Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

August Term 1840

p 117.
At a Circuit Court begun and held at the Court House in the town of Springfield and the County of Greene on Monday the 3rd day of August in the year of our Lord eighteen hundred and forty. Present: the Honorable Foster P. Wright Judge - Littleberry Hendrick esq Circuit Attorney - Thomas Horn Sheriff - and Joshua Davis Clerk.

10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840
p 117
It being the day of the General Biennial Elections for the State of Missouri, Court adjourned till Tuesday morning at 8 o'clock.

August 4, 1840, Tuesday morning Court met persuant to adjournment. Present as yesterday.

The Sheriff returned here into Court the following list of Grand Jurors viz William Chapman foreman 1, William Stout 2, John W. Smith 3, John Headlee 4, David Ross 5, Christopher McElhannon 6, Jonathan Brawley 7, William Cawlfield 8, Harrison Hicks 9, Erastus McMurry 10, James Allsop 11, Charles Poston 12, Richard Whitlock 13, Daniel N. Beal 14, Matthew Roberts 15, Av't Hollingsworth 16, Morris Mitchell 17, Thomas C. Wilson 18, good and lawful men being duly elected charged and sworn returned to consider of their presentments.

E.R. Fulbright Plaintiff
vs                                                   Slander
Isaac Redfearn Defendant
(Cause dismissed at request of Plaintiff)

Jacob Sease Plaintiff
vs                                                   Slander
Pharoah Cook Defendant
(Motion for security overruled, cause continued until next term)

p 118. Wednesday 5th August 1840
State of Missouri Plaintiff
vs                                              Indictment becoming auctioneer without license
B.H. Boone Defendant
Now at this day came the parties by their respective attorneys and a Jury being required the Sheriff returns the following, to wit, William Y. Abbott, John Smith, Peter Apperson, John Guyrin, Ephraim Pogue, John McHaffie, James Lee, Asa G. Smith, John W. Hancock, L.H. Freeman, H.C. Morrison, A.W. Maupin, E.R. Fulbright, good and lawful men being sworn returned the following verdict - We the Jury find the Defendant not guilty as charged in the indictment. It is therefore considered that Defendant be discharged.

p 119.
State of Missouri Plaintiff
vs                                                   Perjury
Madison Turner Defendant
(State drops charges. Defendant discharged)

State of Missouri Plaintiff
vs                                                   Indictment for obstructing road
John P. Campbell Defendant
Now at this day came the parties by their respective attorneys and a Jury being required the Sheriff returned the following viz B.H. Boone 1, John C. Johnson 2, Dixon Jeffries 3, William Cox 4, John McElhannon 5, John Williamson 6, Thomas Cawlfield 7, Robert W. Sims 8, R.K. Payne 9, John Holcomb 10, Joseph D. Haden 11, James Watts 12, twelve good and lawful men who being duly sworn return the following verdict - We the Jury find the Defendant not guilty as charged in the indictment. It is therefore considered by the Court that said Defendant be discharged and go hence without day.

p 121.
Following causes continued until next Term:
B.W. Cannefax vs Benj. Chapman and Gray Wills - Trespass
William Dye vs C.A. Haden Appeal - Justice of Peace.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840

p 119.
William Dye Plaintiff
vs                                                   Appeal J of P
C.A. Haden Defendant
Now at this day came the parties by their respective attorneys on motion of Defendant leave granted the J 0 P to amend his docket.

p 120.
P. Campbell Plaintiff
vs                                                   Petition in Debt
J. Crutchfield Defendant

(Continued until next term)
Thursday Morning August 5th 1840

State of Missouri Plaintiff
vs                                                   Indictment for obstructing Road
Thomas Ellison Defendant
Now at this day came the Circuit Attorney in behalf of the State of Missouri as well as the Defendant in his own proper person and it being demanded of him how he will acquit himself for a plea in this behalf saith he is not guilty in manner and form as charged in said indictment and for the trial thereof puts himself on the County and
the Circuit Attorney doth the like and thereupon came a Jury, to wit, T.J. Miles 1, J.R. Guynn 2, R.W. Sims 3, Dan Payne 4, Randolph Moon 5, Joseph Rountree 6, William Mann 7, AW. Maupin 8, Epn Pogue 9, L.F. Fream 10, Thomas P. Henry II, J.L. Martin 12, twelve good and lawful men sworn returned the following verdict - We the Jury find the Defendant not guilty as charged in the indictment. It is therefore considered by the Court the Defendant be discharged and go hence without day.

