Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

April Term 1838

p 224.
At a Circuit Court began and held for the County of Green and State of Missouri at the Court House in the town of Springfield on the first Monday in April 1838 it being the 2nd day of the said month. Present: The Hon. Foster P. Wright, C.D. Terrell Clerk and Chesley Cannefax Sheriff.

91
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term of Court 1838.

p 224
John S. Phelps was appointed Prosecuting Attorney Pro Tem in place of Benjamin F. Robinson, absent on account of sickness.
This day came Cornelius D. Terrell Clerk of the Green Circuit Court and offered Louis Polk as Deputy of said Court who was accepted by the Court and sworn accordingly. The Sheriff having returned the States venire for a Grand Jury for the body of the County of Green - John Griffis and John Headley who were summoned as Grand Jurors were excused by the Court. Ephaim Pogue, Lemuel H. Freeman and Bennet Througher were absent.

The Grand Jury were then empannelled Joshua Davis was appointed foreman and took his oath as such and Samuel Downing, Thomas Cardwell, Henry Matlock, John W. Wadlow, William Burford, William P. Smith, Jessee Hickman, Zenas M. Rountree, John R. Guinn, Thomas Galbraith, Randolph Langham, John Toler, Joseph Simmons, Joseph F. Moreton, Thomas H. Boyce, Felix Whittenburg and Japhtha Wallace were sworn as Grand Jurors and having received their charge, they retired.

p224/225

State of Missouri
vs                                                             Indictment for Perjury
William M. Paine
Circuit Attorney says he no longer prosecute this suit.

p 225.
State of Missouri
vs                                                             Indictment for gaming
Samuel B. Orr
Unable locate Orr. Alias capias issued. Continued.

State of Missouri
vs                                                             Indictment for gaming.
R.K. Paine and others.
This day came Simpson T. Sims, one of the Defendants in said case, by his attorney and pleads not guilty as charged in the indictment and puts himself upon the Country and thereforee came a Jury, to wit: R.M. Langston, Geo. W. Reaves, Joseph Burden, John McHaffie, Solomon H. Owens, William McLean, Edward Thompson, James F. Breeze, Jno R. Sturdivant, Robt. Forbes, Washington Wallace, Martin McDaniel, who after being elected tried and sworn in the above case and hearing the evidence and argument of Counsel on both sides, returned into Court here the following verdict that they could not agree in said case and who were accordingly dismissed by the Court.

Bennett Througher appeared and made his excuse for default and was sworn as a Grand Juror for the present term.
Lemuel H. Freeman who was surrirnoned by the Sheriff as Grand Juror and made default appeared and upon sufficient excuse was dismissed from serving as Grand Juror by the Court.

p 226.
Keithley
vs                                                             Trespass on the case
Willis
Defendant filed motion to dismiss. Laid over till tomorrow.

Thomas H. Boyce
vs                                                            
James Raines
motion by Plaintiff to dismiss - overruled.

92
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1838.

p 226.
State of Missouri
vs                                                             Indictment for Gaming.
Simpson T. Sims
This day came the Plaintiff as well as the Defendant thereupon came a Jury, to wit: Jas. Lee, Thos. Hodge, Danl N. Beal, Jas. Kimberland, Ephraim Massey, John Yarborough, Winford G. Townsend, Wm Kindle, Jno. W. Dagan, Alvin Foster, Jas. Y. Warren and Dixon Jeffries who were elected tried and sworn as a Jury in said cause and the evidence being heard, pleadings gone through, retired and returned a verdict of Guilty as Charged in the
Indictment and assessed the damages to six and onequarter cents thereforee it is ordered by the Court that an execution issue for the same, together with all cost accruing in said cause and by order of the Court the said Jury was dismissed.

This day came Samuel Downing one of the Grand Jurors returned by the Sheriff for the body of the County of Green and upon sufficient cause shown was by the Court discharged from farther service as Grand Juror.

p 227.
State of Missouri
vs                                                             Indictment for gaming.
James S. James
This day came the Defendant by his attorney and who said he was guilty in manner and form as charged in the Indictment and puts himself upon the mercy of the Court, who, after hearing the evidence in the said cause assessed the fine to one dollar together with all the cost accruing in the said cause for all of which an execution may issue.

