Greene County Records

Abstract of Circuit Court Record Books 1833 - 1839

Greene County Archives' Bulletin Number 20 (Second Printing)
September 1992 - [pp. 14-21]


GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

August Term 1834.

Page 34.
At a Circuit Court commenced and held in the town of Springfield within the County of Greene and State of Missouri on the 13th day of August 1834.
Present - The Honourable Chas H. Allen Circuit Judge, Chas P. Bullock Clerk. Ordered that John W. Hancock act as Elizon at the present term in the place of John D. Shannon, resigned.

Joseph Weaver foreman, Samuel Vaughn, John McKinney, Ragland M. Langston, Richard Sass, Amos Richardson, Emit Dooley, Daniel Beal, Sidney Ingram, Christopher McElhannon, Elias W. Walls, Nathan Barnes, Wiley Weatherspoon, William Archer, John Wilkerson, Joseph H. Miller, John Fulbright were sworn a Grand Jury and having received their charge, retired.

State of Missouri Plaintiff
vs                                                             Indictment for gaming
Martin Fulbright & Samuel Teas Defendants
This day appeared the Prosecuting Attorney in behalf of the State of Missouri and it appearing to the satisfaction of the Court that the alias capias in the cause awarded at the last term has not been returned. It is ordered by the Court here upon the motion of the Circuit Attorney that a pluries capias issue directed to the Sheriff of Pulaski returnable to the next term of this Court. Untill which time this cause is ordered to be continued

14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term 1834.

Page 34.
State of Missouri Plaintiff
vs                                                             Indictment Gaming
Samuel Teas & Epraim Fulbright Defendants
This day personally appeared the Circuit Court Attorney in behalf of the State of Missouri and it appearing to the satisfaction of the Court from the return of the Sheriff upon the capias in this cause issued that the Defendants were not found in Greene County and upon motion of Circuits Attorney it is ordered by the Court that the an alias capias do issue returnable to the next term of this Court until which time this cause is ordered to be continued.

State of Missouri Plaintiff
vs                                                             Indictment Gaming
Samuel Teas & Charles Teas Defendants
(Unable locate Defendants - cause continued)

State of Missouri Plaintiff
vs                                                             Indictment for Murder
Isaac Brown, otherwise called Isaac Brant Defendant
Unable locate in Greene County - cause continued)

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Samuel Teas & William Price Defendants
(Unable locate in Greene County - cause continued)

(end page 34)

Page 35.
State of Missouri Plaintiff
vs                                                             Indictment Gaming
Samuel Teas & Charles Teas Defendants
(unable locate in Greene County. Cause continued)

State of Missouri Plaintiff
vs                                                             Indictment for Murder
Isaac Brown, otherwise
called Isaac Brant Defendant
(Unable locate in Greene County. Cause continued generally)

State of Missouri Plaintiff
vs                                                             Indictment Gaming
Samuel Teas & William Price Defendants
(Unable locate in Greene County. Continued until next term of Court)

Page 36.
State of Missouri Plaintiff
vs                                                             Indictment
John Roberts Defendant
(Defendant appeared. Cause continued till next term of Court)

15
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834

page 36.
State of Missouri Plaintiff
vs                                                             Indictment - Adultory and Fornication
John Sandlin & Sarah Sandlin Defendants
(Defendants appeared. Cause set aside and that this cause be continued untill next term of this Court.

State of Missouri Plaintiff
vs                                                             ndictment for Gaming
Elias W. Wallace & Samuel Teas Defendants
(unable to locate in Greene County. Cause continued)

State of Missouri Plaintiff
vs                                                             Indictment Adultory and Fornication
Joseph Applegate & Elizabeth Mackey Defendants
(unable locate Defendants. Cause continued generally)

Page 37.
State of Missouri Plaintiff
vs                                                             Indictment for Pedling
John L. Davis Defendant
(Unable locate in Greene County. Mias Capias issued to Sheriff of Caloway County. Cause continued)

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Martin Fulbright & Samuel Teas Defendants
(Unable to locate in Greene County. Alias Capias issued to Sheriff of Pulaski County. Cause continued.

State of Missouri Plaintiff
vs                                                             Indictment for vending merchandise
Volentine Miller & Abraham Testament Defendants

Page 38.
State of Missouri Plaintiff
vs                                                             Indictment for Murder
John Patterson James Patterson Defendants
James Cornelius
This day came the Prosecuting Attorney in behalf of the State of Missouri and upon the suggestion of the Circuit Attorney it is ordered bt the Court here that an alias capias issue directed to the Sheriff of Howard County returnable to the next term of this Court untill which time this cause is ordered to be continued.

Lavina Waddle Plaintiff
vs                                                             Appeal
Thomas Welch Defendant
(Cause dismissed. Plaintiff recover of said Defendant her costs about appeal in this cause laid out and expended and that the said Plaintiff have execution thereof.)

16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834.

