Abstract of Circuit Court Record Books June 1864 - January 1865

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1865
Book G.

p 31.
State of Missouri Plaintiff
vs                                                   #4. 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                                                   #5. 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                                                   #6. 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.

p 31/32.
State of Missouri Plaintiff
vs                                                   #7. 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.

p 32.
State of Missouri Plaintiff
vs
W.H. Worrell Defendant
Now at this date comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant in person and by attorney and by consent of parties all the Suits against Defendant are continued until next term.

159
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865.
January 7th 1865.
p 32.
State of Missouri Plaintiff
vs                                                   Gaming
Eli J. Armstrong Defendant
Now at this day this cause is continued to next term of Court by consent of parties.

James Hayse & D.O. Gorman Plaintiffs
vs                                                   Civil Action
John McElhaney & W.F. Fisher Defendants
Now at this day comes on to be heard the demurer heretofore filed in this cause all and singular the premises being seen and fully understood said demurer is by the Courtoverruled.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Isaac Bradley Defendant
Now at this day this cause is continued by consent of parties to next term of Court.

John F. Layton Plaintiff
vs                                                   Civil Action
James Bailey Defendant
Now at this day comes the parties by attorneys and by leave of Court file their argument and this cause is dismissed per agreement.

Elizabeth C. Rice Plaintiff
vs                                                   Civil Action
John McElhannon Defendant
Now at this day comes the Plaintiff bv attorney and by leave of Court files her motion to strike out answer of Defendant in this cause.

p 33.
Jacob Garton and W.D. Sparkman Plaintiffs
vs                                                   Civil Action
J.W. Rainey Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the pendency of this suit by publication in the Missouri Patriot, a weekly newspaper published in this State,for four successive weeks the last insertion more than four weeks before the first day of the present term of this Court and having failed to plead answer or demur to petition
of Plaintiff the same is taken as true and it is considered and adjudged by the Court that Plaintiff have a Judgment Interlocutory by default and unless the same be set aside for cause shown by the sixth day of the next term of this Court that enquiry be had and this Judgment be made final.

State of Missouri ,
Now at this day leave is given by the Court to John S. Phelps to become security for D.C. Dade.

State of Missouri Plaintiff
vs                                                   Betting on An Election
D.C. Dade Defendant
Now at this day comes D.C. Dade as principal and John S. Phelps as security and acknowledge themselves 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 to be void
(continued)

160
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865
p 33 Continued.
on condition that the said D.C. Dade who stands indicted in the Circuit Court of Greene County for Betting on An Election shall be and make his personal appearance before the Judge of Our Greene Circuit Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 34.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
Chesley Cannefax Defendant
Now at this day comes Chesley Cannefax as principal and William Massey as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their respective goods and chattels lands and tenements to be void on condition that the said Chesley Cannefax who stands indicted in the Circuit Court of Greene County for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence and be holden at the Court House in Springfield on the second Monday in July 1865 and answer said Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Stephen Blackman Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant in person and by attorney and for a plea says he is not guilty as charged in the Bill of Indictment and both parties having announced ready for trial whereupon comes a Jury viz M.J. Rountree, A.M. Appleby, J.S. McQuerter, T.B. Holland, W.F. Dunn, F.S. Jones, J.L. Gardner, T.H. Massey, B. Willman, J.W. Jenkins, Thomas Fay and L.A. Shannon, twelve good and lawful men who being elect ed tried and sworn to try the issue and having taken the oath prescribed by ordinance of convention and having heard the evidence of both Plaintiff and Defendant and received the instructions of the Court return to consider of their verdict and on returning into Court present the following verdict viz "We the Jury find the Defendant not guilty as charged in the Indictment, N.J. Rountree, foreman." 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 a fee bill issue in this cause.

p 35.
State of Missouri Plaintiff
vs                                                   Betting on Election
John B. Cox Defendant
Now at this day comes John B. Cox as principal and John H. Caynor as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the Sumof $100 to be levied of their respective goods and chattels, lands and tenements to be void on condition that the said John B. Cox who stands Indicted in the Circuit Court of Greene County, Missouri, for Betting on Election shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

