Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1838.

p 244.
At a Circuit Court began and held for the County of Greene in the State of Missouri at the Courthouse in the town of Springfield on the first Monday after the fourth Monday in July 1838, it being the 30th day of said month. Present: Honorable Foster P. Wright Circuit Judge, Cornelius D. Terrell Clerk and Chesley Cannifax Sheriff.

The Sheriff having returned the State venire for a Grand Jury for the body of the County of Greene. The Grand Jury was empannelled; William Parris was appointed foreman and took his oath as such and John Cannon, Solomon Cotner, William Gideon, James Gilmore, John Murry, John Richardson, Jesse H. Kelly, Edward Thompson, Noah Strong, John H. Gibson, George W. Reeves, Morris Mitchell, John Tare, Henry Collier, William Smith and Joseph Haden were sworn a Grand Jury for the said County and having received their charge
retired.

State of Missouri
vs                                                            
Dreury Upshaw, indicted for assault and battery,
unable to locate-cause continued generally.

p. 245
State of Missouri
vs                                                            
Randolph Britt, indicted for Murder,
cause continued until tomorrow.

State of Missouri
vs                                                            
Samuel B. Orr, indicted for gaming,
capias in the above cause not served. Continued generally.

p. 246
Tuesday Morning July 31, 1838. Court met - same officials present.

A.J. Friend Plaintiff
vs                                                            
Thomas Carroll and others Defendants
(motion by Defendants to strike from Docket - overruled)

Alvin Foster Plaintiff
vs                                                             Trespass
John Holcomb Defendant
(Special plea with Demurrer - Overruled)

Peter Epperson Plaintiff
vs                                                             Trespass
Joseph Rountree Defendant
(Stephen D. Hailey appointed Elizar in the above cause)

p 247.
Peter Apperson Plaintiff
vs                                                             Trespass
Joseph Rountree Defendant
And now this day came the parties in the above cause by their attorneys into open Court and said they were ready for trial and whereupon came the Jury, to wit:
(continued)

100
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. July Term 1858

p. 247 (cont)
James Reese, Alfred S. Bone, Richard C. Trice, Martin McDaniel, Andrew Simmons, John Morton, John Wills, William Stout, Benjamin Harper, Mangram Langston, William Diset and Thomas J. Whitley, who were elected, tried and sworn as a Jury in the above cause who having heard the evidence and the argument of council on both sides returned into Court the following verdict - We the Jury find the Defendant not guilty - thereforee it is considered by the Court here that the Defendant recover of the Plaintiff all costs in this suit expended for which an execution may issue.

This day came the Grand Jury and returned into Court here an Indictment against Randolph Britt for Murder signed by the foreman a true bill - also, an Indictment against Thompson for an assault and battery, signed by the foreman - a true bill also one against A.H. Payne for an assault and battery signed by the foreman not a true bill, and having no further business before them were discharged by the Court.

The Court dismissed cause - William Degraffenreid vs Wills and Looney - Trespass.

p. 248.
State of Missouri Plaintiff
vs                                                             Indictment for Murder
Randolph Britt Defendant
And now this day came the Defendant, Randolph Britt, into Open Court and Acknowledged to owe and stand Justly Indebted to the State of Missouri in the sum of five thousand dollars and William Townsend, Winford Townsend, Raglan M. Langston, Jackson Langston, Mangram Langston and John Sturdivant, his securities jointly and severally in the further sum of five thousand dollars to be levied to their respective goods and chattles land and tenements for the use of our said State of Missouri, yet to be void upon the conditions that the said Randolph Britt the above named Defendant shall personally appear on the first day of our next term of our said Court which commences on the first Monday after the fourth Monday in Noveember, next, at the Courthouse in the town of Springfield to answer a charge of our said State then and there to be exhibited against him and otherwise by the decisions of said Court and not depart the same without leave.

A. Keithley Plaintiff
vs                                                             Trespass on the Case
Solomon Willis Defendant
Now at this day came the Plaintiff by his attorney and asked leave of the Court to amend the declaration in the above cause and to him leave is granted and this cause is ordered to be continued to the next term of this Court at the cost of the Plaintiff.

P. 249
A.J. Friend
vs                                                             Trespass
Thomas Carroll and others.
(Plaintiff and attorney dismissed cause)

Alvin Foster Plaintiff
vs                                                             Trespass on the Case
John Holcomb Defendant
And now at this day came the parties into Open Court by their attorneys and said they were ready for trial and thereupon came a Jury, to wit: James Lee, Leeroy Adams, Elijah Wiley, Thomas Potter, Thomas Gilbreath, A.W. Muppin, Alexander McKinsie, George Cook, William McElhaney, Sidney S. Ingram, Wade Lipscomb and Dixon Jeffries who were elected tried and sworn as a Jury in the above case who after hearing part of the testimony in the above case, a further hearing of said case was postponed untill tomorrow morning 8 o'clock to which time the Court adjourns.

101
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book A. July Term 1858 p. 250

Wednesday Morning, August the 1st 1838. Present as of yesterday.

Alvin Foster Plaintiff
vs                                                             Trespass
John Holcomb Defendant
The Jury in the above cause being present according to the adjournment and meeting of the Court and the evidence being this day gone through with both sides, and argument of Counsel being heard on both sides, the Jury retired and returned into Court here that they could not agree and were accordingly dismissed by the Court.

James Clemens Jr
vs                                                            
Puliam
Defendant files motion to dismiss.

