Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

August Term 1835

Page 104.
At a Circuit Court commenced and held in the town of Springfield in the County of Greene and State of Missouri on Monday the 24th day of August 1835.
Present - The Honourable Charles H. Allen circuit Judge, Cornelius D. Terrile Clerk protem, Thomas Horn Deputy Sheriff.

Thomas J. Whillock foreman, Robert Wilson, David Runnels, David Roper, Sidney Ingraham, Henry C. Morrison, Gabriel N. Shelton, James Garrison, Joseph Kimberland, William Price, John Ray, George Yoacham, Andrew Bass, Edward Vaughn, Nathaniel Kinmberland, John Birden and Archibald Morris were sworn a Grand Jury for the State of Missouri for the body of Greene and having received their charge, retired.

Joseph Birden one of the Grand Jurors for the State of Missouri and County of Greene as returned by the Sheriff - upon good cause shown by the Court here was discharged from the duty aforesaid.

John Wilson esquire presents his commission as Circuit Attorney for the Sixth Judicial Circuit and took the oath of office prescribed by the constitution of this State and thereupon the said John Wilson entered upon the duties of office as aforesaid.

State of Missouri
vs                                                             Indictment for Gaming
Samuel Teas and William Price
This day came tbe Circuit Attorney in behalf of the State of Missouri and the Defendant Samuel Teas being solemnly called to come into Court here according to the tenor of his recognizance comes not, but makes default and the said Jesse Blackwell the cognizor of the said Samuel Teas in the recognizance aforesaid being solemnly called to bring forth into Court here the body of the said Samuel Teas according to the tenor of the said recognizance, bring him not but make default thereforee it is considered by the Court here that the recognizance aforesaid of the said Samuel Teas and Jesse Blackwell be forfeited.

45
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

Page 105
State of Missouri
vs                                                             Indictment for Gaming
Samuel Teas & Elias W. Wallace
This day came th Circuit Attorney in behalf of the State of Missouri and the Defendant Samuel Teas being solemnly called to come into Court here according to the tenor of his Recognizance comes not, but makes default, and the said Jesse Blackwell the Cognizor of the said Samuel Teas in the Recognizance aforesaid being solemnly called to bring forth into Court the body of the said Samuel Teas according to the tenor of the said Recognizance, bring him not but make default thereforee it is considered by the Court here that the Recognizance aforesaid of the said Samuel Teas and Jesse Blackwell be forfeited.

Page 105.
State of Missouri
vs                                                             Indictment for Gaming
Samuel Teas & Charles Teas
This day came the Circuit Attorney in behalf of the State of Missouri and the Defendant Samuel Teas being solemnly called to come into Court here according to the tenor of his Recognizance comes not, but makes default and said Jesse Blackwell (page 106)
the Cognizor of the said Samuel Teas in the Recognizance aforesaid being solemnly called to bring forth here into Court the body of the Samuel Teas according to the tenor of the said Recognizance bring him not but makes default - thereforee it is considered by the Court here that the Recognizance of the said Samuel Teas and Jesse Blackwell be forfeited.

State of Missouri
vs                                                             Indictment for Gairning
Samuel Teas & Charles Teas
This day came the Circuit Attorney in behalf of the State of Missouri and it appearing from the return of the Sheriff upon the capias in this cause awarded that the Defendant Charles Teas could not be found in this county - upon motion of said Attorney it is ordered bv the Court here that a pluries capias be awarded directed to the Sheriff of Pulaski County returnable to the next term of Court untill which time the cause is ordered to be continued.

State of Missouri
vs                                                             Vending Goods
Valentine Miller & Abraham Testament
This day came the Circuit Attorney for the State of Missouri as well as the said Defendant Valentine Miller in his own proper person and for his plea saith he is guilty in manner and form as in the indictment against him is alledged and for his trial puts himself upon the mercy of the Court - thereforee it is considered by the Court here that the said Defendant Valentine Miller make his fine to the State of Missouri by the payment oft wentyfive dollars together with costs - and that he be remanded into the custody of the Sheriff until the fine and costs aforesaid be paid.

