Abstract of Circuit Court Record Books 1840 - 1845

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1841.
Book B.

p 170.
Monday morning July 19th AD 1841. At a Court commenced and held at the Court House in the town of Springfield in the County of Greene and the State of Missouri. Present - the Hon. Charles L. Yancey Judge, James H. McBride Prosecuting Attorney, Thomas Horn, Sheriff and Joshua Davis Clerk.

The Sheriff of Greene County returns here into Court the writ of venire facias to him directed with a pannell of Jurors thereon endorsed to serve as Grand Inquest of the State of Missouri for the body of the County of Greene Richard Steele who was by the Court appointed foreman, Wilson Clifton, Richard W. Roberson, Peter J. Hickman, John Bell, Samuel Downing, Joseph Deeds, William C. Johnson, John 0. Shepherd, John H. Smith, Presley Beal, Matthews Kelley, John Holcomb, Jacob Ramey, James Day - Said Jury being sworn received a charge from the Court retired from the Bar to consider of their presentments.

p 171.
State of Missouri Plaintiff
vs                                                   fine five dollars
Alfred S. Bone Defendant
This day came Alfred S. Bone in his own proper person who had a fine assessed against him at the March term of this Court for his non-attendance as a Juror at said March term in suit then and there pending wherein Jacob Tease is Plaintiff and Pharoah Cook Defendant and exhibited his excuse for his non-attendance which was deemed good and sufficient. It is ordered by the Court that said fine be remitted and that said Bone pay the costs in this behalf laid out and expended and that execution issue therefor.

State of Missouri
vs                                                   Indictment Gaming
Eldridge Miller
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and on motion of said States Attorney and for good cause shown this cause continued till next term of this Court.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841.
p 171/172.
State of Missouri Plaintiff
vs                                                   Peace Warrant
Thomas Carey Defendant
This day came the Defendant by his attorney and by leave of the Court files his motion to discharge said Defendant which motion was sustained. Therefore it is considered by the Court that said Defendant Thomas Carey go hence without day and recover of said Prosecutor John Allsop his costs in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming.
James Lee and James Blackwell Defendants
This day came the Defendants by their attorney and by leave of the Court files their motion to quash said indictment which said motion was sustained.

Abraham Woody Plaintiff
vs                                                   Appeal J.P.
Daniel R. Brown Defendant
This day came the Plaintiff in the above cause and by leave of the Court files his affidavit here which should have been filed with the Justice when taking said appeal.

p 173.
State of Missouri Plaintiff
vs                                                   Indictment for wounding, etc.
Ephraim M. Massey Defendant
This day came the State of Missouri by James McBride who prosecutes in behalf thereof and the Defendant in his own proper person who being charged on the bill of indictment for plea thereto says he is not guilty and puts himself upon the County and the Circuit Attorney does the like and thereupon came a Jury, to wit: - Caleb Horn, Archibald Payne, Peter Apperson, B.L. Lane, Abraham Woody, E.R. Fuibright, Alexander Lee, Chesley Cannefax, Henry Fulbright, Joseph Teteoston Napoleon Dunnegan, Burton A James, Twelve good and lawful men who being duly elected tried and sworn well and truly to try the issue joined who after hearing the evidence returned the following verdict - 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 day. State of

Missouri Plaintiff
vs                                                   Indictment for gaming
Guien Leeper Defendant
This day came the Defendant Guien Leeper and says that he cannot deny but that he is guilty in manner and form as charged in said indictment and James McBride who prosecutes in behalf of the State of Missouri being also present. It is considered by the Court that said Guien Leeper do pay a fine of three dollars together with costs of suit in this behalf laid out and expended for all of which execution may issue. Ordered by the Court that Sam C. Downing be discharged from further services as a Grand Juror at the present term of this Court.

p 174.
Following causes continued till next term -

Craighead and Allen vs John L. and Mary Phelps
A. Tappan and Co.vs John L. and Mary Phelps
Joseph Vaulx vs Benjamin W. Cannefax.

34
GREENE COURTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841.

p 174.
Evans Tyler Plaintiff
vs                                                   Appeal J.P.
Peter Apperson Jun. Defendant
This day came Peter Apperson Jun. in his own proper person and says he will no longer prosecute his said appeal - Therefore it is considered by the Court that the said Evans Tyler recover of said Peter Apperson Jun. his costs in this behalf about his appeal laid out and expended and that he have execution therefor in this Court and that the papers be remanded to the Justice Court.

p 175.
Ordered by the Court here that Benjamin Chapman one of the original Jurors suimnoned by the Sheriff to attend at the term be sworn to supply the place of Samuel Downing who after being duly sworn according to Law retired said Grand Jury.

