Abstract of Circuit Court Record Books June 1864 - January 1865

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1865
Book G.

p 1.
Springfield, Missouri, January 2nd 1865.

Be it remembered that the Regular Term of the Greene Circuit Court began and beld at the Court House in the City of Springfield, Greene County, Missouri, on the first Monday in January A.D. 1865 there was present Honorable John Waddill, Judge of 14th Judicial Circuit in the State of Missouri John R. Cox, Circuit Attorney for said Circuit Martin J. Hubble, Clerk of said Court, and, John A. Patterson, Sheriff of said County when and where the following proceedings were had, viz

Now at this day comes Elam P. Gott and A. Hollinngsworth and files their appointment as Deputy Sheriffs of Greene County which is by the Court approved.

Now at this day comes J.A. Patterson, Sheriff of Greene County, and return into Court the venira facias for a Grand Jury viz:
James Abbott who is by the Court appointed foreman, Samuel Wood (2) John S. Gott (3) William H. Whittock (4) M.B. Potter (5) R.B. Womack (6) J. Cunningham (7) E. Whorton (8) N.A.H. Murphy (9) A. Oneal (10) John Yeakley (11) JR. Julian (12) TE. Mason (13) J.H. Kelly (14) W.G. Patterson (15) and J.E. Gilmore (16) sixteen good and
(continued)

142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865 January 2nd 1865
p 1. (continued)
lawful men who being duly elected tried and sworn to well and truly to enquire within and for the County of Greene and having taken the oath prescribed by the ordinance of the convention and received the charge of the Court return to consider of their presentments.

State of Missouri Plaintiff
vs                                                   Gaming on Sunday
R.H. Edmonson and Sam Massey Defendants
Now at this day comes the Circuit Attorney and also the Defendants in their own person and by attorney and for a plea says they are guilty as charged wheretofore the Court doth fine the Defendants five dollars each for the commitment of the offence. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendants the sum of five dollars each and also costs that she have executions therefor and the Defendants be remanded into the custody of the Sheriff till fine and costs are fully paid.

p 1/2.
State of Missouri Plaintiff
vs
R.B. Coleman Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and says he is not willing to prosecute this cause any further on the account of death of R.B. Coleman. It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant be discharged and go hence without day.

p 2.
Crow McCreary & Co
vs                                                   Civil Action
Evans Morgan & Co,
John S. Coleman, Garnishee
Now at this day comes John S. Coleman Garnishee in this cause by attorney and by leave of Court files his answer in this cause.

Now at this day comes J.A. Patterson and files his bond as Sheriff of Greene County in Open Court which is by the Court approved.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of a Family
James Mason Defendant
Now at this day comes the Circuit Attorney who says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant have and recover of and from Plaintiff his costs in this behalf laid out and expended and go hence without day and a fee bill issue in this Court.

State of Missouri Plaintiff
vs                                                   Felonious Assault
James W. Blakey Defendant
Now at this day comes the Circuit Attorney on behalf of the State and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and Defendant go hence without day and a fee bill issue in this cause.

143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
p 2.
State of Missouri Plaintiff
vs                                                   Murder
Jacob Hick Defendant

and

State of Missouri Plaintiff
vs                                                   Disturbing Peace of a Family
Frank Smith
// Causes continued, generally//

p 3.
State of Missouri Plaintiff
vs                                                   Bigamy
James W. Allman Defendant
Now at this day comes the Circuit Attorney on behalf of the State and says he is unwilling to further prosecute this cause hut suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and Defendant go hence without day and a fee bill issue in this cause.

State of Missouri Plaintiff
vs                                                   No. 2 Grand Larceny
Frank Black Defendant
Now at this day comes the Circuit Attorney on behalf of the State and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and Defendant go hence without day and a fee bill issue in this cause.

