Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1860
Book E

p 1.
Be it remembered that the Regular Term of the Greene County Circuit Court began and held at the Court House in Springfield on the last Monday in January A.D. 1860 there was present:
The Honorable P.H. Edwards Circuit Judge
J.W.F.D.L. Mack Clerk
Julian Frazier Circuit Attorney
Henry Matlock Sheriff
Now at this day comes the Sheriff and returns the venire facias for a Grand Jury with the following pannel of Grand Jurors viz A.H. Walker, who is by the Court appointed foreman, Henry Fulbright, A.M. Julian, Anderson Doss, W.J. Bradshaw, Jeptha Wallis, J.L. Alexander, A. Hamblin, Daniel McCray, W.W. Jeffries, Edward Moore, P.C. King, Samuel Wood, J.H. Miller, John Hagan, W.C. Johnson, W.B. Farmer, seventeen good and lawful men who being duly elected, charged and sworn retire to consider of their presentments.

Following causes ordered continued until next term of this Court:
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #1
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #2
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #3

p 2 . State of Missouri vs Samuel McDonald -- Selling Liquor Without License #4
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #5
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #6
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #7
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #8
State of Missouri vs Samuel McDonald -- Selling Liquor Without License #9

p 3.
Ordered by the Court that J.M. Frazier be allowed to sign the roll of Attornies.
(Prior to page 1, a note stating "New roll of attorneys licensed to practice in State of Missouri John A. Mack, Matthew Cavanaugh, A.M. Julian)

State of Missouri Plaintiff
vs                                                   Felonious Assault
William Thompson
(Dfdt files motion to Quash Indictment)

State of Missouri Plaintiff
vs                                                   Peddling Without License
A.G. Dervault Defendant
(on Indictments #1, #2, #3, #4, #5 ordered that an alias sciri facias issue in these causes to Webster County)

p. 4.
State of Missouri Plaintiff
vs                                                   Betting on Election
William Bernard Defendant
(Cause continued by Cir. Attorney)

State of Missouri Plaintiff
vs                                                   Gaming
Henry Johnson Defendant
(cause continued by Cir. Attorney)

153
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860

p 4.
State of Missouri Plaintiff
vs                                                   Felonious Assault
James Johnson Defendant
(Cause continued by Cir. Attorney)

State of Missouri Plaintiff
vs                                                   Gaming
John Patterson Defendant
(Cause continued)

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
Joseph Shooker Defendant
(Indictments #1 and #2 cause continued until next term of Court)

p 5.
State of Missouri Plaintiff
vs                                                   Felonious Assault
J.P. Redfearn Defendant
(Defendant files motion to Quash Indictment)

Neil McKenzie Plaintiff
vs                                                   On Injunction
Charles McClure Defendant
Now at this day comes the parties by attorneys and this cause is dismissed. It is therefore considered by the Court that the same be dismissed and that the Defendant have and recover of said Plaintiff his costs laid out and expended and that execution issue therefor.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Jackson Fleetwood Defendant
Now at this day comes the Circuit Attorney and on his motion it is ordered that an aliassciri facias issue in this cause on the said forfeiture of recognizance, that the same be Issued to the County of Douglas.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Jackson Fleetwood Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and says that he will not further prosecute this suit. It is therefore ordered by the Court that the State take nothing by the suit and that the Defendant be discharged hereof and go hence without day.

p 6.
Ordered by the Court that J.M. Price be remanded in the custody of the Sheriff and by him commited to the Jail of Greene County.

p 7.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Henry M. Nelson Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by

154
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 7 (cont)
Attorney and having announced ready for trial thereupon came a Jury viz R.H. Dixon, Andrew Owen, J. Hursh, H.L. Lon, R. Gott, B. Henslee, J.S. Gott, W. Merrett, J.B. Perkins, J.M. Bailey, J.L. Gardner and D.C. Allen, twelve good and lawful men who being elected tried and sworn to well and truly try the issue joined, having heard the evidence and received the instructions of the Court, upon their oath say: "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

Motions filed
James Burns vs O.B. Smith -- Civil Action Demurer
John R. Edwards adm debonis non
Joseph Cannefax Garnishee on Fi Fas.

p 8/9
William Byers vs John Butterfield Civil Action capis nom protine.