State of Missouri
vs                                                             Indictment for gaming
A.H. Paine
This day came the Circuit Attorney on the part of the State as well as the said Defendant who saith he is not guilty in manner and form as charged in the Indictment and puts himself upon a Jury of his Country and the State does the same, thereupon came a Jury, to wit: A.N. Foly, T.R. Hunt, Jno. McHaffie, Jos. Weaver, Jno. T. Shanks, Jno. Edwards, Ellis E. Morgan, Jno. R. Sturdivant, Claiborn Worsham, Jno. Bolin, N. B. Dunnegan and
Jno. Wills who were elected, tried and sworn as Jurors in the above case, the evidence being heard and the pleadings having been gone through with, the Jury retired and brought in the following verdict "We the Jury find the Defendant Anderson H. Paine Guilty and assess the damages to one dollar" for which an execution may issue together with all cost accruing in said cause, thereupon the Jury was dismissed by the Court.

State of Missouri
vs                                                             Indictment Assault and Battery
Dreury Upshaw
Defendant could not be located in Greene County alias capias to Taney County.

p 228.
Peter Friend
vs                                                             Trespass
Nash and Kimberland
Cause dismissed by Court - costs to Plaintiff.

Tuesday morning April 3rd 1838. Present as yesterday.

Keithley
vs                                                             Trespass
Willis Motion by Defendant to dismiss overruled.

93
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A April Term 1838.

p 228.
State of Missouri
vs                                                             Indictment Affray.
John S. Upshaw
This day came the Circuit Attorney on behalf of the State as well as the said Defendant, who said he is not guilty in manner and form as charged in the Indictment and puts himself upon the Jury of his Country and the State does the same, thereupon came a Jury to wit: S.S. Ingram, G. Leeper, Henry Fulbright, Jas. Kimberland, Dixon Jeffries, Jas. F. Breeze, Jno. Lair, R.M. Langston, Jos. Haden, Wm. Patton, Jno. Wills and John Bolen who were elected tried and sworn as a Jury in the above cause. After hearing the evidence, the pleadings having been gone through with - retired and brought in a verdict that they could not agree - and were then dismissed by order of the Court.

p 229.
State of Missouri
vs                                                             Indictment for gaming
R.K. Paine and others
This day came the Circuit Attorney on behalf of the State of Missouri and the Defendant by his Counsel who saith he is not guilty in manner and form as charged in the Indictment and puts himself upon a Jury of his Country and the State doth the same and thereupon came a Jury, to wit: S.S. Ingram, G. Leeper, H. Fulbright, Jas. Kimberland, Dixon Jeffries, R.M. Langston, Jos. Haden, William Patton, John Wills, A.N. Foly, Jno. C. Boone, Jno. Bolen, who were elected tried and sworn as Jurors in the above cause, having heard the evidence and the pleadings having been gone through with, retired and brought in the following verdict, to wit: "We the Jury find the Defendant R.K. Paine guilty as charged in the Indictment and assess his fine to one dollar" for which together with the cost accruing, an execution may issue, the Jury were then dismissed by the Court.

State of Missouri
vs                                                             Indictment for gaming.
R.K. Paine and S.B. Orr
This day came the Plaintiff by their Attorney and filed their motion for an arrest of Judgment in the said Cause for the following reasons, to wit:
1st Because the offence charged in said indictment is not described with sufficient certainty, and
2nd Because the offence charged in said Indictment is not an indictable offence, which was overruled by the Court.

p 229/230
State of Missouri
vs                                                             Indictment Affray
John S. Upshaw
This day came the Circuit Attorney on the part of the State as well as the said Upshaw, who said he is not guilty as charged in the indictment and puts himself upon a Jury of his Country and the State does the same, whereupon came a Jury, to wit, Andrew Bray, A.S. Bone, Peter Apperson, Claiborne B. Worsham, N.B. Dunegan, Jas. Y. Warren, Alvin Foster, Jos. Burden, A.N. Foly, Jno. W. Dagan, John Laquey and Jno. R. Sturdivant who were elected tried and sworn as a Jury in the above case. Having heard the evidence, the pleadings having been gone through with, retired and brought in a verdict of not guilty as charged in the indictment who were then discharged by order of the Court

p 230.
This day came the Grand Jury in to Court and returned a true bill against Randolph Britt for Murder. Having no farther business before them, were discharged by the Court.

