Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

August Term 1859.

p. 401. Blank

pp. 402 & 403 Divorces prev. extracted.

p 404.
Be it remembered that on this first Monday in August 1859, the Circuit Court of Greene County met pursuant to adjounment the same being a regular term thereof when there was present
The Honorable P.H. Edwards, Judge
A.G. McCracken, Clerk
Henry Matlock, Sheriff of Greene County

And now at this day comes the Sheriff and returned into Court the following pannell of Grand Jurors viz Elisha Headlee, who by the Court was appointed foreman, Jos. Farrier, Elijah Hunt, Samuel Piper, Samuel Caldwell, John Turner, Thomas Tiller, H.R. Jarratt, S.H. Julian, John Laney, Woodson Howard, Isaac N. Jones, Bennett H. Saye, James Foldin, James Harkness, Chatham Duke, L.A. Rountree, eighteen good and lawful men who being duly elected, charged and sworn retired to consider in their presentments.

Ordered by the Court that Mordica Oliver, B.D. Dalrumple and M.A. Steel be permitted to sign the Roll of Attorneys.

p 405.
J. Alexander Plaintiff
vs                                                   Attachment
Edward Teague Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court files his interagatories in this cause against Joseph J. Weaver a garnishee in this cause and the said garnishee comes by his attorney and files his answer to interogatories filed by Plaintiffs.

p 406.
Motions filed in following causes
State of Missouri vs John Foster -- Selling Liquor #3
State of Missouri vs John Foster -- Selling Liquor #4
State of Missouri vs John Foster -- Selling Liquor #5
John Hurst vs William Byrss -- appeal from J.P.
J.S. McQuerter vs John Noblett -- Civil Action.

116
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 407
State of Missouri Plaintiff
vs                                                   Sabbath Breaking
Ira Fulton Defendant
Now at this day comes the Circuit Attorney and the Defendant in proper person who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine on said Defendant the sum of one dollar for commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the said sum of one dollar and costs of suit and that execution issue therefor.

I. Alexander Plaintiff
vs                                                   Attachment
Edward Teague Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that said Defendant is a non-resident of this State and that ordinary process of Law cannot be served on him. It is therefore ordered by the Court that said Defendant be notified by publication in the SPRINGFIELD MIRROR a weekly newspaper printed and published in this State for four succesive weeks the last insertion to be at least four weeks before the next term of this Court to be holden at the Court House in Springfield in Greene County, Missouri, notifying said Defendant to be and appear at said term of said Court on the first day thereof and plead, answer or demur to Plaintiff's petition or the same will be taken as confessed and a Judgment ordered against him and the following real estate of said Defendant viz (none listed) will be sold to satisfy the sum it having been attached under a Writ of Attachment by said Court.

p 408. Tuesday, August 2, 1959
State of Missouri Plaintiff
vs                                                   Playing Cards on Sunday
Samuel Sink Defendant
Now at this day comes the Circuit Attorney and also the Defendant in proper person and says that he is guilty as charged in the Bill of Indictment. Whereupon the Court do assess as a punishment on said Defendant a fine of five dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the said sum of five dollars and costs of suit and that execution issue therefor.

p 409.
State of Missouri Plaintiff
vs                                                   Indictment for Rape
R.P. Jones Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf and the Defendant being thrice solemnly called comes not but makes default and It appearing to the Court that the said Defendant, R.P. Jones, entered into recognizance to the State of Missouri in the sum of eight hundred dollars on the 16th day of September 1858 with Katherine A. Jones and S.H. Pitman as his securities condition to the effect following that if the said R.P. Jones should be and make his personal appearance before the Honorable Greene Circuit Court on the first day of the present term thereof to answer to an indictment pending in said Court against said Defendant for a Rape Charge, to be void otherwise to remain in full force and the said Katherine A. Jones and S.H. Pitman securities in said recognizance being also thrice called and required to bring into Court the said Defendant in obedience to the recognizance and came not but make defaults. It is considered by the Court that said recognizance be
(continued)

117
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
August term 1859

p 409 (continued)
forfeited unto the State of Missouri and that sciera facias issue against the said Katherine A. Jones and S.H. Pitman securities as aforesaid requiring them to appear on the first day of the next term of this Court and show cause, if any they have, why the State of Missouri should not have and recover from the said Katherine A. Jones and S.H. Pitman the said sum of eight hundred dollars and that an execution issue therefore and that an alias capias issue.

p 410.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Arnet Peck Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and having announced themselves ready for trial. Thereupon comes a Jury, viz: J. Baughman, H. Westmoreland, H.H. Blanchard, William C. Johnson, D. Payne, W.B. Roper, R. Graves, J.R. McCoy, H. Fulbright, H. Smiley, J.S. McQuentin, J.H. Miller, twelve good and lawful men who being duly tried, elected and sworn, having heard the evidence upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

p 410/411.
James Rose et al Plaintiff
vs                                                   Petition for Partition
Mary F. Rose et al Defendants
Now at this day comes the Plaintiff by attorney and on motion J.S. Waddell is by the Court appointed guardian ad litum of May F. Rose, Granberry Rose, Richard Rose and William and Virginia Russell, minor Defendants.

p 411.
State of Missouri Plaintiff
vs                                                   Selling Schidam Schnapps
Charles Perry Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and having announced ready for trial.Thereupon came a Jury, viz: J.Y. Fulbright, D.L. Fulbright, J. Painter, R.C. Abernathy, D. Mooney, D.D. Berry, S. Richmond, Jos. Vaughan, J.B. Blankenship, J.A. Miller, John Bendlove and John Ray, twelve good and lawful men who being duly elected, tried and sworn and there not being time to hear the evidence were discharged under charge of the Court until tomorrow morning 9 o'clock.
Wednesday, August 3, 1859.

