Abstract of Circuit Court Record Books 1833 - 1839


GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

December Term 1837

p 208
Present - Honorable Foster P. Wright Judge, Cornelius D. Terrell Clerk and Chesley Cannefax Sheriff

John T. Phelps esq is appointed prosecuting attorney, protem. D.D. Berry who was summoned for the present term is excused by the Court from service. James C. Tunnor & Raglan M.Langston also excused by the Court from serving as Grand Jurors at present term.

85
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1837

p 208
Grand Jury - William Townsend is appointed foreman and took his oath as such. John G. Martin, William T. Darnell, Henry C. Morrison, John Burden, James Reese, Randolph Brit, Levi Click, Enoch L. Peck, Alex Younger, Larkin Paine, A. Payne, John W. Ball, J.L.C. Hudelstan, A. Hollingsworth, Thomas Gilbreth, Robert Wills and Wiley D. Brown, were sworn as Grand Jurors and - receiving their charge - retired.

p 209.
Peter French
vs                                                             Trespass
Jno. Nash and James Kimberlin
This day came the Defendants by their attorney and moved the Court to rule the Plaintiff to Security for the costs of suit and after said _____ being heard by the Court it iso rdered that the Plaintiff enter in to sufficient security 30 days previous to the next setting of this Court which security shall be taken by the Clerk of said Court.

State of Missouri
vs                                                             Indictment
A. Hollingsworth
motion by Defendant to quash indictment - overruled--

Nicholas Friend
vs                                                             Trespass
Dreury Merritt
Defendant filed motion to Quash--

p 210.
Dreury Merritt
vs                                                             Trespass
Thomas Horn
Plaintiff dismissed his suit. Defendant recover expenses from Plaintiff--

Stephen Fisher
vs                                                             Trespass
John Roberts
Plaintiff dismissed his suit--

Robert Graham
vs                                                             Trespass
Jacob Lindley
This day came the Plaintiff by attorney and moved the Court to grant him an alias writ which is granted accordingly.

Peter Apperson
vs                                                             Trespass. Petition and summons
Nelson Lumley
Plaintiff dismisses suit. Defendant recover expenses from Plaintiff--

p 211
Tuesday morning December 5th 1837. same Court Officials.

State of Missouri
vs                                                             Indictment assault and battery
Ananant Holl ingsworth
This day came the Defendant by attorney and filed here in Court his special Plea.

86
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book a. December Term 1837

p 211.
John Burden
vs                                                             Trespass
James Lunsford and others
Motion filed to appoint Gray Wjlls an Elizor who was appointed and qualified accordingly.

Peter Apperson
vs                                                             Certiorari
Sidney S. Ingram
This day came an to be argued the Defendants motion filed at the last term of this Court for a new trial in the Circuit Court and argument of Counsel being heard by the Court thereon and all the matters and things being fully understood by the Court it is ordered that the Judgment of the Justice be affirmed and that the Plaintiff recover of the Defendant his cost about this suit expended both in this and in the Court below for all of which execution may offer.

p 212.

State of Missouri
vs                                                          Indictment assault with intent to kill.
John Roberts
This day came the State by John S. Phelps who prosecute in behalf of the State and the death of the Defendant being suggested to the Court, it is ordered by the Court that said suit abate, and that Judgment for cost await the decision of this Court, which is taken under advisement until the next term of this court.

Nicholas Friend
vs                                                             Trespass
Dreury Merritt
Motion to rule the Plaintiff to give security for costs and satisfactory evidence being shown the Court that the Plaintiff had no certain place of abode said motion was sustained wherefore it is ordered by the Court that the Plaintiff enter into Security for the costs which has accrued and may yet accrue on said suit 30 days previous to the setting of the next term of this Court, whereupon came the Plaintiff together with William Friend and Andrew Friend his securities who entered his bond for the costs of suit.

p 213.
John Burden
vs                                                             Trespass
James Lunsford, Wiley Lunsford, David Appleby, Chesley Cannefax
This day came the parties by their attorneys and thereupon came a Jury, to wit - Bennet Robinson, David Roper, John Edwards, Isaac Woods, Alvin Foster, J.T. Renew, Wade Lipscomb, Andrew Friend, Dreury Merritt, James Massey, John D. Shannon and Nathaniel Massey who were duly summoned, elected tried and sworn well and truly to try the issued joined between the parties upon their oaths return the following verdict, viz: We the Jury find the defendants not guilty as charged in the Plaintiffs declaration as charged in the Plaintiffs Declaration, John D. Shannon foreman. Thereforee it is considered by the Court that the Defendants recover of the Plaintiff the cost about said suit expended for which execution may issue.

p 214.
Wednesday morning December 6th 1837. Same Court officials

State of Missouri
vs                                                             Demurer
Avanant Hollingsworth
cause continued until next court term

87
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1837. Wednesday Morning December 6th 1837. Same Court officials.

p 214.
State of Missouri
vs                                                            
Avanant Hollingsworth Demurer
continued until next Court term.

