Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

December Term 1838

p. 259
At a Circuit Court commenced and held in the town of Springfield in the County of Greene and State of Missouri on the first Monday after the 4th Monday in November 1838. Present: Honorable Foster P. Wright Circuit Judge, Cornelius D. Terrell Clerk and Francis Leeper Sheriff.

The Sheriff of the County of Greene returns here into Court the writ of venire facias to him directed with a panel of Jurors thereon endorsed to serve as the Grand Inquest of the State of Missouri for the body of the County of Greene who being called come as follows, to wit: David Appleby, who by the Court is appointed foreman, Allen E. Goss, Hugh Leeper, William Dillard, William Burford, John McCall, Isaac Julian, James K. Alsop, Thomas Bails, Jeptha Wallis, William G. Tummons, Caleb Headlee, Thomas P. Hodges, Andrew Boss, Richard Steel, Jason Frizzel, Simon Hancock, James Thompson, Hosea Mullings, Christopher McElhannon, Robert Forbus and David Wallis and the said Jury being sworn and having received a charge from the Court, retired from the bar to consider of their presentments.

Ordered by the Court here that Robert W. Crawford be appointed Prosecuting Attorney on behalf of the State in the case of the State of Missouri against Randolph Britt and also in the case of the State against Edward Thompson it appearing to the Court that L.Hendrick, the prosecuting attorney engaged as Council in said cases.

State of Missouri
vs                                                             Indictment for Murder
Randolph Britt
(Court, after mature deliberation, continued cause until next term)

p 259/260.
State of Missouri
vs                                                             Indictment for assault and battery
Drewry Upshaw
(unable locate Defendant. Plurias capias directed to Taney County)

p 260.
State of Missouri vs Samuel B. Orr gaming .
(not found. no longer prosecute)

State of Missouri vs Randolph Britt Murder
(same indictment as on page 101)

104
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December term 1838. p 260.

A. Keithley
vs                                                             Trespass
Solomon Willis
And now came the Plaintiff by his attorney and dismissed the above cause, thereforee it is considered by the Court that the said go hence without day and that he have Judgment for all costs by him laid out and expended in the same and for all which execution may issue.

p 261.
And now at this day came Anderson H. Pain and having produced a certificate from the Sheriff of Greene County that he was regularly and legally summoned as a guard to guard Randolph Britt who was charged with murder and that he guarded said Britt ten days. It is ordered by the Court here that said Pain be allowed the sum of ten dollars on the County of Greene.

Alpheus Huff Plaintiff
vs                                                             Recognizance
David Price, Thlly G. Price, Larkin Eckles
& William Price Defendants
And now at this day came the above named Defendants by their attorney and filed their motion to be discharged from said Recognizance and after mature deliberation and all and singular the premises being fully understood by the Court, it is ordered that the said Defendants be discharged from their Recognizance aforesaid and that the said Defendants have and recover of the said Huff the Prosecutor as well the costs in this Court as in the Court below for which execution may issue.

State of Missouri Plaintiff
vs                                                          Indictment assault with intent to kill
Edward Thompson
(Cause ordered continued until tomorrow)

p 262.
Alvin Foster
vs                                                             Trespass
John Holcomb
(Defendant filed Demurrer to Plaintiff Replication - Court overruled)

Robert L. Brown and David George, partners,
Trading under name of Brown and George Appellants
vs                                                             Appeal
Amos Lunceford Appellee
This day the Appellee by his attorney filed his motion to reverse the Judgment of the Justice and dismiss this cause from the Docket which motion being argued and fully understood was by the Court sustained and leave given to withdraw the note.