161
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 35/36.
Henry Sheppard & John S. Kimbrough Plaintiffs
vs                                                   Suit To Enforce Vender's Lien
Thomas D. Wooten Defendant
Now at this day comes on again to be heard the above entitled cause and the Defendant having failed to show cause at the last term of this Court should be set aside and said Defendant having failed to plead answer or demur to Plaintiff's petition and the court being satisfied from the proof that the Defendant has been duly notified by publication in the Springfield Journal, a weekly newspaper published in Greene County in said State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the last term of this Court and the Court being further satisfied from the proof that Defendant executed his two promissory notes to Plaintiffs for the following land and real estate lying and being situated in Springfield in Greene County, Missouri, to wit: a part of Lot No 37 in Block 9 beginning 18 feet from the SW corner of said Lot No 37, thence North 18 feet, thence East 40 feet, thence South 18 feet, thence West 40 feet to the place of beginning, and the Court being further satisfied that a Writ of Attachment issued in cause which was by the Sheriff of Greene County levied on one piece of the property of Defendant on the fourth day of June A.D. 1863 and the Court sitting as a Jury doth find from the proof that Defendant is indebted to Plaintiffs in the sum of $400 for their debt and the further sum of $197.33 for their damage due Plaintiffs by Defendant as the purchase money for the land and real estate herein before described. It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant the sum of $400 for their debt and the further sum of $197.33 for their damages and also their costs in this behalf laid out and expended that the land and real estate herein before described be sold, or so much thereof as is necessary to pay said debt, damages and cOSt and if the same be insufficient to pay the said that the property attached be sold and that execution issue in accordance with Judgment and that this Judgment bear 10% it being the amount mentioned in the notes.

p 36.
Thomas F. Layton, Fidelio S. Jones,
John S. Kimbrough & Henry Sheppard Plaintiffs
vs                                                   Civil Action
Blackston H. Bills Defendant
Now at this day comes on again to be heard the above entitled cause and the Defendant having failed to show cause why the interlocutory judgment heretofore rendered in this cause at the last term of this Court should be set aside and the said Defendant having failed to plead answer or demur to Plaintiff's petition and the Court being satisfied from the Sheriff's Return that the Defendant has been duly notified of the commencement of this suit by copy of writ and petition served upon him at least 15 days before the first day of the last term of this Court and being further satisfied from the proof that the Defendant executed his promissory not e to Plaintiffs for the sum of $165.12 dated January 1st 1861 bearing interest from date at the rate of 10% per annum to secure the payment of said note the Defendant executed his mortgage deed to Plaintiffs to the following described real estate situated in Greene County, Missouri. Viz Lot #21 in Joseph Gott's Addition to the City of Springfield, Greene County, Missouri, which mortgage was upon the following condition viz that whereas the said Blackston H. Bills has this day made executed and delivered to the said Layton Jones and Co. his Promissory Note as ab ove described shall pay said sum of money specified in said note and all interest thereon according to the tenor and effect of said note then this conveyance shall be void otherwise it shall be and remain in full force and virtue in Law. And the Court sitting as a Jury doth find from the proof that the Defendant is indebted to Plaintiffs in the sum of $132.02 debt and $57.50 damages due Plaintiffs by Defendant . It is therefore considered and adjudged by the Court that the Plaintiff
(continued)

162
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 36 (continued)
have and recover of and from the Defendant his said sum of $132.02 debt and $57.50 damages and also their costs laid out and expended in this behalf and that the Equity of Redemption of said Defendant be sold in and to said land and real estate heretofore described or so much thereof as is necessary to pay said debt, damage and costs for which a special fi fa may issue and this Judgment bear 10% interest per annum.