State of Missouri
vs                                                             Adultory and Fornication
Edmond J. Carter & Susan Evans
This day came the' Circuit Attorney in behalf of the State of Missouri and it appearing that the Defendants have not been taken upon motion of said Circuit Attorney it is ordered by the Court here that a pluries capias be awarded directed to the Sheriff of Greene County
(cont)

46
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term

Page 107.
(continued.) returnable to the next term of this Court untill which time this cause is orderp.d to be continued.

State of Missouri
vs                                                         Indictment Adultory and Fornication
Manuel Carter & Miss Ramey
This day came the Circuit Attorney in behalf of the State of Missouri and the Defendant Manuel Carter to the bar of the Court here being brought and surrendered by his bail who are by the Court discharged and upon motion of the said Circuit Attorney this cause is ordered to be continued untill tomorrow morning.

State of Missouri
vs                                                         Indictment Adultory and Fornication
Emanuel Carter Miss Ramey &
-- same order as above --

State of Missouri
vs                                                         Indictment Adultory and Fornication
Simeon Francisco & Mary Wallace
This day came the Circuit Attorney in behalf of the State of Missouri and upon his motion this cause is ordered to be continued untill tomorrow.

State of Missouri
vs                                                             Indictment for Gaming
William Loyd
This day came the Circuit Attorney in behalf of the State of Missouri and it appearing from the return of the Sheriff upon the capias in this case awarded that the Defendant could not be found and upon motion of said Circuit Attorney this cause is ordered by the Court here to be continued generally.

State of Missouri
vs                                                             Indictment for Gaming
Samuel Ervin
This day came the Circuit Attorney in behalf of the State of Missouri and it appearing that the pluries capias in this cause has not been served upon motion of said Circuit Attorney it is ordered that a pluries capias be issued returnable to the next term of this Court untill which time this cause is ordered to be continued.

Page 108.
State of Missouri
vs                                                             Larceny
Manuel Carter
This day came the Circuit Attorney in behalf of the State of Missouri as well as the Defendant in his own proper person and upon motion of said Circuit Attorney this cause is ordered to be continued untill tomorrow morning.

State of Missouri
vs                                                            
John Roberts
This day came the Circuit Attorney in behalf of the State of Missouri and says he will not further prosecute this indictment, thereforee it is considered by the Court here that the said John Roberts go hence without day.

47
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term

p. 108
Isaac Woods Plaintiff
vs                                                             Case
Stephen Fisher Defendant
This day came the Plaintiff by his Attorney and asks leave to amend his declaration and to him leave is granted - and this cause is ordered to be continued until the next term of this Court.

Cornelius D. Terrile Plaintiff
vs                                                             Case
James Garrison Defendant
This day came the Plaintiff by his Attorney and asks of the Court here leave to amend his declaration and to him it is granted and this cause is ordered to be continued until the next term of this Court.

Ordered that Court be adjourned until tomorrow morning 9 of the clock.
C.H. Allen

Page 109.
Tuesday morning 9 of the Clock. Court met pursuance to adjournment.
Present the Honourable Charles H. Allen Circuit Judge, Cornelius D. Terrile Clerk Protem, Thomas Horn Deputy Sheriff.

Henry Fulbright Plaintiff
vs                                                             Petition for Writ of Mandamus
Greene County Court Defendant
This day came the Plaintiff by his Attorney and upon his motion this cause is ordered to be dismissed - thereforee it is considered by the Court here that the Defendants recover of the said Plaintiff their costs and charges by them in this behalf laid out and expended and that they have thereof their Writ of Execution.

State of Missouri Plaintiff
vs                                                             Indictment for Adultory and Fornication
Manuel Carter & Miss Ramey Defendants
Miss Ramey r
William Henry, witness, recognized in this cause being solemnly called, comes not - but
makes default - thereforee it is considered by the Court here that the Recognizance
aforesaid of the said William Henry be forfeited.

