Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

December Term 1851.
Book D.

p 1.
At a regular term of the Circuit Court begun and held at the Court House in the City of Springfield in the County of Greene in the State of Missouri -
Present The Honorable Charles S. Yancey Judge
John T. Coffee, esq, Prosecuting Attorney,
George W. Kelley esq, Sheriff of Greene County
Joshua Davis, Clerk of Court.

Now at this day comes the Sheriff and returns into Court the venire commanding him to summon a Grand Jury returnable to this term of this Court with the following pannel endorsed thereon, to wit: Thomas R. Glass, John J. Bradley, Elijah Gray, John L. McCracken, Joseph Headlee, Hosea Mullings, Henry Small, Wilson Hackney, Jacob H. Smith, Robert Gaibreath, James H. Gallahan, James F. Hornbeak, Robert Wisener, Thos. B. Neaves, John Ramey and Joseph Rountree, who was appointed foreman after being duly sworn and charged retired to consider of their duties.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Pleasant Smith Defendant
Now at this day come the Prosecuting Attorney who prosecutes on behalf of the State of Nissouri as well as the Defendant in his own proper person who for a plea says that he cannot deny but that he is guilty in the manner and form as he is charged in said Indictment and puts himself upon the mercy of the Court. It is therefore considered by the Court that he make his fine by the payment of the sum of $10 together with the costs herein expended for all of which execution may issue, with a clause of capias therein.

132
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
DECEMBER COURT 1851

p 1.
State of Missouri Plaintiff
vs                                                   Indictment Playing Cards on Sunday
Alfred Tenill Defendant
Now at this time comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he is guilty in manner and form as he is charged in said indictment and puts himself upon the mercy of the Court. It is therefore considered by the Court that he make his fine by the payment of the sum of one dollar, together with the costs in this behalf expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Wilkerson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said writ and that the said Defendant be hereof discharged and go hence without day.

p 2.
State of Missouri Plaintiff
vs                                                   Indictment Selling Liquor to a Slave
John Hunt Defendant
Now at this day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the Defendant by his Attorney and the motion heretofore filed to set aside the forfeiture of his recognizance coming on to be heard and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that the said motion be sustained.

A.V.F. Hasten Plaintiff
vs                                                   Appeal J.P.
Thomas G. White Defendant
Now at this day come the respective parties by their attorneys and the motion to dismiss said appeal coming on to be heard and all and singular the preinises being seen and fully understood it is considered by the Court that said motion be sustained.

p 3.
State of Missouri Plaintiff
vs                                                   Indictment Selling Liquor to a Slave
John Hunt Defendant
Now at this day come as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he is not guilty and thereupon came a Jury, to wit: G.B. McElhanon, Reuben P.W. Mooney, Joseph Hampton, John Harkness, Matthew Kerr, Daniel Gray, Ezekiel Staley, Samuel Fulbright, W.A. Thomas, Jos. Farrier, E.B. Garrison, B.A. James, twelve good and lawful men duly elected, tried and sworn and after hearing the evidence, returned the following verdict "We the Jury find the Defendant not guilty in the manner as he is charged in said Indictment." It is therefore considered by the Court that the said State take nothing by her said writ and that the said Defendant be hereof discharged and go hence without day.

133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
DECEMBER TERM 1851

p 3.
State of Missouri Plaintiff
vs                                                   Attachment
Sarah Summers Defendant
Now at this day come the Defendant by her attorney and moves the court to discharge the said Defendant and all and singular the premises being seen and by the Court being fully understood, it is considered by the Court that said motion be sustained and that the said Defendant be hereof discharged and that the said State recover her costs in this behalf expended of and from said Defendant for all of which execution may issue.