p 37/38
James Mills Plaintiff
vs                                                   Civil Action
Morris Black Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant appearing by attorney and this cause coming on to be heard the parties having waived the necessity of a Jury, this cause is tried before the Court sitting as a Jury. The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $77.50 debt and $26.20 damage and it appearing to the Court that a Writ of Attachment was issued from the Clerk's office of this Court on the fourth day of May 1861 and was by the Sheriff of Greene County, on the 16th day of May levied upon the following real estate viz Lot 4 in Block No 2 in Walnut Grove containing 69/100 acres being a part of the NE 1/4 Section 22 Township 31 Range 24 also the following personal property to wit a strawberry roan horse with bald face 9 years old found in the possession of S.J. Morris as the property of Morris Black. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said Sum of $77.50 debt and $26.20 damage and also his costs laid out and expended and that a special fi fa issue to sell the real estate and personal property attached or so much thereof as may be necessary to satisfy said debt, damage and costs.

p 38.
Presley C. Beal Plaintiff
vs                                                   Civil Action
John Smith Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant has been duly notified of the commencement of this suit by publication in the Missouri Patriot, a weekly newspaper published in this State for 4 successive weeks the last insertion at least 4 weeks before the 1st day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as true. It is considered by the Court that the Plaintiff have interlocutory judgment by default and unless the same be set aside for cause shown by the 6th day of the next term of this Court that inquiry be had and this Judgment be made final.

Sarah Neaves Plaintiff
vs                                                   Civil Action
Henderson Jones & William H. Frazier Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to William H. Frazier. And it appearing to the Court that the Defendant, Henderson Jones, has been duly served with personal service of the commencement of this suit at least 15 days before the 1st day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition the same is taken as true and this action being founded on an instrument of writing signed by Defendant for the direct payment of money whereby the amount of Defendant's indebtedness is ascertained. The Court doth find from an examination of same that Defendant is indebted to Plaintiff in the sum of $200 debt and $79.27 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant the said sum of $200 debt and $79.27 damage and also her costs laid out and expended for which execution may issue and this Judgment bear 10% interest.

163
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 38/39.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath or Bond
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says he is not willing to 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 said Writ and that Defendant be discharged and go hence without day and that a fee bill issue in this cause.

p 39.
Moses Hunter Plaintiff
vs                                                   Civil Action
William C Caldwell & George T. Price Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants have been duly notified of the commencement of this suit by a copy of petition and writ served on them personally at least 15 days before the first day of the present term of this Court and having failed to appear and plead answer or demur to petition of Plaintiff the same is taken as true and this action being founded on an instrument of writing signed by Defendants whereby the amount of indebtedness is ascertained the Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of $159,20 debt and $118.80 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $159.20 debt and $118.80 damage and also his costs in this behalf laid out and expended for which execution may issue and that this Judgment bear 10% interest.

State of Missouri Plaintiff
vs                                                   #1 Gaming
David Tutt Defendant
Now at this day comes David Tutt as principal and Frank Duffy as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied on their respective goods and chattels land and tenements to be void on condition that the said David Tutt who stands indicted in the Circuit Court of Greene County for Gaming shall be and make his personal appearance before the Judge of our Greene Circuit Court from day to day to answer said Bill of Indictment and not depart said Court without leave.

p 40.
State of Missouri Plaintiff
vs                                                   #2. Gaming
David Tutt Defendant
Now at this day comes David Tutt as principal and Frank Duffy as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied on their respective goods and chattels land and tenements to be void on condition that the said David Tutt who stands indicted in the Circuit Court of Greene County for Gaming shall be and make his personal appearance before the Judge of our Greene Circuit Court from day to day to answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Auctioneering Without License
H.R. Jarratt Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to quash the Indictment in this cause.

