Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

December Term 1835.

At a Circuit Court commenced and in the town of Springfield in the County of Greene and State of Missouri on Monday the 28th day of December 1835. Present - the Honourable Charles H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff.

Jason Trasil foreman, John H. Clark, William Stout, James Renfro, Allen Robinson, Thomas C. Wilson, Gray Wills, John Guin, David Ross, John Roper, Nicholas Darnel, Henry Wilson, Robert B. Small, William P. Henderson, John Nash and James Washburn were sworn a Grand Jury for the State of Missouri for the body of Greene and having received their charge - retired.

State of Missouri
vs                                                             Indictment for Gaming
Samuel Tease and Charles Tease
cause ordered continued

57
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A December term

p 126.
State of Missouri
vs                                                             Indictment Adultory and Fornication
Edmund J. Carter & Susan Evans
cause ordered continued --

p 127.
State of Missouri
vs                                                             Indictment for Gaming
Samuel Ervin
cause ordered continued --

State of Missouri
vs                                          Indictment for retailing ardent-spirits without license
John Edwards
This day came the Circuit Attorney in behalf of the State of Missouri and John Edwards in his own proper person and for his plea saith he is not guilty in the manner and form as in the indictment aforesaid is alledged against him and for his trial puts himself upon the County and thereupon came a Jury, to wit: Richard Street, Peter Apperson, Wade Lipscomb, Edwin Robinson, Robert Patterson, John Sturdevant, Kindred Rose, John S.
Shanks, Samuel Dixon, William McLane, Alfred T. Bone and Daniel Beal, who were elected tried and duly sworn well and truly to try this cause and after hearing the evidence and counsel in this cause returned into Court here the following verdict "We the Jury find the Defendant guilty in manner and form as charged against him and assess his fine at twenty dollars - Alfred T. Bone foreman". Wherefore it is considered by the Court of monies expended and that the State of Missouri have execution thereof.

p 127/128
State of Missouri
vs                                                  Indictment for selling goods without license
David 0. George
This day came the Circuit Attorney in behalf of the State of Missouri and David 0.George the Defendant in the above cause in his own proper person pleads guilty of the premises in the indictment aforesaid. Thereforee it is considered by the Court here that the said David 0. George pay a fine to the State of Missouri twenty dollars for said offence together with all costs which may have accrued in the aforesaid cause.

p 128.
State of Missouri
vs                                                        Indictment for pedling without license
David O. George
This day came the Circuit Attorney in behalf of the State of Missouri and David 0. George the Defendant in his own proper person and pleads guilty of the charges against him alledged in the said indictment and puts himself upon the mercy of the Court. Thereforee it is considered by the Court here that the said Defendant pay a fine to the state of Missouri of twenty dollars with all costs in that cause expended.

State of Missouri
vs                                                             Indictment for Gaming
Charles Teas and Samuel Teas
Cause continued --

Court adjourned untill tomorrow morning nine of the clock.

58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December term

p 129.
Thomas Stokes, one of the Grand Jury for the State of Missouri and County of Greene, as returned by the Sheriff upon good cause shewn, was discharged from the duty aforesaid by the Court.

State of Missouri
vs                                                             Upon Forfeiture of Recognizance
William Henry
This day came William Henry in his own proper person and offered to the Court here satisfactory excuse for his default, whereupon it is ordered by the Court here that the forfeitures -of Recognizance be set aside.

State of Missouri
vs                                                            
John Pettijohn
This day came John Pettijohn in his own proper person into the Court and having offered satisfactory excuse for his default as Grand Juror at the last term of Court here that the said Defendant be excused.

Jesse Noakes
vs                                                             Appeal
Daniel D. Berry
Judgment in this cause arrested. Appellant recover of Appellee his costs and charges

p 130.
State of Missouri
vs                                                         Indictment Assault with intent to Kill
John Roberts
This day came the Circuit Attorney in behalf of the State of Missouri and it appearing that a change of Venue in this cause hath been' granted by our Judge to Morgan Circuit Court upon motion of said Circuit Attorney the witnesses in this cause were recognized to appear at the May term of the said Morgan Court.

John P. Campbell came into Court here and Acknowledged himself indebted to the State of Missouri in the just and full sum of one hundred dollars to be levied of his respective goods and chattles lands and tenements to be void however upon condition that the said John P. Campbell shall personally appear at the Morgan Court at the next May term of our Circuit Court on the first day thereof and then give evidence in behalf of the State of Missouri in a certain matter of controversey now pending in said court wherein the State of Missouri is Plaintiff and John Roberts is Defendant and not depart therefrom without leave of Court.

