Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

January Term 1866
Book G

First Day January Term.
p 451.
Be it remembered that at a Regular Term of the Circuit Court of Greene County, begun and held on the first Monday in January 1866 at the Court House in the City of Springfield, Greene County, Missouri, there was present:
The Honorable S.H. Boyd, Judge of the 14th Judicial Circuit in said County and State.
R.M. Ryan, Circuit Attorney for said Circuit
R.A.C. Mack, Clerk of said Court
John A. Patterson, Sheriff of Greene County
when and where the following proceedings were had, to wit:

Now at this day comes John A. Patterson, Sheriff of Greene County and returns into Court the following venire facias to constitute a Grand Jury viz James S. Vaughan, who was by the Court appointed foreman of said Grand Jury (1) J.L. Lewis C2) F.W. Sholton C3) James Keltner (4) Martin Alsup (5) L.L. Whitlock(6) John M. Bingham (7) Hugh Boyd (8) P. Garton (9) Nathan Phillips (10) Alsey Oneal (11) Jefferson Kinser (12) C.T. Drumrite (13) C.C. Turner (14) R.H. Williamson (15) John Harkness (16) George W. Dillard (17 Seventeen good and Lawful men, who having taken and subscribed the oath required by the Third Section of the Second Article of the Constitution of the State of Missouri and having sworn to well and truly enquire within and for the County of Greene and having received the charge and instructions of the Court, retire to consider of their presentments.

Now at this day comes M.F. Geiger, who having shown to the satisfaction of the Court that he has taken and subscribed the oath prescribed by the Constitution of the State of Missouri. It is ordered by the Court that he be permitted to sign the Roll of Attorneys.

Now at this day comes Samuel M. Keiland, who having shown to the satisfaction of the Court that he has taken and subscribed the oath prescribed by the Constitution of the State of Missouri. It is ordered by the Court that he be permitted to sign the Roll of Attorneys.

p 452.
Bank of Missouri Plaintiff
vs                                                   Civil Action
Joseph Burden Defendant
Now at this day comes the parties by their attorney and by leave of the Court this cause is dismissed at the cost of the Plaintiff and leave given said Plaintiff to withdraw the instrument sued on by leaving a certified copy of the same with the Clerk of the Circuit Court and that the Defendant retain possession of the papers he having settled for the same.

p 453.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of a Family
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant by attorney and by leave of Court files his affidavit alleging therein that the minds of the inhabitant of Greene County are so prejudicial against him that he could not have a fair trial in the Circuit Court of said County and asking for a Change of Venue in this cause to some other County in this Circuit. It is therefore
(continued)

1
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TFRM 1866
p 453 (continued)
ordered by the Court that a Change of Venue be awarded in this cause to the County of Wright in the State of Missouri and that the Clerk of this Court certify the same to the Circuit Court of Wright County as the Law directs.

State of Missouri Plaintiff
vs                                                   Recognizance
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant C.B. Henslee and W.F. Bodenhamer and B.W. Henslee who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their goods and chattels, lands and tenements to be void on condition that the said C.B. Henslee who has taken a Change of Venue in the above entitled cause to the Circuit Court of Wright County shall be and make his appearance before the Judge of the Circuit Court at the Court House in the town of Hartville in said County on the (_____left vacant)in1866 and answer to said indictment then this recognizance to be void otherwise to remain in full force.

453/454.
State of Missouri Plaintiff
vs                                                   Felonious assault - Recognizance
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on the behalf of the State and also the Defendant by attorney and by leave of Court files his affidavit alleging therein that the minds of the inhabitants of Greene County are so prejudicial against him that he could not have a fair trial in Circuit Court of said County and asking for a Change of Venue in this cause to some other County in this Circuit. It is therefore ordered by the Court that a Change of Venue be awarded in this cause to the County of Wright in the State of Missouri and that the Clerk of this Court certify the same to the Circuit Court of Wright County as the Law directs.