Ordered by the Court that D.P. Hurley be permitted to sign the Roll of Attorneys.

p 412.
State of Missouri Plaintiff
vs                                                   Selling Schidam Schnapps
Charles Perry Defendant
Now at this day again comes the Jury impannelled in this cause, and having heard the evidence and instructions of the Court upon their oath say "We the Jury find the Defendant not guilty as cbarged in the Bill of Indictment."It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

118
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 412.
H.H. Blanchard
vs                                                   Civil Action Sheriff's Deed
Abraham Fine
Now at this day comes Henry Matlock who is known to the Court as Sheriff of Greene County and the identical person whose name appears to an instrument of writing purported to be a Sheriff's Deed to H.H. Blanchard for the following land viz NW 1/4 of NE 1/4 of Section 10 Township 29 Range 24 sold by virtue of an execution issued in the above entitled cause at the present term of this Court and the said Henry Matlock acknowledged that he executed and delivered the same for the uses and purposes therein contained.

p 413.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Wilcher Campbell Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney, and by leave of the Court and consent of parties this cause is continued until the next term of this Court and it is ordered that attachments issue for E. Daniel and W.F. Pursley returnable to the next term of this Court. And John F. Layton a witness comes and acknowledges himself to and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels and tenements to be void on condition that the said John Layton be and make his personal appearance before the Judge of the Greene Circuit Court on the first day thereof at a Court to be holden at the Court House in Springfield on the first Monday in January 1860 and testify in a cause pending in said Court wherein the State of Missouri and W. Campbell is Defendant and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Passing Counterfeit Money
John D. Enloe Defendant
Now at this day comes the motion to quash the Indictment in this case to be heard and the Court being fully advised of and concerning the premises said motion is by the Court sustained and said Indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that the said Defendant be discharged hereof and go hence without day.

p 414.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
David W. Bryant Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and having announced ready for trial whereupon comes a Jury viz Jacob Shultz, W.M. Horton, J.H. Morton, W. Berry, J.J. Campbell, Jos. Burdin, T.J. Bridges, T.J. Hodges, John Freeman, Thomas Chambers, A.A. Howard, E. Richards, twelve good and lawful men, who being elected, tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her satd suit and that the Defendant be discharged hereof and go hence without day.

119
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 415.
State of Missouri Plaintiff
vs                                                   Gaming
Robert Cannon Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State as well as in this behalf and Spencer Watson, who had been summoned as a garnishee in this cause. And it appearing from the answer of said garnishee owing said Defendant the sum of $14 and it appeating that the State of Missouri at the March Term 1859 recovered Judgment against said Robert Cannon for the sum of $10 for fine and also Judgment for costs of suit for gaming. Wherefore it is considered by the Court that the State of Missouri have and recover of said Spencer Watson the sum of $8 and that he have execution there for that said garnishee be discharged hereof and be allowed the sum of $6 for answering said garnishment out of the $14 answered to be due by him to said Robert Cannon.

p 415/416.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Huston Wallace Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and announced ready, thereupon comes a Jury J.W. Hancock, E.M. Logan, J.T. Morton, J.W. Lingo, Isaac Dyer, Samuel Woods, B.W. Cannefax, Thomas Wilkerson, R.H. Dixon, J.P. Gray, J.P. Johnson, N.C. Chaffin, twelve good and lawful men who being duly elected, tried and sworn and there not being time to complete the evidence were discharged under charge of the Court until tomorrow 8 o'clock.

p 416/417.
Motions requested, but overruled by Court
State of Missouri vs John Foster -- Selling Liquor Without License #4
State of Missouri vs John Foster -- Selling Liquor Without License #3
State of Missouri vs John Foster -- Selling Liquor Without License #1
State of Missouri vs John Foster -- Selling Liquor Without License #2

p 417.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Stephen D. Sutton Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine on said Defendant the sum of $100 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the sum of $100 and also costs of suit and that she have execution therefor and thereupon comes Littleberry Hendrick who agrees that in consideration that execution be stayed for eight months that he stand security for said fine and costs and if the same be not paid at that time that execution issue against him and said Defendant for the same.

p 417/418.
J.L. Kelley Plaintiff
vs                                                   Civil Action Appeal J.P.
H.C. Collier Defendant
Now at this day comes the parties by attorney and by leave of the Court file an agreement in writing agreeing that this cause be taken by Change of Venue to the County of Christian. It is therefore ordered by the Court that the said cause be transferred to the Christian County Circuit Court and that the Clerk of this Court certify a transcript of the record in this Court.