Tuesday Morning. Court met persuant to adjournment.

William Parish, Guardian
vs                                                   Petition in Debt
L. Hendrick, Isaac Woods, Jno Edwards
This day came the Plaintiff by his attorney and the Defendant being thrice solemnly called came not but makes default and the demand being founded on an instrument of writing the Court do find that the Defendants owe and stand justly indebted to the Plaintiff in the sum of two hundred dollars for his debt and the further sum of ten dollars and thirty cents for his damages. It is therefore considered by the Court that the Plaintiff have and recover of the Defendants the aforesaid sum of two hundred ten dollars and thirty cents for his debt and damages together with costs of said suit in this behalf laid out and expended for all of which execution may issue.

p 175.
Abraham Woody Plaintiff
vs                                                   Appeal J.P.
Daniel R. Brown Defendant
This day came the said Parties by their attorneys and neither party requiring a Jury the cause was suhnitted to the Court sitting as a Jury and after hearing the several allegations of the said parties the Court setting as a Jury finds that the said Daniel R. Brown is indebted to the said Abraham Woody in the sum of twenty five dollars debt and ninety five cents damages wherefore it is considered by the Court that the said Abraham Woody have and recover of said Daniel R. Brown the said sum of twenty dollars debt and ninety five cents damages together with his costs in this behalf laid out and expended and that execution issue therefor.

Newell Cates Plaintiff
vs                                                   Petition in Debt
Peter Apperson Defendant
This day came the Defendant by his attorney and by leave of the Court here files his motion to quash said writ which motion is sustained by the Court. It is ordered by the Court that an alias writ issue in said Cause.

Christopher McElhannon Plaintiff
vs                                                  
Joseph Weaver Defendant
This day came the parties by their attorneys and by consent of the said parties the suit is dismissed. It is therefore ordered by the Court that the Defendant pay the costs in this behalf laid out and expended for all of which execution may issue.

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841
p 177.
Jacob Sease Plaintiff
vs                                                   Slander
Pharoah Cook Defendant
(Cause continued till next Term)

State of Missouri Plaintiff
vs                                                Indictment for retailing spirits without license.
Garret Cornelison Defendant
This day came the Circuit Attorney who prosecutes in behalf of the State of Missouri and says that he will not nor does he any further prosecute his said suit. It is therefore considered by the Court that the said Defendant go hence without day.

N.R. Smith Plaintiff
vs                                                   Appeal J.P.
B.D. Sims Defendant
This day came the parties by their attorneys and neither party requiring a Jury the cause being submitted to the Court, the Court do find for the Defendant. It is therefore considered by the Court that the said Defendant have and recover of the said Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.

State of Missouri Plaintiff
vs                                                 Indictment for suffering gambling device, etc.
James Harper Defendant
This day came the Defendant by his attorney and by leave of the Court files his motion to quash said indictment which motion was sustained by the Court.

J.P. Campbell Plaintiff
vs                                                   Petition in debt.
Moses Bean and others Defendants
This day came the Plaintiff by his attorney and by leave of the Court files his motion to dismiss his said suit as to John S. Burnet which motion is sustained by the Court.

p 178.
James Lee Plaintiff
vs                                                   Appeal J.P.
John Dixon and A.H. Payne Defendants
This day came the Plaintiff in this cause and on motion of said Plaintiff this cause is dismissed as relates to Anderson H. Payne.

William Fulbright Plaintiff
vs                                                   Appeal J.P.
Moses Bean Defendant
This day came the parties by their attorneys and neither party requiring a Jury this cause is submitted to the Court, said suit being founded on an instrument of writing, The Court do find that the said Defendant stands justly indebted to the Plaintiff in the sum of $39.08 his debt and damages. It is therefore considered by the Court that said Plaintiff have and recover of said Defendant and N.R. Smith, his security, the aforesaid sum of $39.08 debt and damages together with his costs in this suit laid out and expended for all of which execution may issue.