State of Missouri Plaintiff
vs                                                             Indictment Adultory and Fornication
Manuel Carter Defendants
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant Manuel Carter in his own proper person and for his plea says he is not guilty and for his trial puts himself upon the Court and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Laford French, Gray Wills, Thomas Duke, Jacob Roler, Dreury Merite, Sam'l Lasley, Elijah Bale, Gilley Martin and Logan Snither, who were elected tried and sworn well and truly to try the traversed in this cause. After having heard the evidence and argument Councel returned the following verdicts "We the Jury find the Defendant Manuel Carter guilty of Fornication in manner and form as is in the within indictment alledged and do assess his fine at fifty dollars and do also find he shall be imprisoned six months. John McLehannon Foreman." Thereforee it is considered by the Court here that the said Manuel Carter make his fine to the State of Missouri by the payment of fifty dollars and costs of suit and that he be imprisoned in the jail of the County aforesaid and for and during the term of six months and the said
(Cont.)

48
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term

p. 109/110.
(cont) Manuel Carter is now committed by the Court here to the custody of the Sheriff of the County aforesaid there to be kept in safe custody untill said Judgment be complied with.

P. 110.
State of Missouri Plaintiff
vs                                                         Indictment Adultory and Fornication
Elijah Carter & Miss Ramey Defendants
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant Elijah Carter in his own proper person who for his plea saith he is not guilty in manner and form as in the indictment alledged and for his trial puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: Jesse Noaks, James R. Smith, John W. Hancock, Robert R. White, John W. Ball, Ragland W. Langston, Larkin Payne, Walter Brown, Benjamin Cannefax, Richard Stone, Wiley Harp and Elisha Panter, who were elected tried and sworn well and truly to try the traverse in this cause and after hearing the evidence and argument of Councel, return the following verdict, to wit: "We the Jury find the within Defendant Elijah Carter guilty of Fornication in manner and form as is in the written indictment alledged and do assess his fine to one hundred dollars and do also find that he be imprisoned six months - thereupon it is considered by the Court here that he make his fine to the State of Missouri by the payment of one hundred dollars and all costs and that the said Elijah Carter be imprisoned in the Jail of the County aforesaid for and during the term of six months and the said Elijah Carter is now committed by the Court here to the custody of the Sheriff of the County aforesaid there to be kept in safe custody until said Judgment be complied with.

John S. Burnete Plaintiff
vs                                                            
Elias W. Wallace & Robert Patterson Defendants
This day came the "parties by their attorneys and by consent of parties this cause is ordered to be continued until the next term of this Court at the Defendant's costs.

P. 111.
State of Missouri Plaintiff
vs                                                         Indictment Adultory and Fornication
Simeon Francisco & Mary Wallace Defendants
This day came the Circuit Attorney in behalf of the State of Missouri and it appearing from the return of the Sheriff upon the capias in this cause issued that the Defendants could not be found in Greene County. Upon a motion of said Circuit Attorney it is ordered that a plurius capias do issue directed the Sheriff of Barry County returnable to the next term of this Court untill which time this cause is ordered to be continued.

State of Missouri Plaintiff
vs                                                             Indictment. Horse Stealing.
Manuel Carter Defendant
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant in his own proper person and upon motion of said Court Attorney and for good cause shewn this cause to be continued untill next term of this Court.

State of Missouri Plaintiff
vs                                                             Larceny
Manuel Carter Defendant
James Bevins, witness, recognized in this cause being solemnly called, cones not, but makes default. Thereforee it is ordered by the Court here that the Recognizance aforesaid of the said James Bevins be forfeited.

49
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term

p. 111
James Pool Plaintiff
vs                                                             Assumpsit
Joseph Weaver
This day came the parties by their Attorneys and upon motion of the Plaintiff by his Attorney this cause is ordered to be dismissed at the Plaintiff's cost.

Jesse Noaks Appellee
vs                                                             Appeal
Daniel D. Berry Appellant
This day came the parties by their Attorneys and thereupon came a Jury, to wit: William Rogers, Elijah Williamson, Elisha Bays, William McClain, Samuel Dickson, Joseph Philebar, Alfred Stillon, Wiley Harp, Joseph F. Danforth, Isaac Looney, Elijah Ball and Jack Roler who were elected tried and sworn well and truly to try this cause and after having heard the evidence and argument of Counsel returned here in to Court the following verdict -"We the Jury find for the Plaintiff the sum of fifty dollars the penalty imposed by the Statute - Joseph F. Danforth, Foreman" - Thereforee it is considered by the Court here that the said Plaintiff recover of the said Defendant the sum of fifty dollars as found by the Jury in their verdict aforesaid together with all costs and charges by him in this behalf laid out and expended and that he have thereof his Writ of Execution.