120
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 418.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Houston Wallace Defendant
Now at this day come again the Jury in this cause and having heard the evidence completed upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment. It is therefore considered by the Court that the State take nothing by her said suit and that the Defendant be dischar ged hereof and go hence without day.

Now at this day comes the Grand Jury into Court and returns the following true bill of Indictment viz: -
The State of Missouri vs Thomas Kelley for burglary and larceny.
And the Grand Jury again return to consider of the presentments, ordered that the same be filed and capias issue.

p 418.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Sowell Adams Defendant
Now at this day comes the Circuit Attorney and having announced ready for trial there upon came a Jury, viz: John Demoth, J. Dodson, J.L. Gardner, P.J, Wish, W.P. Chandler, D. Chandler, W. Berry, Samuel Gains, G.B. Maupin, Q. Banfield, M.V. Abernathy, N.S. Richmond, twelve good and lawful men duly elected, tried and sworn having heard the evidence, instruction of the Court and a portion of the argument of Counsel and there not being time to complete the same are permitted to return under charge of the Sheriff until 8 o'clock tomorrow morning.
P.H. Edwards, Circuit Judge.

p 419. Thursday morning August 4 h, 1859.
Ordered by the Court that Daniel Chandler be fined $5 for contempt of Court for separating and absenteeing himself from the Jury in case of State vs Sowell Adams.

p 420.
William P. Hampton Plaintiff
vs                                                   Civil Action
Elihu Messic et al Defendants
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this cause and leave is given to withdraw the instrument sued on.

Friday, August 5th, 1859.
James F. Hornbeak Plaintiff
vs                                                   Civil Action by Attachment
Fendal Cason Defendant
Now at this day comes the Plaintiff by attorney and leave is given Plaintiff to withdraw the original note from the Roll of the Court by having a certified copy and leave given Plaintiff to amend his petition by filing original note and amending the petition to correspond with the same.

p 421.
Causes this page continued until next term of this Court
J.L. Jenkins vs Ancil Lawson Civil Action
State of Missouri vs Vincent Herralson Felonious Assault
State of Missouri vs Henry Brazeal Disturbing the Peace of a Family
(continued)

121
GREENE COUNTY CIRCUIT COURT CASES

BOOK D JR
AUGUST.TERM 1859

p 421 (cont)
Causes this page continued until next term of this Court - continued.
State of Missouri vs John N. Ruyle - Forgery #1
State of Missori vs John N. Ruyle -- Forgery #2

p 422.
Causes this page continued until next term of this Court
State of Missouri vs J.J. Aubry -- Gaming #1
State of Missouri vs J.J. Aubry -- Gaming #2
State of Missouri vs J.J. Aubry -- Gaming #3
State of Missouri vs J.J. Aubry -- Gaming #4
State of Missouri vs J.JAubry -- Gaming #5

p.423.
State of Missouri vs A.J. Aubry -- Gaming #6
State of Missouri vs A.J. Aubry -- Gaming #7
State of Missouri vs Alexander -- Head Felonious Assault
State of Missouri vs Benoni Mathers -- Felonious Assault
State of Missouri vs William Allen -- Grand Larceny

p 424.
State of Missouri vs W.C. Whitlock -- Selling Liquor W/O License #8
State of Missouri vs W.C. Whitlock -- " " " #14
State of Missouri vs W.C. Whitlock -- " " " #15
State of Missouri vs W.C. Whitlock -- " " " #17
State of Missouri vs W.C. Whitlock -- " " " #1

p 425.
State of Missouri vs W.C. Whitlock. -- Selling Liquor W/O License #2
State of Missouri vs W.C. Whitlock -- " " " #3
State of Missouri vs A.H. Hunt -- Gaming
State of Missouri vs Lewis Newstadt -- Selling Goods
State of Missouri vs John Sheffield -- Gaming #1
State of Missouri vs John Sheffield -- Gaming #2

p 426.
State of Missouri vs Granville Taylor -- Gaming #1
State of Missouri vs Granville Taylor -- Gaming #2
State of Missourt vs Granville Taylor -- Gaming #3
State of Missouri vs Joseph Smith -- Grand Larceny

p 427.
State of Missouri vs B.G. Wilson -- Felonious Assault
State of Missouri vs Tobias Batson -- Disturbing Peace of Family
State of Missouri vs E.H. Boyd -- Gaming
State of' Missouri vs A.J. Mankins -- Gaming
State of Missouri vs J.P. Smith -- Grand Larceny

p 428. Motions filed
John L. Rainey et al vs Sarah Edmonson -- Civil Action Demurrer
John L. Rainey et al vs Samuel Woods -- " " "
John L. Rainey et al vs Joseph T. Morton -- " " "
Cause Continued
State of Missouri vs John Foster -- Selling Liquor W/OLic. #1

p 428/429.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
(continued)

122
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 428/429 continued
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and having announced ready for trial, come a Jury, viz: N.C. Chaffin, Jos. Miller, J.W. Lingo, A. Hamblin, H. Potter, L.H. Freeman, W.P. Dabbs, H.L. Trantham, W. Merrill, G.M. Freeman, G.W. Greene, J.T. Morton, twelve good and lawful men who being elected tried and sworn, having heard the evidence and instructions of the Court on their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the bill of Indictment." Itis considered by the Court that the State of Missouri take nothing by her said Suit and that the Defendant be discharged hereof and go hence without day.

