Abstract of Circuit Court Record Books June 1864 - January 1865

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1864
Book F

p 584.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License #2.
William H. Worrell Defendant
Now at this day comes Wm. H. Worrell as principal and P.M. Jaucard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels lands and tenements to be void on condition that the said William H. Worrell who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in January 1865 and answer to said Indictment and not depart said Court without leave.

p 584.
Now at this day comes into Court the Grand Jury who through their foreman J.S.. McCraw in their presence return into Court seven true bills of Indictment which are by the Court ordered to be filed and capiases to issue thereon returnable instanter.

State of Missouri Plaintiff
vs                                                   Contempt
John Leathers Defendant
Now at this day it appearing to the Court from the Sheriffs return that the Defendant had been summoned as a Juror who being called failed to answer wherefore the Court ordered that said Defendant be fined $5 for contempt and a Writ issue requiring him to show cause why the sum should not be made.

p 585.
State of Missouri Plaintiff
vs                                                   Keeping Gaming House
Thomas J. Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is not guilty as charged and of this puts himself on the Country whereupon comes a Jury viz D.R. Riggs, J.W. Layman, L.A.D. Crenshaw, F.M. Watson, Wm. W. Edwards, N.J. Cox, Wm. Ezzell, Reuben Yarberry, J.W. Peacher, H.W. Gault, T.B. Holland, W.R. Robertson, twelve good and lawful men who being elected and sworn to try the issue found having taken the oath prescribed by the convention heard the evidence and instructions of the Court, return into Court the following verdict "We the Jury find the Defendant guilty as charged in the Bill of Indictment and assess his fine at $64." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant the said sum of $64 and costs that she have execution therefor and that the Defendant be remanded into the custody of the Sheriff until fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without Oath or Bond
Joseph F. Oneal Defendant
Now at this day comes Joseph F. Oneal as principal and Presley C. Beal and Baker Russell as securities who acknowledge themselves to stand fully indebted to the State of Missouri in the sum of $250 to be bond of the goods and chattels lands and tenements to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and appear before the Judge of the Greene Circuit Court on the first day of the next term of the said Court which convenes at the Court House in Springfield Missouri on the first Monday in January 1865 and answer to said Bill of Indictment and not depart said Court without leave.

32
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 586
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Joseph F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.C. Beal and Baker Russell as securities and acknowledge themselves to be indebted to the State of Missouri in the sum of $100 to be bond of their goods and chattels lands and tenements to be void on condition that J.F. Oneal who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer to said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Keeping Gaming House
Joseph P. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.A. Beal and Baker Russell as securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be void on condition that the said Joseph F. Oneal who stands indicted in the Greene Circuit Court for Keeping a Common Gaming House shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court
without leave.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
J.F. Oneal Defendant
Now at this day comes J.F. Oneal as principal and P.C. Beal and B. Russell as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels lands and tenements to be void on condition that the said J.F. Oneal who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which will commence at the Court House in Springfield Missouri on the first Monday in January next and answer said Indictment and not depart said Court without leave.

p 587.
State of Missouri to use of
B.W. Henslee and Mary Shackleford
admins W.A. Shackleford, deceased Plaintiffs
vs                                                   Civil Action
B.W. Henslee, W.S. Norfleet, L.A.D.
Crenshaw, H.M. Parrish Defendants
Now at this day comes the Plaintiff by Attorney and it appearing to the satisfaction of the Court that the said Hon. M. Parish had been duly notified by the Sheriff of Greene County having a copy of Plaintiffs petition and writ as his usual place of abode with a white member of his family over the age of 15 years at least 15 days before the first day of the Court and the said Defendant having failed to plead answer or demur to Plaintiff's petition the same is taken as true and the Court doth adjudge that Plaintiffs have Judgment by default but it is not apparent to the Court what amount the Plaintiffs are entitled to recover of Defendants. It is ordered that inquiry be had at the present term of this Court to ascertain the amount to which Plaintiff is entitled.

Ordered that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J

33
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 588. Saturday July 16th 1864.
Court met pursuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
F.W. Scholten Defendant
Now at this day comes F.W. Scholten as principal and J.E. Smith as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied on their goods and chattels lands and tenements to be void on condition that the said F.W. Scholten who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield Missouri on the first day of the next term of said Court which commences on the first day of January next and answer said Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
Charles Scholten Defendant
Now at this day comes Charles Scholten as principal and J.E. Smith as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied on their goods and chattels lands and tenements to be void on condition that the said Charles Scholten who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield Missouri on the first day of the next term of said Court which commences on the first day of January next and answer said Indictment and not depart said Court without leave.