p 454.
State of Missouri Plaintiff
vs                                                   Recognizance
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also C.B. Henslee and W.F. Bodenhamer and B.W. Henslee and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their goods and chattels lands and tenements to be void on condition that the said C.B. Henslee who has taken a Change of Venue in the above cause to the Circuit Court of Wright County in the State of Missouri shall be and appear before the Judge of said Court at the Court House in the town of Hartville in said County on the _______ Monday in ________ 1866 and answer to said Indictment and not depart said Court without leave.

p 455.
W.R. Hendrick Plaintiff
vs                                                   Civil Action
J.M. Richardson Defendant
Now at this day comes the Plaintiff by his attorney and by leave of Court this cause is dismissed at his cost and it is ordered by the Court that the Plaintiff have leave granted to withdraw the original instrument sued on by leaving a certified copy of the same with the Clerk of this Court.

2
GREENE COUNTY, MISSOURI , CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 455.
State of Missouri Plaintiff
vs                                                   Indictment #27
Daniel O. Gorman Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will not further prosecute this cause. Where upon it is considered and adjudged by the Court that the Defendant be discharged hereof and go hence without day and that the said Plaintiff take nothing by her said suit and hat the Defendant have and recover of and from the State of Missouri his cost in this behalf laid out and expended and that a fee bill in this cause for the amount of said cost.

State of Missouri Plaintiff
vs                                                   Indictment #?
Moses Haight Defendant
Now at this day this cause coming on to be heard and the Court being fully advised of and concerning the premises. It is ordered by the Court for good and sufficient cause shown that said cause be stricken from the Docket and that a fee bill issue against the Plaintiff for the cost of said suit.

p 456.
State of Missouri Plaintiff
vs                                                   Indictment for Robbery #71
Henry Parberry Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and the Defendant by his attorney and on the motion of said Defendant and by leave of the Court this cause is continued until the next regular term of this Court.

Hiram Donica Plaintiff
vs                                                   Civil Action #272
A.N. Kelley Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his answer in this cause.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of a Family #37
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and Noah Adkins and Mrs. Adkins and Margaret Dunn who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $50 each to be levied of their goods and chattels, lands and tenements to be void on condition that the said Noah Adkins and Mrs. Adkins and Margaret Dunn be and make their personal appearance before the Judge of the Circuit Court of Wright County, Missouri, at the Court House in the town of Hartville in said County on the _____ day of _______ 1866 and then and there testify in the above entitled cause on behalf of the State of Missouri and not depart said Court without leave.

p 546/457.
State of Missouri Plaintiff
vs                                                   Felonious Assault #41
C.B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and Noah Adkins and Mrs. Adkins and Margaret Dunn who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $50 each to be levied of their
(continued)

3
GRFENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 546/547 (continued)
goods and chattels, lands and tenements to be void on condition that the said NoahAdkins and Mrs. Adkins and Margaret Dunn be and make their personal appearance before the Judge of the Circuit Court of Wright County, Missouri, at the Court House in the town of Hartville in said County on the _____ day of _____ 1866 and then and there testify in the above entitled cause on behalf of the State of Missouri and not depart said Court without leave.

p 547.
State of Missouri Plaintiff
vs                                                   Indictment #2
Nathan Andrews Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application it is ordered by the Court that an alias scira facias issue in this cause to George W. Andrews returnable to the next term of this Court and that an order of Publication be made in this cause to the Springfield Journal notifying the securities to appear at the next term of this Court and show cause if any why t he forfeiture of recognizance in this cause should not be made final.

State of Missouri Plaintiff
vs                                                   Grand Larceny #4
Black and Spence Defendants
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application and by leave of the Court this cause is continued generally as to "Black"and it is ordered by the Court that an alias capias issue for "Spence" returnable at the next regular term of this Court.

State of Missouri Plaintiff
vs                                                   Grand Larceny #5
Black and Spence Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application and by leave of the Court this cause is continued generally as to "Black"and it is ordered by the Court that an alias capias issue for "Spence" returnable at the next regular term of this Court.