State of Missouri Plaintiff
vs                                                   No. 3 Grand Larceny
Frank Black Defendant
Now at this day comes the Circuit Attorney on behalf of the State and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and Defendant go hence without day and a fee bill issue in this cause.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Isaac Bradley Defendant
Now at this day H.J. Lindenbower is appointed prosecuting attorney on behalf of the State in this cause.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Isaac Bradley Defendant
Now at this day on motion of the Prosecuting Attorney Protem George W. Duly and George Alexander the witnesses in this cause are fined five dollars for contempt of Court in not appearing in answer to a summons from this Court.

p 4.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Isaac Bradley Defendant
Now at this day comes H.J. Lindenbower prosecuting Attorney in this cause and on his motion an attachment is awarded against George W. Duly and George Alexander the witnesses in this cause.

144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865 January 2nd
p 5.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Hayse Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in Indictment and both parties having announced themselves ready for trial, thereupon comes a Jury viz Elihu Messick, C.B. Henslee, John A. Lee, W.W. Jeffries, T. Carter, Joseph Hursh, Joel Phillips, W. Freeman, F.M. Watson, J.B. Majors, J.H. Price Sr, Jonathan Gott, twelve good and lawful men who having taken and subscribed the oath prescribed by convention were duly sworn to try the issue and after having heard the evidence and received the instructions of the Court retired to consider their verdict and upon returning into Court in the presence of the Court through their foreman presented the following verdict viz "We the Jury find the issues in favor of the Defendant, Joseph Hursh, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant go hence without day and a fee bill issue in this cause.

Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill C J

Springfield, Missouri, January 3rd, 1865.
Court met pursuant to adjournment. Present as on yesterday.

p 5/6
State of Missouri Plaintiff
vs                                                   Grand Larceny
William F. Simpson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant being thrice called comes not but makes default, and it appearing to the satisfaction of the Court that Defendant had entered into recognizance on the __ day of May 1864 for the sum of $300 with Martha Ann Patterson, Nannie Simpson and John J. Laughlin as his securities to be void on condition that the said William F. Simpson be and make his personal appearance before the Judge of out Greene Circuit Court at a Court to be held at the Court House in Springfield Greene County, Missouri, on the first Monday in July A.D. 1864 then and there to answer a Bill of Indictment preferred against him by the Grand Jury of said County for Grand Larceny and not depart said Court without leave and the said Martha Ann Patterson, Nannie Simpson and John J. Laughlin being thrice called and required to bring into Court the body of the said William F. Simpson in obedience to their said recognizance came not but made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued to the said William F. Simpson, Martha Ann Patterson, Nannie Simpson and John J. Laughlin requiring them to be and appear before the Judge of our Greene Circuit Court on the first day of the next term which will commence on the second Monday in July 1865 and show cause if any they have why judgment shall not be rendered against them for the said sum of $300 and cost of suit and execution issue therefor.

p 6.
State of Missouri Plaintiff
vs                                                   Treason
William L. Chapman Defendant
Now at this day comes John R. Cox who prosecutes for the State and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore
(continued)

145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 6 (continued)
considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day and a fee bill issue in this cause.

p 7.
State of Missouri Plaintiff
vs                                                   Disturbing Telegraph
Austin Mills Defendant
Now at this day comes the Defendants by attorney and by leave of Court files their motion to quash the Bill of Indictment in this cause.

Now at this day it is ordered by the Court that time for pleading be extended until 12 o'clock Thursday next.

Now at this day David Payne is appointed Assistant Prosecuting Attorney Pro Tem and took the oath required by Law.

State of Missouri Plaintiff
vs                                                   Grand Larceny
S. Blackman Defendant
Now at this day it appearing to the Court that F. Evans, George Evans, Thomas Rountree and James Beal have been duly subpoenaed to appear at the present term of this Court and testify in this cause as so required and having wholly failed so to do, it is ordered by the Court that attachments issue for their bodies returnable instanter.

p 8.
James Atkisson & Benjamin F.
Acock, admins of R.F. Acock, Deceased Plaintiffs
vs                                                   Civil Action
Lucy C. Acock Defendant
Now at this day comes Plaintiffs by attorney and suggests the removal of the administrators of said estate and the appointment of Alexander Milligan administrator of said estate and that said administrator be made Plaintiff in this cause. An alias summons issue to Defendant in this cause,