Ordered that the Court adjourn until tomorrow morning 9 of the clock.

Wednesday Morning 9 of the clock. Court met pursuant to adjournment.
Present: The Honourable Charles H. Allen Circuit Judge, Cometias D. Terrell Clerk Protem, Thomas Horn Deputy Sheriff.

George Alexander Plaintiff
vs                                                             Assumpsit
James Smith Defendant
cause dismissed at Plaintiff's costs --

William Payne Plaintiff
vs                                                             Case
Alexander Younger Defendant
dismissed at Defendant's cost--

William M. Payne Plaintiff
vs                                                             Case
Achilles J. Burnete and others Defendants
dismissed at Defendant's cost --

p.113.
Ordered that the following rules be spread upon the records of this Court, to wit: The following is addopted in addition to the rules heretofore entered of record in this court viz --
Any Counsel who shall attempt to argue any point before a Grand Jury contrary to the opinion or instructions of the Court previously given in the cause will be considered guilty of a contempt to the Court and liable to a fine and suspension for ungentlemanly conduct.

John Sandlin Plaintiff
vs                                                             Trespass
John D. Shannon Defendant
This day came the parties by their attorneys and the Defendant files herein his motion to rule the Plaintiff to security and the Court having heard the evidence and all and
(Cont.)

50
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

p 113-(cont) singular the premises being understood by the Court, it is ordered by the Court here that said Plaintiff enter into security in the sum of one hundred and fifty dollars on or before the first day of November next to be approved of by the Clerk in vacation otherwise this cause will be dismissed - and upon a motion of the Plaintiff's attorney this cause is ordered to be dismissed at said Plaintiff's cost.

William Fulbright & Achilles J. Burnete Plaintiffs
vs                                                            
John P. Campbell & John Welker Defendants
Ordered continued next court term --

Jesse Noaks Plaintiff
vs                                                             Trespass
Willis W.G. Berry Defendant
This day came the parties by their Attorneys and the Defendants by their Attorneys filed herein their motions to rule the Plaintiff to give security whereupon the Plaintiff by his Attorney asks leave to sue as a Pauper and to him leave is granted - and this cause is ordered to be continued until next term of Court.

A Grand Jury for the State of Missouri for the body of the County of Greene return here into Court a true bill against John Edward for retailing liquors without a licence- Also a true bill against David O. George for Pedling without a licence - Also a true bill against David O. George for Vending goods without licence - also a true bill against John Roberts a true bill for an assault with intent to kill. Having no further business before them were by the Court discharged.

p 114.
John Roberts Plaintiff
vs                                                             Assumpsit
John P. Campbell Defendant
This day came the parties by their Attorneys and the Plaintiff by his Attorney files his affidavit for a continuance of this cause and for good cause is ordered by the Court here until the next term of this Court.

Druery Merite Appellee
vs                                                             Appeal
William Dye Appellant
This day came the parties by their attorneys and the Plaintiff by his attorney filed herein his motion to dismiss this appeal and all and singular the premises being fully understood by the Court was by the Court here overruled and the Defendant by his attorney filed here in his motion to reverse the Judgment of the Justice and dismiss this cause and all and singular the premises being understood by the Court is ordered to be overruled - and thereupon came a Jury, to wit: Leffon French, Christopher McLehannon, John McLehannon, Francis Leaper, Peter Apperson, David B. Steel, Charles Hatter, Benjamin Cannefax, John D. Shannon, Martin Ingraham and Walter Brown who were elected tried and sworn well and truly to try this cause and after having heard the evidence and argument of Counsel returned into Court here the following verdict, to wit: "We the Jury find in favor of the Plaintiff and assess his damage at twentyfive dollars. John D. Shannon foreman". Thereforee it is considered by the Court here that the said Plaintiff recover of said Defendant the sum of twentyfive dollars, the damages aforesaid by the Jury aforesaid assesses together with all costs and charges by him in this behalf laid out and expended as well in the Court below as in this Court - and that the Judgment of the Court below as
in this Court - and that the Judgment of the Justice aforesaid be reversed and that the said Plaintiff have thereof their Writ of Execution.