94
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. APRIL Term 1838

p 230.
State of Missouri
vs                                                             Indictment for gaming
R.K. Paine
This day came the Circuit Attorney on the part of the State as well as the said Defendant who said he was not guilty as charged in the indictment and puts himself upon a Jury of his Country and the State does the same. Whereupon came a Jury, to wit: R.M. Langston, Benj. Harper, Wm. Price, Ennis E. Morgan, Archibald Young, Joseph Haden, J.T. Campbell, Jos. Rountree, Jno. T. Shanks, F. Breeze, Jas. Lee and Jno. Holcomb who were elected, tried and sworn as Jurors in the above cause. The evidence having been heard and the pleadings having been gone through with, retired and came in and said they agreed that the Defendant was Guilty as charged but could not agree upon the fine which was assessed by the Court to one dollar to which together with all cost accruing in said cause an execution may issue, whereupon the Jury was dismissed by the Court.

p 231.
Peter Apperson
vs                                                             Appeal
Jos. Rountree
This day came the parties by their attorneys and the Defendant filed his motion for a continuance of said cause and for sufficient reason shown to the Court it is ordered that the said cause be continued until the next term of this Court at the cost of the said Defendant.

James Y. Warren
vs                                                             Trespass
C.A. Haden and others
This day came the parties by their attorneys and the said Defendants puts themselves upon a Jury of their Country as well as the Plaintiff, whereupon came a Jury, to wit: Stephen Blackman, John Bolen, N.B. Dunegan, Elijah Wiley, Jno Laquey, Andrew Bray, Ennis E. Morgan, Jno. R. Sturdivant, C.B. Worsham, Jas. Potter and Larkin Paine who were elected tried and sworn as Jurors in the above cause. The evidence having been heard, the pleadings having been gone through with, retired and brought in a verdict as follows "We the Jury find the Defendants Guilty as charged and assess the damages to twentynine dollars and fiftyeight and onethird cents for which an execution may issue together with all cost accruing in said cause. The Jury were then dismissed by the Court.

p 232.
Wednesday Morning 4th April 1838. Present as yesterday.

State of Missouri
vs                                                             Indictment for gaming
Boyd
Circuit Attorney says no longer prosecute.

State of Missouri
vs                                                             Indictment for gaming
Kinnan
Circuit Attorney says no longer prosecute.

State of Missouri
vs                                                             Indictment for Affray
John W. Jones
Defendant files motion to Quash.

State of Missouri
vs                                                            
John W. Jones
Motion to strike out portion of Indictment - Overruled.

95
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1838.

p 232.
State of Missouri
vs                                                             Indictment for Affray
John W. Jones
Defendant asks to strike out 2nd acct. Overruled.

p 233.
State of Missouri
vs                                                             Indictment for Murder
Randolph Britt
Defendant pleads not guilty - cause continued.

State of Missouri
vs                                                             Affray
John W. Jones
Circuit Attorney no longer prosecute.

Benj. Chapman
vs                                                             Appeal
Benj. Cannefax
This day came the Plaintiff by his attorney and filed his motion to quash the Writ in said cause, which motion was overruled by the Court.

p 234.
Jno. T. Shanks
vs                                                             Appeal
Benj. Cannefax
This day came the parties by their attorneys who said they were ready for trial in the above case and thereupon came a Jury to wit: John Wills, Andrew Bray, Thomas R. Hunt, Anderson H. Paine, Isaac Woods, James James, David 0. George, John P. Campbell, Henry Fulbright, John Lair, James Harper, Charles A. Haden who were elected tried and sworn as a Jury in the above cause. And having heard the evidence, retired and brought in the
following verdict, to wit: "We the Jury find for the Plaintiff $90" together with all the cost accruing in said cause as well in the Court below for all of which an execution may issue. The Jury were then dismissed by the Court.