State of Missouri Plaintiff
vs                                                   No. 1 Grand Larceny
D. Hardin Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is not willing to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day and that a fee bill issue in this cause,

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath or Bond
Quarles Banfield Defendant
//Cause continued to next term//

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath or Bond
H. Jones Defendant
//Cause continued to next term//

146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 9.
State of Missouri Plaintiff
vs                                                 No. 2 Selling Liquor Without Oath or Bond
H. Jones Defendant
//Cause continued to next term//

State of Missouri Plaintiff
vs                                                   No. 3 Selling Liquor Without Oath or Bond
H. Jones Defendant
//Cause continued to next term//

State of Missouri Plaintiff
vs                                                   No. 1 Selling Liquor Without License
Sam Westlake Defendant
//Cause continued until next term//

State of Missouri Plaintiff
vs                                                   No. 2 Selling Liquor Without License
Sam Westlake Defendant
//Cause continued until next term//

State of Missouri Plaintiff
vs                                                   No. 1. Selling Liquor Without Oath or Bond
Sam Westlake Defendant
//Cause continued until next term//

C.A. Haden Plaintiff
vs                                                   Civil Action
N.A.H. Murphy Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause and leave is given Plaintiff to withdraw instrument sued on by leaving a copy of same.

State of Missouri Plaintiff
vs
Z. Sims Defendant
Now at this day comes the Circuit Attorney and on his application this cause is continued until next term of this Court.

p 10.
State of Missouri Plaintiff
vs                                                 No. 1 Selling Liquor Without Oath or Bond
James Hayse Defendant
Now at this day comes the Circuit Attorney and for a plea says he is not guilty in manner or form as charged in the Bill of Indictment and both parties having announced themselves ready for trial wherefore comes a Jury viz B.W. Henslee, C.B. Henslee, S,M. Grissom, A. Hammontree, Thomas Yeakley, D. Clayman, T.J, Epperson, A. Fisher, L.J. Sewell, J. Sewell and J.D. Bunch and J.B. Cox, twelve good and lawful men who being elected tried and sworn to try the issue and having and subscribed the oath prescribed by the ordinance of the convention and after having heard the evidence and received the instructions of the Court retired to consider their verdict and upon returning into Court in the presence of the Court through their foreman presented the following verdict viz "We the Jury find the Defendant guilty as charged in the Indictment and assess fine at $50 (signed) B,W. Henslee, foreman". It is therefore considered by the
(continued)

147
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 10 (cont)

Court that the State of Missouri have and recover of and from Defendant her said fineof $50 and also her costs in this behalf laid out and expended and that she have execution therefor and that the Defendant remain in custody of the Sheriff till fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                 No. 1 Selling Liquor Without Oath or Bond
James Hayse Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion for a new trial in this cause.

p. 11. 3 January 1865
Thomas A. Sherwood Plaintiff
vs
Thomas B. Morgan Defendant
Now at this day comes the Plaintiff in the above entitled cause into open Court and files his petition and affidavit stating amongst other things that the above named Defendant, Thomas B. Morgan, is a nonresident of the State of Missouri and it appearing to the satisfaction of the Court that said Defendant cannot be summoned in this action. It is therefore ordered by the Court aforesaid that publication be made notifying said Defendant, Thomas B. Morgan, that an action has been commenced against him by petition and affidavit in the Circuit Court of Greene County in the State of Missouri founded on a contract made by said Defendant with Henry T. Vogel whereby said Defendant agreed to convey to said Vogel the following land: beginning at the NW corner of a parcel of land sold by D.L. Fulbright to Anderson Johnson December 25th 1854 running thence West 7 rods thence South 26 rods thence East 7 rods thence North 26 rods to the beginning point and situate in the City of Springfield in Greene County, Missouri, said petition further states that the purchase money of said land has been paid and valuable and lasting improvements made on said land by said Vogel under faith of said contract and said Vogel placed in possession of said land by said Defendant that Plaintiff has purchased said land of said Vogel and received a Deed therefor and that Defendant has not complied with said contract Plaintiff pray the Court by its decree to vest the title of said land in Plaintiff and that unless be, the said Thomas B. Morgan, Defendant be and appear at the next term of said Court to be holden at the Court House in Springfield in the County and State aforesaid on the 2nd Monday in July 1865 and on or before the 3rd day thereof if the term shall so long continue if not then before the end of the term and plead answer or demur to Plaintiff's petition the same will be taken as confessed. It is further ordered that a copy hereof be published in the Springfield Patriot, a newspaper published in this State for four weeks successively the last insertion thereof to be at least 4 weeks before the commencement of the next term of said Court.

