Abstract of Circuit Court Record Books 1833 - 1839

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1839
Book B

p 41. Monday Morning July 29th 1839. At a Circuit Court commenced and held at the Court House in the town of Springfield, Greene County, Missouri, on the first Monday after the fourth Monday in July 1839. Present: Hon. F.P. Wright Circuit Judge, Littleberry Hendrick Prosecuting Attorney, Thomas Horn Sheriff and C.D. Terrell Clerk.

Now at this Day the Clerk of the Greene Circuit Court exhibited in Open Court the bond of Thomas Horn taken in vacation of said Court as Sheriff of Greene County which was examined and approved by the Court.

The Sheriff of Greene County returns here into Court the writ of venire facias to him directed with a pannel 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 came as follows, to wit: Foreman William Parrish appointed. 1. William Stout 2. L. McGraw 3. S.H. Davis 4. Bennet Robinson 5. William Cawfield 6. Sam'l Green 7. David H. Bedell 8. T.H. Gibson 9. John Nash 10. Horrace Slow 11. Charles Poston 12. Wm. Chapman 13. Elisha Painter 14. Edward J.C. Moore 15. Thomas D. Childress 16. Lemuel Freeman 17. Kindred Rose. And the said Jury being sworn and having received a charge from the Court, retired from the bar to consider of their presentments.

State of Missouri Plaintiff
vs                                                             Indictment for Perjury
James Bowen Defendant
(Capias not served. Cause continued)

p 42.
State of Missouri Plaintiff
vs                                                             Indictment for Perjury
John Kinnon Defendant
(Defendant unable locate. Cause continued generally)

128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July 1839 Term
p 42.
State of Missouri Plaintiff
vs                                         Indictment for Auctioneering goods without a license
David O. George Defendant
(Circuit Attorney says he will no longer prosecute)

p 43.
State of Missouri Plaintiff
vs                                                        Indictment for selling liquor to Indians
R. J. McElhaney Defendant
Now at this day came the Prosecuting Attorney who prosecutes on behalf of the said State also the Defendant who being arrained upon his arrainment pled not guilty and for trial thereof put himself upon the Country and the Circuit Attorney does the like and thereupon came a Jury, to wit: Joseph Rountree, George R. Ramey, Joseph Merton, Gray Wills, Thomas J. Whitlock, Albert Patterson, Bryant Crow, Arch D. Payne, R. Davenport, Jesse Looney, John Sims and Joseph Simmons, twelve good and lawful men who being elected tried and sworn well and truly to tried and true deliverance make between the State of Missouri and the said R. McElhaney and returned in to Court with the following verdict "We the Jury find the Defendant not guilty in manner and form as charged in said indictment" therefore it is considered by the Court that the said Defendant go hence without a day.

State of Missouri Plaintiff
vs                                                        Indictment for selling liquor to Indians
R.J. McElhaney Defendant
(Circuit Attorney says no longer prosecute this cause)

p 44
State of Missouri Plaintiff
vs                                                          Indictment giving liquor to Indians
Wm. A. McElhaney Defendant
Now at this day came the Prosecuting Attorney on behalf of the said State also the Defendant who being arrained upon his arrainment pled not guilty and for trial thereof put himself upon the Country and the Circuit Attorney does like and thereupon came a Jury, to wit: James Lee, Larkin Paine, John Biggs, Thomas Hodges, John Burden, W.G. Townsend, Robert Forbus, Dixon Jeffries, Sam Dillard, J.C. Boone, D.T. Ralston and William Townsend, twelve good lawful men who being elected, tried and sworn well and truly to try and a true deliverance make between the state of Missouri and the said Wm. A. McElhaney and returned into Court here the following verdict "We the Jury find the Defendant not guilty in manner and form as charged in said Indictment", therefore, it is considered by the Court that the said Defendant go hence without a day.