p.4
Andrew J. Klepper - Return of verdict of Jury in the case of the above named A.J. Klepper's petition for a writ of adquod damnum.
This day was exhibited to the Court the proceedings in the above case containing the petition of said Kiepper and his abstract of title, with the Writ of Adquod Damnum with the Sheriff of return endorsed thereon together with the verdict of the following named Jury, to wit: Benjamin Shockley, James W. Pallet, Thomas B. Townsend, Wilson Hackney, Joseph H. Miller, William H. Frazier, T.A. Hagen, Henry Hickman, Elias N. Bearden, Carroll Wilkerson, John Sims and R.D. Pallet which verdict is as follows, to wit: First "We the Jury find that there will be no proprietor damaged by inundation consequent on the Section (of) the dam as prayed for in the petition of Andrew J. Klepper. Second. No mansion house, out house, curtillages, garden or orchard will be overflown. Third. The passage of fish ordinary navigation will not be materially obstructed. Fourth. The health of the neighborhood will not be materially annoyed in consequence of the erection of said dam which is the unanamous verdict of the above named Jury, and it appearing to the satisfaction of the Court that the law had been strictly complied with in the above proceedings. It is therefore considered ordered and adjudged by the Court that the said A.J. Klepper be permitted to build his mills as proposed in his said petition, the sawmill on the north bank of the James Fork of White, River in Greene County in the State of Missouri and the grist mill on the south bank of said stream said mills to be erected on the NE corner of the SE 1/4 of Sect 21 TWP 29 Range 20 and the said A.J. Klepper be allowed to build a dam for the use of said mills of the height of 5 feet across said James Fork of White River connecting with said grist and saw mill proposed in said petition. It appearing to the satisfaction of the Court by the verdict of the Jury aforesaid as returned in the said proceedings and a full view of the inquest, etc, that the mansion house of any proprietor or the out houses or curtillages gardens thereto belonging or orchard will not be overflowed or that tbe health of the neighborhood will not be materially annoyed by the stagnation of water consequent upon the erection of the proposed dam the Court give the said A.J. Klepper permission to build said mill and mill dam according to the prayer of said petition and that he pay the costs of said proceeding for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Assault
James Rains Defendant
Now at this day comes the Defendant and files his petition praying for a change of venue in this cause because of the prejudice of the Judge against him and the Circuit Attorney being also present the said petition being verified by the said Defendant, and being presented to the Court and the Circuit Attorney acknowledged due notice thereof. The Court after examination of said petition and the premises being seen and fully understood by the Court. It is ordered by the Court that a Change of Venue be awarded in this case to the County of Wright in the State of Missouri and there-
(continued)

l35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
DECEMBER TERM - l85l

p 4 continued
upon comes the said Defendant James Rains as principal and John E. Rains, Warren H. Graves, James S. McQuerter and Presley C. Beal his securities and acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $300 to be levied of their respective goods and chattels lands and tenelnents to be void on this condition that if the said James Rains shall make his personal appearance before the Honorable Circuit Court of Wright County at the Court House in the town of Hartville in the State of Missouri on the third Monday after the 4th Monday in April 1852 and not depart the same without leave that then this recognizance to be void otherwise to remain in full force.

p 5.
State of Missouri Plaintiff
against                                                   Assault, etc
James Raines Defendant
Now at this daycome R.M. Jones and Thomas Tiller witnesses in this cause and severally acknowledge themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their goods and chattels lands and tenements to be void on this condition that if they shall make their personal appearance before the Hon. the Circuit Court at the courthouse in the town of Hartville in Wright County in the State of Missouri on the third Monday after the fourth Monday in April A.D. 1852 to testify as witnesses in the above named cause on the part of the said State of Missouri and not depart the same without leave thereof that then this recognizance to be void, otherwise to remain in full force.

State of Missouri Plaintiff
vs                                                   Indictment for Failing to Keep Road in Repair.
John T. Cave Defendant
Now at this day come the Circuit Attorney who says by leave of the Court he will no further prosecute his said suit but will suffet the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

p 6.
State of Missouri Plaintiff
vs                                                   Indictment Keeping a Gaming House
Henry Tesse Defendant
Now at this day comes as well the Circuit Attorney as the Defendant by his attorney and for a plea says he is n0t guilty in the manner and form he is charged, and thereupon came a Jury, to Wit: Richard F. Whitlock, Wm. D. Garoutte, Anthony Garoutte, George W. Mitchell, Joshua M. Bailey, Jacob Neff, B.A. James, Joseph H. Miller, William G. Roberts, James K. Allsup, Joel Phillips and John Harkness, twelve good and Lawful men who being elected and sworn and not having time to agree upon a verdict was discharged until tomorrow morning at 8 o'clock.