Junius M. Rountree came into Court here and Acknowledged himself indebted to the State of Missouri in the just and full sum of one hundred dollars to be levied of his respective goods and chattles lands and tenements to be void however upon condition that the said Junius M. Rountree shall personally appear at the Morgan Court at the next May term of our Circuit Court on the first day thereof and then give Evidence in behalf of the State of Missouri in a certain matter of controversey now pending in said court wherein the State of Missouri is Plaintiff and John Roberts is Defendant and not depart therefrom without leave of Court.

Thomas Horn and Lucius A. Rountree received like charges as above to appear Morgan Court.

Page 131.
Cornelius D. Terrell
vs                                                             Action for Slander
James Garrison
cause ordered dismissed

59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December term

Page 132.
Isaac Woods
vs                                                             Action for Slander
Stephen Fisher
This day came the Defendant by his attorney and filed herein his plea to the Plaintiff's action whereupon the Plaintiff by his attorney filed herein his demurer to the third plea of the Defendant as above pleaded - and all and singular the premises being held by the Court the Court doth consider that the law is with the Plaintiff. Thereforee it is considered by the Court here that the said Plaintiff recover his costs and charges by him in this behalf laid out and expended.

John S. Burnett
vs                                                            
Robert Patterson
This day came the parties by their attorneys and thereupon came a Jury, to wit: Edward Thompson, Samuel Dixon, Erastus McMurry, Willy D. Brown, Larkin Payne, David Runnolds, Archibald Morris, Martin Taylor, Edwin Robinson, Richard Whitlock, William McLane, the Cause being submitted to eleven Jurors by consent of both parties who were elected tried and duly sworn well and truly to try this cause and after hearing the evidence
and argument of Counsel on both sides, returned the following verdice, to wit: We the Jury find for the Plaintiff one hundred thirty five dollars and eighty four cents in damages, Willis D. Brown, foreman." Thereforee it is considered by the Court here that the said Plaintiff recover of said Defendant Robert Patterson the sum of one hundred thirty five dollars and eighty four cents the damages aforesaid by the Jury aforesaid assessed together with all costs and charges by him in his behalf laid out and expended and that the said Plaintiff have hereof his Writ of Execution.

p 133.
William Fulbright & A.J. Burnett
vs                                                            
John P. Campbell & John Welker
cause dismissed at cost of the Plaintiff --

Jesse Noakes
vs                                                            
Willis G. Berry and others
This day came the parties by their attorneys and thereupon came a Jury, to wit: Junius M. Rountree, Robert Forbus, Joseph Burden, David Wallis, Joseph Price, Joseph Rountree, John Pettijohn, Joseph Rich, Randolph Britt, John T. Shanks, Thomas J. Whitlock and Reubin Harper who were elected tried and duly sworn well and truly to try this Cause and after hearing the evidence and the argument of Counsel on both sides returned the following verdict: "We the Jury find the Defendants Willis G. Berry and Thomas Patton, guilty and assess his damage to one hundred twelve dollars and fifty cents, Joseph Burden, foreman." Thereforee it is considered by the Court here the said Plaintiff recover of the said Defendants the sum of one hundred twelve dollars and fifty cents the damages aforesaid by the Jury aforesaid assessed together with all costs and charges by him in his behalf laid out and expended and that the said Plaintiff have hereof his Writ of Execution.

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

60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December term.

p 134.
State of Missouri
vs                                                             Larceny
Manuel Carter
James Bevins, a witness, recognized in thjs cause having made his personal appearance in Court according to the tenor of his Recognizance was by the Court discharged.

Moses Craft
vs                                                             Petition for Mandamus
Peter Graham esq.
This day came the Plaintiff by his attorney and filed here in Court his petition for a Writ of Mandamus and all and singular the premises being understood by the Court, 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 untill the next term of this Court.

William Fulbright & Achilles Burnete Plaintiffs
vs                                                             Appeal
Stephen Fisher Defendant
petition for dismissal overruled--

Dreury Merite
vs                                                             Appeal
Benjamin Kimberland
motion to dismiss this appeal - Court dismissed at costs and charges to Plaintiff. Defendant have his Writ of Execution.--

p 135.
State of Missouri Plaintiff
vs                                                             Larceny
Manuel Carter Defendant
This day came James Blevans, a witness in above case, and presented his account amounting to thirtyone dollars and fifty cents which was examined in open court and ordered to be certified to the Auditor of Publick Accounts for allowance.