State of Missouri Plaintiff
vs                                                   Grand Larceny #10
Black and Spence Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application and by leave of the Court this cause is continued generally as to "Black"and it is ordered by the Court that an alias capias issue for "Spence" returnable at the next regular term of this Court.

p 458.
It is ordered by the Court for good and sufficient cause shown that R.W. Winn be excused from serving as a Juryman and that the Sheriff summons another in his place and thisorder be made a part of record.

Now at this day comes John A. Patterson, Sheriff of Greene County and return into Court the following named persons to constitute a "Petit Jury" viz E.L. McElhaney, T.A. Mills, S.G. Appleby, J.P. Culbertson, Allen Edmonson, R.P. Whitlock, P.L. Anderson, B.R. Johnson, J.F.Foster, William Roberts, R.S. Gott, H.C. White, W.B. Gregory, S.H. Julian, G.W. Leathers, W.H. Graves, Albert Cargile, Lanson Lyman, Stephen Miller, W.F. Dunn, James H. McClure and it is ordered by the Court that they take and subscribe to the oath proscribed by the Constitution of the State of Missouri.

4
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 458.
It is ordered by the Court that all Attorneys filing any motion or any paper in any cause, civil or criminal, place thereon the proper Docket Number of said cause before filing said motion or paper.

Ordered that Court adjourn until tomorrow morning 9 o'clock. S.H. Boyd Circuit Judge.

Court met pursuant to adjournment. Present as yesterday.

It is ordered by the Court that S.H. Julian be sworn as a Grand Juror in place of
R.W. Winn.

Bank of Missouri Plaintiff
vs                                                   Interrogation filed
Thomas F. Layton et al Defendant
Now at this day comes the Plaintiff in the above entitled cause and by leave of Court files her interrogations in this cause.

George W. Vanlear Plaintiff
vs                                                   Civil Action #277
H. Jones admin Defendant
Now at this day comes the Defendant in the above entitled cause by his attorney and by leave of Court files his demurer to Plaintiff's petition in this cause.

p 459.
William A. Carr Plaintiff
vs                                                   Civil Action #17
George W. Johnson Defendant
Now at this time comes the Defendant by his attorney and by leave of Court files his answer in this cause.

State of Missouri Plaintiff
vs                                                   Indictment for selling Goods
Without License #45
Charles Jacobs Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant bv his attorney and by consent of Court and the agreement of parties this cause is continued until the regular July Term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License #46
Charles Jacobs Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant by his attorney and by consent of Court and the agreement of parties thjs cause is continued until the regular July Term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment
James Robinson, Charles
Robinson & J.F. Robinson Defendants
Now at this day comes the Defendants by their attorney, John S. Phelps, and by leave of Court files herein his motion to set aside and vacate the judgment heretofore rendered in this cause for irregularity in said judgment.

5
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 459.
Bank of State of Missouri Plaintiff
vs                                                   Civil Action #197
A.S. Layton & Thomas F. Layton
and Charles A. Haden Defendants
Now at this day comes the Plaintiff by her attorney and by leave of Court dismisses this cause as to A.S. Layton and Charles A. Haden.

p 459/460.
Bank of the State of Missouri Plaintiff
vs                                                   Civil Action #197
Thomas F. Layton Defendant
Now at this day this cause coming on for a final hearing and the Plaintiff and Defendant appearing by tbeir attorneys and it appearing to the satisfaction of the Court that the Defendant, T.F. Layton has been duly notified of the commencement of tbis suit by delivering to him a true copy of this Writ at least 20 days before the commencement of the present term of this Court and the necessity of a Jury having been waived and this cause being submitted to the Court, the Court sitting as a Jury doth find that the said cause is founded on an instrument of writing signed by said Defendant whereby said Defendant is indebted to the Plaintiff in the sum of $800 debt and also the sum of $232 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from said Defendant her said debt and damage and also her cost in this behalf laid out and expended and that she have an execution therefor.