State of Missouri Plaintiff
vs                                                   Indictment For Failing To Keep Road In Repair
John Yakeley Defendant
Now at this day come as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant by his attorney and the motion heretofore filed coming on to be heard and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that the said motion be sustained that the Defendant be hereof discharged and go hence without day.

135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Court 1851

p 6.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Henry Tesse Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant by his attorney and thereupon came a Jury, to wit: Erastus McMurry, John F. Norton, Bennett Hammonds, Brigs Johnson, Adam Weaver, William Townsend, Benjn. W. Cannefax, J.E.R. Justice, Matthew Chapman, W.A. Thomas, Wm. Landreth and James R. Ray, twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined returned into Court the following verdict "We the Jury find the said Defendant guilty as charged in said Indictment and assess his fine at the sum of ten dollars." It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of ten dollars together with her costs in this behalf expended for all of which execution may issue.

p 7.
State of Missouri Plaintiff
against                                                 Indictment For Failing To Keep the Road in Repair.
William Russell Defendant
Now at this day come as well the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute him said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by his said Writ that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Playing Cards, etc.
Calvin Stewart Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the Stateof Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ but that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Playing Cards, etc.
Fleming Taggard Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ but that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Attachment
Henry Tesse Defendant
Now at this day come the Circuit Attorney as the Defendant by his attorney and the motion to quash said attachment coming on to be heard and all and singular the premises being seen and by the Court understood, it is considered by the Court that said motion be sustained that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851.
p 8.
State of Missouri Plaintiff
vs                                                   Attachment
Henry Tesse Defendant
Now at this day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the said Defendant by his attorney and the motion to quash said attachment coming on to be heard and all and singular the premises being seen and by the Court fully understood it is considered by the Court that said motion be sustained that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                  
A. Walker
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court for an attachment against Alfred Stillions, a witness in this cause who had been duly subpoenaed to appear at this term of this Court and testify as such witness on the part of the said State of Missouri that he has failed to appear in obedience to said subpoena although three times solemnly called and all and singular the premises being seen and fully understood, it is considered by the Court that the said motion be sustained and such attachment awarded directed to the Sheriff of Greene County returnable to the next term of this Court.

p.9.
State of Missouri Plaintiff
vs                                                   Attachment
Samuel Andrews
Now at this day come as well the Circuit Attorney as the Defendant by his attorney who for a plea says he is not guilty and said cause being submitted to the Court the premises being seen and by the Court fully understood. It is considered by the Court that he make his fine by the payment of the sum of one dollar together with his costs in this behalf expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Liquor
Isaiah Clayton Defendant
Now at this day come as well the Circuit Attorney as the Defendant by his attorney and the motion to quash heretofore filed coming on to be heard and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said motion be sustained and said Indictment quashed that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Keeping a Gaming House
Henry Tesse Defendant
Now at this day come the Jury who was empannelled on yesterday to try this cause and returns into Court the following verdict "We the Jury find the Defendant guilty In manner and form as he is charged in the second count of said Indictment and assess his fine at the sum of $50. It is considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid sum of $50 together with her costs in this behalf laid out and expended for all of which execution may issue.

137
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 9.
State of Missouri Plaintiff
vs                                                   Indictment For An Assault
Allen E. Goss Defendant
Now at this day come Allen E. Goss as principal and John Harkness and W.A. Thomas as his securities and acknowledged themselves severally to owe and be indebted to the said State of Missouri in the sum of three hundred dollars to be levied of their respective goods and chattels lands and tenements to be void on this condition that if the said Allen E. Goss shall make his personal appearance before the Hon. Judge of the Circuit Court at the courthouse in the town of Springfield in Greene County Missouri on the fourth day of this term of this Court in the forenoon and not depart the same without leave then this recognizance to be void otherwise to remain in full force.

Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to make an order that all the names of persons who were indicted at the May Term of this Court A.D. 1850 and left blank at that term of this Court be now inserted in said blanks as though it has then been done, and all and singular the premises being seen and by the Court being fully understood. It is considered by the Court that said motion be sustained and that said blanks be filled accordingly.

p 10.
John How Wm. Clafflin
and R. Cook Plaintiffs
against                                                   In the Circuit Court December Term A.D. 1851
John De Bruin Defendant
Now at this day come the Plaintiff by his attorney and it appearing to the satisfaction of the Court that a Judgment has been confessed by the Defendant in vacation and the demand being founded on an instrument of writing and the amount ascertained thereby amounting to the sum of one thousand and fifty two dollars and twenty three cents for the debt and thirty nine dollars and sixty cents damages, the Court do find from this inspection of the proceedings that the aforesaid amount was confessed in vacation and that the said amount is correct, and that the said Judgment was entered by the Clerk in vacation on the 5th day of August 1851. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the said Defendant the aforesaid sums of $1052.23 Debt and $39.60 Damages with the interest and costs from the said 5th Aug 1851 for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Failing to Keep Road in Repair
Nathaniel Batson Defendant
Now at this day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the Defendant by his attorney and the motion to quash heretofore filed coming on to be heard and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that the said motion be sustained and that the said Indictment be quashed, that the said State take nothing by her said Writ, that the said Defendant be hereof discharged and go hence without day.

138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 11.
State of Missouri Plaintiff
vs                                                   Indictment For- Selling Liquor
Isaiah Clayton Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his motion to quash the said Indictment which said motion coming up for hearing and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said motion be sustained and said Indictment quashed that the said State take nothing by her said writ and that the Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Assault, etc.
James Rains Defendant
Now at this day come Thomas J. Bailey, Gabriel P. Shackleford, John S. Bigbee, Littleberry Hendrick and William L. Herrington and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of fifty dollars to be levied of their respective goods and chattels lands and tenaments to be void upon this condition that if they shall severally make their personal appearance before the Hon. Judge of the Circuit Court at the court house in the town of Hartville in the county of Wright in the State of Missouri on the third Monday after the fourth Monday in April 1852 to testify as witnesses in the above named cause and not depart said Court without leave then this recognizance to be void otherwise to rernain in full force.

Charles Vertrees Plaintiff
against                                                   Civil Action
William D. Robinson Defendant
Now at this day comes the Plaintiff in this cause by his attorney and the Defendant failing to appear although three times solemnly called but makes default and it appearing to the satisfaction of the Court that he had been duly served with process and fails to answer and the demand being founded on instruments of writing and the amount ascertained thereby. The Court do find that the said Defendant owes and is justly indebted to the Plaintiff in the sum of four hundred and sixty one dollars for his debt and four hundred and forty five dollars for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and frorn the said Defendant the aforesaid debt and damages and costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
against                                                   Indictment For Gaming
B.J. Young Defendant
Now at this day come as well the Circuit Attorney as the Defendant by his Attorney who for a plea says he is not guilty and puts himself upon the County and the Circuit Attorney doth the like, and thereupon came a Jury, to wit: C.T. Drumright, Tapley Daniel, Peter R. Wallis, Samuel Woods, Joseph Weaver, Ephraim R. Fulbright, Thomas G. McCoin, Daniel Gray, Erastus McMurray, James Potter, W.A. Thomas, and Zachariah Sims, twelve good and lawful men duly elected tried and sworn after hearing the evidence returned into Court the following verdict. "We the Jury find the Defendant not guilty as charged in said Indictment." It is considered by the Court that the said State take nothing by her said Writ, that the said Defendant be hereof discharged and go hence without day.

139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 12.
State of Missouri Plaintiff
against                                                   Indictment For Gaining
R.J. Young Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said Suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ and that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Indictment For Working on Sunday
Richard Hagan Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the said State and moves the Court for an attachment against James Pendleton and Thomas Walker who are witnesses in this cause and it appearing to the satisfaction of the Court that the said witnesses had been duly subpoenaed and that they have failed to appear in Court obedience thereto and all and singular the premises being seen and by the Court fully understood, it is considered by the Court that said motion be sustained and that said attachment be awarded directed to the Sheriff of Greene County returnable on the first day of the next term of this Court.