p 121.
Joseph Vaulx Plaintiff
vs                                                   Petition in Debt
J.P. Campbell Defendant
This day came the parties by their respective attorneys and a Jury being required the Sheriff returned the following, to wit, E.R. Fulbright, John Thornburg, B.A. James, L.H. Freeman, Thomas Ellison, A.N. Farmer, Thomas Jessup, Elias Rice, L.H. Scruggs, Benj. Allsop, A.W. Maupin, William Windham, twelve good and lawful men sworn returned the following verdict viz We the Jury find for the Defendant it ordered by the Court
that he go hence without a day.

p 122.
Joseph Vaulx Plaintiff
vs                                                   Debt
John P. Campbell Defendant
This day came the parties aforesaid by their respective attorneys and thereupon came a Jury - to wit - E.R. Fulbright, John Thornburg, B.A. James, L.H. Freeman, Thomas Ellison, A.N. Farmer, Thomas Jessup, Elias Rice, L.H. Scruggs, Benjamin Allsop, A.W. Maupin, William Windham, twelve good and lawful men sworn well and truly to try the issue joined after hearing the evidence returned into Court the following verdict "We the Jury find that the said John P. Campbell at the turn of the commencement of this suit was not and from thence hitherto hath not been and still is not executor of the last will and testament of the said Isham Sims, deceased, and hath not administered goods and chattles which were of the said Isham Sims, deceased, at the time of his death as executor of the last will and testament of the said Isham Sims, deceased." Therefore it is considered by the Court that the said John P. Campbell have and recover of the said Joseph Vaulx his costs and charges in this behalf laid out and expended and that he have execution therefor.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840

p 122
Robert Casebolt Plaintiff
vs                                                   Trespass on the case
David McHaffie Defendant
On motion of the Plaintiff by his attorney an alias writ is granted. General replication to the Defendant's special plea filed.

p 123.
John Singleton Plaintiff
vs                                                  
James Lee Defendant
This day came the Defendant by his attorney and filed his plea of general issue.

Chatten Duke Plaintiff
vs                                                   Appeal of J.P.
Burrill D. Sims Defendant
This day came the parties by their respective attorneys and neither party requiring a Jury the case was submitted to the Court and after hearing the evidence and all the singular the premises being heard and fully understood the Court do find that the Defendant stands justly indebted to the Plaintiff in the sum of thirty five dollars wherefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant and Robert W. Sims, his security in said appeal, the aforesaid sum of thirty five dollars together with the costs of said suit laid out and expended for all of which execution may issue.

Edward F. Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing and neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood, the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of one hundred dollars. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant and his security, Charles Hatler, in said appeal the aforesaid sum of one hundred dollars together with the cost of this suit for all of which execution may issue.

p 124.
Edward F. Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing, neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of ninety nine dollars debt and one dollar and fifty cents damages, therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant and Charles Hatler, his security in said appeal the aforesaid sum of ninety five dollars debt and one dollar and fifty: cents damages together with the cost of this suit for all of which execution may issue.

Edward Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing, neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of ninety six dollars for his debt and one dollar and forty four cents damages. It is therefore considered by
(Continued)

13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840.
p 124 (continued)
the Court that the said Plaintiff have and recover of the aforesaid Defendant and Charles Hatler, his security in said appeal the aforesaid sum of ninety six dollars for his debt and one dollar and forty four cents damages, together with the cost of this suit for all of which execution may issue.

p 125.
Edward F. Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing, neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of ninety seven dollars debt and one dollar and forty five cents damages, therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant and Charles Hatler, his security in said appeal the aforesaid sum of ninety seven dollars debt and one dollar and forty five cents damages together with the cost of this suit for all of which execution may issue.

p 125/126
Edward F. Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing, neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of ninety five dollars for his debt and one dollar and fifty cents for his damages, therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant and Charles Hatler, his security in the said appeal the aforesaid sum of ninety five dollars for his debt and one dollar and fifty cents for his damages, together with the cost of this suit for all of which execution may issue.