164
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1865.
p 40/41.
Elizabeth D. Campbell, admx of
estate of Leonidas C. Campbell
deceased Plaintiff
vs                                                   Civil Action
Marshal C. Murray Defendant
Now at this day comes on to be heard the above entitled cause and the Defendant having failed to show cause why the interlocutory Judgment heretofore rendered in this cause at the last term of this Court should be set aside and the said Defendant having failed to plead answer or demur to Petition of Plaintiff and the Court being satisfied from the proof that the Defendant has been duly notified by publication in the Springfield Missourian, a weekly newspaper published in Greene County in saidState of Missouri for four successive weeks the last insertion at least four weeks before the first day of the last term of this Court and the Court being further satisfied from the proof that Defendant executed his promissory note to Plaintiff for the sum of $661.14 dated January 7th 1860 bearing 10% per annum from date until paid and if the interest is not paid annually to become as principal and bear the same rate of interest to secure the payment of said note the Defendant executed a mortgage deed to Plaintiff to the following described real estate viz Lot No 1 NW fcl 1/4 Section 7 Township 29 Range 23, also Lot No 2 NW fcl 1/4 same Township and Range as above also E 1/2 Lot No 5 NW fcl 1/4 Section 5 and No 6 NW fcl 1/4 same Section Twp and Range which mortgage was upon the following conditions that if the said Marshal C. Murray shall well and truly pay the said note above described on or before the 7th day of January 1861 together with all interest that may accrue thereon then this and shall be void, otherwise to remain in full force and virtue, and the Court sitting as a Jury doth find from the proof that the Defendant is indebted to Plaintiff in the sum of $1080.12 debt and 60 cents damage due Plaintiff by Defendant. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Plaintiff the said sum of $1080.12 debt and 6 cents damage and also her costs in this behalf laid out and expended, that the Equity of Redemption of said Defendant be sold in and to said land and real estate heretofore described or so much thereof as is necessary to satisfy said debt, damage and costs for which a special fi fa may issue and this Judgment bear 10% interest.

p 41.
Following causes Continued to Next Term
Thomas Tiller, adm P.L. of estate of John Adams, deceased Plaintiff vs Jane M. Adams.
E. Holbrook Plaintiff vs Thomas Tiller Defendant -- Civil Action
L.B. Hall Plaintiff vs George H. Clark Defendant -- Civil Action
J.M. Carthall Plaintiff vs B.W. Cannefax Defendant -- Civil Action

p 42.
State of Missouri Plaintiff vs L. Ullman Defendant -- Selling Liquor Without License.
State of Missouri Plaintiff vs L. Ullman Defendant -- Selling Liquor Without License
State of Missouri Plaintiff vs L. Ullman Defendant -- Selling Liquor Without License.
State of Missouri Plaintiff vs W.F. Dunn Defendant

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
E.F. Robberson Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says he is not willing to further prosecute this suit but suffer the same to be
(continued)

165
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 42 (continued)
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.

p 42/43.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Charles Layton Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person as principal and R.J. McElhaney as security and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels lands and tenements but to be void on condition that the said Charles Layton shall be and make his personal appearance before the Honorable Judge of our Greene Circuit Court at the next term thereof which will be begun and held at the Court House in Springfield, Greene County, Missouri, on the second Monday in July 1865 and answer to an Indictment preferred against him by the Grand Jury of said County for Grand Larceny and not depart said Court without leave.

p 43.
State of Missouri Plaintiff
vs                                                   Working on Sunday
Dewitt Brewster 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, whereupon comes a Jury viz W.H. Burden, J.W. Peacher, F.M. Watson, Samuel Crenshaw, L.M. Hubble, P. Cantrell, F. Clarkson, J.S. Steele, T.R. Dodson, G.W. House, W.H. Lyman and J. Wagoner, twelve good and lawful men who being duly elected tried and sworn and having taken the oath prescribed by the convention heard the evidence produced by both Plaintiff and Defendant and received the instructions of Court, retired to consider of their verdict.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
J.F. Oneal & Phil Doer Defendants
Now at this day comes the Circuit Attorney and the Defendants in their own proper person and by attorney and for a plea say they are not guilty in manner and form as charged in the Indictment and both parties having agreed that the trial shall be had with nine jurors thereupon came a Jury viz W.B. Edwards, L.A. Robertson, S.F. Gibson, J.H. Gibson, R.P. Matthews, G.B. Phillips, J.M. Hall, J.M. Robertson and D. Clayman, Nine good and lawful men who having taken the oath prescribed by the convention were duly elected tried and sworn to try the issue and after hearing the evidence were by the Ccurt instructed to return a verdict as to Defendant Oneal as follows "We the Jury find the Defendant, J.F. Oneal, not guilty in manner and form as charged in the Indictment. W.B. Edwards, foreman." And after hearing the evidence of Defendant and Plaintiff and received the instructions of the Court retired to consider of their verdict. Upon returning into Court they, through their foreman, in the presence of the Jury, returned in to the Court the following verdict as to Defendant Doer viz "We the Jury find the Defendant guilty as charged in the Indictment and assess his fine at $50 signed W.B. Edwards, foreman."