p 10.
E.B. Miller et al
vs                                                   Civil Action
J.J. Weaver et al
(Plaintiffs file their supplemental and amended petition)

Following causes continued until next term of this Court.
State of Missouri vs William Gash Felonious Assault
State of Missouri vs James S. McQuerter Nuisance

p 10/11.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Randall Young Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and having announced themselves ready for trial thereupon come a Jury viz: R.B. Coleman, G.W. Huff, Joseph Burden, J.C. Conley, S.S. Butler, Benjamin Beal, Paschal McMinn, W.L. Hancock, D.L. Fulbright, D.C. Brown, G.W. Sloan and Scott Ray, twelve good and lawful men who being duly elected tried and sworn to try the issue found, having heard the evidence and received the instructions of Court and there not being time to complete the argument of Counsel the Jury were permitted to disperse under charge of the Court until tomorrow 9 o'clock.

p 11.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
George L. Mitchell Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and says by leave of the Court he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

p 12.
Barnes and Overstreet vs Hursh and Demoth -- Civil Action - amend petition.
John G. Wharton vs R.E. Blakey Civil Action -- demurer sustained.
Martin V. McQuigg vs George Brown and J.S. Doak -- Plaintiff files interogations.

155
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 12.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Randal Young Defendant
Now at this day again comes the Jury empannelled in this cause and having heard the argument of Counsel upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence wIthout day.

p 13.
State of Missouri Plaintiff
vs                                                   Gaming #1
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of ten dollars and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #2
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of ten dollars and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #4
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant uho says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of ten dollars and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #5
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of ten dollars and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #6
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty
(cont)

156
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 14 (cont)
in manner and form as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fIne of ten dollars and also costs of suit and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Sabbath Breaking
William L. Herrington Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and suggests the death of said Defendant and says he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered by the Court that the same be dismissed and that the State of Missouri take nothing by her suit and that the Defendant be discharged and go hence without day.

p 15.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
John Foster Defendant
Now at this day comes the Circuit Attorney who prosecutes on this behalf. It is ordered that attachments issue for Samuel Burting, John Dickens and Charles Thornhill, wItnesses in said cause On behalf of the State returnable to the next term of this Court to which time the cause is continued.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #5
John Foster Plaintiff
Now at this day comes the Circuit Attorney who prosecutes on this behalf. It is ordered that attachment issue for William Thornhill, witness in said cause on behalf of the State returnable to the next term of this Court to shich time the cause is continued.

State of Missouri Plaintiff
vs                                                   Gaming #1
C.W. Akin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State and says by leave of the Court that he will not further prosecute this suit. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the same be dismissed and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Gaming #2
C.W. Akin Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State and says by leave of the Court that he will not further prosecute this suit. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the same be dismissed and that the Defendant be discharged hereof and go hence without day.

p 16
State of Missouri vs A.M. Huff Felonious Assault - alias writ issued.
State of Missouri vs J.P. Redfearn Felonious Assault cause continued

157
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 16.
State of Missouri Plaintiff
vs                                                   Perjury
Joseph F. Oneal Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and having announced ready for trial thereupon came a Jury, viz George Brittain, J.P. Allen, R.D. Blades, John Thurman, J.H. Caynor, J.B. Wilkersorr, J. Ragsdale, William Lair, James Rowan, Thomas Turner, Thomas Dodds and S.M. Gresham, twelve good and lawful men who being duly elected tried and sworn having heard a portion of the evidence and there not being time to complete the same the said Jury by consent of Counsel and leave of the Court are permitted to disperse under charge of the Court until tomorr0w morning 9 o'clock.

p 16.
State of Missouri PlaintIff
vs                                                   False Pretense
Joseph Renfro Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and the said Defendant being thrice solemnly called comes not but herein makes default and John F. Norton, John F. Abernathy, A.S. Adams, M.L. Abernathy and M.V. Abernathy his recognizances being also thrice solemnly called and required to bring in the body of said Joseph Renfro in obedience to their said recognizance and they also come not but herein make default. It is therefore considered by the Court that the said recognizance be forfeited and that a sciri facias issue to said John F. Norton, John F. Abernathy, A.S. Adams, M.L. Abernathy and M.V. Abernathy requiring them to appear before the Judge of the Greene Circuit Court on the first day of the next term thereof and show cause why if any they have that said forfeiture of said recognizance should not be final and judgment be rendered against them for the sum of three hundred dollars the amount of said recognizance and an execution issue thereon.

p 17. Thursday February 2, 1860
Ordered that J.M. Wims be permitted to sign the Roll of Attorneys.