John Cannefax
vs                                                             Trespass
Stephen D. Haley
(Motion ordered to be dismissed)

p 45
State of Missouri
vs                                         Indictment for assault with intent to wound, disfigure.
James Langston
(Defendant not found. Writ of alias capias awarded to Sheriff of Greene County)

State of Missouri
vs                                                        Indictment for selling liquor to Indians
J. Jones
Now at this day came the Prosecuting Attorney on behalf of the said State also the
(Continued)

129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July 1839 Term

p 45. (continued)
Defendant who being arrained upon his arrainment pled not guilty and for trial thereof put himself upon the Country and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Charles Hatler 1., Jacob Painter 2., Joel Philips 3., J.R. Sturdivant 4., John W. Wadlow 5., Joseph T. Morton 6., John W. Ball 7., Benjamin Harper 8., A.W.Moppin 9., James Reece 10., John W. Dagan 11., Wm Mitchell 12, twelve good and lawful men who being elected tried and sworn well and truly to try and a true deliverance make between the State of Missouri and the Said Joshua Jones and returned here into Court the following verdict "We the Jury find the Defendant not guilty in the manner and form as charged in said indictment" therefore it is considered by the Court that the said Defendant go hence without a day.

p 46.
State of Missouri Plaintiff
vs                                                             Indictment assault
A. Hollingsworth Defendant
(Cause ordered continued until next term of Court)

State of Missouri Plaintiff
vs                                                             Indictment
Jesse L. Alred
(Defendant not located. Alias Capias issued to Taney County)

State of Missouri Plaintiff
vs                                                          Indictment selling liquor to Indians
Joshua Jones
(Circuit Attorney says he will no longer prosecute. Defendant go hence without a day)

p 47.
Now at this day came Thomas Horn Sheriff of Greene County and offered Benjamin B. Snyder as his lawful Deputy which appointment was by the Court confirmed and he was sworn accordingly

State of Missouri Plaintiff
vs                                                             Indictment Assault and battery
L.A. Rountree Defendant
Now at this day came the prosecuting Attorney who prosecutes on behalf of the said Defendant who being arrained upon his arrainment pled not guilty and for trial thereof put himself upon the Country and the Circuit Attorney doth the like and thereupon came a Jury, to wit: J.W. Ball 1, Ben Harper 2, J.Painter 3, Joel Philips 4, J.R. Sturdivant 5, J.W. Wadlow 6, J. T. Morton 7, A.W. Moppin 8, James Reece 9, Wm Mitchell 10, C. Hatler 11, Elisha Headlee 12, twelve good and lawful men who being elected tried and sworn well and truly to try and a true deliverance make between the State of Missouri and the said L.A. Rountree and returned into Court the following verdice "We the Jury find the Defendant not guilty in manner and form as charged in said bill of indictment", therefore it is considered by the Court that the said Defendant go hence without a day. It is ordered by the Court that Ephraim M. Mossy who was attached as a witness in this cause show cause if any he have why a fine of $5 shall not be assessed against him for his referring and neglecting to attend as a witness in said cause according to the carirnand of the subpoena and that he have during the present term to do so.

p 48.
N.H. Stephenson Plaintiff
vs                                                             Trespass
Jesse Looney Defendant
(Plaintiff filed declaration in the above cause)

130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July 1839 Term

p 48.
Jason Frizzell Plaintiff
vs                                                             Slander
E.C. Simmons Defendant
(Plaintiff says no longer prosecute. Defendant recover expenses from Plaintiff)

J. Frizzell Plaintiff
vs                                                             Slander
Wm. Murrell Defendant
(Plaintiff says no longer prosecute. Defendant recover expenses from Plaintiff)

p 49.
Peter E. Blow Plaintiff
vs                                                    Petition in debt. Motion to quash the writ.
Carey and Perkins Defendants
(Court orders said writ be quashed. Leave given Plaintiff to withdraw the Instrument sued on)

C. Perkins Plaintiff
vs                                                            
Miles Carey
(Ordered said writ be quashed and leave given Plaintiff to withdraw the instrument sued on)

Tuesday morning July 30th 1839. Present as of yesterday.

