Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

August Term 1836
Book A.

p 162.
Monday 22nd Day of August 1836.

Present - The Honorable Charles H. Allen Circuit Judge, Cornelius D. Terrell Clerk and Chesley Cannefax Sheriff.
John Wilkerson foreman, David H. Beedle, Thomas Hodge, Charles Hatler, John Freeman, Stephen D. Haley, Ephraim Pogue, Lemeon Freeman, Joseph Rich, Aaron Parker, Daniel B. Miller, Solomon Cotner, Levi Fulbright, Jesse Lewis, Stephen Fisher, Wiley D. Brown and Erastus McMurry were sworn a Grand Jury for the State of Missouri for the body of Greene County - and having received their charge - retired.

William Darnell, Edward Thompson, Daniel Beedle and Robert A. Martain, who were summoned as Grand Jurors to the present term for the State of Missouri and County of Greene, were discharged by the Court here upon good cause shewn.

Ragland M. Langston, who was summoned as a Grand Juror to the present term of said Court was called and not answering or appearing it was ordered by the Court that he pay a fine of $5 for his non attendance.

Levi Williams, one of the Grand Jurors returned to the present term for the State of Missouri and County of Greene, not appearing, it is ordered by the Court here that a fine be assessed against him, the said Levi Williams, of $5.

This day came Washington Adams of Cooper County and State of Missouri and presented to the Court here his license obtained from the Supreme Court as a Practitioner of Law and desired to be enrolled, whereupon it is ordered by the Court here that the said Adams be enrolled as a Practitioner of Law.

p 163.
State of Missouri Plaintiff
vs                                                    indictment. retailing spirits without license
William Dye
This day came the Circuit Attorney on behalf of the State of Missouri and says he wil no longer prosecute said suit. Whereupon, it is ordered by the Court here that the said Defendant go hence without a day.

72
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1836.

p 163.
State of Missouri Plaintiff
vs                                                             indictment for gaming
Samuel Tease and William Price Defendants
Case ordered to be continued --

State of Missouri Plaintiff
vs                                                             indictment for gaming
Samuel Tease and Charles Tease Defendants
Ordered to be continued --

State of Missouri Plaintiff
vs                                                             indictment for gaming
Samuel Tease and E. Fulbright Defendants
Cause ordered to be continued --

p 164.
State of Missouri Plaintiff
vs                                                             indictment for gaming
Samuel Tease and E.W. Wallace Defendants
Cause ordered to be continued --

State of Missouri Plaintiff
vs                                                             Indictment for Gaming
Samuel Defendant
This day came the Circuit Attorney as well as the said Defendant in his own proper person and for his plea in this behalf saith he is guilty in manner and form as in said indictment charged against him and puts himself upon the mercy of the Court - and the Circuit Attorney doth the like - whereupon all the singular the premises having been heard and understood by the Court it is ordered by the Court here that the said Defendant make his fine to our said State by the payment of $5 as well as one cent in damages - and that our said State also recover against said Defendant, her cost in this behalf laid out and expended and that said defendant remain in custody untill said fine and cost be paid.

State of Missouri Plaintiff
vs                                                             assault with intent to kill
Samuel G. Martain Defendant
This day came the Circuit Attorney in behalf of the State of Missouri and also the above Defendant by his counsel and saith he is not guilty in manner and form as in the indictment set forth, and puts himself upon his trial, whereupon came a Jury, to wit: James A. McCarrol, Sidney S. Ingram, Elijah Base, Daniel M. Beal, Ephraim Massey, Abraham Hayes, Lewis Williams, David Shannon, James R. Smith, Joseph Powell, Archibald
Morris and Wade Lipscomb. Whereupon the Circuit Attorney said he would no longer prosecute said suit and it is ordered that the Defendant go hence without a day and the Jury in the above case be discharged.

p 165
This day came George Winston of Cooper County and State of Missouri and presented his license as a Practitioner of Law from the Supreme Court and asked to be enrolled. Whereupon it is ordered by the Court here that said Winston be enrolled as a Practitioner of Law in the 6th Judicial Circuit.