p 429.
State of Missouri PlaintIff
vs                                                   Selling Liquor Without License
John Daniel Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and having announced ready for trial, thereupon came a Jury, viz: N.C. Chaffin, Jos. Miller, J.W. Lingo, A. Hamblin, H. Potter, L.H. Freeman, W.P. Dobbs, H.L. Trantham, William Merrill, G.M. Freeman, G.W. Greene, J.T. Morton, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess as punishment for the offense a fine of twenty dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the sum of twenty dollars as her fine and also costs of suit and that she have execution therefor.

p 429/430.
Motions by Defendant
State of Missouri vs John Mills -- motion to Quash Selling Liq. W/O Lic.
Beardslee and Bro vs James M. Morgan -- " " " Attachment
H. Whitmore vs James M. Morgan -- " " " Attachment
State of Missouri vs W.L. Harrington -- cause continued. Sabbath Breaking.
State of Missouri vs John Daniel -- Case continued Selling Liq W/O Lic #1

p 431.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
James Mason Defendant
Now at this day comes the parties by attorneys and by leave of the Court and agreement of Counsel this cause is continued on application of Defendant and execution ordered. A witness comes and acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that she be and make her personal appearance before the Judge of the Greene Circuit Court on the first day thereof on the first day in January 1860 and testify on behalf of the State In a cause pending in said Court where the State of Missouri is Plaintiff and James Mason is Defendant On Indictment for Disturbing Peace of Family and not depart said Court without leave.

p 432.
State of Missouri Plaintiff
vs                                                   Disturbing Public Worship
Samuel Sink Defendant
Now at this day comes the Circuit Attorney and also the Defendant by Attorney and in person and being ready for trial thereupon comes a Jury D.M. Bedell, D.D. Berry,
(cont)

123
GREENE COUNTY CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

L.A. Miller, R.C. Graves, F.H. Dysart, K. Rose, A.M. Julian, W.G. Evans, W.F. Pursley, C.S. Bodenhamer, Isaac Dyer and R. Wil1iams, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Sowell Adams Defendant
Now at this day again comes the Jury in this cause and having heard the argument of Counsel completed and not being able to agree upon their verdict are by the Court ordered in charge of the Sheriff until tomorrow morning 8 o'clock.

Ordered by the Court that Elisha Headlee, foreman of the Grand Jury, for good cause shown, be released from serving as foreman on Grand Jury and that H.R. Jarrett be sworn as foreman in his place which is accordingly done, and that Court adjourn until tomorrow morning 8 o'clock.

p 433.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Sowell Adams Defendant
Now at this day again comes the Jury in this cause and upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her said suit andthat the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Killing Man
Mandraville Hambleton Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and says he will not further prosecute this suit, will suffer the same to be dismissed. It.is therefore considered by the Court that the same be dismissed and that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

Ordered by the Court that the time of pleading in Civil Cases be extended until Friday, next, 9 o'clock.

p 434.
Ordered by the Court that attachment issued for J.D. Foster, a witness summoned to appear and testify before the grand Jury, returnable forthwith.

p 434/435.
A.G. McCrackin and S.N.Ingram Expartee - Petition for ad quod.
Now at this day comes A.G. McCracken and S.N. Ingram and petition for a Writ of ad quod damnum and the Court being fully advised of and concerning the premises it is ordered by the Court that a Writ issue returnable to the present term of this Court and that a Jury be summoned to inquire of the matters contained in said Petition to meet on the premises described in said petition on the 9th day of August 1859.

124
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
August Term 1859

p 435.
State of Missouri Plaintiff
vs                                                   Burglary
Thomas Kelley Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and the said Defendant in his own proper person and by attorney and having announced themselves ready for trial and the Bill of Indictment having been read to said Defendant, whereupon said Defendant was by the Court asked whether he was guilty or not guilty and the said Defendant in person answers and says that be is guilty in manner and form as charged in the Bill of Indictment and it is thereupon ordered by the Court that said plea of guilty be entered of record. It is therefore considered and adjudged by the Court that the punishment of said Defendant be assessed at three years imprisonment in the penitentary of this State from the day of his arrival and it is further considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant her costs in this behalf laid out and expended and that she have execution therefor and it is further ordered by the Court that the Sheriff of Greene County without delay transport said Defendant to the penetentary of this State and deliver him to the keeper thereof. And it is further ordered by the Court that the
Clerk of the Court make out under his official seal a true copy of all the entries made in this cause for the Sheriff of Greene County.

p 436.
John L. Rainy et al
vs                                                   Civil Action
Sarah Edmonson
Now at this day comes the parties by attorneys and the demurrer filed in the cause coming on to be heard and thereupon leave is given Plaintiff to file amended petition and it is considered by the Court that the Defendant have and recover of said Plaintiff her costs expended at the present term of this Court and that he have execution therefor.

p 436/437.
John L. Rainy et al
vs                                                   Civil Action
Joseph T. Morton
Now at this day comes the parties by attorneys and the demurrer filed in this cause coming on to be heard and thereupon leave is given Plaintiff to file his amended petition.

p 437.
John L. Rainy Plaintiff
vs                                                   Civil Action
Samuel Woods Defendant
Now at this day comes the parties by attorneys and the demurrer filed in this cause coming on to be heard and thereupon leave is given Plaintiff to file his amended petition.