Page 38.
John Sandlin Plaintiff
vs                                                             Trespass
John D. Shannon Defendant
This day came the Defendant in his own proper person and upon motion of said Defendant and for good (page 39) cause shewn it is ordered by the Court that said Plaintiff enter into bond and security to be approved of by the Clerk in vacation in the sum of one hundred dollars, conditional according to law for the payment of all costs that shall accrue in the cause on or before the first day of September next or otherwise this cause stand dismissed.

Alexander Brown Plaintiff
vs                                                             Trespass
John D. Shannon and others Defendants
This day came John D. Shannon one of the Defendants into the above cause and upon motion of said Defendant and for good cause shewn it is ordered by the Court that said Plaintiff enter into bond and security on or before the 15th day of September next to be approved by the Clerk in vacation in the sum of one hundred and fifty dollars conditioned according to law for the payment of all costs that shall accrue in this cause or otherwise dismiss.

John Sandlin Plaintiff
vs                                                             Appeal
Thomas Hill Defendant
This day came the parties by their attornies and upon motion of the Defendant by his Attorney and for good cause shewn it is ordered by the Court here that said Plaintiff enter into bond and security to be approved of by the Court in the sum of one hundred dollars conditioned according to law for the payment of all costs that have or shall accrue in this cause.

Ordered that Court be adjourned until tomorrow morning nine of the clock.
C.H. Allen Circuit Judge

Page 40.
Thursday morning nine of the clock. Court met agreeable to adjournment. Present - The honourable C.H. Allen Judge, Charles P. Bullock clerk, John W. Hancock Elizar

John Welch
vs                                                             Petition
Abner Spence
This day came John Welch by his Attorney and files here his petition - praying the Court for a writ of prohibition to be directed to Abner Spence staying farther Proceeding in the case State of Missouri against John Welch and to recall the execution in said case and that said Abner Spence appear here on the first day of the next term of the Court to shew cause if he can.

State of Missouri Plaintiff
vs                                                             Recognizance
James Woods Defendant
This day came the State's Attorney in behalf of the State of Missouri as well as the said Defendant in his own proper person and the said Defendant files herein his motion to dismiss this cause and discharge him from his said recognizance and the Court heard all the arguments and being fully advised of and concerning the premises it is considered by the Court here that the rnotion is wholly insufficient and that the same aught not to be dismissed nor the said Defendant discharged from this said recognizance.

17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834.

Page 41.

John Sandlin Plaintiff
vs                                                             Appeal
Thomas Hill Defendant
This day came the parties by their attorneys and thereupon came the Jury, to Wit: Peter Apperson foreman, Samuel Panter, Chesley Cannifax, Benjamin Miller, larkin Payne, John Brackin, David Roper, John Cuming, Henry Russell, femuel Blanton, Edward Vaughn and John Ross who were elected tried and sworn and having all the evidence and arguments of Councel retired to consider of their verdict and returned the following verdict, to wit: We the Jury do find that the Defendant did assault in manner and form as the Plaintiff hath alledged against him and do assess the Plaintiff damage to Twelve dollars -Peter Apperson foreman - Thereforee it is considered by the Court that the said Plaintiff recover against the said Defendant the debt aforesaid by the Jurors aforesaid in their verdict aforesaid assess together with costs and that the said Plaintiff have execution thereforee and the Defendant in mercy.

John Sandler Plaintiff
vs                                                             Trespass
John P. Campbell and others Defendants
(Cause ordered continued until tanorrow morning)

Page 42.
William Capps Plaintiff
vs                                                             Trespass
Lunsford Olner and others Defendants
This day came the Plaintiff by his attorney and upon. motion of said Plaintiff thiscause is ordered dismissed. Ordered that John P. Campbell be allowed the sum of one dollar and fifty cents for his attendance on the Grand Jury at the present term.

Thomas Horn Plaintiff
vs                                                             Trespass
John Roberts Defendant
(Cause ordered continued untill the March term this Court) The Grand Jury on this day came in to Court and returned indictment against Henry King and George B. Burross for Gaming, a True Bill, also an Indictment against James S. Wood for malicious mischief, a True Bill, also an Indictment against Simeon Francisco and Mary Mallis for Adultory and Fornication, a True Bill and also an Indictment against Jeremiah R. Yancey for suffering Gambling in his house, a True Bill and having no further business before them were dismissed by the Court.

Page 43.
John Roberts Plaintiff
vs                                                             Trespass
Thomas Horn & William Horn Defendants
This day came the parties by their attornies and the demurrer filed in this cause is sustained by the Court being argued. The Court is of the opinion that the law is with the Plaintiff whereupon the said Defendants by their Attorney on motion has leave to withdraw from plea demurrer and by leave of the Court files herein their amended Plea this cause to which the Plaintiff by his attorney and motion files herein his demurrer to said
(cont)

18
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834

Page 43 (cont)
Defendants said amended plea which demurred after argument of Counsel was sustained by the Court - and this cause is ordered to be continued until the next term of Court. Ordered that Court be adjourned untill tomorrow morning nine of the clock. C.H. Allen Cir Judge

Page 44.
Friday morning nine of the clock. Court met agreeable to adjournment. Present - The Honourable Charles H. Allen Circuit Judge, Charles P. Bullock Clerk, John W. Hancock Elizor.