State of Missouri
vs                                                             indictment for perjury
William M. Paine
cause crdered continued -

73
GREENE COUNTY, MISSOURI, CIRCUIT COURT RECORDS

Book A. August Term 1836

p 165
Tuesday Morning August 23rd Court met pursuant to adjournment. Same Court officials.

p 165/166.
State of Missouri Plaintiff
vs                                                             Indictment. Assault with intent to kill.
Ephraim Fulbright Defendant
This day came the Circuit Attorney on behalf of the State of Missouri as well as the Defendant by his Counsel and for his plea saith he is not guilty in manner and form as in the indictment is set forth and for his trial puts himself upon the Country. Thereupon came a Jury, to Wit: Winford G. Townsend, Abraham Hays, Wade Lipscomb, Ephraim Massey, Daniel Beal, Richard Dean, Merrada Sloan, Martain Ingram, John Ingram, David Shannon, Archibald Morris and Joseph Weaver. Whereupon the Circuit Attorney said he would no longer prosecute said suit. Thereforee it is ordered by the Court here that the Jury in this cause be discharged and the Defendant go hence without a day.

p 166.
State of Missouri Plaintiff
vs                                                        Indictment for misdemeanor in office.
Charles S. Yancey Defendant
This day came the Circuit Attorney on behalf of the State of Missouri and also the Defendant in his own proper person who says he is not guilty in manner and form as in the indictment alledged and for his trial puts himself upon his Country. Thereupon came a Jury, to wit: Winford Townsend, Abraham Hays, Wade Lipscomb, Ephraim Massey, Daniel M. Beal, Richard Dean, Merrada Sloan, Martain Ingram, John Ingram, David Shannon,
Archibald Morris and Samuel G. Martain who returned into Court here the following verdict "We the Jury find the Defendant not guilty" whereupon it is ordered by the Court here that the Jury be discharged.

p 166/167
Now at this day came Samuel Tease and David LaMaster into open Court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $400 each to be levied of their respective goods and chattles lands and tenements to be void however upon condition that the said Samuel Tease be and appear here on the first day of our next term of said Court to answer four indictments against said Tease prefered and
not depart the same without leave of said Court void however upon condition that each of them appear here on the first day of our next term of said Court to testify and give evidence in a certain matter of controversey wherein the State of Missouri is Plaintiff and John P. Campbell and James Y. Warren are Defendants and not depart without leave.

p 167.
The Grand Jury for the body of the County of Greene returned into Court here - a true bill against Young Hogan for an assault with intent to kill - a true bill against John P. Campbell, Sidney Ingram and others for rioting. And having no further business before them were discharged.

State of Missouri
vs                                                             Recognizance to appear
Oren Collier
ordered by Court go hence without day. no prosecution.

State of Missouri Plaintiff
vs                                                             Recognizance
Young Hogan Defendant
And now at this day the said Young Hogan being solemnly called to come into our Court

(cont)

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1836

p 167 (cont)
here according to the tenor of his recognizance comes not but makes default; and the said John Carter, the Cognizor of said Young Hogan in the recognizance aforesaid, being also solemnly called to bring forth in to Court here the body of the said Young Hogan, according to the tenor of the said Recognizance, bring him not but make default, it is thereforee considered by the Court here that the Recognizance aforesaid of the said Young Hogan and John Carter be forfeited.

p 172.
State of Missouri
vs                                                             Recognizance
Hamilton Bunch
No one appears to prosecute. Cause discharged by Court Execution against Defendantfor costs.

State of Missouri
vs                                                             Recognizance
John Roberts
Same as above --

State of Missouri
vs                                                             Recognizance
Walter Brown
Same as above

State of Missouri
vs                                                             Recognizance
William Campbell
Same as above --

p. 173
State of Missouri
vs                                                             Recognizance
John P. Campbell
Same as above --

State of Missouri
vs                                                             Recognizance
Dreury Upshaw
Same as above --

Thursday Morning August 25th 1836

Same Court officials.
William Edwards
vs                                                            
James R. Smith
Case ordered dismissed

75
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August Term 1836.

p 174.
This day came Chesley Cannefax Sheriff of Greene County and offered Thomas Horn as his Deputy who was by the Court approved and accepted.