Bank of State of Missouri Plaintiff
vs                                                   Civil Action #189
A.S. Layton & Thomas F. Layton
& Charles A. Haden Defendants
Now at this day comes the Plaintiff by her attorney in the above entitled cause and by leave of Court dismisses said cause as to A.S. Layton and Charles A. Haden.

p 460/461.
Bank of Missouri Plaintiff
vs                                                   Civil Action #189
Thomas S. Layton Defendant
Now at this day this cause coming on for a final hearing and the Plaintiff appearing by her attorney and this cause being submitted to the Court and the necessity of a Jury being waived, the Court sitting as a Jury find from an examination of the same that the Defendant Thomas F. Layton has been duly notified of the commencement of this suit as appears from the Sheriff's return to the Writ in this cause by delivering to him a true copy of the Writ at least twenty days before the first day of the present term of this Court and the Court further find from an examination of the same that the above entitled cause is founded on an instrument of writing signed by the Defendant whereby said Defendant is indebted to the Plaintiff in the sum of $1137.30 debt and also the sum of $380.95 for damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant her said debt and damage and also her said cost laid out and expended in this behalf and that she have an execution therefor.

Rest of page 461 motions and actions.

John C. Brown vs Eli G. Davis -- files his answer #281.
Irvin vs McGuire, A. Edmonson, -- garnishee files interrogations.
Nathan Robinson & Francis Robinson vs John F. Lewis -- files answer #304
(continued)

6
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 461.
James E. Winfield vs George C. See & George W. Cooper -- files answer#209
William Wooten vs William McClure -- Defendant files demurer #233
James W. Adcock vs J.H. Caynor et al -- Defendant files demurer #267

p 462.
John R. Cox vs John Ellis -- Defendant files answer #284
State of Missouri vs Isaac Hoff -- Defendant files motion to quash #38
Elihu Messick vs Faulkner & Julian -- Defendant files answer #77

State of Missouri Plaintiff
vs                                                   #38
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant who for a plea says he is not guilty and both parties having announced ready for trial thereupon comes a Jury viz P.L. Anderson, T.A. Mills, B.R. Johnson, Allen Edmonson, S.G. Appleby, R. Whitlock, John Lewis, H.C. White, John Foster, J.H. McClure, William Roberts, Eleazanus McElhaney, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined and having taken and subscribed to the oath prescribed by the Constitution of the State of Missouri and also having received the instructions of the Court return into Court the following verdict viz "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess his punishment at a fine of one hundred dollars." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Defendant her said fine of one hundred dollars and also her cost in this behalf laid out and expended and that she have an execution therefor and that said Defendant remain in custody of the Sheriff until fine and costs are paid.

p 463.
State of Missouri Plaintiff
vs                                                   Indictment #38
Isaac Hoff Defendant
Now at this day comes the Defendant in the above entitled cause and by leave of Court files his motion for a new trial in this cause.

State of Missouri Plaintiff
vs                                                   Indictment #38
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application it is ordered that an attachment issue in this cause for P.U. Jaccard a witness in the above cause on part of the State.

State of Missouri Plaintiff
vs                                                   Indictment
Isaac Hoff Defendant
Now at this day it appearing to the satisfaction of the Court that P.U. Jaccard, a witness on the part of the State, has been duly subpoenaed to appear at the present term of this Court on the first day thereof and testify in the above cause and having failed to appear at said Term of Court. It is therefore ordered by the Court that said P.U. Jaccard be fined the sum of fifteen dollars and all cost of the attachment heretofore issued against him, and that the State of Missouri have and recover of and from said P.U. Jaccard her said fine and costs and that she have an execution therefor.