p 11/12.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath or Bond
Isaac Sluder Defendant
Now at this day comes the Plaintiff by her attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant be fined fifty dollars for the commission of said offence and that the State of Missouri have and recover of and from the Defendant the sum of fifty dollars as well as costs in this behalf laid out and expended for which execution may issue and Defendant be given in custody of Sheriff till costs and fine are paid.

148
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 12.
State of Missouri Plaintiff
vs                                                   Grand Larceny
John Graham Defendant
Now at this day comes the Circuit attorney and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 1st day of August A.D. 1864 the Defendant entered into recognizance in the sum of $500 with J.F. Robinson, J.B.Robinson and Charles Robinson as his securities conditioned as follows that the said John H. Graham shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court at the Court House in said County on the first Monday in July A.D. 1865 then and there to answer to the State of Missouri an Indictment preferred against him by the Grand Jury of said County and not depart said County without leave and the said J.F. Robinson, J.B. Robinson and Charles Robinson being also thrice called and required to bring into Court the body of the said John Graham in obedience to their said recognizance came not but also made default. It is therefore considered by the Court that said recognizance be forfeited to the State of Missouri and that a scire facias be issued to the said John Graham, J.F. Robinson, J.B. Robinson and Charles Robinson requiring them to be and appear before the Honorable Judge of our Greene Circuit Court at the Court House in Springfield, Missouri at the next term of said Court which will commence on the second Monday in July 1865 and show cause if any they have judgment shall not be rendered against them for the said sum of $500 and costs of suit and execution issue therefor.

p 12/13
State of Missouri Plaintiff
vs                                                   No. 1 Selling Liquor Without License
James Long Defendant
and
State of Missouri Plaintiff
vs                                                   No. 2 Selling Liquor Without License
James Long Defendant
and
State of Missouri Plaintiff
vs                                                   No. 3 Selling Liquor Without License
James Long Defendant
//all causes continued//

State of Missouri Plaintiff
vs                                                   No.1 Selling Liquor Without Oath and Bond
John Long Defendant
and
State of Missouri Plaintiff
vs                                                   No.2 Selling Liquor Without Oath and Bond
John Long Defendant
//Causes continued//

p 13.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
& Selling Liquor Without Oath and Bond
William Stubblefield Defendant
(causes continued)

149
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 13.
A. Beckerdite Plaintiff
vs                                                   Civil Action
R.B. Womack Defendant
Now at this day comes the Plaintiff by attorney and this cause having been dismissed by Plaintiff, in vacation, leave is given to withdraw the execution issued by the Justice in this cause.

p 14.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
P.M. Jaggard/or Jaccard Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is not guilty in manner and form as charged in the Indictment and both parties having announced ready for trial thereupon comes a Jury viz W.H. Boren, John H. Caynor Jr, M. Brewer, Charles P. Clark, James H. McCluer, E.O. Kincade, L.C. Faught, Thomas Yeakley, J. McElhaney, W.H. Henslee, Jonathan Gott, Thomas Fay, twelve good and lawful men who having taken and subscribed the oath prescribed by the convention were duly sworn to try the issue whereupon the Circuit Attorney says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant be discharged hereof and go hence without day and a fee bill issue in this cause.

Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge

January 4th 1865
Court met pursuant to adjournment. Present same as on yesterday.

p 15
Motions filed

J. Hunt vs Washington Wallace -- Civil Action

James S. Norfleet vs Branham H. Woodson -- Civil Action

State of Missouri vs James Hayse -- Selling Liquor Without Oath and Bond, Court overrules new trial.