State of Missouri Plaintiff
against                                                   Indictment For Adultery
John Dixon Defendant
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says that he cannot deny but that he is guilty in the manner and form as he is charged in the said Indictment and all and singular the premises being seen and by the Court being fully understood, it is considered by the Court that be make his fine by the payment of the sum of one dollar. It is therefore considered by the Court that the said State of Missouri have and recover of and from the said Defendant the aforesaid Sum of one dollar together with her costs in this behalf laid out and expended for all of which execution may issue.

p 12/13.
State of Missouri Plaintiff
against                                                   Indictment For Adultery
Susannah Johnson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ, that the said Defendant be hereof discharged and go hence without day.

p 13.
James Ivans Plaintiff
against                                                   Civil Action
J.K. Gibson Defendant
Now at this day come the Plaintiff in this cause by his attorney and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed and all and singular the premises being seen and by the Court fully understood it is considered by the Court that the said Plaintiff take nothing by his said suit and that the Defendant have and recover of and from the said Plaintiff his costs in this behalf laid out and expended for all of which execution may issue.

140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1S51

p 13.
State of Missouri Plaintiff
against                                                   Indictment For An Assault
Timothy Davis Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Indictment For Malicious Trespass
George Jameson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute her suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ, that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Attachment
George Jameson Defendant
Now at this day coines the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to dissolve the attachment in this cause, and all and singular the premises being seen and understood. It is considered by the Court that the said motion be sustained.

p 14.
State of Missouri Plaintiff
against                                                   Indictment
L.D. Mitchell Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

p 15.
State of Missouri Plaintiff
against                                                   Indictment For Felonious Assault
Allen Goss Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
against                                                   Indictment For Gaming
Alexander Thompson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said Writ that the said Defendant be hereof discharged and go hence without day.

141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 15.
State of Missouri Plaintiff
against                                                   Attachment for Refusing to Obey Process
Martha L. Jackson, Finella E. Robertson &
Minerva J. Robertson Defendants
Now at this day come the Circuit Attorney and moves the Court for an attachment for the bodies of the aforesaid persons and it appearing to the satisfaction of the Court that the said Martha Louisa Jackson, Finella Evaline Robertson and Minerva Jane Robertson had been duly subpoenaed to appear before the Grand Jury at the present term of this Court and it also appearing that they have failed to obey said subpoena and all and singular the premises being seen and well understood by the Court that said motion be sustained, and that said attachment be awarded directed to the Sheriff of Greene County commanding him to have the bodies of the aforesaid witnesses before the Grand Jury at the said next term aforesaid and to show cause if any they have why they should not be dealt with for their contempt in not obeying the process of this Court.

p 15/16.
John L. McCracken and Samuel Woods Plaintiffs
against                                                   Civil Action
Andrew Rountree Defendant
Now at this day come the Plaintiffs by their Attorney and said Defendant although three times solemnly called comes not but herein makes default nor hath the said Defendant filed his answer herein but so to do hath failed and it appearing to the Court that said Defendant has been hereof duly notified wherefore the said Plaintiffs ought to recover for the want of an answer, and no Jury being required and the same being now submitted to the Court, the Court doth find that the said Andrew Rountree is justly indebted to the said John L. McCracken and Samuel Woods in the sum of seven hundred and two dollars and thirty two and a half cents for money paid by them for the said Andrew Rountree as adjudged and set forth in said petition. It is therefore considered by the Court that the said Jotin L. McCracken and Samuel Woods Plaintiffs have and recover against the said Andrew Rountree, Defendant, the said sum of seven hundred and two dollars and thirty two and a half cents so found as aforesaid, together with their costs and charges in this behalf laid out and expended and that execution issue therefor.

p 16.
Hiram Hyden Plaintiff
against                                                   Slander and Malicious Arrest
William Breedlove Defendant
Now at this day come the parties by their respective attorneys and thereupon came a Jury, to Wit: John L. Hart, Erastus McMurry, Joseph Gardner, Wesley Guin, Annanias West, Thomas G. McKoin, James W. Blakey, William Townsend, William L. Herrington, George Yandle, R.B. Small and W.A. Thomas, twelve good and lawful men duly elected tried and sworn and not having time to examine the case the Jury was permitted to disperse until tomorrow morning at 8 o'clock.

Friday Morning 5th Dec. 1851

State of Missouri Plaintiff
against                                                   Attachment
Reuben Trobridge Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court to dissolve the attachment which has been issued in this cause and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said motion be sustained and that said attachment be dissolved.