7
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TFRM 1866
p 463.
Motions:
James J. Wilson vs Matthew Wilson -- Defendant files demurer #242
P.C. Roberts vs A.G. Leedy & A.H. Walker -- Walker files answer #225
State of Missouri vs Richard Clark -- Defendant files quash motion #128

p 464.
P.C. Roberts vs A.G. Leedy et al -- Defendants file answer #225
J.E. Winfield vs George C. Lee -- Defendant files ? #207
It is ordered by the Court that the Clerk of this Court attach all papers in any cause to their proper roll by Docket Numbers.

State of Missouri Plaintiff
vs                                                   Indictment #131
Richard Clark Defendant
Now at this day comes the Defendant by his attorney and on his affidavit this cause is continued until the next term of this Court and it is ordered by the Court that a subpoena issue in this cause for James Maupin, a witness on part of the State, returnable at the next term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment #131
Richard Clark Defendant
Now at this day comes the Defendant by his attorney and on his affidavit cause is continued until the next term of this Court and a subpoena ordered to issue for T.C. Piper a witness on the part of the State returnable at the next term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment #124
Richard Clark Defendant
Now at this day comes the Defendant in the above entitled cause by his attorney and on his affidavit and by leave of Court this cause is continued until the next term of this Court and a subpoena ordered to issue for S.B. Maupin returnable at the next term of this Court.

p 465.
Ordered by the Court that the time of pleading in cases of Bills, Bonds & Notes be extended until Friday morning next.

Now at this day it appearing to the satisfaction of the Court that William H. Hershner, John A. Lee, William Clibourn and _____Corrans has been duly summoned as Jurymen and they having failed to answer to their names when called, it is ordered by the Court that they be fined the sum of ten dollars each for contempt of Court and that an execution issue in behalf of the State of Missouri against each of them for said fines and also the costs in this behalf.

State of Missouri Plaintiff
vs                                                   Indictment
B.G. Sims Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and suggests the death of the Defendant in this cause. It is therefore ordered by the Court that said cause be stricken from the Docket and that the Plaintiff take nothing by her said suit and that a fee bill issue for the costs in the above entitled cause.

8
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 465/466.
State of Missouri Plaintiff
vs                                                   Forfeitures of Recognizance #49
Jerome J. Leeper, Henry C.
Young & B.W. Henslee Defendants
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and this cause coming on for a final hearing the Court doth find from an examination of the same that at the July Term of the Greene Circuit Court 1865 an alias scira facias was ordered to issue in this cause to Henry C. Young and Bedford W. Henslee, securities of the said Jerome J. Leeper, notifying them to be and appear on the first day of the present term of this Court and show cause if any why the forfeiture of recognizance entered in this cause should not be made final and the Court further finds from an examination of the Sheriff's return to said scira facias that the same was served on said H.C. Young and B.W. Henslee by reading the same to them in the presence of two witnesses and the said Young and Henslee having wholly failed to appear to show cause as aforesaid it is therefore considered and adjudged by the Court that the forfeiture of recognizance in this cause be made final and that the State of Missouri have and recover of and from said Henry C. Young and Bedford W. Henslee her said forfeiture of five hundred dollars and also her costs in this behalf laid out and expended and that she have an execution therefor.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Page Defendant
Now at this day comes the Defendant by attorney and files his petition showing that he is in custody of the Sheriff for nonpayment of fines and costs in the above entitled cause and prays to be permitted to take the benefit of the Act for the Relief of Insolvent Persons Confined on Criminal Process. Whereupon it is ordered that the Sheriff of Greene County bring said Defendant John Page before this Court on Friday the 5th of January that said petition be inquired into and such orders be made in the premises as may be deeined proper.

p 466/467.
James A. McCullah &
Granville Smith, executors of
estate John Smith, deceased Plaintiffs
vs
Benjamin C. Perkins Defendant
Now at this day comes the Plantiffs by their Attorney John M. Richardson and shows to the Court the property of the Defendant in this cause has been attached and that the Defendant had not appeared at the return term of the Writ and that the Sheriff had returned that said Defendant and could not be summoned and Plaintiff further showing to the Court that the Defendant in this cause is not a resident of the State of Missouri. It is therefore ordered by the Court that publication be made notifying said Defendant that an action has been commenced against him by petition and attachment in the Circuit Court of Greene County in the State of Missouri founded on a note for $300 dated 14th day of January 1860 payable 12 months after date. That his property has been attached and that unless he 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 3rd day thereof if the term shall so long continue and 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 and judgment rendered and his property sold to satisfy the same. It is further ordered that a copy hereof be published in the Springfield Journal, a newspaper published in this State for
(continued)

9
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 466/467 cont.
four weeks successively the last insertion thereof to be at least four weeks before the commencement of the next term of said Court.