State of Missouri Plaintiff
vs                                                Indictment for Auctioneering without a license
B.H. And J.C. Boone Defendants
(Above cause continued until next term. Unable to locate witness)

p 50.
John E. Stallings Plaintiff
vs                                                            
Alfred Skinner Defendant
(Defendant filed his plea)

Alfred Skinner Plaintiff
vs                                                            
J.E. Stallings Defendant
Now at this day came the Plaintiff by his attorney and says he will no longer prosecute the said and by motion by the Plaintiff leave is given him to withdraw the instrument sued on and it is considered by the Court that the said Defendant have and recover of the said Plaintiff his cost in this behalf laid out and expended for all which execution may issue.

State of Missouri Plaintiff
vs                                                             Indictment for an affray
J.H. Hawk and A.H. Paine
Now at this day came the said Defendants into open court and being inquired of how they will acquit themselves of the charges in the said indictment say they are guilty in manner and form as charged in said indictment therefore it is considered by the Court that they be fined the sum of one dollar each together with all costs in the said suit and that execution issue therefore.

131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July 1839 Term

p 50.
The Grand Jury came into Court and presented an indictment against Jesse Looney a true bill for maiming, wounding. And retired to consider of their duty.

p 51.
State of Missouri Plaintiff
vs                                                           Indictment for maiming, wounding
Jesse Looney Defendant
Now at this day came Jesse Looney the above named Defendant and Robert J. McElhaney his security and acknowledged themselves to owe and stand justly indebted unto the State of Missouri in the sum of $500 to be levied of their respective goods and chattles lands and tenements to be void however upon these conditions, that if the said Jesse Looney shall personally appear before the Judge ofGreene Circuit Court on the first day of our next term of said Court at the Court House in the town of Springfield then and there to answer to the above indictment preferred against him by the Grand Jury of the County of Greene and not depart the same then this recognizance to be void otherwise to remain in full force and effect.

Alfred Skinner Plaintiff
vs                                                            
John E. Stallings Defendant
(Plaintiff says he will no longer prosecute. Defendant recover expenses from Plaintiff)

p 51/52.
Jesse Lewis Plaintiff
vs                                                             Appeal from Justice
James Lee and William Reno Defendants
This day came the parties aforesaid by their respective attorneys and neither party requiring a Jury the cause is submitted to the Court and the Court after hearing the evidence do find that the said Defendants are indebted to the Plaintiff in the sum of $43.09. Therefore it is considered by the Court that the said Jesse Lewis have and recover of the said James Lee and William Reno and Alexander Lee their security in said Appeal bond the said sum of $43.09 for their debt and damages and that he recover his costs and charges in the Justice Court laid out and expended and that he have execution therefore and it is further considered by the Court (The Judgment of the Justice having been reduced) that the said Defendants have and recover of the said Jesse Lewis their costs and charges in their defense in this Court laid out and expended and that they have execution therefore.On motion it is ordered by the Court that Stephen H. Davis charged and sworn for the present term of the said Court as aGrand Juror for the body of the County of Greene be discharged from further service in consequence of sickness.

p 52.
C. Skinner Plaintiff
vs                                                             Petition in Debt
John E. Stallings Defendant
(Unable locate Defendant. Alias writ to Sheriff of Greene County issued)

Berry Harper Plaintiff
vs                                                             Appeal
D. Humphrey Defendant
(At Defendant request - cause continued until next Court term)

132
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1839

p 53.
Joseph Crutchfield Plaintiff
vs                                                             Appeal
Henry Collier Defendant
Now at thjs day came the Plaintiff by his attorney and filed his motion for a continuance in the above cause for reasons therein contained and all and singular the premises being understood by the Court it ordered that the same be continued until the next term of this Court and that the said Henry Collier have and recover his costs and charges at this term of the Court laid out and expended and that he have execution therefore.

