Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Special Term February 29th 1836

p 139.
At a Circuit Court commenced and held on Thursday the 25th of February 1936 in the town of Springfield and County of Greene, State of Missouri, it being a Special Term of the said Circuit Court called and held at the request and wish of Thomas Duke and Willson Eidson, now confined in Jail and charged with a crime of Grand Larceny. Present: The Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff.

Joseph Weaver foreman, Daniel B. Miller, John Roper, Junius M. Rountree, Lefford French, William Ship, William Townsen, Joseph Rountree, Richard Whitlock, Charles Hatter, David Runnels, Kindred Rose, Edmond Voun, Peter Apperson, Ephraim Fulbright, David Roper, Lemuel H. Freeman, Willy D. Brown, John Cunnins, Daniel N. Beal, Robert Forbes, Wily Harp was sworn a Grand Jury for the State of Missouri for the body of Greene County and having received their charge, retired.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. February special term

p 139.
Friday morning February 26th Court met pursuant to adjournment. Present the Honourable C.H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff. The Grand Jury returned into Court here a true bill against Thomas Duke for Grand Larceny a true bill against Wilson Eidson for Grand Larceny. There being no further business before them, were by the Court discharged.

Samuel Scrogins came into open Court and Acknowledged himself to owe and stand justly indebted to the State of Missouri in the Just sum of fifty dollars to be levied of his respective goods and chattles and real estate to be void however upon condition the said Samuel Scrogins shall personally appear before the Judge of the said Court on behalf of the State a certain matter of controversey --p. 140.
now pending in the said Court wherein the State of Missouri is Plaintiff and Thomas Duke is Defendant, and not depart the same without leave of said Court. David Appleby came into open Court and Acknowledged himself to owe and stand justly indebted to the State of Missouri in the just sum of fifty dollars to be levied of his respective goods and chattles and real estate to be void however upon condition the said David Appleby shall personally appear before the Judge of the said Court on behalf of the State a certain matter of controversey now pending in the said Court wherein the State of Missouri is Plaintiff and Thomas Duke is Defendant, and not depart the same without leave of said Court. John Guinn came into open court -- same procedure as above-- Robert J. McElhaney came into open court -- same procedure as above, except Wilson Eidson is Defendant.

p 142.
John Sturdivant came into open court -- same procedure as above with Wilson Eidson as Defendant

Monday morning February 29th 1836. Court met pursuant to adjournment. Present same officials as February 26th.

State of Missouri
vs                                                             Indictment for Grand Larceny
Wilson Eidson
This day came the Circuit Attorney in behalf of the state of Missouri and Wilson Eidson in his own proper person in open Court, who being asked by the Court his plea, saith he is not guilty and thereupon came a Jury, to wit: Robert Wills, John Burden, John Roberts, Wm. Roder, Joseph Hall, Auther N. David, Allen Robertson, Bennet Robertson, Alexander C. Owens, John _ Wills, John Jolly, Stephen D. Haley who being duly sworn elected and tried well and truly to try this cause returned into Court hear the following verdict: "We the Jury find the Defendant guilty in manner and form charged against him in the within indictment and do find the watch to be of the value of thirty nine dollars and do also assess the punishment of the said defendant to two years and one month and fifteen days imprisonment in the penetentiary of the State. Do also find the watch returned to the owner. John Roberts foreman."

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GREENE COUNI'Y, MISSOURI, CIRCUIT COURT CASES

Book A. February 1836 Special Term

p 142.
State of Missouri Plaintiff
vs                                                             Indictment for Grand Larceny
Thomas Duke Defendant
This day came the Circuit Attorney in behalf of the State of Missouri and Thomas Duke in his own proper person who being asked by the Court his plea saith he is not guilty and puts himself upon the County and thereupon came a Jury, to wit: Edward Thompson, John B. Williams, Thomas Hodges, Hezekiah Douglas, Abraham Hays, Caleb Lutrell, William Kindle, Gray Wills, John P. Alsop, George H. Jefferson, Benjamin F. Butler and James Massy who were elected tried and sworn well and truly to try this case.

Tuesday morning March 1st 1836 Court met according to adjournment. Present: The Honourable H. Allen Circuit Judge, Cornelius D. Terrell Clerk, Chesley Cannefax Sheriff.

The Jury who were elected in the above case being called were found present - with the exception of Thomas Hodges who was fined by the Court ten dollars for non attendance and James Mccurry was summoned tried and sworn in his place. This day came Thomas Hodges into Court and having offered satisfactory excuse for his non appearance as a Juror in the above case the fine was remitted. The Jurors in the above cause having retired, returned into Court here the following
verdict - We the Jurors in the above case find the Defendant guilty of petty larceny to the amount of seven dollars and fifty cents. He shall be imprisoned in the County Jail for three months. The money shall be returned. George H. Jefferson, foreman.

p. 143.
And now at this day, to wit: Wednesday the 2nd day of March, the Court met - agreeable to adjourment and the said Wilson Eidson being brought to the bar of the said Court, to wit: for the County of Greene and being demanded if anything he had to say why Judgment - should not be pronounced against him according to the verdict of the Jury and the said Wilson Eidson answering nothing - whereupon it is ordered and adjudged by the Court - that - the said Wilson Eidson be conveyed to the jail from whence he came and from thence to the penetentiary of this State, there to remain in solitary confinement - during the term of two years one month and fifteen days. C.H. Allen.

And now at this day to wit: Wednesday the 2nd day of March the Court met agreeable to adjournment and the said Thomas Duke being brought to the bear of the said Court, to wit: For the County of Greene and being demanded if anything he had to say why Judgment should not be pronounced upon according to to the verdict of the Jury and the said Thomas Duke answering nothing wherefore it is ordered and adjudged by the Court that the said Thomas Duke be conveyed to the jail from whence he came and there to remain during the space of three months. C.H. Allen

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