Henry Matlock
vs                                                   Sheriff's Deed
David Garroutte
Now at this day comes Henry Matlock who is known to the Court as former Sheriff of Greene County and in Open Court acknowledges a Deed to the following described lands viz SW 1/4 NW 1/4 Section 35 Township 28 Range 22 to one David Garroutte and said Henry Matlock acknowledges that he executed and delivered said Deed for the use and purposes therein contained.

p 467/468.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
D.C. Brewster Defendant
Now at this day comes the Defendant by his attorney and files his petition showing that he is in custody of the Sheriff of Greene County for nonpayment of fines and costs in the above entitled cause and prays to be permitted to take the benefit of the Act For the Relief of Insolvent Persons Confined on Criminal Process. Whereupon it is ordered that the Sheriff of Greene County bring said D.C. Brewster before the Court on Friday the 5th of January and that his petition be inquired into and such orders be made in the premises as may be deemed proper.

p 468.
Ordered that Court adjourn until nine o'clock tomorrow. S.H. Boyd Circuit Judge

(3rd day of Term)
Wednesday January 3rd 1866.
Court met present as on yesterday.

Motions:
Nancy Hodges vs Orville Lyon -- Defendant files his answer
John McElhaney vs John R. Cox -- Defendant files his answer
State of Missouri vs Isaac Hoff -- Motion for new trial
John Nobblett vs Bothena Nobblett -- Motion to set aside Divorce Interlocutory
N.P. Murphy vs John T. Smith -- Defendant files demurer

p 469.
Elisha Headlee vs Z. Roberts et al -- Defendants file answer
F.A. Mills vs J.R. Douglass -- Defendant motion to dismiss appeal
Smith & McCullah admin vs Eli G. Parris et al -- Defendant files Answer
James F. Hardin vs Eli G. Parris & D.C. Dade -- Parris files separate answer.
William Kern vs Alexander Still -- D.W. Bryant files answer as Garnishee

State of Missouri Plaintiff
vs                                                   (#54) Indictment
Orville Lyon Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application this cause is continued until the next term of this Court and it is ordered by the Court that subpoenas issued for the States witnesses in this cause returnable to the next term of this Court (to Dade County)

10
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 470.
State of Missouri Plaintiff
vs                                                   (#63) Indictment
F.M. McDaniel Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application this cause is continued until the next term of this Court and it is ordered by the Court that subpoenas issued for the States witnesses in this cause returnable to the next term of this Court.

State of Missouri Plaintiff
vs                                                   (#64) Indictment
F.M. McDaniel Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and on his application this cause is continued until the next term of this Court and it is ordered by the Court that subpoenas issued for the States witnesses in this cause returnable to the next term of this Court.

Moses Hunter Plaintiff
vs                                                   (#49) Civil Action
M.C. CaIdwell & George Price Defendants
Now at this day comes the Defendants by their attorney and bv leave of Court files their motion to strike out the replication heretofore filed in this cause by the Plaintiff to the Defendant's answer in this cause.