51
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term

p 114.
Benjamin Kimberland Appellee
vs                                                             Appeal
Dreury Meritt Appellant
This day came the parties by their attorneys and upon motion of the Plaintiff by his attorney and for good cause shown the cause is ordered to be continued until the next term of this Court at Plaintiff's cost.

p 115.
Jesse Noaks Plaintiff
vs                                                             Trespass
Willis U.G. Berry and others Defendants
Cause continued to next Court term --

John Roberts Plaintiff
vs                                                             Assumpsit
John P. Campbell Defendant
This day came the Plaintiff by his attorney and asks leave of the Court here to amend his declaration in this cause and to him leave is given. This day came Thomas Horn by his attorney and filed herein his motion to retax the bill of cost allowed John Sandlin as a witness in the cause of John Roberts against Thomas and William Horn at the December Court 1834 whereupon the Court after hearing the evidence doth consider that said bill of costs be retaxed and that the same docked six dollars and ten cents and that the said Thomas Horn have thereof his Writ of Execution.

State of Missouri
vs                                                             Forfeited Recognizance
James Bevins
This day came James Bevins in his own proper person and offered to the Court here satisfactory excuse for his default whereupon it is ordered by the Court here the order of forfeiture of Recognizance be set aside.

State of Missouri
vs                                                             Larceny
Manuel Carter
James Bevins came into Court here and acknowledged himself indebted to the State of Missouri in the just and full sum of fifty dollars to be levied of his respective goods and chattles lands and tenements to be void however if the said James Bevins shall make his personal appearance at the next term of this Court and testify in a ((Page 116)) certain matter of controversey in our said Court pending wherein the State of Missouri is Plaintiff and Manuel Carter is Defendant and not depart therefrom without leave of Court.

p 116.
George Duncan
vs                                                             Petition for Writ of Prohibition
Thacker Vivion
cause continued "until tomorrow" --

State of Missouri
vs                                                             Indictment for retailing Liquors
John Edwards
This day came the Circuit Attorney in behalf of the State of Missouri as well as the said Defendant John Edwards in his own proper person and for his plea saith he is guilty in manner and form as in the indictment is alledged and for his trial puts himself upon the
(cont)

52
GREENE COUNTY, MlSSOURI, CIRCUIT COURT CASES

Book A. August term.

p. 116 (cont)
mercy of the Court - and the said Defendant asks leave to withdraw his said plea and to him leave is given and upon the said Defendant's motion this cause is ordered to be continued untill tomorrow morning.

Alpheus Huff Plaintiff
vs                                                             Certiarari
Alexander Chadie Defendant
This day came the Plaintiff by his attorney and the said Defendant doth not come and the said Plaintiff suggests to the Court here that on the 11th day of June last, the Defendant Alexander Chadie departed this life.

p 117.
Milly Sawyers Plaintiff
vs                                      Trespass- Assault and Battery and False Imprisonment
William Ivy Defendant
This day came the Plaintiff by her attorney and the Defendant being solemnly called comes not - thereforee it is considered by the Court here that the said Milly Sawyers the petitioner aforesaid recover her freedom of and against the said William Ivy and that she be free and discharged of and from the service of the said William Ivy and whereas the Court doth not know the damages sustained by the said Plaintiff it is ordered by the Court here that a Writ of Inquiry of damages issue returnable to the next term of this Court untill which time this cause is ordered to be continued.

Ordered that Court adjourn until tomorrow morning 9 of the clock.
C.H. Allen
Thursday Morning 9 of the clock.
Present Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk Protem, Thomas Horn Deputy Sheriff.