Littlebury Hendrick, Administrator of
Estate of James Carter, deceased
vs                                                             Appeal
Joseph Birden
This day came the parties by their attorneys and thereupon came a Jury, to wit: Nathaniel Kimberland, Davis Fields, Martin Taylor, Samuel Dickson, Erastus McMurry, Lemoin Freeman, Jacob Roler, Samuel G. Martin, Edwin Vaughn, Wiley D. Brown, Archibald Morris and Thomas Hodge were sworn a Jury well and truly to try the issue in this Cause joined and returned into Court the following verdict "We the Jury find the Defendant not guilty, Wiley D. Brown, foreman". Thereforee it is considered by the Court here that the said Defendant recover of the said Plaintiff his costs in this suit laid out and expended as well in the Court below as in this Court and that he have thereof his Writ of Execution.

p 136.
John Wilson
vs                                                             Petition for Mandamus
Greene County Court
This day came the Plaintiff by his attorney and the Coroner for the County of Greene returned here into Court a Writ of Attachment against the Sheriff of said County for not making his return upon a writ of Mandamus in this Cause issue and to said Sheriff directed together with the body of said sheriff who offered to the Court a

(continued)

61
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December term

p. 136 (cont)
satisfactory excuse for said default, thereforee it is considered and ordered by the Court here that said Chesley Cannefax the Sheriff as aforesaid be discharged.

John Wilson Plaintiff
vs                                                             Petition for Writ of Mandamus
Greene County Court Defendant
Cause continued next term of Court --

Court met pursuant to adjournment - present C.H. Allen circuit Judge, Cornelius D. Terrill Clerk, Chesley Cannefax Sheriff.

Larkin Payne Plaintiff
John Sturdivant & Richard Steele Appeal
This day came the parties by their attorneys and neither party requiring a Jury this Cause is submitted to the Court and after having heard the evidence and the argument of Counsel it is considered by the Court here that the said Plaintiff recover of the said Defendant John Sturdivant the sum of twenty dollars together with his costs and charges by him in his defence before the Justice - and it is further considered by said Court that the said Defendant Sturdivant recover of the said Plaintiff the costs and charges in this Court laid out and expended and that they have thereof their respective Writ of Execution.

p 137.
Samuel Bogart Plaintiff
vs                                                             Petition to withdraw a note -
George Duncan Defendant
This day came the Plaintiff by his attorney and filed herein his petition for leave to draw a note filed on the record of this Court filed in the case of an Appeal where the said Bogart and Duncan were the parties and all and singular the premises being understood and fully heard, leave is given said Bogart to withdraw said note.

Samuel Martin Plaintiff
vs                                                             Appeal
William Dye Defendant
cause ordered continued --

Alphius Huff Plaintiff
vs                                                             Certiarari
Alexander Chadick Defendant
This day came the Justices of the Peace according to the command of a Writ of Attachment issued against them who were by the Court examined and discharged.

Alphius Huff Plaintiff
vs                                                             Petition for Writ of Prohibition
Ragland M. Langston &
Joseph Rountree, esq Defendants
This day came Alphius Huff by his attorney and filed herein his petition for a Writ of Mandamus and all and singular the premises being understood by the Court it is ordered by the Court here that a peremptory writ of Prohibition be issued directed to said Justices commanding them to Proceed no further in said case.

62
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A, December term

p. 137.
The Grand Jury returned into Court a true bill against Alexander W. Vincent-- a true bill for resisting Legal Process -- a true bill against William Dye for retailing speritous liquors -- a true bill against William M. Payne for perjury. Having no other business before them were discharged.

p 138.
State of Missouri Plaintiff
vs                                                    Indictment for Resisting of Legal Process
Alexander W. Vincent Defendant
This day came the Defendant in his own proper person and puts himself upon his trial and thereupon came the Circuit Attorney for the State of Missouri, whereupon came a Jury, to wit: Thomas Hodge, Erastus McMurry, Davis Fields, Edmund Vaughn, Archibald Morris, Martin Taylor, James Simpson, Evans Tileo, Solomon Cotner, Alexander Brown, Randolph Britt and James Potter who were duly elected tried and sworn well and truly to try this issue in this Cause joined who returned into Court the following verdict, to wit: "We the Jury find the Defendant guilty in manner and form as charged against him and do find that he be imprisoned twenty four hours and do also assess his fine to twenty five dollars." Thereforee it is considered by the Court here that the said Defendant do make his fine to the State of Missouri by the payment of twentyfive dollars and also that he be imprisoned in the common jail of the County for the space of twentyfour hours and that he stand committed to the custody of the Sheriff until the fine and costs aforesaid be paid.

William Welch & Jacob Lindley Plaintiffs
vs                                                             Petition for Writ of Injunction
Robert Graham
This day came the perties by their attorneys and all and singular the matters and things being fully heard and understood by the Court, it is ordered a Writ of Injunction be awarded upon condition that the said Lindley enter into bond, to the Plaintiff in the sum of two hundred and fifty dollars conditioned accordingly to the Statute in such case made and provided, and that this Cause be continued untill next term of Court.

Ordered that all causes and motions not otherwise disposed of be continued until next term of this Court.
Ordered that Court adjourn untill Court in Course.
C.H. Allen Circuit Judge.

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