John Smith Plaintiff
vs                                                   Petition in debt
James Lee Defendant
(Cause continued to next term)

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841.
p 178.
B.M. Jewett Plaintiff
vs                                                   Assumpsit
R.K. Payne Defendant
This day came the Defendant by his attorney and by leave of the Court files his affidavit for continuance in said Court and all and singular the premises being fully understood by the Court it is ordered by the Court that this cause be continued till next term of this Court at the Defendant's costs.

p 179.
James Lee Plaintiff
vs                                                   Appeal J.P.
John Dixon Defendant
This day came the Defendant by his attorney and moves the Court for a rule and to compel David 0. George constable who served the summons on said constable to amend his return and that the Clerk of this Court issue a rule against said constable returnable to the next term of this Court until which time this cause is continued.

Peter Apperson, Admin. of
Estate of C.D. Terrell, Decd Plaintiff
vs                                                   Appeal J.P.
David 0. George Defendant
This day came the Plaintiff by his attorney and the Defendant being thrice solemnly called came not but makes default, said cause being submitted to the Court, and after hearing evidence in the case of the Court do find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $10. It is therefore considered by the Court that the said Plaintiff have and recover of the said Defendant the sum of $10 together with costs of suit in this behalf laid out and expended for all of which execution may issue.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming.
Dixon Jeffries and others Defendants
This day came the Defendants by their attorney and by leave of the Court filed their motions to quash said Indictment and after argument of Counsel heard thereon it is considered by the Court here that said motion be sustained.

p 180.
Constantine D. Ladd Plaintiff
vs                                                   Writ of Enquiry
James Pankey Defendant
Now at this day came the said Ladd by his attorney and the Writ of venire facias for a Jury of Enquiry returned by the Sheriff with a pannel endowed thereon to wit: Joseph Jones, B.W. Cannefax, Abraham Woody, John W. Hancock, Chesley Cannefax, Anderson H. Payne, Benjamin Beshears and Josiah Davidson twelve good and lawful men who being first duly sworn to render a true verdict according to law and evidence, and having heard the allegations and proof of the Plaintiff retired to consider of their verdict and having considered thereof returned into Court with the following verdict - We, the Jury, assess the damages sustained by the Plaintiff at the sum of $225, whereupon it is considered by the Court here that the said Constantine Ladd have and recover of and from the said James Pankey the sum of $225 together with the costs of suit in this behalf laid out and expended and that he have execution thereof.

Samuel Burke Plaintiff vs Peter Apperson Defendant (cause continued until next term of this Court)

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841.

p 180.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Isaac Finley, Napoleon Dunnagan,
William Windham, R. Moore, J.T. Shanks,
R. Dunn, Elias Rice Defendants.
(Defendant's motion to Quash. Motion sustained by the Court)

p 181.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Dixon Defendant
(Motion by Defendant to quash, sustained by the Court)

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
James S. James and Elias Rice Defendants
(Motion by DefendantS to Quash, sustained by the Court)

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
E.M. Massey, Wm. Massey, Randolph Moore, L. Moore, Peter Apperson Jun, Thomas Horn, R.K. Payne, John S. Wills, L.A. Rountree, R.B. Coleman, James S. James, Scott Brame, John Jones, E.G. Price Defendants
This day came the Defendants by their attorney and by leave of the Court here files their motions to quash said indictments and after argument of Counsel said motion was sustained.

N.R. Jones and Co. Plaintiff
vs                                                   Appeal J.P.
John S. Wills Defendant
This day came the Defendant John S. Wills by his attorney and on a motion of said attorney the summons in this cause is quashed and the proceedings set aside. It is therefore considered by the Court that said Defendant have and recover of the said Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.

p 182. Wednesday 21 July 1841. Court met persuant to adjournment. Present as yesterday. -

John G. Lock Plaintiff
vs                                                   Petition in Debt
Rodham K. Payne Defendant
This day came the Plaintiff by his attorney and the said Defendant being three times solemnly called came not but makes default and this action being founded on an instrument of writing executed by said Defendant and the amount of the Plaintiff's demand being ascertained thereby it is found by the Court sitting as a Jury that the said Defendant is justly indebted to the said Plaintiff in the sum of $165.50 for his debt and $6.67 for his damages. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $165.50 debt and $6.67 damages together with 10% interest upon the same and also his costs in this behalf laid out and expended for all of which execution may issue.