142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
December Term 1851

p 17.
Hiram Hyden Plaintiff
against                                                   Slander and Malicious Prosecution
William Breedlove Defendant
And now at this day comes the Jury empannelled and sworn on yesterday, well and truly to try the issue joined. After hearing the evidence and arguments of Counsel returned into Court the following verdict "We the Jury find for the Plaintiff on the first count in his said declaration and assess the damages at the sum of five dollars and also that the said Defendant is not guilty in manner and form as he is charged in the second count in said declaration." It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the sum of five dollars together with his costs and charges in this behalf laid out and expended for all of which execution may issue.

George W. Kelley
to                                                   Deed
Alexander Evans
Now at this day comes George W. Kelley who is personally known to the Court to be the Sheriff of Greene County and also known by the Court to be the same person whose name appears to an instrument of writing purporting to be a Sheriff's Deed, leave having been had to amend the following named particulars, and acknowledged the same as amended in said instrument, by striking out the word one immediately after the word Lot in the 11th line from the bottom of first page and inserting instead thereof the word ten to be his act and deed for the purposes therein mentioned.

George W. Kelley
to                                                   Deed
Henry and Cunningham
Now at this day comes George W. Kelley who is known to the Circuit Court to be the Sheriff of Greene County and moves the Court for leave to amend a Sheriff's Deed heretofore acknowledged by him to the above named Henry and Cunningham in the following particulars, to wit: by striking out the word nine in the 13th line from the bottom of the 1st page immediately after the words Section No. and inserting the word one instead thereof and leave being given such amendment being made the same is acknowledged as amended for the purposes therein mentioned.

p 18. Saturday Morning 6th December 1851
Ephraim R.. Fulbright Plaintiff
against                                                   Civil Action
Joseph H. Miller, John H. Miller
and James W. Blakey Defendants
Now at this day comes the said Plaintiff by his attorney and the said Defendants although three times solemnly called comes not but makes default, nor hath the said Defendants filed their answer herein but so to do has failed and it appearing to the Court that said Defendants had been duly notified whereupon the said Plaintiff ought to recover for want of an answer, and no Jury being required and the same being submitted to the Court, the Court doth find that the said Joseph II. Miller, John H. Miller and James W. Blakey is justly indebted to said Ephraim R. Fuibright in the sum of three hundred and fifty dollars debt and seven dollars damages, It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt of $350 and $7 damages together with his costs in this behalf expended for all of which execution may issue.

143
GREENE COUNTY MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 19.
Now at this day come the Grand Jury empannelled at this term of this Court and returned into Court the following as true bills of Indictment, to wit:
1. State of Missouri against Jacob Baughman and Polly Baughman for selling spiritous liquors - a true bill.
2. State of Missouri against Jacob Baughman for selling liquor, a true bill.
3. State of Missouri against Jacob Baughman for selling liquor, a true bill.
4. State of Missouri against Jacob Baughman and Polly Baughman for selling liquor a true bill.
5. State of Missouri against James Campbell for disturbing Religious Worship, a true bill.
6. State of Missouri against Alfred Keeny for Sabbath breaking, a true bill.

All of which said Indictments is by the Court ordered to be filed which is accordingly done. And having no further business were discharged by the Court. It is ordered by the Court that capiases be issued on all Indictments found at this term of this Court.

George W. Kelley
vs                                                   Fee Bill Filed $30.00
Estate of George R. Rainey
Now at this day was exhibited a fee bill in this case for said sum of thirty dollars as fees paid to P.H. Edwards attorney for said estate in bringing and prosecuting a suit against Andrew Rountree and John L. McCracken and Samuel Woods, and all and singular the premises being seen and by the Court fully understood. It is considered by the Court that said G.W. Kelley retain the said sum of $30.00 out of the monies in his hands belonging to the heirs of said estate.

p 20.
Robert Wisener
against                                                   Appeal
Thomas Frazier
Now at this day come the parties in this cause by their respective attornies and the motion heretofore filed to dismiss the appeal coming on to be heard, the Court after hearing the same and the argument of the Attorneys finds that this appeal ought to be dismissed. It is therefore ordered by the Court that the same be dismissed and that the papers be remanded to the Justice of the Peace who tried this cause for execution of the Judgment appealed from, and it is further considered and adjudged by the Court that the Appellee have and recover of and froni the Appellant his costs and charges about the said appeal laid out and expended for all of which execution may issue.