Nicholas Friend
vs                                                             Trespass
Dreury Merritt
This day came the parties by their attorney and thereupon Peter Apperson, Joseph Burden, Alexander McKinzie, John R. Sturdivant, Levi P. McAdo, John Yarberry, Sterling B. Allen, John W. Jones, Spencer Clark, Washing Wallace, Damon Philips and David Steel who being duly sunnoned elected tried and sworn to try the issue joined between the parties returned into Court the following verdict, to Wit: We the Jury find the Defendant not guilty as charged in the declaration, Joseph Burden foreman. Wherefore it is considered by the Court that the Defendant recover of the Plaintiff his cost about this suit expended for all of which execution may issue.

p 215.
This day a Grand Jury returned into Court the following indictments endorsed by their foreman, William Townsend
a true bill against John W. Jones and John S. Upshaw Ind. an affray
a true bill against Dreury Upshaw Indictment assault and battery
a true bill against Samuel B. Orr Indictment for Gaming
a true bill against Wilburn and William Rendord for Gaming
a true bill against Rhodham K. Paine Indictment for Gaming
a true bill against Anderson H. Paine Indictment for Gaming
a true bill against Samuel B. Orr Indictment for Gaming
a true bill against Boyd ________ Indictment for Gaming.
a true bill against Rhodham K Paine Indictment for Gaming
a true bill against James S. James Indictment for Gaming
a true bill against _______ Woods Indictment for Gaming.

After which the Grand Jury was discharged.

p 216. Thursday morning December 7th 1837. Same Court officials.
State of Missouri
vs                                                            
R.K. Paine and others
Defendants filed demurer, Overruled --

p.217.
Peter Friend
vs                                                             Trespass
John Nash and James Kimberlin
In this case the Defendant filed here in court his plea of the general issue and has leave granted to file a special plea 20 days before the next term of this Court of giving the Plaintiff's Counsel a copy thereof.

Benj. Cannefax
vs                                                             Trespass
Benj. Chapman
same text as above -

State of Missouri
vs                                                             Indictment misdemeanor
Avanant Holl ingsworth
This day came the Defendant by attorney and by consent of Counsel this cause is taken up and Judgment given by the Court against the Plaintiff demurer to the Defendant special plea and thereupon it was considered by the Court that the Defendant go hence without day and recover of James Arnold the Prosecutor the costs about said suit expended for all of which execution issue.

88
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1837.
p 218.
James Y. Warren
vs                                                             Trespass
Charles A. Hodar and others
This day came the Defendants by their Attorney and filed herein in Court their plea of the general issue and has leave granted to file a special plea in vacation 60 days from this date by serving the Plaintiff's Counsel with a copy of said Plea.

State of Missouri
vs                                                       Indictment for Gaming. Plea not guilty.
R.K. Paine
This day came the State by John S. Phelps, the Circuit Attorney Pro Tem, who prosecutes in behalf of the State and the Defendant in his own proper person who being charged in a bill of indictment for plea thereto says he is not guilty and puts himself upon the County and the Prosecuting Attorney having done the like and thereupon came a Jury, to Wit: William Yanisan, Joseph Powell, David Harris, James Cornielson, Thomas Stokes, Samuel Dickson, Archibald Young, Daniel D. Berry who being duly surtrnoned, elected, tried and sworn well and truly to try the issue between the State of Missouri as Plaintiff & R.K. Paine is Defendant who returned here into court therein - verdict which in the words following, to wit: "We the Jury find the Defendant not guilty as charged in the indictment, A. Young foreman." Wherefor it is considered by the Court that the Defendant go hence without day.

p 219.
Avanant Hollingsworth
vs                                                             Trespass
James Arnold
This day came the Defendant by Attorney and by agreement of Council has leave to plead in vacation 60 days from this date by serving the Plaintiff's Council with a copy of said plea.

The same
vs                                                            
The same
This day came the Plaintiff and dismissed his suit whereupon it is considered by the Court that the Defendant go hence without day and recover of the Plaintiff his cost about said suit expended for all of which execution may issue.