Benj. Cannefax
vs                                                             Trespass
Benj. Chapman
This day came the Defendant by his Counsel and filed his motion to appoint an Elizon in the above cause, whereupon Nicholas R. Smith was appointed an Elizon in the above cause and was sworn accordingly.

Robert Graham
vs                                                             Injunction
Jacob Lindley
Robert Graham could not be found in Greene County alias Writ issued Barry County

p 235.
Thomas H. Boyce
vs                                                             Appeal
James Raines
This day came the parties by their attorneys and by agreement the decision is submitted to the Judgment of the Court below by giving Judgment for $10 for debt together with all the cost accruing in said cause in this Court as well as in the Court below for which an Execution may issue.

96
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1838.

p 235.
Benjamin Harper
vs                                                             Trespass
John Renno
This day came John Renno and filed his written request that James Lee should act as his guardian ad litem in the above cause and the said James Lee having consented to act as such is appointed by the Court.

p 235/236
State of Missouri
vs                                                             Indictment for Murder
Randolph Britt
And now this day came the Defendant Randolph Britt in to Open Court, Acknowledged himself to owe and stand justly indebted to the State of Missouri in the sum of $5000 and William Townsend, David G. Harris, John R. Sturdivant, Winfon Y. Townsend, Ragland M. Langston, Alexander McKenzie and Wiley D. Brown his securities jointly and severally in the further sum of $5000 to be levied of their respective goods and chattles, lands and tenements, for the use of the State of Missouri, yet to be void upon conditions that the said Randolph Brjtt the above named Defendant shall personally appear on the first Monday after the fourth Monday in July, next, at the Court House in the town of Springfield to answer a charge of said State then and there to be exhibited against him and otherwise abide the decision of the said Court and not to depart the same without leave.

p 236. Thursday Morning April 5th 1838. Present as on yesterday.
State of Missouri
vs                                                             Indictment for gaming
R.K. Paine
Defendant asked arrest of Judgment above cause - overruled .

Benj. Cannefax
vs                                                             Trespass
Benj. Chapman
Defendant filed motion to quash writ in cause. Overruled.

p 237.
John T. Shanks
vs                                                             Appeal
Benj. Cannefax
This day came the parties by their Attorneys into open Court. Thereupon came a Jury of 12 good and lawful men, to wit: John Wills, Andrew Bray, Thomas R. Hunt, A.H. Paine, Isaac Woods, James James, David 0. George, John P. Campbell, Henry Fulbright, John Lair, James Harper and Charles A. Haden who were elected tried and sworn in the above cause and after hearing the evidence, retired and brought a verdict as follows: "We the Jury find for the Plaintiff John T. Shanks the sum of $90 together with all of the cost laid out and expended in the above cause as well in the Court below as in this Court for all of which an execution may issue. Thereupon the Jury were discharged by the Court.

State of Missouri
vs                                                             Indictment for Affray
John W. Jones
Circuit Attorney says he will no longer prosecute this cause.

97
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1838

p 237.
Benj. Cannefax
Trespass
Benj. Chapman
This day came the parties by their attorneys into Open Court and thereupon came a Juryof 12 good and lawful men, to wit: David Y. Harris, Andrew Bray, E.M. Massey, John Yarborough, Archibald Young, Joseph Crutchfield, Isaac Woods, John Bolen, Jonathan M. Harper, James F. Breeze, David Roper and John Toler who were elected tried and sworn in the above cause and part of the evidence being gone through with, the Plaintiff Cannefax moved the Court for a nonsuit, whereupon it is ordered by the Court that the above cause be dismissed and the Jury in the above cause is also dismissed by the Court.

p 238.
Robert Graham Plaintiff
vs                                                             Injunction
Jacob Lindley Defendant
Sheriff Polk County couldnt locate Defendant. Injunction directed to Barry County-

Thomas H. Boyce Appellant
vs                                                             Appeal
James Raines Appellee
This day came the parties by their attorneys and by the agreement a Jury is dispensed with in the above cause which is submitted to the Court for a decision. It is considered by the Court that the Plaintiff recover $10 of the Defendant together with all costs accruing in the above cause in this Court as well as in the Court below, for all of which an execution may issue.

