant Hollingsworth, Perry Moore, John Moore, Thomas Elison, David Shannon and Mack Roberts. After hearing the evidence in the above cause the Circuit Attorney said he would no longer prosecute said suit. Whereupon it is ordered by the Court that the Jury be dismissed and the Defendants go hence without a day.

p. 189.
State of Missouri Plaintiff
vs                                                             Indictment assault with intent to kill
John Roberts Defendant
to Court to assign Acknowledgments -- Defendant John Roberts sum of $800, James Lunsford and John Holcom $400 each -

State of Missouri Plaintiff
vs                                                             Indictment for Grand Larceny
Oren Collier Defendant
to Court to assign Acknowledgments -- Defendant Oren Collier $800 and John Roberts and John Holcom $300 each.

p 190.
John Burden Plaintiff
vs                                                             Trespass
Chesley Cannefax,James Lunsford
and others Defendants
Gray Wills appointed Elizor--

Alexander Younger Plaintiff
vs                                                             Trespass
George Rainey Defendant
cause dismissed at Plaintiff's costs--

Same vs                                                             Same-- Defendant asked for retax in above cause--

p 191.
Wednesday April 5th 1837. Present as yesterday.

Stephen Fisher
vs                                                             trespass
John Roberts - Defendant asks court rule Stephen Foster to Security.

80
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1837'

p 191.
Dreury Merritt
vs                                                             Trespass
Thomas Horn -
And now at this day came the Plaintiff into open Court and in the presence of the Counsel for the Defendant amended his declaration by inserting the word "voluntary" therein.

p 192.
Larkin Paine
vs                                                            
Andrew Roler
Plaintiff asks retax in above case--

State of Missouri
vs                                                             Indictment for Larceny
Thomas Duke and Wilson Eidson
Chesley Cannefax presented his account for guarding Duke and Eidson twenty days and twenty nights - $35.

State of Missouri
vs                                                             Forfeited Recognizance
Philip Henson
And now at this day came the Circuit Attorney on behalf of the State of Missouri and the above named Philip Henson being solemnly called comes not but makes default. Thereupon it is ordered by the Court that scrire facias be issued against said Defendant directed to the Sheriff of Pulaski County and also subpoenas for witness in the above cause.

p 193.
C.D. Terrell
vs                                                             Account filed
Greene County
This C.D. Terrell Clerk of the Circuit Court for the County of Greene presented his account for office and furniture for office stationery amounting to $55.05 which was examined in open Court and ordered to be certified to the County Court for allowance.

p 194.JULY TERM 1837.
Fifth Monday in July

The Sheriff having returned the venire for a Grand Jury for the body of the County of Greene: Spencer Clark foreman, Bennett Robinson, John C. Johnson, David T. Taylor, Reas P. Frizzell, Tarlton Logan, William McMellon, J.M. Smith, J.M. Park, Robert C. Harper, Braxton C. Sams, J.N. Adams, John R. Guinn, John H. Akin, James Kimberling, James Washburn, William Mitchell, Jacob Alderman, William Suimners, Archibald Young, Evans Tyler were sworn a Grand Jury for said term of the said Court - and having received their charge,
retired.

Alfred Williamson who was returned by the Sheriff as a grand Juror for this term of the said Court having first been duly sworn was discharged from said duties by the Court on account of being sick.

State of Missouri
vs                                                            
John Roberts
State appoints Josiah F. Danforth as Elizor to surrrnon Jury.

81
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1837.

p 195.
State of Missouri
vs                                                             Indictment for larceny
Orren Collier
John Roberts and John Holcom, recognizants, asked for and received discharge from all further liability for Defendant

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Lester T. Gillett Defendant
Circuit Attorney no longer pursue this case--

p. 196.
Peter Apperson Certiorari
vs                                                            
Sidney S. Ingram
Plaintiff by Attorney motion to dismiss. Motion overruled--

On motion of Benjamin F. Robinson, R.M. Crawford is permitted to practice as an Attorney ex gracio during the present term of this Court.

State of Missouri Plaintiff
vs                                                         Indictment assault with intent to Kill.
John Roberts Defendant
And now at this day came the parties into open Court and the said Defendant John Roberts saith he is not guilty in manner and form as set forth in said indictment and puts himself upon the Country and thereupon came a Jury, to wit: David Roper, Robert Forbus, David Wallace, Thomas Hodges, James Friend, Lemuel Freeman, John Moore, Thomas C. Thomas, Gilbert Mackey, James Mackey, James Garrison, Joseph Porter and Andrew Friend who after having heard the evidence and Counsel in the above case, retired and came into Court and said they could not agree whereupon it was ordered by the Court that the Jury be discharged and this cause continued till next term of this Court.

p 197. Tuesday morning August 1st 1837. Present - same officials.
On motion it is ordered by the Court here that John S. Phelps sign the roll as a practicing attorney in this Court and it is further ordered that said Phelps be and he hereby appointed Circuit Attorney for this term of said Court and was qualified by the Clerk accordingly.