John P. Campbell Plaintiff
vs                                                   Petition in debt
Moses Bean and James R. Danforth Defendants
This day came the said Plaintiff by his attorney and the said Defendants having been three times solerrtnly called came not but made default and this action being founded upon
(continued)

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GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841.
p. 182 (continued)
an instrument of writing executed by the said Defendants and the amount of the Plaintiff's demand being ascertained thereby it is found by the Court sitting as a Jury that the said Defendants are justly indebted to the said Plaintiff in the sum of $309.70 for his debt and damages. It is therefore considered by the said Court that the said Plaintiff have and recover of and from the said Defendants the sum of $309.70 debt and damages together - with costs of suit in this behalf laid out and expended for all of which execution may issue

p 183.
Joseph Weaver Plaintiff
vs                                                   Petition in Debt
William Gutry Defendant
This day came the Plaintiff by his attorney and by leave of the Court here dismissed his said suit.

Berry and Snyder Plaintiff
vs                                                   Attachment
Robert Casebolt Defendant
(Plaintiff and attorney dismissed this suit)

D.D. Berry Plaintiff
vs                                                   Attachment
R. Casebolt Defendant
(Plaintiff and Attorney dismissed this suit)

Luther Woodford Plaintiff
vs                                                   Attachment
Robert Casebolt Defendant
(Plaintiff and Attorney dismissed this suit)

James Y. Warren
vs                                                  
Greene County
This day came James Y. Warren by his agent and presented an account against Greene County for $72 which was by the Court audited and allowed and ordered to be certified down to the County Court for their allowance.

p 184.
Thomas Horn
vs                                                  
Greene County
This day came Thomas Horn Sheriff of Greene County and presented his account against Greene County for the sum of $44.87 which was audited and allowed and ordered to be certified down to the County Court for allowance.

Following accounts filed against Greene County -
Allen Edmonson $ 3.67
Thomas Horn $58.29 for prosecution of John T. Shanks.

p 185.
James Ellison Plaintiff
vs                                                   Petition in debt
R.W. Iangston Defendant
This day came the said Plaintiff by his attorney and the said Langston in his own proper person who says that he cannot deny but that he is indebted to the said James (Continued)

39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book B. July Term 1841
p 185 (continued)

Ellison in the just sum of $181.45.. Therefore it is considered by the Court that the said James Ellison have and recover of and from the said Ragland W. Langston the sum of $181.45 together with his costs in this behalf laid out and expended and that execution issue therefor.

State of Missouri Plaintiff
vs                                                   Murder
John T. Shanks Defendant

Ordered by the Court that the following persons be and they are hereby released from their recognizance entered into for their appearance at this term of this Court, to wit: Peter Apperson, John R. McFadden, John Jones, A.J. Shannon, R.B. Coleman, John Holland, Charles W. Young, Presley Beal, L.G. Moore, R. Moore, Benjamin Gibson, John W. Ball, T.J. Bailey, A.L. Yarbrough, P.G. Stewart, John Booker and G.P. Shackleford.

Ordered by the Court that the Sheriff of Greene County be and he is hereby required to furnish stationary for the Circuit Court of Greene County.

p 186.
State of Missouri
vs                                                   On a charge of Murder before the Judge of the Circuit
John T. Shanks Court for the County of Greene.
The account of Thomas Horn Sheriff of Greene County amounting to the sum of $58.29 for services rendered in the above case was this day presented to the Circuit Court for said County for allowance which said account being seen and examined by the Court and Circuit Attorney the same is found to be correct, and it appearing to the satisfaction of the Court that said Shanks was duly and legally committed to the jail of said County on the aforesaid charge of Murder and that he has broken jail and made his escape there- from and cannot be taken to answer said charge and upon the motion of the Circuit Attorney it is therefore considered by the Court that an order be and the same is hereby made that the property of said Shanks be levied upon and sold to satisfy the aforesaid account of the said Sheriff and that the Clerk of this Court issue an execution therefor accordingly.

p 187.
Wednesday 21st. The following are the rules of the Greene Circuit Court which are ordered to be recorded
1st. That the Clerk of this Court shall make in a fair and legible band a docket for the Bar and a docket for the Judge.
2nd. That the attorneys shall mark their names opposite the cases in which they may be employed.
3rd. That in all declarations, pleas, motions, bills and answers there shall be the space of two inches left at the top of the page and one inch on the margin and that the Clerk shall attach the papers together in each case in the successive order in which they may be filed.
4th. All motions shall be taken up and disposed of at the morning session after which they are filed.
5th. The Clerk shall call the roll of attorneys at the morning session at which time all motions shall be made except by leave of the Court.

p 188.
Ordered that all causes and motions not otherwise disposed of be continued till the next term of this Court. Ordered that Court adjourn until Court in Court.
C.L. Yancey Circuit Judge

End of July Term 1841.

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