Isaac Dickens
against                                                   Appeal
QuaIls Banfield
Now at this day comes the appellant in this cause and says by leave of the Court he will no further prosecute his said appeal but will suffer the same to be dismissed. It is therefore ordered by the Court that the same be -dismissed and that the papers be remanded to the Justice of the Peace who tried this cause for execution of the Judgment appealed from, and it is further considered and adjudged by the Court that the Appellee have and recover of and from the Appellant his costs and charges about the said appeal laid out and expended for all of which execution may issue.

144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.
December Term 1851

p 20.
George W. Kelley
to                                                   Deed
William Crow
Now at this day come George W. Kelley who is known to the Court to be the Sheriff in and for the County of Greene and also known by the Court to be the identical person whose name appears to an instrument of writing exhibited in Court purporting to be a Sheriff's Deed conveying to William Crow the following described real estate, to wit: the W 1/2 of the NW 1/4 of Sect. No. 23 in TWP No. 30 of Range No. 21 containing 80 acres, and acknowledged the same to be his act and deed for the uses and purposes in said deed mentioned.

George W. Kelley
to                                                   Deed
John H. Miller
Now at this day come George W. Kelley who is known to the Court to be the Sheriff in and for the County of Greene and also known by the Court to be the identical person whose name appears to an instrument of writing exhibited in Court purporting to be a Sheriff's Deed conveying to John H. Miller the following described real estate, to wit: the W 1/2 of the SW 1/4 of Sect thirty four in Township twenty eight of Range twenty one and acknowledged the same to be his act and deed for the purposes therein mentioned.

p 21.
George W. Kelley
to                                                   Deed
William B. Edwards
Now at this day comes George W. Kelley who is known to the Court to be the Sheriff of Green County and moves the Court for leave to amend a Sheriff's Deed conveying to William B. Edwards certain real estate which has been previously acknowledged in this to strike the figure 1 out, immediately after the word Lot and insert instead thereof 10 which leave is hereby given, such amendment made, and said Deed as amended again acknowledged in Open Court for the purposes in said Deed mentioned.

p 22.
Jeremiah Wilson Plaintiff
against                                                   Civil Action
Charles T. Drumright and James Vaughn Defendants
Now at this day come the parties in this cause by their respective attorneys and the Demurer heretofore filed coming on to be heard the premises being seen and by the Court fully understood. It is considered by the Court that the said Demurrer be overruled whereupon leave is given Defendants to withdraw said Demurrer and on the motion of Plaintiffs Counsel leave is given to him to file certified copies of the Conveyances mentioned in his petition and the certificate of the register on Wednesday (17th instant) and leave is also given Defendants to file his answer within sixty days after the expiration of the present term of this Court.

John Weaver
against                                                   Appeal J.F.
William Webb
Now at this day come the parties in this cause by their attorneys and the demand being founded on an instrument of writing whereby the same is liquidated and neither party requiring a Jury the cause was submitted to the Court.
(continued)

145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D
December Term 1851

p 22 (continued)
The court do find that the said Defendant is indebted to the Plaintiff in the sum of forthy three dollars and twenty three cents debt due one day after date dated 2nd day of' March 1850. The Court thereupon directs Judgment to be entered for the above amount with interest from the 3rd day of March 1850 up to the present time together with his costs and charges in this behalf laid out and expended for all of which execution may issue.

Michael Ramsours Plaintiff
against                                                   Civil Action
John P. Campbell Defendant
Now at this day come the parties- in this cause by their respective attorneys and the same being ready for hearing, thereupon came a Jury, to wit: William Townsend, Thomas W. Anderson, Elijah Gray, A.M. Julian, Samuel Fulbright, John S. Kimbrough, Joseph Moss, James S. McQuerter, Benjamin W. Cannefax, Erastus McMurray and Tapley Daniel, twelve good and lawful men duly elected, tried and sworn after hearing the evidence and arguments return into Court the following verdict, to wit: We the Jury find the issues for the Plaintiff and assess the damages at the sum of ninety three dollare and forty five cents." It is therefore considered by the Court that the said Plaintiff have and recover of ane from the said Defendant the aforesand sum of $93.45 together with his costs and charges expended for all of which execution may issue