John Wilson
vs                                                             Petition for Writ of Mandamus
Greene County Court.
This day came John Wilson in his own proper person and it appearing that the Sheriff has made no return of the Writ of Mandamus in the cause awarded upon motion of said John Wilson, it is ordered by the Court here that a Writ of Attachment issue against the Sheriff of Greene County returnable to the next term of this Court untill which this cause is ordered to be continued.

p 118.
Alpheus Huff Plaintiff
vs                                                             Writ of Certiarari
Alexander Chadie Defendant
This day came Elenor Chadie into Court by her attorney Littlebury Hendrix and asked leave of the Court here to enter herself as Defendant to this Writ of Certiarari as the executrix and representing of said Alexander Chadie, dec., and to her leave is given, and upon motion of said attorney, it is ordered by the Court here that the said Elenor Chadie be notified at least 10 days before the next term of this Court to appear and defend against said Writ, and upon motion of said Alpheus Huff by his attorney who suggest to the Court here a diminution of the record in this Cause. It is ordered by the Court that a Writ of Certiarari do issue directed to Joseph Rountree and Ragland M. Langston Justices of the Peace commanding them to complete the record in this cause and certify it accordingly to the next term of this Court and this cause is ordered to be continued until the next term of this Court.

53
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

p 118.
George Duncan Plaintiff
vs                                                             Writ of Prohibition
Thacher Vivion Defendant
This day came the Plaintiff by his attorney and the Defendant being solemnly called comes not. Thereforee it is considered by the Court here that the rule in this cause be made absolute and it is further considered by the Court here that this said Plaintiff recover of said Defendant all costs and charges by him in this behalf laid out and expended and that he have thereof his writ of execution.

p 118/119.
State of Missouri Plaintiff
vs                                                             Indictment for Pedling without Licence
David O. George Defendant
David O. George, James A. McCarrol and John P. Campbell came into Court here and acknowledged themselves indebted to the State of Missouri in the just and full sum of one thousand dollars , that is to say David O. George in the sum of five hundred dollars and the said James A. McCarrol and John P. Campbell in the sum of five hundred dollars each to be levied of their respective goods and chattles lands and tenaments to be void however if the said David O. George shall make his personal appearance here on the first day of our next term of our said Court and answer an indictment preferred against him for pedling goods without licence - and not depart therefrom without leave of Court.

State of Missouri Plaintiff
vs                                                             Indictment. Vending Goods.
David O. George Defendant
David O. George, James A. McCarroll and John P. Campbell came into Court here and acknowledged themselves indebted to the State of Missouri in the just and full sum of one thousand dollars viz the said David O. George in the sum of five hundred dollars and the said James McCarroll and John P. Campbell in the sum of five hundred dollars each to be levied of their respective goods and chattles lands and tenaments - to be void however if the said David O. George shall make his personal appearance here on the first day of our next term of said Court and answer an indictment preferred against him for vending goods without licence and not depart the Court without leave thereof.

Jesse Noaks Appellee
vs                                                             Appeal
Daniel D. Berry Appellant
File by Defendant for new trial denied --

State of Missouri
vs                                                             Adultory and Fornication
Elijah Carter & Miss Ramey
-- same order --

Page 120.
Jesse Noaks Appellee
vs                                                             Appeal
Daniel D. Berry Appellant.
Continued until next term of Court.

54
GREENE COUN'IY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

p 120
State of Missouri
vs                                                             Indictment for Murder
Isaac Brown other-wise called Isaac Brant
This day came the Circuit Attorney in behalf of the State of Missouri and says he will not further prosecute this suit, thereforee it is considered by the Court here that the Defendant go hence without day.

State of Missouri
vs                                                             Indictment for Murder
Joseph Ferguson
This day came the Circuit Attorney in behalf of the State of Missouri and says he will not further prosecute this indictment, thereforee it is considered by the Court here that the said Defendant go thereof without day.

State of Missouri
vs                                                             Murder
Joseph Ferguson
Charles Bullock presents his account in the above case amounting to three dollars and seventeen cents which was examined in Court and ordered to be certified to the Auditor of Public Accounts for allowance.

State of Missouri
vs                                                             Murder
Isaac Brown other-wise called Isaac Brant
Charles P. Bullock presents his account in the. above case amounting to seven dollars and twentyone and one half cents which was examined in Court and ordered to be certified to the Auditor of Public Accounts for allowance.

p 121.
Others presenting claims this cause --
William Ragan        eleven dollars
James Matthis        eleven dollars
Andrew Matthis      eleven dollars
John Blevins          Eleven dollars and seventy cents

p 121/122
Abraham Testament, witness, ten dollars
Joseph Blevins eleven dollars
John Roberts, witness, three dollars and fiftythree cents.

Ordered that the Court adjourn till tomorrow morning nine of the clock.