Woody Michell & Co vs J W D L F Mack -- Civil Action

State of Missouri exrelatione

James F. Harain vs John A. Patterson -- Writ Quo Warrento

State of Missouri Plaintiff
vs                                                   Auctioneering Without License
James Baker Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he is not willing to further prosecute this cause but suffers the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant be discharged and go hence without day and that a fee bill issue in this cause.

Jacob Garton & William D. Sparkman Plaintiffs
vs                                                   Civil Action
J.W. Rainey Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court files interrogatories to J.B. Rose and R.A.M. Rose garnishee in this cause.

150
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
January 14th 1865.
p 16.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Phil Doer Defendant
Now at this day comes Phil Doer as principal and James Long as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Phil Doer who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court from day to day this term and answer said Indictment and not depart said Court without leave.

p 17.
State of Missouri Plaintiff
vs                                                   Grand Larceny
James Blades Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the indictment and both Plaintiff and Defendant having announced ready for trial there upon comes a Jury viz E.O. Kincaid, W.H. Breeden, T. Carter, Wesley Matherly, David Cayman, W.F. Dunn, Willis Perryman, J.A. Murray, J.F. Wade, B. Henslee, A.T. Budlong, P.G. Perkins, twelve good and lawful men who having been duly elected tried and sworn and having taken and subscribed the oath prescribed by the convention and having heard the evidence and the arguments of the Counsel and received the instructions of the Court retired to consider of their verdict. Upon returning into Court and say they cannot agree upon their verdict whereupon the Court orders the Sheriff to provide a room for the Jury and keep said Jury together until the further order of the Court.

p 18.
At this day comes George W. Cooper who has been summoned as a Grand Juror and by order of Court is duly sworn as a Grand Juror and takes the loyalty oath and retiring to consider of his presentments with the other Grand Jurors. Thereupon T.F. Mason is discharged from further service as a Grand Juror.

And again comes the Grand Jury into Court and by their foreman in the presence of the other members of the Jury return into Court one true bill of indictment for Grand Larceny which is ordered to be filed and a capias writ issued thereupon.

Ordered by the Court that Court stand adjourned until 9 o'clock tomorrow morning.
John S. Waddill Circuit Judge

January 5th 1865.
Court met pursuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs
Austin Mills Defendant
Now at this day comes to be heard the motion heretofore filed to quash the Indictment all and singular the petition being seen and fully understood by the Court said motion is by the Court sustained and said Mills is to remain under his recognizance until further orders.

151
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
January 5th 1865.

p 18/19.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Nathan Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant in his own proper person and by attorney and by leave of Court this cause is continued till next term of this Court as on affidavit.

p 19.
At this day comes L.J. Sewell who has been summoned as a Grand Juror and by order of Court is duly sworn as a Grand Juror and takes the loyalty oath and retires to consider of his presentments with the other Grand Jurors.

State of Missouri Plaintiff
vs                                                   Grand Larceny
James Blades Defendant
Now at this day again comes the Jury and the Circuit Attorney also and the Defendant in his own proper person and by attorney and the Jury having wholly failed to agree is by the Court discharged.

Now at this day on motion of James H. Shaw, William H. McAdams is permitted to sign the Roll of Attorneys.

State of Missouri Plaintiff
vs                                                   Bigamy
Thomas G. Martin Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the Indictment. Both parties having announced ready for trial thereupon comes a Jury viz M.H. Boren, D.R. Riggs, A.A. West, N.M. Rountree, Charles Clark, F. Evans, Levi C. Faught, E.L. Weaver, William N. Armstrong, B.F. Plumer, Joseph E. Winfield and A.M. Appleby, twelve good and lawful men who having taken and subscribed the oath prescribed by the convention were duly elect ed tried and sworn to try the issue, and after having heard the evidence and received the instructions of the Court retired to consider of their verdict and upon returning into Court through their foreman returned the following verdict viz "We the Jury find Defendant not guilty, W.H. Boren, foreman."It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant be discharged hereof and go hence without day and a fee bill issue in this cause.

p 20.
Now at this day comes the Grand Jury into Open Court and through their foreman in the presence of the Jury returned into Court the following Indictments

State of Missouri vs _______ disturbing the peace of a family
State of Missouri vs _______ Grand Larceny
Which Indictments were ordered by the Court to be filed and Capias issued thereon returnable at the next term of this Court which is accordingly done.