State of Missouri Plaintiff
vs                                                             Indictment, malicious mischief
James S. Woods Defendant
This day the said James S. Woods to the bar of the Court here presents himself. It is ordered by the Court here that the said James S. Woods enter into recognizance to the State of Missouri in the sum of three hundred fifty dollars with sufficient security in the sum of one hundred and fifty dollars each for the appearance of the said James S. Woods before the Court here to answer the indictment aforesaid and thereupon the said James S. Woods acknowledged himself to our and stand justly indebted into the State of Missouri in the sum of one hundred and fifty dollars and Isaac Woods also present here in Court and who is by the Court here deemed good and sufficient in like manner acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of one hundred and fifty dollars which said sum of money they are each of them acknowledged shall be made and levied of the respective, goods and chattles, lands and tenements to and for the uce of the said State of Missouri in case the said James S. Woods shall not make his personal appearance here before this Court on the first day of our next term of said Court and surrender himself in discharge of this recognizance.

John Sandlin Plaintiff
vs                                                             Trespass
John P. Campbell Defendant
This day came the parties by their attorney and thereupon came a Jury, to wit: Roadharn K. Payne, Owen Cawfield, Henry Box, Edward Vaughn, John Brackin, Joseph Berden, David Roper, Larkin Payne, Stephen Fisher, Archibald Gibson, Joel Jinkens and Jeremiah R. Yancey who were sworn will and truly to try the issue joined in the case and after hearing the evidence and argument of Councel retired to consider of their verdict.

Page 45.
Isaac Woods Plaintiff
vs                                                             Trespass
Stephen Fisher Defendant
(ordered continued to next term)

Alexander Brown Plaintiff
vs                                                             Trespass
John D. Shannon Defendant
(ordered continued to next term)

John Sandlin Plaintiff
vs                                                             Trespass
John D. Shannon Defendant
(ordered continued to next term)

19
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834.

Page 46.
Martin Waddle Plaintiff
vs                                                             Trespass
William C. Campbell Defendant
This day comes the Plaintiff by his attorney and upon his motion this cause is ordered to be dismissed at Plaintiffs cost. Ordered that John W. Hancock be allowed the sum of four dollars and fifty cents for his services as Sheriff at the present term of this Court there no legally authorized Sheriff to be certified to the County Court for allowance and such other fees for services rendered as the Sheriff in such cases as legally entitled and to be paid in like manner by the parties litigant.

Ordered that Court be adjourned untill tomorrow morning nine of the clock. C.H. Allen Cir Judge

Saturday Morning nine of the clock. Court met agreeable to adjournment. Present: The Honourable Charles H. Allen, Court Judge; Charles P. Bullock, Clerk; John W. Hancock, Sheriff.

John Sandlin Plaintiff
vs                                                             Trespass
John P. Campbell and others Defendant
(Cause ordered to be continued until next term)

Elias W. Walls Plaintiff
vs                                                             Petition and Summons
Archilles J. Burnete & James Dollison Defendants

Page 47.
(This cause ordered continued untill next term)

Ordered that John W. Hancock be allowed the sum of six dollars to be certified to the County Clerk for the County of Greene to be accredited and certified to the Treasurer for said County for payment for Jury expenses in the case John Sandler against John P. Campbell and others and for attendance on the Court and Jury the further sum of three dollars to be certified as aforesaid.

Ordered that the Clerk issue the vingre facias for a Grand Jury for the next term of this Court returnable to the Wednesday succeeding the second Monday in December next.

State of Missouri Plaintiff
vs                                                     Indictment for Adultory and Fornication
John Sandlin & Sarah Sandlin Defendants
The said John Sandlin and Sarah Sandlin to the bar of the Court here being brought. It is ordered by the Court here that the said John Sandlin and Sarah Sandlin enter into recognizance to the State of Missouri in the sum of two hundred dollars with two securities in the sum of one hundred dollars each for the appearance of the said John Sandlin and Sarah Sandlin before the Court here to answer the crime aforesaid and thereupon the said John Sandlin and Sarah Sandlin acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the sum of two hundred dollars and Alexander Brown and William Slagle, also present here in Court and who are by the Court here deemed good and sufficient in like manner severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of (cont)

20
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1834

Page 48.
(cont) one hundred dollars each which said sum of money they and each of them acknowledge shall be made and levied of their respective goods and chattles lands and tenements, to and for the uce of the said State of Missouri in case the said John Sandlin and Sarah Sandlin shall not make their personal appearance before the Court here on the first day of the next term of our said Court and from day to day and shall depart the Court without leave thereon. Ordered that Court be adjourned until next term.

21

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