State of Missouri Plaintiff
vs                                                             Indictment Larceny
Orren Collier Defendant
And now at this day came Franklin Trewitt, who having proved to the satisfaction of this Court that the sum of $83 which was returned with the papers in this case to the Clerk of this Court that the amount be paid over to said Trewitt.

p197/198.
State of Missouri Plaintiff
vs                                                          Indictment assault with intent to kill
John Roberts Defendant
Proper security vouched for by Defendant sum of $800 and Joseph Porter and Charles Hatler $400 each.

82
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES.

Book A. April Term 183?.

p 198.
Nicholas Friend
vs                                                             Trespass
Dreury Merritt
And now at this day came the parties and thereupon came a Jury, to wit: Joseph Rountree, Joseph Powell, Aaron Parker, Alfred S. Bone, Arvin Foster, Gujan Leeper, John McHannon, Benjamin F. Butler, David Harris, Martain McDaniel, Daniel N. Beal and Elias Bowers who having heard the evidence and argument of Counsel on both sides retired and returned into Court that they could not agree, thereforee it is ordered that the said Jury be dismissed and this cause be continued until the next term of this Court.

State of Missouri
vs                                                             Assault and Battery
Avanant Hollingsworth
This day came into Court Chesley Cannefax Sheriff of Greene County who returned a copias executed upon the body of Avanant Hollingsworth who appeared in his own proper person together with Henry Fulbright and David Roper his securities he had acknowledged themselves indebted to the State of Missouri, each in the sum of $100 to be levied of their respective goods and chattles lands and tenements for the use of the State, to be void on condition that the said Defendant Avanant Hollingsworth above named shall make his personal appearance at the Courthouse in Springfield on the first day of our next term of said Court which commences the first Monday after the fourth Monday in November next to answer a charge of the State of Missouri then and there to be exhibited against him by the Grand Jury for and assault and battery commiitted upon the body of James Arnold and depart the Court without leave thereof.

p199.
Alex Younger
vs                                                             motion to retax cost
George R. Amey
Plaintiff motion to retax - overruled--

State of Missouri
vs                                                             motion to retax costs
John P. Campbell and Sidney S. Ingram
John Edwards by his attorney filed for retax. Court said costs be retaxed and Edwards have his certificate to County Court for allowance-

p 200.
Jesse Lewis Plaintiff
vs                                                             Slander
James Martain Defendant
This day came the Defendant by his attorney and filed his demurer in the said cause.--

State of Missouri
vs                                                             Recognizance to keep the Peace
John T. Shanks
Ordered by the Court here that the said John T. Shanks the Defendant be discharged from his said Recognizance and it is ordered that the costs to tax to said Shanks.

State of Missouri
vs                                                             Indictment assault with intent to kill
Ephraim Fulbright
And at this day the bill of costs in the above upon a nolli persequi was presented to the Court amounting to $32.22 which was examined and signed by the 3udge and Circuit Attorney and ordered to be certified to the Auditor of Public Accounts for allowance.

83
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1837

p 201.
State of Missouri vs Junius T. Campbell for Indictment for Perjury
Bill of costs for above cause presented $31.46.

State of Missouri vs John P. Campbell and James T. Warren Indictment for kidnapping-
Bill of costs for above cause presented --$38.23--

State of Missouri vs James A. McCarroll and others indictment of Burglary
Bill of costs presented for above case -- $38.21--

p 202.
State of Missouri vs Samuel Martain indictment assault with intent to kill
Bill of costs presented for above case $33.69.

State of Missour vs Alexander Hollingsworth Recognizance to keep the Peace
Court orders Defendant released from Recognizance and pay costs accruing before the Justice of the Peace for whom said recognizance was taken and that James Arnold esq for whose benefit said recognizance was taken pay the costs accruing in this court

p 203. Wednesday August 2nd 1837. Same officials.
Continuances for causes of Peter Apperson vs Joseph Rountree and Peter Apperson vs Sidney S. Ingram.

Jesse Lewis
vs                                                             Trespass
James Martin
Plaintiff by his attorney came into Court and dismissed his suit wherefore it is considered by the Court that Jessie Lewis the Plaintiff above named pay the costs in this behalf expended for all of which execution may issue.

84

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