Friday morning, nine of the clock, Court met pursuant to adjournment.
Present - The honourable Charles H. Allen circuit Judge, Cornelius D. Terrell Clerk, Thomas Horn Sheriff.

John S. Burnete Plaintiff
vs                                                            
Elias W. Wallace and Robert Patterson Defendants
This day came the Plaintiff and his Attorney and asked leave of the Court here to wthdraw the depositions of David S Lowery and Abraham Watts - and to him leave is granted.

55
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

p. 123.
State of Missouri Plaintiff
vs                                                         Indictment Assault with intent to Kill
John Roberts Defendant
This day John Roberts to the bar of the Court being brought. It is ordered by the Court here that the said John Roberts enter into Recognizance to the State of Missouri in the sum of one thousand dollars with two securities in the sum of five hundred dollars each for the appearance of the said John Roberts before the Court here to answer the crime aforesaid - and thereupon the said John Roberts acknowledged himself to owe and show justly indebted to the State of Missouri in the sum of one thousand dollars and John W. Hancock and Daniel D. Berry 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 five hundred dollars each which said sum of money they and each of them, Acknowledged shall be made and levied of their respective goods and chattles lands and tenements, to and for the use of the said State of Missouri in case the said John Roberts shall not make his personal appearance before the Court here without leave thereof and thereupon further process of and upon the premises aforesaid against the said John Roberts is continued until the next term of this Court.

Henry Fulbright
vs                                                             Account filed
Greene County
This day came Henry Fulbright and presented his account for guarding James Cometius charged with Murder in this court and all and singular the premises being understood by the Court it is ordered by the Court here that Henry Fulbright be allowed the sum of thirty one dollars and that the said be certified to the County Court for allowance.

p 124.
John Brackin
vs                                                             Account filed
Greene County
This day came John Brackin and presented his account for guarding James Cometius charged with Murder in this court and all and singular the premises being understood the Court it is ordered by the Court here that John Brackin be allowed the sum of twenty dollars and that the said be certified to the County Court for allowance.
Ordered that the following rules be entered on the records of this County -

1st No person shall handle the papers of this Court without consent of the Court or Clerk.

2nd No person shall take the papers from this office of the Clerk of the Court at no time at no time without the order of the Court but may have coppies of the same if asked for.

Ordered that the Court adjourn till tomorrow morning nine of the clock.

Saturday morning nine of the clock. Court met pursuant to adjournment.
Present - The Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk Protem, Thomas Horn Sheriff.

Ordered that all Judgments for fines upon indictments for gaming ordered to be paid to the State of Missouri, be paid to the County of Greene.

56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term.

p 125.
Robert Grayham
vs                                                             Petition and Summons
William Welch and Jacob Lindley
This day came the parties by their attorneys and the Defendants filed herein his motion to arrest the Judgment in this cause and all and singular the premises being fully understood by the Court it is ordered by the Court here that this moti0n be overruled - and upon motion of the two parties and upon their concent it is ordered by the Court here that the said Defendant William Welch be released from the Judgment aforesaid. Charles P. Bullock presented his account amounting to fourteen dollars and sixtyfour and one quarter cents money received by virtue of his office as Clerk of the Greene County Court which was by the Court here audited and ordered to be certified to the Auditor of Publick Accounts.

Benjamin Kimberland
vs                                                             Appeal
Dreury Meritt
Ordered by the Court here that the order of continuance in this cause be recinded.

Benjamin Kimberland
vs                                                             Appeal
Dreury Merite
This day came the parties by their attorneys and thereupon came a Jury, to wit: Sherodd Kidd, Joseph Birden, John Roberts, John Roper, John W. Ball, Jacob Ruler, Martin Ingraham, Andrew Martin, David Fields, Walter Brown, Junius T. Campbell and William Patten - who were duly elected tried and sworn well and truly to try issue in this cause and upon motion of the said Benjamin Kimberland by his attorneys it is ordered by the Court here that this be dismissed - thereforee it is considered by the Court here that the said Dreury Merite recover of the said Benjamin Kimbererland all costs and charges in this cause expended and that he have thereof his Writ of Execution.

P 126.
Ordered that all causes and motions not otherwise disposed of be continued until the next term of this Court.

57

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