p 44.
State of Missouri Plaintiff
vs                                                   Keeping Common Gaming House
J.F. Oneal Defendant
(continued)

166
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 44 (continued)
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 parties having agreed to try the issue with six men as Jurors whereupon comes a Jury viz J.H. Caynor, J.H. Doran, Henry Scholton, Jos Morris, J. Gott, W.H. Appleby, six good and lawful men who took the oath prescribed by the convention were duly elected tried and sworn to try the issue and a part of the evidence having been submitted the Jury is by the Court discharged until tomorrow morning 9 o'clock.

State of Missouri Plaintiff
vs                                                   Working on Sunday
Dewitt Brewster Defendant
Now at this day the Jury in this cause appears in open Court and having failed to agree on a verdict are by the Court discharged until tomorrow morning 9 o'clock.

Again came the Grand Jury into open Court and through their foreman in the presence of the Grand Jurors return into Open Court the following Bills of Indictment (Four Bills unidentified with names noted.)

p 45.
Following cases continued to next Court Term.

State of Missouri vs A. Fisher -- #1. Selling Liquor Without Oath and Bond
State of Missouri vs A. Fisher -- #2. Selling Liquor Without Oath and Bond
State of Missouri vs A. Fisher -- #3. Selling Liquor Without Oath and Bond
State of Missouri vs A. Fisher -- #4. Selling Liquor Without Oath and Bond
State of Missouri vs Kraft -- #1 Selling Goods Without License
State of Missouri vs Kraft -- #2 Selling Goods Without License
State of Missouri vs Kraft -- #3 Selling Goods Without License

p 46.
Ordered by Court that Court adjourn until tomorrow morning 9 o'clock.
John S. Waddill Court Judge

Tuesday January 10th 1865
Court met pursuant to adjournment. Present as on yesterday.

Motions filed:

State ex relatione J.F. Hardin vs John A. Patterson -- files answer

Charles Beardslee & brother vs Homer F. Fellows -- motion to strike out parts Dfd answer.

Robert H. Williams vs L.J. Morrow & S. Hall -- Cause Continued.

State of Missouri vs H.R. Jarrat -- files demurer

E.Rice vs John McElhannon -- Motion to strike out Defendants answer

p 47.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
Daniel Morton Defendant
Now at this day comes Daniel Morton as principal and Ellis as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum
(continued)

167
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 47. (cont)
of $250 to be levied of their respective goods and chattels lands and tenements to be void on condition that Daniel Morton who stands Indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of our Greene Circuit Court on the first day of the next term thereof which will be begun and held on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Working on Sunday
D.C. Brewster Defendant
Now at this day comes the Jury retired on yesterday into Open Court and through their foreman present the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment, L.M. Hubble, foreman." It is therefore considered and adjudged 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.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says he is not willing to further prosecute this cause but will 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 and go hence without day and that a fee bill issue in this cause.

State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and on his motion this cause is continued to next term of this Court.

State of Missouri Plaintiff
vs                                                   #4 Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and on his motion this cause is continued to next term of this Court.

p 48.
State of Missouri Plaintiff
vs                                                   #3 Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and on his motion this cause is continued to next term of this Court.