p 126
Edward F. Robards Plaintiff
vs                                                   Appeal of J.P.
John Thornburg Defendant
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing, neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being fully understood the Court do find that the Defendant is justly indebted to the Plaintiff in the sum of ninety eight dollars for his debt and one dollar and fifty cents for his damages, therefore it is considered by the Court that the said Plaintiff have and recover of the said Defendant and Charles Hatler, his security in the said appeal, the aforesaid sum of ninety eight dollars for his debt and one dollar and fifty cents for his damages, together with the cost of this suit for all of which execution may issue. The Grand Jury came into Court and presented an Indictment against Hiram Harmon for Robbery in the First Degree - and having business retired to consider thereof.

p 127.
State of Missouri Plaintiff
vs                                                   Indictment for Robbery
Hiram Harmon Defendant
This day came Hiram Harmon into Court together with John Sullins and Reubin Sullins,
(continued)

14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840.

p 127 (continued)
his securities, who acknowledge themselves to owe and stand justly indebted to the State of Missouri in the following sums, that is to say the said Hiram Harmon the Defendant in the sum of eight hundred dollars and John Sullins and Reubin Sullins his securities, in the sum of eight hundred dollars to be levied of their respective goods and Chattles lands and tenements for the use of the State of Missouri, to be void on the following condition, that is to say that if the said Hiram Harmon the Defendant do make his appearance in his own proper person at the Court House in the town of Springfield on the first day of the next term of said Court which comences on the first Monday in November, next, to answer an indictment against him in said Court for Robbery in the First Degree and not depart the Court without leave thereof - otherwise to remain in full force. And thereupon came James Watts, John G. Webb, John L. Martin, John Clark, Lewis Williams and Ephraim Pogue into open Court and acknowledged themselves severally to owe and stand justly indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their respective goods and chattles lands and tenements for the use of the State. To be void on this condition, that they make their personal appearance at the Court House in the town of Springfield on the first day of the next term of said Circuit Court which commences on the first Monday after the fourth Monday in November, next, to testify and give evidence on an indictment against Hiram Harmon for Robbery in the First Degree and not depart the Court without leave thereof, otherwise to remain in full force.

p 128.
Littleberry Hendricks Appellee
vs                                                   Appeal from Justice of Peace
J.M. Sims Appellant
Now at thjs day came the said parties in their own proper persons and the said John M. Sims the appellant says that he will no further prosecute his said appeal but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that said Plaintiff have and recover of said Defendant his costs in and about this appeal laid out and expended and that he have thereof execution.

Littleberry Hendricks Appellee
vs                                                   Appeal from J.P.
John M. Sims Appellant
Now at this day came the said parties in their own proper persons and said appellant says he will no further prosecute his said appeal but voluntarily suffers the same to be dismissed. Therefore it is considered by the Court that said Plaintiff have and recover of said Defendant his cost and charges in and about this appeal laid out and expended and that he have execution thereof.

The Grand Jury returned into Court the following Indictment to wit, State vs William A. McElhaney, Lucius A. Rountree, John McElhaney, E.M. Massey and Randolph Moore for gaming. It ordered that a capias issue. There being no further business, the Grand Jury was discharged.

p 129.
L. Hendricks
vs                                                  
D.B. Millers heirs and representatives
This day came the complainant and by leave of the Court and consent of parties filed an amendment to said bill to be taken as a part of and incorporated in said bill and also by leave of the Court and consent of parties filed exhibit marked No. 3, which is made part of said bill.

15
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES.

Book B. August Term 1840

p 129.
Friday Morning August 7th 1840. Court met persuant to adjournment. Present as yesterday.

p 129/130.
John P. Campbell Plaintiff
vs                                                   Attachment
David G. Harris Defendant
This day came the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant cannot be summoned and that his property and effects are attached and the Defendant not having appeared and answered the action of the Plaintiff at the return term of the writ, it is therefore ordered by the Court on motion of the Plaintiff that publication be made notifying the said Defendant that an action of debt has been conunenced against him on a bond for the sum of four hundred dollars that his property has been attached and that unless he appear at the next term of this Court and on or before the third day thereof Judgment will be rendered against him and his property sold to satisfy the same. And it is further ordered that the said notice be published four weeks in some newspaper printed in this State the last insertion to be at least three weeks before the next term of this court.

p 131.
Josiah Burney Plaintiff
vs                                                   Trespass
John Boone and B.H. Boone Defendants
Now at this day came the parties by their respective attorneys and the attorneys and the Plaintiff by his attorney says he will no further prosecute his said suit but suffers the same to be dismissed. It is therefore considered by the Court that the said Defendants have and recover of the said Plaintiff their costs in said suit laid out and expended and that they have execution therefor.