p 23
Wi1liam C. Price Plaintiff
against                                                   Petition to Foreclause a Mortgage
Amasa Maurice, Jr. Defendant
And -now at this day comes the Plaintiff in his own proper person and it appearing to the satisfaction of the Court that the above named Defendant is a non-resident of this state and that notice of Plaintiffs action direccted to said Defendant had been published for eight weeks in the SPRINGFIELD ADVERTISER, a weekly newspaper published in this State the last insertion being at least four weeks before the first day of of this term of this Court and that said Defendant comes not but makes default but to plead answer or demur to the same has wholly failed. And it is further appearing to the satisfaction of the Court that the note and mortgage deed mentioned in Plaintiff's petition were made and executed as therein set forth and alledged, that the said sum of fifteen hundred dollars is due to Plaintiff and that lots No. thirty and thirtyfour in Block No. eleven in said town of Springfield, Greene County, Mo., was mortgaged to secure the payment of said sum and all and singular the premises being seen and fully understood by the Court. It is ordered, adjudged and decreed by the Court here that said Plaintiff have and recover of and from said Defendant the aforesaid sum of fifteen hundred dollars for his debt and also the sum of sixty eight dollars for his damages for the detention thereof as well as costs of suit and that said mortgage be foreclosed and the equity of redemption therein sold to satisfy said debt, damages and costs and that the same be made absolute to the next term of this Court, unless said Defendant shall on or before the first day thereof appear and show cause to the contrary.

1st p 24
George W. Kelley
to                                                   Deed
Ezekiel C. Cook
Now at this day came George W. Kelley into Open Court who is known by the Court to be (Continued

146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book D.

p 1st p 24 continued
the Sheriff of Greene County and also known by the Court to be the same person whose name appears to an instrument of writing purporting to be a Sheriff's Deed conveying to Ezekiel C. Cook the following described land, to wit: the E 1/2 of the SW 1/4 of Sect 1 and the E 1/2 of the NW 1/4 of Sect 12 of TWP 30 in Range 22 and acknowledged the same to be his act and deed for the uses and purposes therein mentioned.

2nd p 24.
James Arnold, et al Plaintiff
against                                                   Injunction, etc.
Andrew J. Klepper Defendant
Now at this day come the Plaintiffs in this cause by their attorney and says by leave of the Court they will abandon the prayer of their said petition in this cause as to-damages and ask the Court to enjoin and restrain the said Defendants from building their said mill dam any higher than it now is.

p 25.
James Arnold, et al Plaintiff
against                                                   Injunction, etc.
Andrew J. Klepper Defendant
Now at this day come again the parties in this cause by their respective attorneys and by agreement of the parties respectively the cause was submitted to the Court upon the evidence already adduced in this behalf, and all and singular the premises being seen and by the Court fully understood the Court do find that the said Defendants be forever restrained prohibited and enjoined from completing their said mill dam or so raising the same above about the level of which would be less tban 12 inches below the bottom of said Plaintiffs mill.

p 26.
Joseph Perham
against                                                   Petition to Foreclose Mortgage
William L. Herrington as admin of
estate of James M. Herrington, deceased
Now at this day come the parties by their attorney and the Defendant says he cannot deny the statements made in the Plaintiffs petition nor but that he ought to recover as he therein alledges and the equity of redemption foreclosed and the mortgaged-property sold to satisfy said debt amounting to the sum ninety eight dollars and forty seven cents for his debt and damages for detaining the same. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid sum of $98.47 for his debt and damages as well as costs to be levied of the following described lands, to wit: Beginning at Richard Gotts SW corner of his lot thence running East 27 poles and 8 links, thence South along the Jefferson City Road 12 poles and 12 links, thence West 27 poles and 2 links,thence North to place of beginning containing 2 acres and 29 poles more or less and if said land be not sufficient to satisfy said debt damage and costs as aforesaid the residue to be levied of the goods and chattels lands and tenements of the said Defendant for all of which execution may issue.

END OF DECEMBER TERM 1851.

147

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