John Smith Plaintiff
vs                                                   Civil Action
James Atkison and
B.F. Black as Garnishee Defendants
Now at this day comes on to be heard the exceptions to the insufficiency of the answers of said Garnishee B.F. Acock filed in this cause and all and singular the premises being seen and by the Court understood the Court doth adjudge said answer of said B.F. Acock to be insufficient.

p 589.
Liny C. Acock
vs                                                   Civil Action
James Atkison and
B.F. Acock as Garnishee
Now at this day comes on to be heard the exceptions to the insufficiency of the answer of B.F. Acock a Garnishee filed in this cause and all and singular the premises being understood by the Court it is adjudged by the Court that the said answer of said B.F. Acock is insufficient.

State of Missouri Plaintiff
vs                                                   Disturbing the Peace Of a Family
C.B. Henslee Defendant
Now at this day comes the Defendant by attorney and files his affidavit for a continuance on account of the sickness of material witness which is granted and this cause is continued until next term of this Court.

34
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

JULY TERM 1864
Book F
p 589.
State of Missouri Plaintiff
vs                                                   Felonious Assault
C.B. Henslee Defendant
Now at this day comes the Defendant by attorney and files his affidavit for a continuance on account of the sickness of material witness which is granted and this cause is continued until next term of this Court.

p 589.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Frank Black Defendant
Now at this day comes the Circuit Attorney and also the Defendant in person and by attorney and the motion heretofore filed for a new trial coming on to be heard and the Court being fully satisfied of the premises said motion is by the Court overruled.

p 590
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
R.B. Coleman Defendant
Now at this day comes R.B. Coleman as principal and Chesley Cannefax as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their goods and chattels lands and tenements to be void on condition that the said R.B. Coleman who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield Missouri on the first day of the next term thereof which will commence on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   on Forfeiture on Garnishee
J.F. Oneal Defendant
Now at this day comes the Defendant and on his motion and for cause shown the forfeiture of recognizance taken in this cause is et aside on the Defendant paying the costs of the same wherefore it is considered by the Court that the State have and recover of Defendant her costs and that she have execution therefor.

Now at this day comes the Grand Jury and through their foreman J.S. McCraw in their presence return into Court forty-four true bills of indictment which are ordered to be filed and capiuses issue therefor. And the said Jury having further business retire to further consider of their presentments.

p 591.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Isaac Bradley Defendant
Now at this day comes the Circuit Attorney and also the Defendant for a plea says he is not guilty whereupon comes a Jury viz A.F. Bigbee, W.H. Henslee, Isaac Dyer, W. Massey, S.E. Hedges, J.S. Gardner, six good and lawful men who by agreement are elected tried and sworn to try the issue found and having heard the evidence and instructions of the Court return into Court the following verdict "We the Jury find the Defendant not guilty." It is therefore considered and adjudged by the Court that the State take nothing by her Writ that the Defendant be discharged and go hence without day.

35
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 591 July 16th 1864
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Long Defendant
Now at this day comes James Long as principal and R.Q. Banfield as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be levied of their goods and chattels lands and tenements to be void on condition that the said James Long who stands indicted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in January 1965 and answer to an Indictment and not depart without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Long Defendant
Now at this day comes the said James Long as principal and R.Q. Banfield as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond on their goods and chattels lands and tenements to be void on condition that the said James Long who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 592.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
James Long Defendant
Now at this day comes the said James Long as principal and R.Q. Banfield as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be bond on their goods and chattels lands and tenements to be void on condition that the said James long who stands indicted in the Greene Circuit Court for Selling Liquor Without License shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave.

p 593.
State of Missouri Plaintiff
vs                                                   Selling Liquor on Sunday
Isaac Bradley Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty whereupon comes a Jury viz L.M. Bigbee, J.B. Cox, John H. Price Sr, Henderson Jones, Julius Wagner, B.W. Henslee, six good and lawful men who by agreement being duly elected and sworn to try the issue found having heard the evidence and instructions of the Court return into Court the following Verdict "We the Jury find the Defendant not guilty." It is therefore considered by the Court that the State take nothing by her Writ and that the Defendant be discharged and go hence without day.

36
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 593. Monday July 18
Court met pursuant to adjournment. Present as on yesterday.