Now at this day comes Peter C. King the former Sheriff of Greene County and shows to the Court that there was an error committed in the Deed made by him as Sheriff to Jabez Owen for a portion of the real estate of John Smith deceased where it reads Township 27 where in fact it should have been Township 28, and the Court being fully advised of this premises it is ordered that the said King be permitted to correct said Deed by changing Township 27 to Township 28.

p 18.
State of Missouri Plaintiff
vs                                                   Perjury
Joseph F. Oneal Defendant
Now at this day again come the Jury impannelled in this cause and having heard the instructions of the Court and heard the argument of Counsel upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged in the Bill of Indictment." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

158
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 18. Friday February 3rd 1860
Reuben Rose Plaintiff
vs                                                   Civil Action
Allen Fielden
Daniel Chandler Defendants
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur to the petition of said Plaintiff and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that said Defendants are indebted to said Plaintiff in the sum of $550 debt and the sum of $55.58 damage. It is there fore considered by the Court that the Plaintiff have and recover of and from said Defendants his said debt and damages and also costs of suit laid out and expended and that he have execution therefor.

p 19.
N. Barnes Plaintiff
vs                                                   Civil Action
K.L. Burdett Defendant
Now at thIs day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and has failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that said Defendant is indebted to said Plaintiff in the sum of $200 debt and also the sum of $22.50 damages. It is therefore considered by the Court that the said Plaintiff have and recover of said Defendant his said debt and damages and also his costs laid out and expended and that he have execution therefor.

Ordered by the Court that Nathan Bray be permitted to sign the Roll of Attorneys.

p 19/20.
State of Missouri Plaintiff
vs                                                   Felonious Assault
John Carter Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State and the said Defendant being thrice solemnly called comes not but herein makes default and the said James Lee and Shadrack Johnson his recognizance being also thrice called and required to bring in the body of said John Carter in obedience to their recognizance also make default. It is therefore considered by the Court that the said recognizance of $500 entered into by said recognizers be forfeited and that a scira facias be issued requiring said James Lee and Shadrack Johnson to be and appear before the Judge of the Greene Circuit Court on the first day of the next term thereof and show cause if any they have why said forfeiture should not be made final and Judgment rendered against them for said sum of $500 and costs and an execution issue therefor.

p 20.
State of Missouri Plaintiff
vs                                                   Felonious Assault
John Carter Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also N. Brown and Joseph Moss who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 each to be bond of their respective goods and chattels lands and tenements to be void on condition that the said N. Brown and Joseph Moss shall be and make their personal appearance before the Judge of our Greene Circuit
(cont)

159
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 20 (cont).
Court at the Court House in Springfield on the first day of the next term thereof and testify on part of the State in the above entitled cause and not depart said Court without leave.

John R. Edwards admin debonis
non of Joseph Cannefax, deceased
vs                                                   Civil Action. Garnishee
W.J. Cannefax, Defendant
John R. Edwards Garnishee
Now at this day the answer of John R. Edwards as garnishee has in his hands belonging to said Defendant W.J. Cannefax the sum of $166.94 in money. It is therefore considered by the Court that said Garnishee be allowed the sum of $10 as a fee for answering said garnishment and It is further considered by the Court that the said Plaintiff have and recover of and from the said garnishee the sum of $156.94 the sum answered to be said garnishee and that he have an execution therefor.

Ordered by the Court that James M. Price who is confined in the Jail of Greene County for murder be brought into Court whicb is accordingly done.

p 21.
Ordered that the Court adjourn into the Male College Building on account of the unsafe condition of the Courthouse.

State of Missouri Plaintiff
vs                                                   Indictment For Murder
James M. Price Defendant
Now at this day comes the CircuIt Attorney and having announced ready for trial it is ordered by the Court that the Sheriff summon a pannel of 36 good and lawful men to constitute a Jury in said Cause.