State of Missouri Plaintiff
vs                                                   Gaming #1
C.W. Akin Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and being ready for trial, thereupon came a Jury, viz: J.W. Hancock, J.L. Rainy, J.T. Morton, M.V. McQuigg, J.S. Doak, William Gray, E. Compton, D.S. Fulbright, H. Potter, W. Merrill, C.B. Holland and H. Fulbright, twelve good and lawful men who being elected, tried and sworn having heard the evidence and instruction of the Court say:
(continued)

125
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

"We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

p 438.
Causes continued until next term of this Court
State of Missouri vs C.W. Akin -- Gaming #2
State of Missouri vs C.W. Akin -- Gaming #3

p 439. Monday, August 8, 1859
F.M. McClure Plaintiff
vs                                                   Civil Action, Attachment
J. Ball Defendant
Now at this day comes the Plaintiff by attorney and leave is given to amend the Sheriff's return in this cause.

State of Missouri Plaintiff
vs                                                   Gaming
John W. Lingo Defendant
Now at this day comes the party by attorney and being ready for trial, came a Jury, viz: William Cherruss, G.W. Sloan, S. Bodenhamer, Jos. Steel, K. Rose, John Mason, Isaac Dyer, J.F. Walker, J.H. Cain, R.Q. Banfield, Thomas Wilkerson and M.V. McQuigg, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say that they cannot agree, whereupon by agreement of counsel and leave of the Court said Jury are by the Court discharged.

B.G. Barrett et al
Expartee Petition -- Partition -- Sheriff's Deed
Now at this day comes P.C. King who is known to the Court as the former Sheriff of Greene County and the identical person whose name is subscribed to an instrument of writing purporting to be a Sheriff's Deed to M.M. McClure for E 1/2 of SW 1/4 or Lot 1 Sect. 6 Township 30 Range 21 which was sold by order of the Greene Circuit Court in the above entitled cause and the said Peter C. King acknowledged that be executed and delivered the same for the purposes therein contained.

p 440.
State of Missouri Plaintiff
vs                                                   Gaming
John Daniel Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged in the Bill of Indictment whereupon the Court doth assess as a punishment on said Defendant the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs of suit and that she have execution therefor. And R.Q. Banfield comes and in consideration that execution be stayed until 30 days before next term of said Court he will stand security for said fine and costs and that if the same be not paid at that time execution shall issue against him with said Defendant for the same and ordered that execution be stayed until 30 days before next Court.

126
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 440.
State of Missouri Plaintiff
vs                                                   Gaming
John Daniel Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged jn the bill of indictment whereupon the Court doth assess as a punishment on said Defendant the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs of suit and that she have execution therefor. And in consideration that execution be stayed until 30 days before the next term of this Court, he will stand security for the said costs and fine and that if the same be not paid at that time he agrees that execution issue against hIm together with said Defendant for the same and it is ordered that execution be stayed until 30 days before next Court.

p 441.
State of Missouri Plaintiff
vs                                                   Gaming #3
John W. Lingo Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney by leave files his plea and being ready for trial, thereupon came a Jury, viz R.C. Abernathy, J.M. Martin, B. Watson, D.M. Bedell, H. Potter, J.A. Miller, Jas Murrell, R.A. Plumb, John Young, A.F. Church, J.A. Morton and A.L. Galbraith, twelve good and lawful men who being eleccted tried and sworn and having heard the evidence upon their oath say "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant her said fine and also costs of suit and that she have execution therefor.

Ordered by the Court that William Hendrick be fined five dollars for contempt of Court
in failing to answer as Juror in case of State vs Lingo.

p 441/442.
Following causes continued untIl next term of this Court
State of Missouri vs John Dixon -- Gaming
State of Missouri vs A.J. Rickett -- Gaming
State of Missouri vs William R. Mills -- Sabbath Breaking
State of Missouri vs Samuel McDaniel -- Selling Liquor Without License #1
State of Missouri vs Samuel McDaniel -- " " " " #2
State of Missouri vs Samuel McDaniel -- " " " " #3
State of Missouri vs Samuel McDaniel -- " " " " #4

p 443.
State of Missouri vs Samuel McDaniel -- Selling Liquor Without License #5
State of Missouri vs Samuel McDaniel -- " " " " #6
State of Missouri vs Samuel McDaniel -- " " " " #7
State of Missouri vs Samuel McDaniel -- " " " " #8

p 444.
State of Missouri Plaintiff
vs                                                   Disturbing Worship
Thomas B. Payne Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a punishment on said
(continued)

127
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 444 (cont.)
Defendant a fine of five dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant the said sum of five dollars for her fine and also costs of Suit laid out and expended and that she have execution therefor.

p 444/445.
Causes continued until next term of this Court
State of Missouri vs William Littlepage -- Gaming #1
State of Missouri vs WillIam Littlepage -- Gaming #2
State of Missouri vs Granville Taylor -- Gaming
State of Missouri vs John Foster -- Selling Liquor Without License

p 446.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
John Foster Defendant
Now at this day comes the Defendant and on his application this cause is continued until the next term of this Court and John Dickens a witness in behalf of the State comes and acknowledges himself to owe and stand indebted unto the State of Missouri in the sum of fifty dollars to be levied of his goods, chattels, lands and tenements to be void on condition that he be and appear before the Judge of our Greene County Circuit Court on the first day of the next term thereof and testify in the above entitled cause and not depart State Court without leave.