William Dye Plaintiff
vs                                                             Appeal
H. Collier Defendant
Now at this day came the parties aforesaid by their respective attorneys and thereupon came a Jury, to wit: John Cannefax, N.H. Stephenson, James McCrackin, Wm. Mann, S.S. Ingram, R. Laugham, Britton Duke, Burrel Duke, Thomas J. Whitlock, William Gideon, James Harper and Martin Taylor, twelve good and lawful men who were duly elected tried and sworn and after hearing a part of the evidence by consent of the parties a Juror is withdrawn and the Jury are discharged and by consent of the parties it is agreed that Judgment be rendered in this cause as in cases of default with leave to said Defendant And it is agreed that the Court do assess the damages in this case and the Court do find that the said Defendant is indebted to the said Plaintiff in the sum of $50 for his debt and the further sum of $2.87 for his damages, therefore it is considered by the Court that the said Wm. Dye have and recover of the said Henry Collier his debt damages and cost for all which Execution may issue.
p 54. Wednesday morning July 31st 1839. Court met persuant to adjournment Present as of yesterday.

R.W. Hamilton
vs                                                            
Chatton Duke
(Defendant filed motion to quash above cause. Overruled)

A. Barnes Plaintiff
vs                                                             Petition in debt
Wm. Dye Defendant
Now at this day came the Defendant by his attorney and filed his motion to quash the said writ for reasons therein contained and all and singular the premises being heard and fully understood by the Court it is ordered that the said motion be sustained and on further motion leave is granted to withdraw the instrument on the above cause and that said suit be dismissed.

p 55.
James Moore Plaintiff
vs                                                             Trespass
Elisha Brown Defendant
(Leave granted Plaintiff to amend his declaration in above cause)

On a motion it is ordered by the Court that the fine imposed on Ephraim M. Massey be remitted by his paying the cost of the attachment issued against him.

J. Vaulx
vs                                                            
B.W. Cannefax
(Plaintiff and Defendant mutually agreed to continuance until next term of Court)

133
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July term 1839

p 56.
James McBride
vs                                                            
R.W. Crawford
(Cause ordered continued untill next term of Court)

Benjamin Cannefax Plaintiff
vs                                                             Action of trespass
Benjamin Chapman and Gray Wills Defendants
Now at this day came the parties aforesaid by their respective attorneys and thereupon also came a Jury, to wit: P.J. Howard, G.R. Ramey, William Kindell, William McCracken, J.C. Farmer, B.R. Elzy, William Degraffenreid, John Philips, Samuel Martin, T.J. Whitlock, W.A. McElhaney and Britton Duke, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined between the parties aforesaid and thereupon the said Plaintiff by his attorney saith he will not further prosecute his action aforesaid against him the said Defendant but voluntarily suffers the same to be discontinued. Therefore it is considered by the Court here that the said Plaintiff take nothing by his said writ and that the said Defendant go thereof without day and it is further cons idered that the said Benjamin Chapman and Gray Wills recover against the said Benjamin Cannefax their costs and charges by them about their defence in this behalf laid out and expended and that they have thereof execution. And on motion of the said Plaintiff by his attorney leave is given to said Plaintiff to move to set aside this non-suit.

p 57.
John S. Wills Appellee
vs                                                             Appeal action of Debt
John Edwards Appellant
Now at this day came the parties aforesaid by their respective attorneys and the said John Edwards by his attorney saith that he cannot deny but that he is indebted to the said John S. Wills in the sum of $53.27. Therefore it is considered that the said John S. Wjlls recover against the said John Edwards and Littleberry Hendricks his security in the appeal bond, the said sum of $53.27 confessed as aforesaid in form aforesaid and also his costs and charges by him about his suit in this behalf laid out and expended in this Court and the Justice Court and that he have thereof execution.