Fulbright and Burnett
vs                                                             Appeal
Stephen Fisher
This day came the parties in the above cause and thereupon a Jury, to wit: Joseph Powell, Alexander Younger, Thomas Elison, John Wills, John Ingram, Sidney Ingram, Benjamin Cannefax, Anderson Paine, James R. Smith, Zenas Rountree, Joseph Price and John W. Ball who returned into Court here the following verdict - We the Jury find for the Plaintiff $72.50 in damages. Whereupon it is ordered by the Court here that the Plaintiffs have his Judgment. This execution for the above sum with the costs of suit as well as the Court below as in this Court.

Alexander Younger
vs                                                             Trespass
George Rainey
This day came the parties into Court and the Defendant moved the Court here to set aside the Judgment obtained against said Rainey at the last term of the Court in consequence of the insufficiency of the trial. Whereupon the premises being heard and understood by the Court it is ordered that the Judgment be set aside and that this cause be continued till the next term of this Court & that the Defendant have liberty to plead.

Charles Yancey
vs                                                            
Jacob Lindley
Appeal -ordered continued next term of Court.

p 175.
Moses Craft
vs                                                             petition for Mandamus
Peter Grayham
This day came the Plaintiff by his Attorney and file here in Court his petition for a Writ of Mandamus. It is ordered by the Court here that a Writ of Mandamus do issue in the alternative and this cause is ordered to be continued till next term of this Court.

Friday Morning August 26th 1836. Same court officials.

William Fulbright
vs                                                             Appeal
Stephen Fisher
This Day came the Defendant by his Counsel and filed here his motion for a new trial in above cause. The motion was overruled.

State of Missouri
vs                                                             Indictment for larceny
Thomas Duke
John W. Ball filed his account for boarding said Duke whilst in Jail and also for handcuffing said Duke amounting to $37.50. Ordered to be certified to the County Court for allowance.

p 176.
State of Missouri
vs                                                             Indictment. Burglary
James A. McCarrol and others
Motion to dismiss overruled

76
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. August term 1836

p 176.
State of Missouri
vs                                                             Indictment. Burglary
James A. McCarrol and others
And now at this day came the Circuit Attorney on behalf of the State of Missouri as well as the above Defendants who say that they are not guilty and put themselves upon the Country. Whereupon came a Jury, to wit: Benjamin Cannefax, Ephraim Massey, Jonathan McCarty, Walter L. Brown, David 0. George, Absolum Bostic, William Patton, Anderson Paine, William Ship, Daniel Coonch, Solomon Willis and Richard Dean who returned into Court here the following verdict - We the Jury find the Defendants not guilty whereupon it is ordered that the Jury be discharged.

State of Missouri
vs                                                             Indictment -perjury
Junius T. Campbell
Circuit Attorney no longer prosecute; cause dismissed -

p 177.
William Fulbright and Co
vs                                                             Appeal
Stephen Fisher
cause continued --

Alexander Younger Plaintiff
vs                                                             Trespass
George R. Raney Defendant
cause continued--

p 178
Saturday morning August 27th 1836.

Same court officials.
John Burden
vs                                                             Trespass
James Lunsford and others
This day came the Plaintiff in the above cause and asked for an alias writ, and it is ordered that an alias do issue.
This day came George M. Gipson and Jeremiah N. Sloan the two camnissioners appointed to locate the permanent seat of Justice for Greene County in the State of Missouri and made their report and proceedings accompanied with a Deed of Conveyance from John P. Campbell and wife to 50 acres of land with all the evidence by the Court all of which being examined by the Court it is considered by the Court that the aforesaid approval be certified to the County Court of said County of Greene.

END OF AUGUST TERM 1836.

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