Following cases continued until next term of this Court
State of Missouri vs John Foster -- Selling Liquor #3
State of Missouri vs John Foster -- Selling Liquor #5

p 446/447.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Jackson Fleetwood Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and the Defendant being thrice solemnly called comes not but makes default and it appearing to the Court the said Defendant Jackson Fleetwood entered into a recognance to the State of Missouri in the sum of five hundred dollars on the 5th day of January 1859 with Adam Fleetwood, R.R.P. Todd, W.R. Veill, William W. Todd, Isaac Rogers and Samuel Owen as his securities which was approved by the Hon. P.H. Edwards Judge of the 14th Judicial Circuit, said recognance conditions that if the said Defendant, Jackson Fleetwood, should be and make his personal appearance before the Hon. Greene Circuit Court on the first day of the present term thereof to answer to a Bill of Indictment pending in said Court against said Defendant for Grand Larceny to be void otherwise to remain in full force. And the said Adam Fleetwood, R.R.P. Todd, W.R. Veill, William W. Todd, Isaac Rogers and Samuel Owen securities in said recognance being also thrice called and required to bring into Court the said Jackson Fleetwood the said Defendant in obedience to the recognance come not but make default. It is considered by the Court that the recognizance be forfeited unto the State of Missouri and that a scira funas issue against the said Adam Fleetwood, R.R.P. Todd, W.R. Veill, William W. Todd, Isaac Rogers and Samuel Owen securities as aforesaid requiring them to appear on the first day of the next term of this court and show cause if any they have why the State of Missouri should not have and recover from them the said sum of five hundred dollars and that an execution issue therefor.

128
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
August Term 1859

Page 448.
Ordered by the Court that the following report and approval thereof made by a committee appointed to regulate fees in partition suits be entered of record, viz:

To His Honor the Judge of the Circuit Court of Greene County, Missouri
The undersigned members of the Bar to whom was referred the subjects of a scale of fees in case of partition of real estate, beg leave to report: That after giving to the subject due consideration, they have concluded the following:
On the first thousand dollars, 5%,
On the second and third thousand dollars 21/2% each,
On all sums above three thousand dollars 1%, all of which is respectfully submitted.
M. Oliver
Robert W. Crawford
L. Hendrick
John S. Waddill
John C. Price
Springfield, August 9th 1859

We the undersigned members of the Bar approve the within and foregoing upon a scale of fees in cases of partition of Real Estate:
S.C. Vaughan
S.H. Boyd
Julian Frazier
John M. Richardson
J.A. Foster
M.A. Steel
Peter S. Wilks
N..F. Jones
S. Orr
J.M. Barker
A.T. Haun

p 449.
Ordered by the Court that the following be entered of record
May it please the Court I arise on behalf of the whole Bar for the purpose and much esteemed members in the death of his companion and on their behalf propose the following:
"Resolved that in consideration of the recent bereavement of William C. Price, Esq., and the respect due him as a distinguished and highly esteemed member of the Bar, it is the desire of the whole Bar that the Court now adjourn till tomorrow morning and that this resolution be spread upon the record of the Court and copy be presented to our bereaved friend."
L. Hendrick

Ordered by the Court that Messrs Haun, Hendrick and Wilks be appointed a committee to deliver a copy of the above resolution to W.C. Price.

Joseph M. Carthal et al
vs                                                   Petition for Partition
Mary Carthal et al
Now at this day comes the Commissioners appointed at the last term of this Court to make partition of the real estate of Jonathan Carthal deceased and by leave of Court file the following report of the proceedings, viz To the Honorable Circuit Court within and for the County of Greene in the State of Missouri the undersigned Commissioners appointed by said Court at the March Term thereof for the year 1859 to make partition of the real estate belonging to Joseph M. Carthal, A.F. Bigbee, George and John Younger and Mary C. Carthal beg leave to make the following report That said Commissioners proceeded to execute the Trust reposed in them by dividing the land mentioned in the petition and the order of said Court at said term aforesaid as follows - They allot to John Younger and George Younger in equal undivided portions the following land described as follows to wit the NW 1/4 and W 1/2 of the NE 1/4 of Section 31 TWP 29 Range 23 also the W 1/2 of the NE 1/4 and NE 1/4 of SE 1/4 of Section 8 TWP 28 Range 22.
(cont.)