Benj. Harper
vs                                                             Trespass
John Renno
This day came the defendant by his counsel and filed his motion to plead in vacation and to him leave is granted to plead in vacation by giving the Plaintiff's Counsel a copy of said plea at least 60 days previous to the sitting of the next term of this Court.

Benj. Harper
vs                                                             Trespass
William Price
This day came the Defendant by his Counsel and asked to plead specially in the above cause and to him leave is granted by his giving the Plaintiff a copy of the same within 60 days.

p 239.
Druery Merrit
vs                                                             Attachment
Benj. Kimberland
motion to set aside Judgment - continued to next term.

Alvin Foster
vs                                                             Trespass
John Holcomo
And now at this day the said John Holcomb by his attorneys, comes and defends, the force and injury and says he is not guilty of the said supposed trespasses laid to his charge nor any nor either of them or any part thereof in manner and form as the said Alvin Foster hath above complained thereof against him and of this the said John Holcomb puts himself upon the Country and the Plaintiff doth the like.

98
GREENE COUNTY, MISS0URI CIRCUIT COURT CASES

Book A. April Term 1838.

p 239.
A. Keithley
vs                                                             Trespass on the case
Solomon Willis
And the said Defendant comes by his attorneys and defends the wrong and injury and says he is not guilty of the said supposed grievances above laid to his charge in manner and form as the same are above alledged against him and of this he puts himself upon the Country.

John J. Burnett
vs                                                             Motion to retax cost
Wallace and Patterson
This day came the Defendants by their attorney and filed their motion to retax cost in the above cause which motion was sustained by the Court.

p 240.
Alvin Foster
vs                                                             Trespass
John Holcomb
On motion of the Defendant by his counsel, John S. Phelps, leave is granted to the said Defendant to plead in vacation by giving copy of plea to Plaintiff in 60 days.

John Sims
vs                                                             Trespass
Wm. Dysart
Cause ordered dismissed.

John Sims
vs                                                             Trespass
Eljsha Headley
Cause ordered discontinued .

Chesley Cannefax
vs                                                             Account filed
Green County
Thjs day came Chesley Cannefax Sheriff of Green County and presented his account for services rendered to said county amounting to $40 which was examined in Open Court and ordered to be certified to the County Court for allowance.

p 241.
John P. Campbell filed account - rent and fuel for a room for Court - 5 days $20. C.D. Terrell filed account office rent and stationery, etc amounting to $22.75 CD. Terrell filed account case of Manuel Carter/MissRamey - fee bill $21.711/4

William DeGraffenreid
vs                                                             Trespass
Gray Wills and Absolem Luney
This day came the Plaintiff by his attorney and the Defendant Absolem Luney being solemnly called, comes not and makes default. Wherefore it is ordered by the Court that Judgment by default be awarded against said Luney and that a writ of enquiry of damages be issued against Luney returnable to the next term of this Court.

p 242.
C.D. Terrell filed fee bill case Samuel Tease/E.R. Fulbright - gaming $36.55
C.D. Terrell filed fee bill case Simon Francisco/Mary Wallace - $7.421/2
C.D. Terrell filed fee bill case of Samuel Tease/William Price - Gaming- $43.90

99
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. April Term 1838.
p 243.
C.D. Terrell filed fee bill case of Samuel Tease/Charles Tease - gaming - $43.02
C,D. Terrell filed fee bill case of Elijah Carter/Miss Ramey Adultory, Fornication $23.491/2
C.D. Terrell Filed fee bill case R.K. Paine - gaming $9.43 3/4
C,D. Terrell filed fee bill case Edmund Carter/Susan Owens Adultory/Fornication $17.11.

End of April Term 1838.

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