State of Missouri Plaintiff
vs                                                   Felonious Assault
C.B. Henslee Defendant
Now at this day comes Noah Atkins, Mary A. Atkins, Margaret Dunn, John Dunn and M.J. Bradley and acknowledge themselves each to owe and stand indebted to the State of
(continued)

152
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1965
p 20 (cont)
Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said Noah Atkins, Mary A. Atkins, Margaret Dunn, John Dunn and M.J. Bradley be and appear on the first day of the next term of this Court which will commence on the second Monday in July 1865 then and there to testify and the truth to speak in a cause now pending wherein the State of Missouri is Plaintiff and C.B. Henslee is Defendant for a Felonious Assault.

State of Missouri Plaintiff
vs                                                   Disturbing the Peace of a Family
C.B. Henslee Plaintiff
Now at this day comes Noah Atkins, Mary A. Atkins, Margaret Dunn, John Dunn and M.J. Bradley and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said Noah Atkins, Mary A. Atkins, Margaret Dunn, John Dunn and M.J. Bradley be and appear on the first day of the next term of this Court which will commence on the second Monday in July 1865 then and there
to testify and the truth to speak in a cause now pending wherein the State of Missouri is Plaintiff and C.B. Henslee is Defendant for a Felonious Assault.

p 21.
Ordered by the Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge

Friday January 6th 1865.
Court met pursuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs                                                   Gaming
Samuel Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the Indictment and both parties having announced ready for trial and parties having waived the necessity of a Jury this cause is tried before the Court sitting as a Jury and after hearing the testimony produced both by Plaintiff and Defendant and all and singular the premises being seen and fully understood by the Court, the Court doth find the Defendant guilty as charged in the Indictment and assess his fine of $10 for the commission of the offence. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant her said fine of $10 and also her costs laid out and expended for which execution may issue and that Defendant remain in custody of Sheriff until fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   Gaming
E. Coker Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the Indictment and both parties having announced ready for trial and parties having waived the necessity of a Jury this cause is tried before the Court sitting as a Jury and after hearing the evidence produced of both Plaintiff and Defendant all and singular the premises being seen and fully understood by the Court the Court doth find the Defendant guilty and assess his fine at $10 for the commission of the offence. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant her said fine of $10 and also her costs laid out and expended for which execution may issue and that Defendant remain in custody of Sheriff until fine and costs are fully paid.

153
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
January 6th 1865
p 23.
Following causes continued

State of Missouri vs Alfred Davidson -- #1 Grand Larceny
State of Missouri vs Alfred Davidson -- #2 Grand Larceny
State of Missouri vs Alfred Davidson -- #3 Grand Larceny

Benjamin T. Potter & Sally Potter, his wife
Sowell Adams, Andrew J. Nichols and Nancy A. Nichols his wife
Caswell S. Williams and Martha Williams his wife
Rezin McMinn and Susanah McMinn his wife
John W. Adams, Martha J. Martin by
Andrew J. Nichols her guardian
Bentley Martin, minor, by Andrew J. Nichols
his guardian, James Stanfield and Francis
Stanfield his wife Plaintiffs
against                                                   Civil Action
Thadeus Sharpenstein and Jane M. Adams, executors
of John Adams, deceased
Mary J. Adams, minor, Julian Adams, minor,
Wilson T. Adams, minor, Henderson Dingles and
Sally Dingles, his wife
John Adams, minor, Rhoda J. Adams, minor,
Solomon Adams, minor & Benjamin Adams Defendants