James Clemens Jr
vs                                                            
John W. Ball.
Writ not served. Ordered an alias writ issued returnable next term of Court.

p. 251
Benjamin Harper
vs                                                            
William Price Trespass
Plaintiff dismissed.

Joseph Burden Plaintiff
vs                                                             Petition and Summons
John D. Shannon, John P. Campbell
and Nicholas R. Smith Defendants
And now at this day came the Plaintiff by his attorney and the said Defendants being solemnly called, come not, but make default. Thereforee it is considered by the Court that the Plaintiff recover of the above Defendants the sum of five hundred dollars for his debt and fiftyfive dollars and fifty cents for damages together with all costs in said suit expended for which execution may issue.

p. 252
Benjamin Harper Plaintiff
vs                                                             Trespass
John Rennoe Trespass - Plaintiff filed Replication.

James Clemens Jr Plaintiff
vs                                                             Petition and Summons
Simpson Pulliam and James Pulliam
And now at this day comes the parties in the above cause and it appearing by their attorneys and the said motions being heard by the Court, it is considered by the Court that the said Plaintiff have leave to amend his writ by adding the words "on the case"
(continued)

102
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

P. 253 (cont.)

after trespass, 50 as to make it conform to the declaration and that the said motion to dismiss be overruled.

Simpson Pulliam and John Pulliam
vs                                                             Demurrer filed
James Clemens
(Court overruled demurrer)

p. 254
Peter Apperson Plaintiff
vs                                                            
Joseph Rountree
(Plaintiff motion for new trial - overruled)

T. Warren and James Warren Plaintiffs
vs                                                            
Henry Fulbright and E.R. Fulbright Defendants
And now at this day came the Plaintiff by his Counsel, and the Defendants being solemnly called, came not but made default. Wherefore it is considered by the Court that the Plaintiff in the above cause have a Judgment against the Defendants for the sum of two hundred eighty one dollars and twenty cents for his debt and two dollars and eighty one cents for his damages together with all costs for all of which execution may issue.

Alvin Foster
vs                                                             Trespass
John Holcomb
And now at this day came the Defendant and filed his motion to withdraw his Demurrer and file his plea in the above cause and all and singular the premises being known and understood by the Court, it is ordered that the said motion be sustained.
(Continued until next term of Court)

D. Merritt
vs                                                            
Benj. Kimberling
(Motion to dismiss - overruled)

p. 255
Lewis H. Scruggs
vs                                                             Fee bill filed
Greene County
And now this day came the said Lewis H. Scruggs and presented his claims against Greene County for house rent during this term of the said Court amounting to eighteen dollars which was examined by the Court and ordered to be certified to the County Court for allowance.

Dreury Merritt
vs                                                             Trespass
Kimberling
(Motion by Defendant to set aside Judgment. Overruled. Ordered by the Court to be continued next term)

C. Cannefax
vs                                                            
Greene County
(Fee bill for services rendered - amount not listed)

103
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book A. July term.

p 258.
Oliver D. Filly
vs                                                             Appeal from Justice
Patterson and Walls
And now at this day came the Appellant by his attorney and an Appeal having at a previous term of this Court been allowed to the Supreme Court of the State of Missouri and it appearing to the satisfaction of this Court that the Judgment of this Court has, by the Supreme Court been reversed annulled and for nothing esteemed, thereforee it is considered that the said Judgment of this Court be reversed annulled and for nothing esteemed and
that the said Appeal be dismissed and that the said Oliver D. Filly, the Appellant recover of the said Robert Patterson and Elias Walls his costs and charges by him about his said Appeal in this behalf laid out and expended and that he have execution thereforee.

Court adjourns until next term.

p. 259
At a Circuit Court commenced and held in the town of Springfield in the County of Greene and State of Missouri on the first Monday after the 4th Monday in November 1838. Present: Honorable Foster P. Wright Circuit Judge, Cornelius D. Terrell Clerk and Francis Leeper Sheriff.

The Sheriff of the County of Greene returns here into Court the writ of venire facias to him directed with a panel of Jurors thereon endorsed to serve as the Grand Inquest of the State of Missouri for the body of the County of Greene who being called come as follows, to wit: David Appleby, who by the Court is appointed foreman, Allen E. Goss, Hugh Leeper, William Dillard, William Burford, John McCall, Isaac Julian, James K. Alsop, Thomas Bails, Jeptha Wallis, William G. Tummons, Caleb Headlee, Thomas P. Hodges, Andrew Boss, Richard Steel, Jason Frizzel, Simon Hancock, James Thompson, Hosea Mullings, Christopher McElhannon, Robert Forbus and David Wallis and the said Jury being sworn and having received a charge from the Court, retired from the bar to consider of their presentments.

Ordered by the Court here that Robert W. Crawford be appointed Prosecuting Attorney on behalf of the State in the case of the State of Missouri against Randolph Britt and also in the case of the State against Edward Thompson it appearing to the Court that L.Hendrick, the prosecuting attorney engaged as Council in said cases.

State of Missouri
vs                                                             Indictment for Murder
Randolph Britt
(Court, after mature deliberation, continued cause until next term)

p 259/260.
State of Missouri
vs                                                             Indictment for assault and battery
Drewry Upshaw
(unable locate Defendant. Plurias capias directed to Taney County)

p 260.
State of Missouri vs Samuel B. Orr gaming .
(not found. no longer prosecute)

State of Missouri vs Randolph Britt Murder
(same indictment as on page 101)

104

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