John S. Wills Appellee
vs                                                             Appeal Action of Debt
John Edwards Appellant
Now at this day came the parties aforesaid by their respective attorneys and the said John Edwards by his attorney saith that he cannot deny but that he is indebted to the said John S. Wills in the sum of $82.33. Therefore it is considered that the said John S. Wills recover against the said John Edwards and Littleberry Hendricks his security in the appeal bond, the said sum of $82.33 confessed as aforesaid in form aforesaid and also his costs and charges by him about his suit in this behalf laid out and expended in this Court and the Justice Court and that he have thereof execution.

p 58.
The Grand Jury return here into Court and by their foreman present to the Court here the following bills of indictment, to wit:

State of Missouri against Thomas Potter for not keeping the road in repair
Benjamin Harrison for an assault with intent to kill
Ephraim Massey for wounding, disfiguring, etc
Preston H. Simmons for Larceny.
And, having no further business before them, were by the Court discharged.

134
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July term 1839.

p 58.
Ordered that a capias be issued in all cases of indictments found at this term.

Nathaniel Herndon Plaintiff
vs                                                             Appeal Action of debt
James Lee and Charles A. Hayden
Now at this day came the parties aforesaid and their respective attorneys and thereupon and all and singular the premises being submitted to the Court which being seen and heard and by the Court here being fully understood it is considered that the Judgment of the Justice in this cause be affinned in all things relating to the same and that the said Nathaniel Henderson recover against the said James Lee and Charles A. Hayden the sum of $50 for his debt adjudged as aforesaid together with his costs and charges by him about the appeal aforesaid in this behalf laid out and expended and that he have thereof execution.

Henry W. Burrow Plaintiff
vs                                                             Appeal
Indidiah Landreth Defendant
(Defendant motion to rule the Plaintiff to Security for costs - Overruled)

p. 59.
Flournoy and Hickman Plaintiffs
vs                                                             Appeal action of debt
Benjamin M. Jewitt Defendant
Now at this day came the parties aforesaid by their respective attorneys and the said Plaintiffs by their attorney say they will not further prosecute their suit aforesaid against him the said Defendant but voluntarily suffer the same to be discontinued therefore it is considered by the Court here that the said Plaintiffs take nothing by their said writ and that the said Defendant go thereof without day and it is further considered that said Benjamin Jewett recover against the said Onas L. Flournoy and James Hickman his costs and charges by him about his defence in this behalf laid out and expended and that he have thereof execution and on motion of the said Plaintiff by their attorney leave is given them to withdraw the note filed in this cause.

Benjamin W. Cannefax and L.A. Rountree
vs                                                             Appeal
Levi Click
(On motion by Plaintiff cause continued to next term of Court)

p 60.
Isaac Cook Plaintiff
vs                                                             Appeal
Littlebury Hendrick Defendant
Now at this day came the parties aforesaid by their respective attorneys and the said Defendant saith that he cannot deny that he owes and stands justly indebted to the said Plaintiff in the sum of $60 but that he hath sustained damage by reason of the detention thereof. Therefore it is considered by the Court here that the said Isaac Cook recover against the said Littlebury Hendrick the sum of $60 for his debt confessed as aforesaid in form aforesaid and also the sum of $2.10 damages for the detention thereof together with his costs and charges by him about his suit in this behalf laid out and expended and that he have thereof execution.

p 60/61
Harris G. Joplin Plaintiff
vs                                                             assumpsit by attachment
Richard W. Hamilton Defendant
Now at this day came the parties aforesaid by their respective attorneys and the said Plaintiff saith he will abandon the second count in his declaration aforesaid and neither
(continued)

135
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1838

p 60/61 continued.
party requiring a Jury the cause is submitted to the Court. Whereupon all and singular the premises being seen and heard and by the Court here fully understood it is ascertained that the said Defendant did undertake and promise in manner and form as in above alledged against him and that the said Plaintiff hath sustained damage by reason of the non-performance of the said promises and undertakings and do assess the same to the sum of $145.10. Therefore it is considered by the Court here that Harris G. Joplin recover against the said Richard W. Hamilton the said sum of $145.10 damages aforesaid ascertained as aforesaid and also his costs and charges by him about his suit in this behalf laid out and expended and that he have thereof execution.