State of Missouri Plaintiff
vs                                                          Indictment assault with intent to kill
Edward Thompson
This day comes the Prosecuting Attorney on behalf of the State and the said Defendant in his own proper person who being forthwith demanded of and concerning the premises and how he will acquit himself of the same saith that he is not guilty there of in manner and form as in said indictment he is charged and for his trial puts himself upon the Country and the Circuit Attorney who prosecutes as aforesaid does the like thereupon came a Jury, to Wit: David McHaffee, Bennett Robertson, John C. Johnston, James N. Britt, David Ross, Thomas Ellison, John Pettijohn, David H. Bedel, Elisha Headley, Archibald Payne, Henry
(cont)

105
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1838
p 262 (cont)
Wilson and Isaac Cook who being elected tried and sworn well and truly to try and true deliverance make between the State of Missouri and the said Edward Thompson the provisions at the bar and the evidence in chief on behalf of the state being heard and for want of time this cause is adjourned until tomorrow morning.

p 263.
Wednesday Morning. Same Court officials

Joseph Vaulson Plaintiff
vs                                                             Action of Debt
Benjamin Cannefax, executor of the Defendant
Last Will and Testament of Isham Simms, deceased
This day came the parties aforesaid by their attorneys and by mutual consent it is ordered that cause be and the same is hereby continued until the next term of Court at which time the said Defendant has leave to file his pleas.

Benjamin H. Boone
vs                                                            
Josiah Burney Appeal
Cause continued until next term of Court.

Alvin Foster
vs                                                            
John Holcart Trespass
Cause continued until next nerm of Court.

p 264.
State of Missouri Plaintiff
vs                                                             assault with intent to kill
Edward Thompson
And now at this day again came the Circuit Attorney who prosecutes on behalf of the State as well as the said Defendant in his own proper person and the said Jury sworn on yesterday well and truly to try the said cause and the said Jurors upon their oaths do say that we the Jury do find the Defendant not guilty in manner and form as charged in said indictment and thereforee it is ordered by the Court here that said Defendant go hence without a day.

State of Missouri Plaintiff
vs                                                            
Jesse L. Alred Defendant
Indictment for assisting prisoner to escape from the custody of the constable of Campbell Township on charges of assault and battery. Now on this day came as well the Circuit Attorney who prosecutes for the State of Missouri in this behalf as the said Jesse L. Alred in his own proper person who being demanded of and concerning the premises and how he will acquit himself thereof says that he is guilty in manner and form as charged in said indictment, thereforee it is considered by the Court here that the said Jesse L. AIred do pay a fine to the State of Missouri of ten dollars together with costs and prosecution and that execution issue thereforee. The Grand Jury came into Court and presented the following bills of indictment, to wit:

State of Missouri vs Jesse L. Alred for assisting escape of prisoner from constable on
     charge of misdemeanor
State of Missouri vs Alpheus Huff for wounding
State of Missouri vs James Mitchell for Grand Larceny
State of Missouri vs James Mitchell for Grand Larceny
State of Missouri vs Green Compton for Receiving stolen goods.
Capias to issue on one against James Mitchell - Grand Larceny
Capias to issue on one against Green Compton - receiving stolen goods.

The Grand Jury then retired to consider further business.

106
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1838. p. 265

Constantine Perkins
vs                                                             Appeal
Josiah Burney
And now at the day came Josiah Burney the Plaintiff in the above cause by his attorney and the said Defendant Constantine Perkins being called comes not but makes default. Thereforee it is considered by the Court here that said Plaintiff recover of said Defendant the sum of ninetysix dollars and fifteen cents for his debt and five dollars and ninety cents for damages together with the costs of suit for all which execution may issue.

Brown and George
vs                                                             Petition and Debt
John Holcomb
And now at this day came the Plaintiffs in the above cause as well as the Defendant and the Defendant who says nothing why judgment should not be rendered against him in favor of said Brown and George. Thereforee, it is considered by the Court here that said Plaintiffs have and recover of said Defendant the sum of one hundred ninetyeight dollars and seventy five cents for their debt as well as eightyseven cents for their damage for all which execution may issue.