State of Missouri Plaintiff
vs                                                   Gaming
Anderson H. Payne Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the indictment. It is therefore considered by the Court that the Defendant be fined the sum of ten dollars for the commission of the offense. It is considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant her said fine and costs of suit made out and expended and that she have execution therefor.

p 21/22.
R.J. McElhannon Plaintiffs
W.J. McDaniel &
Horace Sanders
vs                                                   Civil Action
D.M. Bedell Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur to tbe Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the said Defendant is indebted to said PlaintIff in the sum of $215.20 debt and $8.75 damages. It is therefore considered by the Court that the Plaintiff have and recover of the Defendant the said debt and
(continued)

160
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 21/22 (cont)
damage and also costs of suit laid out and expended and that they have execution therefor.

p 22.
State of Missouri Plaintiff
vs                                                   Felonious Assault
William Thompson Defendant
Now at this day the motion to quash the indictment in this cause coming on to be heard and the Court being fully advised of the premises said motion is by the Court sustained and said Indictment quashed. It is therefore considered by the Court that the State take nothing by her suit and that the Defendant be discharged hereof and go hence without day. Whereupon comes the Circuit Attorney who prosecutes for the State and by leave of the Court files his Bill of Exceptions in this cause and asks an Appeal to the Supreme Court which is by the Court granted.

Barton County
vs                                                   Civil Action
Jason W. Bruffy
Now at this day comes Nathan Bray agent of Barton County and by leave of the Court files the petition of said Plaintiff to dismiss this suit and also a copy of an order of said County Court and affidavit of Defendant and asks the Court to dismiss this cause as to Barton County and the Court being fully advised of the premises said motion is by the Court sustaIned and said cause dismissed at the cost of said Barton County. It is therefore considered by the Court that the said Plaintiff take nothing by her suit and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended in this behalf and that he have execution therefor.

p 23.
Barton County
vs                                                   Civil Action
William D. McFarland
Now at this day comes Nathan Bray agent of Barton County and by leave of the Court files the petition of said Plaintiff to dismiss this suit and also a copy of an order of said County Court and affidavit of Defendant and asks the Court to dismiss this cause as to Barton County and the Court being fully advised of the premises said motion is by the Court sustained and said cause dismissed at the cost of said Barton County. It is therefore considered by the Court that the said Plaintiff take nothing by her suit and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended in this behalf and that he have execution therefor.

p 23/24.Saturday February 4th 1860.
John Alexander Plaintiff
vs                                                   Civil Action by Attachment
Edward Teague Defendant
Now at this day comes the said Plaintiff and his attorney and it appearing to the Court that the said Defendant had been duly served with process by publication in the Springfield Mirror, a newspaper printed and published in Greene County, Missouri, and the said Defendant having neither plead, answered or demurred to the petition of Plaintiff and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the said Defendant is indebted to the said Plaintiff in the sum of $874 debt and also the sum of $333.33 for his damage. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant his said debt and
(continued)

161
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
January Term 1860
p 23/24 (cont)
damages and also costs of suit and that the real estate attached, viz E 1/2 NE 1/4 Sect 26 and W 1/2 NW 1/4 Sect 25 Township 29 Range 23 be sold to satisfy the same and that a special Fe Fa issue therefor.

p 24.
Ordered by the Court that J.M. Price be brought into Court which is accordingly done.

A.M. Julian Plaintiff
vs                                                   Civil Action
James S. McQuerter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by said Defendant and the amount ascertained thereby. The court doth fInd from an examination of the same that the Defendant is indebted to said Plaintiff in the sum of $181 debt and the sum of $1.20 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage and also costs of suit and that he have execution therefor.

p 25.
State of Missouri Plaintiff
vs                                                   Indictment For Murder
James M. Price Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State and also the Defendant who is also in Court and by attorney and waives his right to the time of 48 hours to examine the pannel of Jurors ordered to be summoned and the said Defendant by attorney announces ready to proceed with impannelling a Jury where upon comes a Jury as follows S.T. Whitlock, William R. Robertson, W.N. Tiller, D.C. Brown, Isaac Saluder, J.C. Conley, J.B. Johnson, W.A. Thomas, T.C. Piper, Charles Young, William Rainey and William Pursley, twelve good and lawful men who being duly elected tried and sworn and there not being time to proceed further with the trial and ordered by the Court unto the charge of the Sheriff until Monday Morning 9 o'clock. Now at this day comes the Grand Jury and returns into Court a true bill of Indictment of the State vs Marcus White for taking away a female to be defiled which is ordered on file and a capias ordered to issue.