State of Missouri Plaintiff
vs                                                   (#15) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and also the Defendant by his attorney and this cause is continued on the affidavit of the Defendant until the next regular term of this Court.

p 470/471.
State of Missouri Plaintiff
vs                                                   (#15) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State, and James W. Berry, Alfred Devine, Francis M. Holden, A. Long, who severally acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Circuit Court of Greene County Missouri at the Court House in the city of Springfield in said County on the second Monday in July A.D. 1866 and then and there testify in the above entitled cause on the part of the State and not depart said Court without leave.

p 471.
State of Missouri Plaintiff
vs                                                   (#15) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his application it is ordered that subpoenas issue in the above cause for Adam Hall, F. Landers, J.C. Hulston, J.H. Dill and C. Compton, witnesses on behalf of the State and that they be directed to the Sheriff of Dade County and be made returnable to the next term of this Court.

11
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 471.
State of Missouri Plaintiff
vs                                                   (#16) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant by attorney and on the affidavit of the Defendant filed, this cause is continued until the July Term of this Court.

State of Missouri Plaintiff
vs                                                   (#16) Murder
N.H. Choat Defendant
Now at this day comes the Circuit Attorney who prosecutes and George W. Lewis, Williamson Bowles, Simon P. Terrell, Saniuel A. Harshbarger and Joseph Trimble who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in the town of Springfield in said County on the second Monday in July 1866 then and there to testify in the above cause in behalf of the State and not depart said Court without leave.

p 472.
J.J. Hankins Plaintiff
vs                                                   (#223) Civil Action
S.R. Hankins et al Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit and that the Defendants, W.T. Hankins, Anna L. Hankins and Susan M. Hankins are infants. It is therefore considered by the Court that H.L. Trantham be and he is hereby appointed "ad litem" for said infant minors and authorized to answer herein for said infants.

B.L.J. Ingram et al Plaintiff
vs                                                   Civil Action
S.P. Ingram et al Defendant
Now at this day comes the Plaintiffs by their attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified of the commencement of this suit and that the Defendants Sidney P. Ingram, Louisa Payne and Thomas Payne are infants. It is therefore considered by the Court that T.H. Sherwood be and is hereby appointed guardian "ad litem" for said infant minors and authorized to answer herein for said infants.

State of Missouri Plaintiff
vs                                                   (#137) Perjury
W.B. Stalie Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his motion to quash the Indictment in this cause.

State of Missouri Plaintiff
vs                                                   Grand Larceny
J. Wills Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and on affidavit of the Defendant this cause is continued until the next term of this Court.

12
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866
p 473.
W.F. Creizer Plaintiff
vs                                                   Civil Action
M. Hughes Defendant
Now at this day comes the Defendant by his attorney and by leave of Court files his answer in this cause.

State of Missouri Plaintiff
vs                                                   (#107) Indictment
Westlick and Hays Defendants
Now at this day comes the Circuit Attorney and on his application this cause is dismissed as to Hays and an alias capias ordered to issue for Westlick returnable at the next term of this Court.

William J. McDaniel Plaintiff
vs                                                   Civil Action
Samuel S. Vinton Defendant
Now at this day comes the Defendant by attorney and by leave of Court files interrogations in this cause to McElhaney and Jaggard and McDaniel.

State of Missouri Plaintiff
vs                                                   (#66) Manslaughter
G.W. Cooper Defendant
Now at this day comes the Circuit Attorney and also the Defendant by attorney and on affidavit of Defendant this cause is continued until the next term of this Court,

State of Missouri Plaintiff
vs                                                   (#66) Indictment
_________Owen Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State and says by leave of Court he will not further prosecute this cause. It is therefore considered and adjudged by the Court that the Defendant be discharged hereof and go hence without day, and that the State take nothing by her said suit and that a fee bill issue for the costs in this cause.

Isaac N. Wilson Plaintiff
vs                                                   Civil Action
Nimrod Ford, Joseph B. Love Defendants
Now at this day comes the Plaintiff in the above cause by his attorney and files interrogations to the Defendants in this cause John Irvins Garnishee.

p 474.
I.N. Wilson Plaintiff
vs
Nimrod Ford, J.B. Long Defendants
Now at this day comes John Ivins garnishee in this cause and by leave of Court files his answer to the interrogations filed in this cause and it is considered by the Court that said garnishee be allowed ten dollars for his answer in this behalf.