State of Missouri
vs                                                             Indictment
Alpheus Huff
And now at this day came Alpheus Huff and John H. Akin his security and Acknowledged themselves to owe and be indebted to the State of Missouri in the sum of five hundred dollars to be levied of their respective goods and chattles lands and tenements upon conditions to wit if the said Huff shall be and appear before the Honorable Green Circuit Court for the State of Missouri on the 1st day of our next term thereof to be holden in- Springfield on the 1st Monday after the 4th Monday in March, next, to answer an indictment preferred against said Huff by the State of Missouri for assault and battery and otherwise abide the Judgment of said Court and not depart the same without leave, then the above recognizance to be void.

p 266.
Robert W. Crawford
vs                                                             Motion in debt
James Rains
This day came the said Robert W. Crawford in his own proper person and on his motion it is considered by the Court that the said Robert W. Crawford recover against the said James Raines the sum of sixteen dollars and twentyseven cents for his debt and also the sum of fiftysix cents for his damages and also his cost by him in this behalf expended and that he have execution.

Thursday Morning - same court officials.

Robert T. Brown and David O. George
vs                                        Appeal from Justice of the Peace. Motion to Dismiss
Robert W. Crawford
Now at this day came the parties by their attorneys and the said motion being argued by said Counsel and fully understood, the same is overruled by the Court

Robert T. Brown and David O. George
vs                                                             Appeal from Justice of the Peace
Robert W. Crawford
Now at this day came the said Parties by their attorneys and neither party requiring a Jury the matter is submitted to the Court, which being seen and heard and by the Court
(continued)

107
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1838.

p. 266 (cont) here fully understood the Court here fully understood do find that the said Defendant owes and stands indebted to the said Plaintiffs in the sum of nine dollars and that they have sustained damages to the amount of one dollar and twelve cents by reason of the detention thereof thereforee it is considered that said Plaintiffs recover against the said Defendant their debt and damages aforesaid inform aforesaid assessed by the Court and also their costs and charges by them about their suit in this behalf expended and they have thereof execution.

p 267/268.
(most of page covers Lipsccmb Divorce - published separately)

State of Missouri Plaintiff
vs                                             Indictment for horse stealing and also one bridel
James Mitchell Defendant
Now at this day came as well the Circuit Attorney who prosecutes for the State of Missouri in this behalf as the said James Mitchell in his own proper person who being demanded of concerning the premises and how he will acquit himself thereof says he is not guilty in manner and form as charged upon him in said indictment and for his trial puts himself upon the Country and the Circuit Attorney doth the like and thereforee came a Jury, to wit:
Elbert Martin, Charles Postin, Ephraim Massey, Eli Ursury, Thomas Gilbreath, Jesse Hickman, Jonathan Harper, Napoleon Dunnegan, Zenas M. Rountree, William Armstrong, Dixon Jeffries and Samuel Waddill twelve good and lawful men who being elected tried and sworn well and truly to try and a true deliverance make between the State of Missouri and the said James Mitchell upon their oath aforesaid do say that the said James Mitchell is guilty in manner and form as charged in said bill of indictment and do assess the punishment of the said James Mitchell to two years imprisonment in the penetentiary of this State and do also find that the said horse and the said bridle has been returned to the owner.

p 268.
William A. McElhaney
vs                                                            Appeal from Justice of the Peace
Benjamin M. Jewet
Now at this day came the said Plaintiff by his attorney and the said Defendant although three times solemnly called comes not but makes default and the said cause being founded on an instrument of writing purporting to have been executed by said Defendant by which the demand of said Plaintiff is liquidated, the Court do find that said Defendant owes and stands indebted to said Plaintiff in the sum of sixty dollars and that he hath
sustained damage by reason of the detention thereof in the sum of one dollar and seventy-five cents - thereof it is considered and adjudged by the Court that the said Plaintiff have and recover of the said Defendant the debt and damages aforesaid together with costs and that he have execution thereof.