Charles Sheppard Plaintiff
vs                                                   Civil Action
Henry Sheppard, William B. Logan
and Horace Saunders Defendants
Now at this day comes the report of James F. Hardin Trustee heretofore filed to be considered and all and singular the matters and things therein contained being by the Court seen and fully understood said report is by the Court approved and upon the testimony of H.C. Young and J.H. Shaw as to value of services the said Hardin is by
(continued)

168
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JANUARY TERM 1864
p 48 (continued)
the Court allowed a fee of $200 to be returned by him out of the money belonging to said Church now in his hands and it is further considered by the Court that the balance of said money to wit $123.18 1/2 be held in the hands of said Hardin until the further order of this Court.

State of Missouri Plaintiff
vs                                                   #2. Keeping Gaming House
J.F. Oneal Defendant
Now at this day this cause progresses and the Jury having heard the balance of the evidence and received the instructions of the Court retired to consider of their verdict and on returning into Court present the following verdict "We the Jury find the Defendant guilty and assess fine at $20. J.H. Caynor, foreman." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendant the said fine of $20 and also her costs in this behalf laid out and expended for which execution may issue and that Defendant be given in charge of Sheriff till fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
J.F. Oneal Defendant
Now at this day this cause is continued by Defendant as on affidavit.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath and Bond
J.F. Oneal Defendant
Now at this day this cause is continued by Defendant as on affidavit.

p 49.
Following causes continued by Defendant as on affidavit

State of Missouri vs J.F. Oneal -- #2 Selling Liquor Without Oath and Bond
State of Missouri vs J.F. Oneal -- #3 Selling Liquor Without Oath and Bond
State of Missouri vs J.F. Oneal -- #4 Selling Liquor Without Oath and Bond
State of Missouri vs J.F. Oneal -- #1 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- #2 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- #3 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- #4 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- #5 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- #6 Keeping Common Gaming House
State of Missouri vs J.F. Oneal -- Gaming

p 50.
State of Missouri vs J.F. Oneal -- #1 Selling Liquor Without License
State of Missouri vs J.F. Oneal -- #2 Selling Liquor Without License
State of Missouri vs J.F. Oneal -- #3 Selling Liquor Without License
State of Missouri vs J.F. Oneal -- #4 Selling Liquor Without License

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands Indicted in the Greene
(continued)

169
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 49 (cont).
Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held on the second Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 50/51.
State of Missouri Plaintiff
vs                                                   #1. Selling Liquor Without Oath and Bond
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands Indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 51.
State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without Oath and Bond
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands Indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #3. Selling Liquor Without Oath and Bond
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 51/52.
State of Missouri Plaintiff
vs                                                   #4. Selling Liquor Without Oath and Bond
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene
(continued)

170
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 51/52 (cont)
Circuit Court for Selling Liquor Without Oath and Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 52.
State of Missouri Plaintiff
vs                                                   #1. Keeping Common Gaming House
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Keeping Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #3. Keeping Common Gaming House
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Keeping Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 53.
State of Missouri Plaintiff
vs                                                   #4. Keeping Common Gaming House
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Keeping Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #5. Keeping Common Gaming House
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Keeping Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof
(continued)

171
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1865
p 53 (cont)
which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #6. Keeping Common Gaming House
J.F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Keeping Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 54.
State of Missouri Plaintiff
vs                                                   Gaming
J. F. Oneal Defendant
Now at this day comes James F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at
the Court House in Springfield on the 2nd Monday in July 1865 and answer to said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #1. Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P,C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal 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 on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said Greene County Court for Selling Liquor Without License and not depart said Court without leave.

p 54/55.
State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without License
J.F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.C. Beal and H.H. Cunningham as securities and acknowledge themselves 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 to be void on condition that the said J.F. Oneal who stands indicted in Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will be begun and held at the Court House in Springfield on the 2nd Monday in July 1865 and answer an Indictment preferred against him by the Grand Jury of said Greene County Court for Selling Liquor Without License and not depart said Court without leave.

172

January Term Continued
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