Ordered by the Court that the time of pleading be extended to Tuesday evening, next.

Barton County
vs                                                   Civil Action
William D. McFarland
Now at this day comes the Defendant by attorney and by leave of Court files his motion for a new trial in this cause and all and singular the premises being seen and by the Court fully understood said motion is by the Court overruled and a new trial refused.

Ordered by the Court that James M. Price be remanded into custody of the Sheriff.

p 26.Monday Morning February 6th 1860.

Ordered that James M. Price be brought into Court which is accordingly done.

162
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 26.
State of Missouri Plaintiff
vs                                                   Indictment For Murder
James M. Price Defendant
Now at this day again come the Jury impannelled in this cause (as also the Circuit Attorney who prosecutes and the said Defendant in person who pleads not guilty to the Indictment and by attorney) and having heard a portion of the evidence and there not being time to complete the same are ordered under charge of the Sheriff until tomorrow morning 9 o'clock.

p 27. Petitions handled
P.D. Dodds et al vs Jane Garroutte et al -- petition for partition

Ordered by the Court that Joshua Crishon be fined $5 for contempt of Court by disturbing Court by loud and needless noise.

p 28.
Ordered that James M. Price be remanded into custody of the Sheriff.

W.G. Chittock & Robert Lindsey Plaintiffs
vs                                                   Civil Action
Joseph Hursh Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the said Defendant is indebted to the said Plaintiff in the sum of $237.83 for debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant his said debt and damage and also costs of suit laid out and expended and that he have an execution therefor.

p 29.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
James M. Price Defendant
Now at this day again comes the Circuit Attorney who prosecutes for the State in this behalf and also the Defendant in person and by attorney and also the Jury heretofore impannelled in this cause and having heard a portion of the evidence and there not being time to completethe same the said Jury are ordered in charge of the Sheriff until tomorrow morning 9 o'clock.

Ordered that James M. Price be remanded into custody of the Sheriff.

p 30. Wednesday morning February 8th 1860
Ordered by the Court that J.M. Price be brought into Court which is accordingly done.

State of Missouri Plaintiff
vs                                                   Indictment for Murder
James M. Price Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State of Missouri and also the Defendant in person and by attorney and also the said Jury who having heard the evidence completed and there not being time to complete the trial are by the Court ordered in charge of the Sheriff until tomorrow morning 9 o'clock.

163
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 30.
G.P. Shackleford &
John Lain Plaintiffs
vs                                                   Civil Action by Confession
Peter Appinnit & Defendants
William H. Frazier
Now at this day comes the Plaintiff by attorney and files a statement in writing signed by Defendant and verified by their affidavit wherein they set forth that they are indebted to said Plaintiffs in the sum of $99.92 now due and the said Defendants appear and confess Judgment in favor of said Plaintiffs for the same. It is therefore considered by the Court that the Plaintiffs have and recover of and from the said Defendants their said debt of $99.92 with 10% interest and also costs laid out and expended and that they have execution therefor.

Ordered by the Court that James M. Price be remanded into custody of the Sheriff.

p 31. February 9th, 1860.
Ordered by the Court that James M. Price be brought into Court which is accordingly done.

T.E. Roberson & Jas. Roberson Plaintiffs
vs                                                   Civil Action
Nimrod Ford, J.A. Parrish &
C.C. Parrish Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead, answer or demur to Plaintiff's petition, and the same being founded on an instrument of writing signed by said Defendants and the amount ascertained thereby. The Court doth find from an examination of the same that the said Defendants are indebted to said Plaintiffs in the sum of $1755 for their debt and also the sum of $20.31 damages. It is therefore considered by the Court that the said Plaintiffs have and recover of and from the Defendants their said debt and damages and also costs of suit laid out and expended and that they have execution therefor.

p 31/32.
W.M. Rogers Plaintiff
vs                                                   Civil Action
A.J. Klepper Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly served with process and having failed to plead, answer or demur to Plaintiffs petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby. The Court from an examination of the same doth find that the said Defendant is indebted to said Plaintiff in the sum of $463.03 for debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from said Defendant hls said debt and damage and also costs of suit laid out and expended and that unless cause be shown to the contrary by the first day of the next Court the same will be made final.

p 32.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
James M. Price Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf for the State and also the Defendant in person and by Attorney and also the Jury heretofore impannelled in this cause and having heard a portion of the argument of counsel and there not
(continued)