p. 269
Robert S. Brown and David O. George partners
trading under the name and style of Brown and George
vs                                                          Appeal from a Justice of the Peace
Benjamin M. Jewet
Now at this day came the said Plaintiff by hjs attorney and the said Defendant being three times solemnly called comes not but makes defeault and the said cause being founded on an instrument of writing purporting to have been executed by said Defendant by which the demand of said Plaintiff is liquidated. The Court do find that said Defendant owes and stands indebted to said Plaintiff in the sum of $57.95 and that he hath sustained damages to the amount of $1.75 for the detention thereof - therefore it is considered and adjudged by the Court that the said Plaintiff have and recover of the said Defendant the debt and damages aforesaid together with costs and that he have execution thereforee.

108
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1838.

p. 269 cont.
Levi Click
vs                                                             By attachment
Alonson Botton
This day came Hezekiah Douglas who was summoned as a garnishee on said attachment and files here in Court his answers to the interrogatories to him propounded by said Plaintiff.

Levi Click
vs                                                            
Alonson Botton
This day came Charles M. Stranley and John M. Comas who were summoned as garnishee on said attachment and files here in Court their answers to the interrogatories to him propounded by the said Plaintiff.

p. 270
Friday Morning the 7th 1838.

Levi Click
vs                                                            
Alonson Botton
Stephen M. Comas who was swnmoned as a garnishee this day appears and files here in-Court his answer to the interrogatories to him propounded by said Plaintiff.

Jacob Lindley
vs                                                             Injunction
Robert Graham
(unable locate Defendant. Cause continued)

Robert S. McElhaney
against
Alonson Botton
Now at this day came William E. Armstrong who was surrknoned as a garnishee on said attachment and filed here in Court his answer to the interrogatories to him propounded by said Plaintiff.

p. 271
John D. Ball
against Attachment
Alonson Botton
Now at this day came William E. Armstrong who was sunrnoned as a garnishee on said attachment and filed here in Court his answer to the interrogatories to him propounded by said Plaintiff.

State of Missouri
vs                                                        Indictment for receiving stolen goods.
Green Compton
Now at this day came the above named defendant Green Compton and Jacob Painter his security into Open Court and Acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just and full sum of $200 good and lawful money of the United States to be levied of their respective goods and chattles lands and tenements to be void however upon this condition - that the said Green Compton shall be and appear before the Hon. Greene Circuit Court on the 1st day of the next term thereof to be holden in and for said County of Greene at the Courthouse in Springfield in said County on the 1st Monday after the 4th Monday of March, next, then and there to answer unto an indictment preferred by the said State of Missouri against the said Campton on receiving stolen property and abide the Judgment of this Court and not depart without leave.

109
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A.December Term 1838

p 271/272.
State of Missouri Plaintiff
vs                                                            
James Mitchell Defendant
Judgment in Grand Larceny for Stealing one horse and one bridle. Now at this day comes again the said Circuit Attorney who presents for the State of Missouri in this behalf and the prisoner being present at the bar of the Court the Circuit Attorney prays the Judgment of the Court upon the prisoner on the verdict of the Jury. Wherein the said prisoner was found guilty of unlawfully and feloniously stealing a certain horse and one bridle the property of one Edwin Robinson. Whereupon the said James Mitchell being called upon by the Court to declare whether or not he had aught to say why the Judgment of the law should not be pronounced upon him, and the said James Mitchell having nothing further to say why sentence should not be pronounced upon him it is considered by the Court that he be in the custody of the Sheriff taken and conveyed to the penetentiary of the State and there to remain in confinement for the term of two years - which punishment being the same as assessed by the Jury in this said verdict.

p 272.

State of Missouri Plaintiff
vs                                                        Indictment. Assault with intent to kill.
Young Hogan Defendant
This day came the Circuit Attorney who prosecutes in behalf of the said State and says that he will not nor does he further prosecute in this behalf. It is thereforee considered by the Court that the said Defendant go without day.