Now at this day comes Rezin McMinn one of the Plaintiffs in the above entitled cause and by leave of the Court files his petition praying for a commission to take the depositions and perpetuate the testimony and remembrance of J.J. Phillips, Thomas Tiller, John H. Aiken, Moses Callison, Joseph Cavin, James Derrick, Dr Christopher Wallace, Dr David W. Bryant and William Ezell witnesses on the part of Plaintiff in the above entitled cause which petition is by the Court granted and a commission ordered to issue,

p 24.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
S.Loupris Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and Hervey C. Young offered to appear for the Defendant and the Defendant being thrice called comes not but makes default and it appearing to the satisfaction of the Court that on the 28th day of February 1863 the Defendant entered into recognizance in the sum of one hundred dollars with W.F. Bodenhamer as his security conditioned that the said S. Loupris shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court at the Court House in said County on the first Monday in August 1863 then and there to answer to the State of Missouri an Indictment preferred against him by the Grand Jury of said County and not depart said Court without leave and the said W.F. Bodenhamer being also thrice called and required to bring into Court the body of said S. Loupris in obedience to his said recognizance came not but also made default. It is therefore considered by the Court that the said recognizance be forfeited to the State of Missouri and that a scire facias be issued to the said S. Loupris and W.F. Bodenhamer requiring them to be and appear before the Honorable Judge of our Greene Circuit Court at the Court House in Springfield, Missouri, at the next term of said Court which commences on the second Monday in July 1865 and show cause if any they have why judgment shall not be rendered against them for the said sum of one hundred dollars and cost of Suit and execution issue therefor.

154
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 24.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Ephraim Daniels Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says he is not willing to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant go hence without day and that a fee bill issue in this cause.

p 25.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Ephraim Daniels Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in person and by attorney who for a plea says he is not guilty and of this he puts himself upon the Country wherefore comes a Jury viz F. Mack, A.M. Appleby, F.M. Watson, J. Wegner, J.S. Mcquerter, T.B. Hotians, W.H. Henslee, J.M. Forester, F. Clarkson, Z. Roberts, G.W. House and J.L. Gardner, twelve good and lawful men who being elected tried and sworn to try the issue joined and having taken the oath prescribed by ordinance of the convention and having heard the evidence and received the instructions of the Court retired to consider of their verdict and on returning into Court through their foreman returned the following verdict "We the Jury find the Defendant not guilty. Z. Roberts, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that the Defendant be discharged hereof and go hence without day and that a fee bill issue in this cause.

p 25/26.
And again comes the Grand Jury into Court and by their foreman in the presence of the other members of the Grand Jury return into Court the following Indictmentsviz

State of Missouri vs J.O. -- Gaming
State of Missouri vs D.T. -- Gaming
State of Missouri vs S. H.W. -- Keeping Gaming House
State of Missouri vs W. A.K. -- Selling Liquor Without Oath and Bond
State of Missouri vs L U -- Selling Liquor Without Oath and Bond
State of Missouri vs D. M. -- Selling Liquor Without Oath and Bond
State of Missouri vs W.E. -- Selling Liquor Without Oath and Bond
State of Missouri vs J.H. -- Selling Liquor Without Oath and Bond
State of Missouri vs J.M. -- Selling Liquor Without Oath and Bond
State of Missouri vs T.S. -- Selling Liquor Without Oath and Bond
State of Missouri vs W. H.W. -- Selling Liquor Without Oath and Bond.

Which indictments were ordered by the Court to be filed and capiases issued thereon returnable instanter, which is accordingly done.

p 26.
Motions filed

Z. Roberts vs Thomas Stepp -- Civil Action

James Hayse and D.O. Gorman vs John McElhaney -- Civil Action

R & H.B. Whittemon vs S.H. Boyd -- Civil Action

155
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
January Term 1865
p 27.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Thomas Jessup Defendant
Now at this day comes the Prosecuting Attorney on behalf of the State and the Defendant in his own proper person and by attorney and for a plea says he is not guilty in manner and form as charged in the Indictment and both parties having announced ready for trial thereupon comes a Jury viz J.H. Doran, Z.M. Rountree, William Massey, Henry Westmoreland, S.B. Rainey, S.J. Gott, Joseph Hursh, J.H. McCleur, J.B. Cox, L.A. Roberson, J.B. Roberson and W.F. Dunn, twelve good and lawful men who having taken and subscribed the oath prescribed by the convention were duly elect ed tried and sworn to try the issue and having heard the evidence and received the instructions of the Court retired to consider of their verdict and upon returning into Court through their foreman in the presence of the Jury returned the following verdict viz "We the Jury find the Defendant not guilty as charged in the Indictment (signed) Z.M. Rountree, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her Writ and
that Defendant be discharged hereof and go hence without day and a fee bill issue in this cause.