129
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 449 (cont)
Secondly To Joseph M. Carthal the S 1/2 of the SW 1/4 of Section 10 and S 1/2 of SE 1/4 of Sect. 1, the NE 1/4 of NE 1/4 of Sect. 10 and also the NW 1/4 of NE 1/4 of Sect. 23 all in TWP 28 of Range 22 and also the SW 1/4 of Sect. 3 TWP 27 of Range 22.
Thirdly To A.F. Bigbee and Sophronia Bigbee the N 1/2 of SW 1/4 of Sect. 10 and the N 1/2 of the SE 1/4 of Sect. 9 and SW 1/4 of NW 1/4 of Sect. 10 and the SE 1/4 of SE 1/4 of Sect. 8 and the NE 3/4 of Sect. 9 all in TWP 28 of Range 22, except a portion of said land, to wit part of W and SE and NE 1/4 Sect. 9 TWP 28 Range 22 that has heretofore been sold to Ruban Steel. The said portion of said land above mentioned that has been allotted to A.F. Bigbee and Sophronia Bigbee is subject to the Dower in Trust of Mary M. Carthal. John L. McCraw Jabez Owen William B. Farmer

p 450/451.
State of Missouri, County of Greene
Be it remembered that on this the 4th day of August 1859 personally appeared before the undersigned Justice of the Peace in and for Campbell Township in said County John L. McCraw, Jabez Owen and William B. Farmer who are known to be the persons who signed the foregoing instrument as parties thereto and acknowledged the same to be the act and for the purpose therein contained. J.W. Mack J.P. And all and singular the premises being seen and by the Court fully understood. It is ordered and adjudged by the Court that said report be received and that the lands alloted to the several parties therein named be and vest in the said parties their heirs and assignees and said report be in all things approved.

p 451. Wednesday, August 10, 1859
State of Missouri Plaintiff
vs                                                   Felonious Assault
Henry M. Nelson Defendant
Now at this day comes tbe Defendant in person and by Attorney and on his application for cause shown this cause is continued until the next term of this Court whereupon comes John P. Jones who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of $50 to be levied of his goods and chattels land and tenements to be void on condition that the said John P. Jones be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof and testify in behalf of the State in the above entitled cause and not depart said Court without leave.

p 452.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
John Foster Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and being ready for trial thereupon came a Jury, viz: R.B. Coleman, A.M. Julian, John Demoth, J.W. Perkins, S.M. Bigbee, M.J. Hubble, C.B. Holland, J.F. Warren, W.A. Shackleford, A. Demoth, W.J. Bradley, W.L. Chapman, who being duly elected tried and sworn having heard the evidence by instruction of the Court say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

130
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 452.
State of Missouri Plaintiff
vs                                                   Gaming #1
Henry Utt Defendant
Now at this day comes the Circuit Attorney and the Defendant in person and by attorney and being ready for trial thereupon comes a Jury, viz: R.B. Coleman, J.B. Perkins, A.M. Julian, S.M. Bigbee, W.A. Shackleford, John Demoth, M.J. Hubble, C.B. Holland, A. Demoth, W.J. Bradley, W.L. Chapman and J.F. Warren, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant guilty as charged and assess his fine at ten dollars." It is therefore considered by the Court that the State of Missouri have and recover of said Defendant the said fine and costs and that she have execution therefor.

p 452/453
State of Missouri Plaintiff
vs                                                   Felonious Assault
John Carter Defendant
Now at this day comes the Defendant by Attorney and by leave of the Court and on application of Defendant this cause is continued until the next term of this Court and Nathaniel Brown and Joseph Molds come and acknowledges themselves to Owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be voId on condition that the said Nathaniel Brown and Jos. Molds shall be and make their personal appearance before the Judge of the Greene CircuIt Court on the first day of the next term of this Court and testify on behalf of the State in the above cause and not depart said Court without leave.

p 453.
State of Missouri Plaintiff
vs                                                   Playing Cards on Sunday
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty thereupon the Court doth assess as a fine on said Defendant the sum of five dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant the said sum of five dollars her fine and also costs and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #2
Henry Utt Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and W.M. Hunt in consideration that the cause be tried no are absente by Defendant that he will stand security for any fine and cost that may be adjudged against hIm and being ready for trial thereupon comes a Jury, viz: Trueland White, J.R. Brown, C.B. Owen, A.F. Bigbee, Jacob Painter, D.L. Fulbright, F. Abernathy, R. Rose, R.M. Jones, T.R. Dodson, J.S. McQuerter and J.R. Steel, twelve good and lawful men who being elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant and his said security, W.M. Hunt, his said fine and that she have execution therefor against said Defendant and his security as aforesaid.

131
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 454
Now at this day comes the Grand Jury and return into Court the following Bills of Indictment, viz:

State vs A.M.H. Felonious Assault
State vs Joseph Shooker -- Peddling Without License #1
State vs Joseph Shocker -- Peddling Without License #2
State vs Joseph Shooker -- Peddling Without License #3
State vs P.R. -- Felonious Assault
State vs R.G. -- Felonious Assault
State vs J.S. McQuerter -- Nuisance
State vs W.T. -- Felonious Assault
State vs C.S. Bodenhamer -- Cruelty to Slave
Which said Indictments are ordered on file and capias ordered to issue forthwith, and there being no further business before the Grand Jury said Jury is by the Court discharged.