State of Missouri Plaintiff
vs                                                   #1 Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged therefore the Court doth assess a fine on said Defendant of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take he Defendant into custody until fine and costs are paid.

p 594.
State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

State of Missouri Plaintiff
vs                                                   #3. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

State of Missouri Plaintiff
vs                                                   #4. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

p 594/595.
State of Missouri Plaintiff
vs                                                   #5. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

37
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 595.
State of Missouri Plaintiff
vs                                                   #6. Selling Liquor Without License.
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by theCourt that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

State of Missouri Plaintiff
vs                                                   #7. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

State of Missouri Plaintiff
vs                                                   #8. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

p 595/596.
State of Missouri Plaintiff
vs                                                   #9. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

State of Missouri Plaintiff
vs                                                   #10. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

38
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

JULY TERM 1864
p 596.
State of Missouri Plaintiff
vs                                                   #11. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

p 596/597.
State of Missouri Plaintiff
vs                                                   #12. Selling Liquor Without License
William H. Worrell Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says for a plea that he is guilty as charged. Therefore the Court doth assess as a fine on said Defendant a fine of $20 for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from Defendant the said sum of $20 and also her costs in this behalf that she have an execution therefor and that the Sheriff of Greene County take the Defendant into custody until fine and costs are paid.

p 597.
David W. Bryant Plaintiff
vs                                                   Civil Action
Sarah Gates Defendant
Now at this day comes the Defendant by attorney and by leave of Court files her demurer in this cause.

Joseph S. Moss, surviving partner
of J.S. Moss and Co. Plaintiff
vs                                                   Civil Action
John Lair & James C. Gardner garnishee
Now at this day comes the said Gardner who was summoned as a garnishee in this cause and files his answer to the interrogatories exhibited against him also his petition praying for relief and that Colly B. Holland be made a party to the suit and all and singular the premises being seen and fully understood by the Court it is ordered that the said Holland be summoned as a party in this suit

John Wood Plaintiff
vs                                                   Civil Action
John Lair, impleaded with
Headlee et al and
James C. Gardner, garnishee Defendant
Now at this day comes the said Gardner who was summoned as a garnishee in this cause and files his answer to the interrogatories exhibited against him also his petition praying for relief and that Colly B. Holland be made a party to the suit and all and singular the premises being seen and fully understood by the Court it is ordered that the said Holland be summoned as a party in this suit.

John Smith Plaintiff
vs                                                   Civil Action By Attachment
James Atkisson, Benjamin F. Acock, garnishee
It appearing to the satisfaction of the Court that the property effects and credits attached will not be sufficient to satisfy the amount sworn to and costs on motion of
(continued)

39
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOKF
JULY TERM 1864
p 597 (cont)
Plaintiff by his attorney it is ordered by the Court that a Writ of Attachment issue
in this cause to the Sheriff of Pettis County, Mo.

p 598.
Lucy Acock Plaintiff
vs                                                   Civil Action by Attachment
James Atkisson
Benjamin F. Acock garnishee Defendants
It appearing to the satisfaction of the Court that the property effects and credits attached will not be sufficient to satisfy the amount sworn to and costs on motion of Plaintiff by his attorney it is ordered by the Court that a Writ of Attachment issue in this cause to the Sheriff of Pettis County, Mo.

Joseph S. Moss, surviving partner
of J.S. Moss and Co. Plaintiff
vs                                                   Civil Action
John Lair Defendant
Now at this day comes the said Plaintiff by attorney and it appearing to the satisfaction of the Court by the affidavit of Plaintiff filed in this cause that the Defendant is a nonresident of this State. It is ordered by the Court that the Defendant be notified by publication in the Springfield Missourian, a weekly newspaper printed and published in this State for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that the Plaintiff has commenced suit against him by attachment in this Court wherein he claims the sum of $409.28 for goods sold and delivered and that unless he appears before the Greene Circuit Court which commences at the Court House in Springfield on the first Monday in January 1865 and plead, answer or demur to Plaintiff's petition on or before the 6th day of said Court if it shall so long continue if not then before the end of the term said petition will be taken as true and judgment rendered accordingly and his property which has been attached sold to satisfy the same.