Ordered by the Court that Court adjourn till tomorrow morning 9 o'clock.
John S. Waddill Circuit Judge

Saturday January 7th 1865
Court met pursuant to adjournment. Present as on yesterday.

p 28.
Now at this day it is ordered by the Court that the time for pleading be extended to Tuesday 12 o'clock in all cases where the time expires on the 6th day of this term.

Joseph Moss, surviving partner of the
firm of J.S. Moss & Co (a firm composed
of J.S. Moss and Daniel D. Berry,
now deceased Plaintiff
vs                                                   Civil Action
Francis H. Dysart 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 personal service more than 15 days before the first day of the present term of this Court and having wholly failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by Defendant for direct payment of money whereby the amount is ascertained, the Court doth find on an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $212.84 debt and $106.70 damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from the Defendant his said debt and damage and also costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.

p 28/29.
And again comes the Grand Jury into Court and by their foreman and in the presence of the other members of the Grand Jury return into Court the following indictments

State of Missouri Plaintiff
vs                                                   Keeping Gaming House
J. A.P. Defendants
(continued)

156

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
January 7th
p 28/29 continued.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
J. & H.M.B. Defendants

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
M. & D.S. Defendants

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
W. & P. Defendants

State of Missouri Plaintiff
vs                                                   Gaming
M.& B. Defendants

State of Missouri Plaintiff
vs                                                   Gaming
D. & T. Defendants

State of Missouri Plaintiff
vs                                                   Gaming
J. & C. Defendants

State of Missouri Plaintiff
vs                                                   Betting on Election
D. & C.D. Defendants

State of Missouri Plaintiff
vs                                                   Grand Larceny
C.L. & J.B. Defendants

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
D.O.G. & C.C. Defendants

State of Missouri Plaintiff
vs                                                   Grand Larceny
P. B. & J. L.H. Defendants

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
E. & D. Defendants

State of Missouri Plaintiff
vs                                                   Gaming
S. & W. Defendants

State of Missouri Plaintiff
vs                                                   Betting on Election
J. & B.C. Defendants
(cont)

157
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
JANUARY 7th
p 28/29 continued.
Which Indictments were ordered by the Court to be filed and capiases issued thereon returnable instanter.

p 29/30.
Pleasant Henderson Plaintiff
vs                                                   Civil Action
Andrew J. Klepper Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court from a Sheriff's Return that the said Defendant had been duly notified of the pendency of this suit by leavint a copy of Plaintiff's petition and writ at his usual place of abode in Greene County with a member of his family over the age of 15 years and having failed to answer plead or demur and herein remains wholly undefended and this action being founded on an instrment of writing signed by Defendant for the direct payment of money whereby the amount is ascertained the Court doth find from an examination of same that the Defendant is indebted to the Plaintiff in the sum of $282 debt and $217.76 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant his said debt and damage and also his costs laid out and expended and that execution may issue and that this Judgment bear 10% interest.

p 30.
State of Missouri Plaintiff
vs                                                   #1. Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in person and by attorney and for a plea says he is guilty as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $20 for the commitment of said offence and that the State of Missouri have and recover of and from Defendant the said sum of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be given in custody of Sheriff til fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in person and by attorney and for a plea says he is guilty as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $20 for the commitment of said offence and that the State of Missouri have and recover of and from Defendant the said sum of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be given in custody of Sheriff til fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   #3. Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant in person and by attorney and for a plea says he is guilty as charged in the Indictment. It is therefore considered by the Court that the Defendant be fined $20 for the commitment of said offence and that the State of Missouri have and recover of and from Defendant the said sum of $20 as well as costs in this behalf laid out and expended for which execution may issue and Defendant be given in custody of Sheriff til fine and costs are fully paid.

158

January Term Continued
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