Following causes continued until next term of this Court:

State of Missouri vs William M. Hunt -- Gaming #1
State of Missouri vs William M. Hunt -- Gaming #2

p 455/456.
Following causes continued until next term of this Court:

State of Missouri vs William M. Hunt -- Gaming #4
State of Missouri vs William M. Hunt -- Gaming #5
State of Missouri vs William M. Hunt -- Gaming #6
State of Missouri vs Milton Denney -- Selling Liquor Without License #1
State of Missouri vs Milton Denney -- Selling Liquor Without License #2
State of Missouri vs Milton Denney -- Selling Liquor Without License #3
State of Missouri vs A.H. Payne -- Gaming

p 456.
State of Missouri Plaintiff
vs                                                   Perjury
James F. Oneal Defendant
Now at this day comes the motion to quash the Indictment in this cause to be heard and the Court being advised of the premises said motion is by the Court overruled.

J.R. Jenkins Plaintiff
vs                                                   Civil Action
Ancil Lawson Defendant
Now at this day comes the Defendant by attorney and by leave of the Court withdraws his answer filed in this cause against him and the Court from an examination of premises doth find that said Defendant is indebted to said Plaintiff in the sum of $1102 and the Court further finds that the note sued on was executed in the State of California and bearing interest rate of one percent per month which was in the State in said note and the amount doth find from an examination of the same that damages on said note is the sum of $192.58. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Plaintiff the said debt and damage and also cost of suit and that he have execution thereon, And it is agreed that execution be stayed until 30 days before next term.

132
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 457.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and being ready for trial thereupon came a Jury, viz: J.N. Goss, J.C. Bigbee, J.F. Dunn, J.D. Foster, Henry Hay, L. Pearce, J.H. Freeman, C.S. Bodenhamer, J.J. Bradley, J. Jenkins, R.L. Rainey, D.M. Bedell, twelve good and lawful men who being duly elected tried and sworn having heard the evidence by instruction of the Court upon their oath say "We the Jury find the Defendant not guilty." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

p 458.
Following causes continued until next term of this Court
State of Missouri vs M. Tannehill -- Selling Liquor Without License #2
State of Missouri vs M. Tannehill -- Selling Liquor Without License #3
State of Missouri vs M. Tannehill -- Selling Liquor Without License #4
State of Missouri vs M. Tannehill -- Selling Liquor Without License $5

p 459. Thursday August 11, 1859.
State of Missouri Plaintiff
vs                                                   Conspiracy
E. Almon, Y.G. Cannon Defendants
Jason Jones
Now at this day comes the Circuit Attorney and says he will not further prosecute the suit against Y.G. Cannon but as to him will suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said suit against said Y.G. Cannon and that he be discharged hereof and go hence without day.

Judith E. Kimbrough, et al EXPARTEE, Petition for Sale of Land -
Now at this day comes Henry Matlock Commissioner appointed at last term of this Court to sell the real estate mentioned in the petition and by leave of the Court files his report with a Bill of Costs and Charges as follows: Clerk's Fee $355 Commission Fee $26 Printer Fee $3.55
Which report is by the Court approved.

p 460.
State of Missouri Plaintiff
vs                                                   Conspiracy
Jason Jones, Edward Almon Defendants
Now at this day comes the Circuit Attorney and also the Defendants and being ready for trial thereupon came a Jury, viz: R.A. McCluer, J.B. Biederlinden, H.L. Holland, Jos. Morris, R.G. Abernathy, E. Compton, Henry Sheppard, R.P. Faulkner, J.A. Patterson, Z. Roberts, J.L. Holland and E. Pratt, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say by instruction of Court "We the Jury find the Defendant not guilty." It is therefore considered by the Court that the State of Missouri take nothing by his said suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
John Daniel Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and being ready for trial thereupon comes a Jury, viz: R.A. McCluer, J.B.
(cont)

133
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
AUGUST TERM 1859

p 460 (cont)
Biederlinden, H.L. Holland, Jos. Morrts, R.G. Abernathy, E. Compton, J.A. Patterson, Z. Roberts, J.L. Holland, E. Pratt, R.A. Abernathy, Joseph Burden, twelve good and lawful men who being duly elected tried and sworn having heard the evidence upon their oath say "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess his fine at $20." It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant his said fine and also costs of suit and that she have executIon therefor.

p 461.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
John Daniels Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment, whereupon the Court doth assess as a fine on said Defendant the sum of twenty dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
John Daniels Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment, whereupon the Court doth assess as a fine on said Defendant the sum of twenty dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs of suit and that she have execution therefor.

p 462.
John L. Rainey et al
vs                                                   Civil Action
Sarah Edmonson
Now at this day comes the Defendant by Attorney and leave is given Defendant to answer on or before the first day of November, next, and Plaintiff reply by first day next term without prejudice to trial and this cause is continued until the next term of this Court.

John L. Rainey et al
vs                                                   Civil Action
Joseph T. Morton
Now at this day comes the Defendant by Attorney and leave is given Defendants to answer on or before the first day of November, next, and Plaintiff reply by first day next term without prejudice to trial and this cause is continued until the next term of tbis Court.

John L. Rainey et al
vs                                                   Civil Action
Samuel Woody
Now at this day comes the Defendant by Attorney and leave is given Defendants to answer on or before the first day of November, next, and Plaintiff reply by first day next term without prejudice to trial and this cause is continued until the next term of this Court.

134

August Term Continued
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