p 61.
Chatton Duke
vs                                                             assumpsit by attachment
Richard W. Hamilton
Now at this day came the parties aforesaid and neither party requiring a Jury the cause is submitted to the Court. Whereupon all and singular the premises being seen and heard and by the Court here fully understood it is ascertained that the said Defendant did undertake and promise in manner and form as in above alledged against him and that the said Plaintiff hath sustained damage by reason of the non-performance of the said promises and undertakings and do assess the same to the sum of $108.50. Therefore it is considered by the Court here that the said Chatton Duke recover against the said Richard W. Hamilton the said sum of $108.50 damages aforesaid and ascertained as aforesaid and also his costs and charges by him about his suit in this behalf laid out and expended
and that he have thereof execution.

p 61/62
Britton Duke
vs                                                             assumpsit by attachment
Richard W. Hamilton
Now at this day came the parties aforesaid by their respective attorneys and the said Defendant saith that he cannot deny that he did undertake and promise in manner and form as the said Plaintiff hath complained against him and but that he is justly indebted to the said Britton Duke in the sum of $67 for damages by him sustained. Therefore it is considered by the Court that the said Britton Duke have and recover of the said Richard W. Hamilton the aforesaid sum of $67 confessed and aforesaid for his damages together with his costs and charges in the behalf laid out and expended and that he have execution therefore.

p 62.
State of Missouri Plaintiff
vs                                                Indictment for selling goods without a License
Casebolt and Stallings Defendants
(Cause for Stallings continued until next term of Court)

Henry W. Burrows Plaintiff
vs                                                             Appeal for Justice
Judidiah Landreth Defendant
This day came the parties aforesaid by their respective attorneys and on the motion of the Defendant and for good cause shewn this cause is continued until next term of this Court that the said Plaintiff have and recover of the said Landreth his costs and charges in and about the prosecuting of said suit at this term of the Court laid out and expended and that he have execution therefore.

136
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1839

p 63.
William Dye Plaintiff
vs                                                             Appeal for Justice
Henry Collier Defendant
(Cause continued until next term of Court)

p 64. Thursday morning August 1st 1839. Court met persuant to adjournment. Present as of yesterday.

Flournoy and Hickman
vs                                                            
Gray Wills
(Cause ordered to be continued at next term of Court)

James Reese
vs                                                            
B.W. Cannefax
(Plaintiff filed replication and Demurer in above cause)

Joseph Crutchfield
vs                                                            
William Dye
(Plaintiff filed amended declaration. Cause continued to next Court term)

p 65.
R.W. Sims
vs                                                            
John McDaniel
(Plaintiff filed amended declaration. Cause continued until next court term)

Linley
vs                                                            
Graham
Now at this day came the Plaintiff in above cause by his attorney and filed his motion for an alias writ in the above cause which was ordered to be issued to the Sheriff of Polk County.

p 66.
Cheek
vs                                                            
Harrison
(cause ordered dismissed)

James Clemens
vs                                                            
S.V.T. Pulliam
(Cause ordered continued until next term of Court)

James Reese
vs                                                            
B.W. Cannefax
(Defendant filed demurer. Plaintiff withdrew said plea and filed amended plea)

John Holmes
vs                                                            
Terrell and Ball
(Defendants not ready. Cause continued)

137
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July 1839 term.

p 67.
B.W. Cannefax
vs                                                            
James Reese
(Plaintiff filed his replication. Cause continued until next Court term)

L. Hendrick
vs                                                             Bill of Chancery
D.B. Miller's heirs, to wit:
Eldridge B. Miller and Loanzia Miller and Joseph Weaver admin. of D.B. Miller, Deceased. It appearing to the satisfaction of the Court that the said Eldridge Miller and Loanzia Miller are minors and under the age of twentyone years it is ordered by the Court that John P. Campbell who in Open Court consents thereto be and he is hereby appointed guardian ad litem for the said Eldridge B. and the said Loanzia and upon motion of the Defendants by their attorney here is given the said Defendants to file their answer to said bill by serving a copy thereof upon the said complainant at least sixty days before the next term of this Court to which time the said cause is continued.

138

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