Parr and George
vs                                                   Appeal J.P.
John S. Wills
This day came the parties by their respective attorneys and the suit being founded on an instrument of writing neither party requiring a Jury this cause is submitted to the Court and all and singular the premises being heard and fully understood the Court do find that the said Defendant stands justly indebted to the said Plaintiff in the sum of sixty four dollars and twenty five cents for his debt and the sum of three dollars and twenty six cents damages. It is therefore ordered by the Court that the said Plaintiffs have and recover of the said Defendant and John Booker, his security in said appeal, the aforesaid sum of sixty four dollars twenty five cents for his debt and the sum of three dollars and twenty six cents damage together with the cost of this suit laid out and expended and that they have execution therefor.

p 132.
Asa G. Smith
vs                                                   Appeal J.P.
Elias Rice
This day came the parties by their respective attorneys and the Defendant filed his affidavit for continuance for reasons shown this cause is continued at the Defendant's cost till the next term of this Court.

Ball and Snyder
vs                                                   Appeal J.P.
R.K. Payne
Now at this day came the parties by their attorneys and the said Defendant moves the
(continued)

16
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August Term 1840

p 132 (continued)
Court for a continuance in said cause and the said Plaintiff by his attorney having dispensed an affidavit and agreed that the oath of the Defendant should be received in lieu thereof and all and singular the premises being heard it is ordered by the Court that this cause be continued till the next term of this Court at the cost of the said
Defendant.

L. Hendrick Plaintiff
vs                                                   Petition in Debt
Samuel R. Waddill & Robt. H. Forbus Defendants
Now at this day came the parties by their attorneys and the suit being founded on an instrument of writing and neither party requiring a Jury, the cause is submitted to the Court and the Court do find that the said Defendants owe and stand justly indebted to the said Plaintiff in the sum of four hundred dollars for his debt and that he hath sustained damages to the amount of four dollars for the detention thereof. Therefore it is considered by the Court said Plaintiff have and recover of the said Defendant the said sum of four hundred dollars for his debt aforesaid as well as the said sum of four dollars for his damages together with costs and that execution issue therefor.

p 133.
Constantine Perkins
vs                                                   Bill in Chancery
Miles Carey
Now at this day came the said complainant by his attorney and says he will no longer prosecute his said complaint but voluntarily suffers the same to be dismissed. It is therefore considered adjudged and decreed by the Court that said Defendant have and recover of the said complainant his costs and charges in this behalf, laid out and expended and that he have thereof execution.

State of Missouri Plaintiff
vs                                                   Indictment for gaming
Ephraim M. Massey, Lucius A. Rountree,
Randolph Moore and others Defendants
Now at this day came the said Ephraim M. Massey, Lucius A. Rountree and Randolph Moore and say that they cannot deny but they are guilty in manner and form as charged in said indictment and Littleberry Hendricks who prosecutes in behalf of the State of Missouri being likewise present - it is considered by the Court that said Defendants do pay a fine to the State of Missouri of one dollar each together with costs and that execution issue therefor.

p 134.
Tyson and Mason
vs                                                   Petition in Debt
John W. Danforth
Bow at this day comes the Plaintiffs by their attorney and the Defendant by his attorney and by agreement this cause is continued until next term of this Court on part of the Plaintiff.

Littleberry Hendrick, to the use of Smith Brothers and Co.
vs                                                   Petition in Debt
Benjamin W. Cannafax
This day came the parties aforesaid and the Defendant in his own proper person saith he cannot deny but that he owes and stands justly indebted to the Plaintiff in the sum of one hundred seventy three dollars debt and sum of three dollars and forty three cents damages for the detention thereof in manner and form as the said Plaintiff hath
(Continued)

17
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. August term 1840

p 134(continued)
complained against him. Therefore it is considered by the Court that the said Plaintiff have and recover of the said Benjamin Cannafax the sum of one hundred seventy three dollars debt and sum of three dollars and forty three cents damages together with his costs and charges in this behalf laid out and expended and that execution issue therefor.

Newell Cates
vs                                                   Petition in Debt
Eli Ussery
This day came the Plaintiff by his Attorney and saith he will not further prosecute his said suit. Therefore it is considered by the Court that the said Plaintiff take nothing by his said writ and that said suit be dismissed and leave is given the said Plaintiff to withdraw the instrument of writing sued on.

END OF AUGUST TERM

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