Nicholas Friend
vs                                                            
Dreury Merritt Trespass. Motion for a new trial
This day came the Plaintiff by his Attorney and filed here in Court his motion for a new trial and after argument of Council being heard thereon it is considered by the Court that said motion be overruled.

State of Missouri
vs                                                             Indictment for gaming
R.K. Pain
This day came R.K. Pain his security who acknowledged themselves to owe and justly to be indebted to the State of Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenements for the use of the State. To be void on condition that R.K. Pain the Defendant above named make his personal appearance at the Court House in Springfield on the first day of our next term which commences the first Monday after the Fourth Monday in March, next, to answer an indictment then and there to be exhibited against him for gaming and not depart the Court without leave.

89
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1837

p 220
State of Missouri
vs                                                            
R.K. Pain
This day came the Defendant R.K. Pain together with Larkin Pain, his security, who Acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenements for the use of the State to be void on condition that the Defendant, R.K. Pain make his personal appearance at the Court House in Springfield on the first day of our next term in March, next, to answer a charge of the State to be exhibited against him in an indictment for gaming and not depart the Court without leave.

State of Missouri
vs                                                             Indictment for gaming
Anderson H. Paine
This day came Anderson H. Payne the Defendant above named together with R.K. Paine his security who Acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 each to be levied of their respective goods and chattles land and tenements for the use of the State - to be void on condition that the Defendant Anderson H. Paine above named make his personal appearance at the Court House in Springfield on the first day of our next term which commences the first Monday after the fourth Monday in March, next, to answer a charge of the State then and there to be exhibited against him by indictment for gaming and not depart the Court without leave.

p 221.
Friday morning December 8th 1837. Present as yesterday.

State of Missouri
vs                                                             Recognizance
John W. Jones
This day came the Defendant by attorney and moved the Court to discharge him from his Recognizance taken before one of the Judges of the Court which motion was sustained by the Court.

Wallace and Patterson
vs                                                             Motion to retax costs.
John S. Burnet
Motion is continued until the next term of the Court--

State of Missouri
vs                                                            
John W. Jones Indictment Affray - Recognizance
This day came the Defendant together with John Edwards, his security, who acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $100 each to be levied of their respective goods and chattles lands and tenements for the use of the State - to be void on condition that the said John W. Jones, the Defendant above named shall make his personal appearance at the Court House in the town of Springfield on the first day of our next term which commences the first Monday after the fourth Monday in March, next, to answer a charge of the State of Missouri then and there to be exhibited against him for an Affray, and not depart the Court without Leave.

Ordered by the Court that in the indictments found by the Grand Jury at the present term, where the Defendants have not entered into Recognizance, copiases be issued.

90
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1837

p 222.
Dreury Merritt
vs                                                             Trespass. Judgment by Default.
Benjamin Kimberlin
This day came the Plaintiff by Attorney and the Defendant, being solemnly called to come into Court, came not but made default - wherefore it is considered by the Court that the Plaintiff recover Judgment against the Defendant, and that a Writ of Inquiry be awarded to the next term of this Court.

Thomas H. Boyce
vs                                                             Account filed
Greene County
This day came Thomas H. Boyce and presented his account for house rent and fuel during this term of the Court amounting to $20, which was examined in open Court and ordered to be certified to the County Court for allowance.

State of Missouri
vs                                                             Indictment for gaming
Samuel Tease and E.W. Wallis
This day the Fee Bill in the above cause was presented in the Circuit Court amounting to $85.13 and threequarters cent, which was examined in open Court and ordered to be certified to the County Court for allowance.

Chesley Cannefax
vs                                                             Account filed
Greene County
This day came Chesley Cannefax Sheriff of Greene County and presented his account for attending Court at this term which was examined in open Court and ordered to be certified to the County Court for allowance.

p 223.
Thomas Horn
vs                                                             Account filed
Greene County
Thomas Horn, deputy Sheriff - attending Court at August term 1837 -- $3 -- also attending Court 2 days December term 1837 -- $3.

Cornelius D. Terrell
vs                                                             Fee Bill filed
Greene County
This day C.D. Terrell Clerk of Greene Circuit Court presented his account for stationery, office rent also for seal of the Court screw, amounting to $68.84. which was ---etc.

State of Missouri
vs                                                             Indicttment for grand larceny
Wilson Edson
This day came Chesley Cannefax Sheriff of Greene County and presented his account for boarding the said Edson 27 days amounting to $1O.121/2 which was --etc.

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