State of Missouri Plaintiff
vs                                                             Indictment for grand larceny
Orrin Collier Defendant
Now at this day came the Circuit Attorney who prosecutes in behalf of the said State of Missouri and says that he will not nor does he further prosecute in this behalf - it is thereforee considered by the Court that the said Defendant go hence without day.

James Francis Leeper this day exhibited his account against Greene County amounting to $7.87 which was allowed and ordered to be certified to the County Court.

A. Young this day exhibited his account against Greene County amounting to $7.57 which was allowed and ordered to be certified to the County Court.

p 273.
State of Missouri.
The Grand Jury again returned into Court with the following indictments, to Wit:
Against Charles L. Young for manslaughter, a true bill
Against John Kennen for Perjury, a true bill
Against John Dickson for assault with intent to kill, a true bill
Against Anderson Payne for Perjury, a ture bill
Against James Boren for Perjury, a true bill
Against Bennet Thrower an affray, a true bill
Against James Stanhill an affray, a true bill
Against Robert J McElhaney for selling liquor on Sunday, a true bill
Against Joshua Jones becoming a grocer without a license, a true bill
And, having no further business, were thereupon discharged.

It is ordered that the capias issued against the above named persons who stand indicted by the Grand Jury as aforesaid directed to the Sheriff of this County returnable to the Next term of this Court. And having no further business were by the Court discharged.

110
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term 1838

p 273.
State of Missouri Plaintiff
vs                                                       Indictment for selling liquor on Sunday
Robert McElhaney Defendant
And now at this day the above Defendant Robert McElhaney and also Charles A. Headon, his security, into open court and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the just sum of $60, to be levied of their respective goods and chattles, lands and tenements for the use of our said State of Missouri to be void however upon condition that the said Robert J. McElhaney be and appear before the Judge of our said Court on the first day of our next term of said Court which commences on the first Monday after the fourth Monday in March, next, to answer an indictment for selling liquors on Sunday and not depart the same without leave of this Court; then this Recognizance to be void.

p 274.
State of Missouri Plaintiff
vs                                                       Indictment for assault with intent to kill
Young Hogan Defendant
Now at this day came C.D. Terrell, Clerk of the Circuit Court for County of Greene, and presented the fee bill in the above cause, which waa dismissed upon nolli persique and due examination of the Court was ordered to be certified to the auditor of the public accounts for allowance

State of Missouri Plaintiff
vs                                                             Indictment for grand larceny
Oren Collier Defendant
Now at this day came the Circuit Attorney who prosecutes on behalf of the State and says he will no longer prosecute the said suit. Thereforee it is ordered by the Court here the said Defendant go home without day.

p 276/277
Levi Click Plaintiff
vs                                                             Attachment
Alanson Botton Defendant
This day came the Plaintiff aforesaid by his Attorney and it appearing that the Defendant cannot be summoned and the said Defendant not having appeared and answered to the action of the Plaintiff at the return term of this writ in the said cause on motion the Plaintiff by his attorney it is ordered that an order of publication be made notifying the said Defendant that an action of debt has been commenced against him and that an attachment has been issued in the said case for the sum of $300 and that his property has been attached, and unless he appears at the next term of this Court to be holden at the Court House in the town of Springfield on the first Monday after the fourth Monday in March, next, and on before the third day of said term Judgment will be rendered against him and his property sold to satisfy the same, and it is further ordered that a copy of this order be published in some newspaper printed in this State for four weeks successively and the last insertion to be at least four weeks before the next term of this Court.

p 277.
James Clemens Jr
vs                                                             Petition and Summons
John W. Ball
And now at this day came the Plaintiff by his Attorney and dismissed the above cause

James Clemens Jr
vs                                                            
S. & J. Pulliam
Now at this day came the parties into open court and by consent this cause was ordered to be continued until the next term of this Court.

111
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. December Term

p 277.
All causes and motions not otherwise disposed of is ordered to be continued until the next term of this court. Court then adjourned until Court on cource.
F.P. Wright Cir. Judge.

112

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