164
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM lS60
p 32 (cont)
being time to complete the same the Jury are ordered in charge of the Sheriff until tomorrow morning 9 o'clock.

p 32/33
Now at this day comes the Grand Jury impannelled on the first day of this Court and return into Court the following True Bills of Indictment viz -
State vs Henry Fryanfield -- Peddling Without License
State vs Henry Fryanfield -- Felonious Assault
State vs Henry Fryanfield -- Felonious Assault
State vs Henry Fryanfield -- Felonious Assault
State vs Henry Fryanfield -- Felonious Assault
State vs Henry Fryanfield -- Felonious Assault
State vs Ruse Gott -- Gaming
State vs R.E. Blakey -- Disturbing Peace Of A Neighborhood
State vs A.K. Adams -- Disturbing Peace Of A Neighborhood
State vs J. Creson and M. Amos -- Disturbing Peace Of A Neighborhood
State vs Hiram Lendle -- Disturbing Peace Of A Neighborhood

p 32/33 (cont)
State vs __________ No. 1 -- Grand Larceny
State vs __________ No. 2 -- Grand Larceny
State vs R. and M. Rose -- Public Indecency
State vs John Murran -- Peddling Without License
State vs __________ -- Murder in 2nd Degree
State vs William Hunt -- Gaming
Which said Bills of Indictment are ordered on file and capias ordered to issue instantee and the said Jury return to further consider of their presentments.

p 33.
Ordered by the Court that James R. Price be remanded into custody of the Sheriff.

Friday February 10, 1860
Ordered by the Court that James R. Price be brought into Court which is accordingly done.

p 34.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Jabez Owen Defendant
Now at this day comes the Defendant in his own proper person and by attorney and also the Circuit Attorney who prosecutes in this behalf for the State and the said Defendant says he is guilty in manner and form as charged in the Indictment. Whereupon the Court doth assess as a punishment on said Defendant a fine of $100 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her said fine and also costs laid out and expended and that she have an execution therefor.

State of Missouri Plaintiff
vs                                                   Civil Action
James M. Price Defendant
Now at this day comes the Circuit Attorney who pr6secutes for the State and the said Defendant in person and by attorney and also the Jury impannelled in this cause and having heard the completion of argument of Counsel and there not being time to agree upon a verdict said Jury are ordered into the custody of the Sheriff until tomorrow morning 9 o'clock.

165
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK E
JANUARY TERM 1860
p 35.
Ordered by the Court that James M. Price be remanded into custody of the Sheriff.
Court adjourned until tomorrow morning 9 o'clock.

Saturday morning February 11, 1860.

Ordered that James M. Price be brought into Court which is accordingly done.

p 35.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
James M. Price Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and also the Jury impannelled in this cause and upon their oath say "We the Jury find the Defendant not guilty in manner and form as charged In the Bill of Indictment." It is thereupon considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged from the custody of the Sheriff and go hence without day.

p 36.
Littleberry Hendrick Plaintiff
vs                                                   Civil Action
W.G. Biggs Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the Defendant has been duly served with process and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant and the amount ascertained thereby. The Court doth find from an examination of the same that the Defendant is indebted to said Plaintiff in the sum of $177.05 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his debt and damage aforesaid and also costs of suit and that he have execution therefor.

p 37.
Causes continued until next term
Thomas Tiller adm vs Sowell Adams -- Civil Action
Elizabeth Holbrook vs Thomas Tiller -- Civil Action
H.W. Akin vs William Townsend -- Civil Action
J.H. Fitzgibbon vs E.M. Hendrick,
L. Hendrick, B.S. Hendrick -- Civil Action.

Amaziah Ingram Plaintiff
vs                                                   Civil Action
G.D. Haden
Now at this day comes the Plaintiff by attorney and by leave of the Court dismisses this Cause. It is therefore considered by the Court that the said Plaintiff take nothing by his suit and that the Defendant have and recover of and from said Plaintiff his costs laid out and expended and that he have execution therefor.

p 38.
D.P. Hurley Plaintiff
vs                                                   Civil Action
I.M. Richardson Defendant
Now at this day comes the Plaintiff and by leave of the Court and dismisses this suit. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of the Plaintiff his costs laid out and expended and that he have an execution therefor.

166

January Term Continued
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