State of Missouri Plaintiff
vs                                                   (#14) Malicious Killing Cattle
Stephen Chandler & William Jones Defendants
Now at this day comes the Circuit Attorney and also the Defendants by attorney and by leave of Court this cause is continued as on affidavit of Defendant until the July Term of this Court.

13
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
P 464.
State of Missouri Plaintiff
vs                                                   (#14) Recognizance
Chandler & Jones Defendants
Now at this day comes the Circuit Attorney who prosecutes and H.C. White and John Foster who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in the city of Springfield in said County on the second Monday in July 1866 and testify in the above cause on behalf of the State and not depart said Court without leave.

State of Missouri vs Alfred Bigley (#6) Cause continued until next term.

p 474/475.
State of Missouri Plaintiff
vs                                                   (#6) Arson
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Janes S. Berry, Alfred Devine, Francis M. Holden, A. Long, who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in the city of Springfield in said County on the second Monday in July 1866 and testify in the above cause on behalf of the State and not depart said Court without leave.

p 475.
State of Missouri Plaintiff
vs                                                   (#7) Murder
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his affidavit this cause is continued until July Term 1866.

State of Missouri Plaintiff
vs                                                   (#7) Murder
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney and also C.S. Jacobs, Joseph Allison, William Stapp, Martha Sutton, William Bowles and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in the city of Springfield in said County on the second Monday in July 1866 and testify in the above cause on behalf of the State and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   (#8) Murder
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney and on his application this cause is continued until the July Term 1866 of this Court.

p 475/476.
State of Missouri Plaintiff
vs                                                   (#8) Murder
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney and also James Berry, Alfred Devine, F.M.(continued)

14
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JANUARY TERM 1866.
p 475/476 (cont.)
Holden, A. Long, Catherine Bigley, A. Hedgspeth, Martha Renfro, Margaret Allen, C. Wench, W. Carter, L.J. Stowell, E.J. Bigley, A. Bowles, W.E. Litterell, M. Bird, N. Hicks, M. Burnes, M.A. Hedgspeth, M.D. Merrick, D. Bowles, H. Bird, E. Hedgspeth, D.W. Scott, B.F. Moore, H. Preston, A.P. Simmons, Witnesses for defense who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the second Monday in July 1866 and testify in the above cause and not depart said Court without leave.

p 476.
State of Missouri Plaintiff
vs                                                   (#6,7,8) Murder and Arson
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his application it is ordered that a scira facias issue in each of the above numbered causes to Dade County, Missouri, against Joseph Allison, W.A. Stepp, William Bowles and C.S. Jacobs returnable to the next regular term of this Court.

State of Missouri Plaintiff
vs                                                   Murder
Alfred Bigley Defendant
Now at this day comes the Circuit Attorney and at his application it is ordered by the Court that subpoenas be issued in the above cause for A. Hall, F. Landers, S.C. Hulston, J.H. Dill and C. Compton State Witnesses in this cause returnable to the July Term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment
G.W. Hodges Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his affidavit this cause is continued until the regular July Term 1866 of this Court.

State of Missouri Plaintiff
vs                                                   Recognizance
G.W. Hodges Defendant
Now at this day comes the Circuit Attorney and Susan Barrett, George Washburn, James McCracken who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of one hundred dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the second Monday in july 1866 and testify in the above cause and not depart said Court without leave.

p 477.
Now at this day comes Otto Herring and files his petition in Open Court asking to be made a Naturalized Citizen of the United States. And the Court finds from an examination of said petition that the said Otto Herring is a native of Prussia and that he has been a resident of the United States for more than six years and for six years last past a resident of the State of Missouri and that he has been for more than one year in the Military Service of the United States and has an Honorable Discharge from said Service. It is therefore ordered by the Court that the said Otto Herring be admitted to all the rights and privileges of a natural born citizen of the United States on taking the oath required in such cases by Act of Congress.

15

January Term Continued
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