p 599.
Joseph S. Moss, surviving partner
of J.S. Moss and Co. Plaintiff
vs                                                   Civil Action
Turner Goodall and Thomas G. Wooten Defendants
Now at this day comes the said Plaintiff by attorney and it appearing to the satisfaction of the Court by the affidavit of Plaintiff filed in this cause that the Defendants are nonresidents of this State. It is ordered bv the Court that the Defendant be notified by publication in the Springfield Missourian a weekly newspaper printed and published in this State for four successive weeks the last insertion at least four weeks before the next term of this Court notifying said Defendants that the Plaintiff has commenced suit against him by attachment in the Court by attachment wherein he claims Judgment for $540.63 for goods sold and delivered and that unless he be and appear before the Greene Circuit Court which commences at the Court House in Springfield Missouri on the first Monday in January 1865 and plead, answer or demur to Plaintiff's petition on or before the 6th day of the term if the same shall so long continue, if not then before the end of the term the same will be taken as confessed and judgment rendered accordingly and his property sold to satisfy the same.

40
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 599/600.
John Smith Plaintiff
vs                                                   Civil Action.
James Atkison Defendant
Now at this day comes the said Plaintiff by attorney and it appearing to the satisfaction of the Court by the affidavit of Plaintiff filed in this cause that the Defendant is not a resident of the State. It is ordered by the Court that the Defendant be notified by publication in the Springfield Missourian a weekly newspaper printed and published in this state for 4 successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that the Plaintiff has commenced suit against him by attachment founded on two promissory notes wherein he claims the sum of $755.45 and that unless he be and appear before the Judge of the Greene Circuit Court at the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead, answer or demur to Plaintiff's petition on or before the 6th day of said term if it shall so long continue if not then before the end of the term said petition will be taken as true and Judgment rendered accordingly and this property which has been attached sold to satisfy the same.

p 600.
Lucy C. Acock Plaintiff
vs                                                   Civil Action
James Atkison Defendant
Now at this day comes the said Plaintiff by attorney and it appearing to the satisfaction of the Court by the affidavit of Plaintiff filed in this cause that the Defendant is not a resident of the State of Missouri. It is ordered by the Court that the Defendant be notified by publication in the Springfield Missourian a weekly newspaper published in the State for four successive weeks the last insertion to be at least four weeks before the first day of the next term of this Court notifying said Defendant that the Plaintiff has commenced a suit against him by attachment in this Court wherein he claims the sum of $1050 for horses sold and delivered to Defendant and unless he be and appear before the Greene Circuit Court at the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead answer or demur to Plaintiff's petition on or before the 6th day of the term if the term shall so long continue if not then before the end of the term otherwise the same will be taken as true and judgment rendered accordingly.

p 600/601.
Jacob Painter Plaintiff
vs                                                   Civil Action
Rufus Ship Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant is not a resident of the State of Missouri. It is therefore ordered by the Court that the Defendant be notified by publication in the Springfield Missourian a weekly newspaper printed and published in the State for four successive weeks the last insertion at least 4 weeks before the next term of this Court that the Plaintiff has commenced suit against him by attachment in the Greene Circuit Court wherein the amount claimed is $1184.30 and that unless he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield and plead, answer or demur to Plaintiff's petition on or before the 6th day of said Court which commences on the first Monday in January 1865 if the term shall so long continue if not then before the end of the term otherwise the same will be taken as true and Judgment rendered accordingly.

41
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 602.
Joseph T. Morton Plaintiff
vs                                                   Civil Action
B.W. Henslee and
E.G. Parris admin John Young, dec. Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant B.W. Henslee and the said E.G. Parris as admin of John Young had been duly served with personal service more than 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on a promissory note the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $800 debt and also $272.86 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and also his costs in this behalf laid out and that execution issue against the said B.W. Henslee for the same.

#l047.
State of Missouri Plaintiff
vs                                                   Treason
Thomas F. Layton Defendant
Now at this day comes the Circuit Attorney and says he will not further prosecute. It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said suit that the same be dismissed and that the Defendant be discharged hereof and go hence without day.

p 602.
#l048.
State of Missouri Plaintiff
vs                                                   Treason
Thomas F. Layton Defendant
Now at this day comes the Circuit Attorney and says he will not further prosecute. It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said suit that the same be dismissed and that the Defendant be discharged hereof and go hence without day.

p 603.
#l049.
State of Missouri Plaintiff
vs                                                   on Recognizance to Keep Peace
John R. Cox Defendant
Now at this day comes the Defendant, the prosecutor failing to appear in this cause and the Court being fully advised of and concerning the premises the said Defendant is by the Court discharged and it is adjudged by the Court that the said prosecutor George Gates pay the costs of this proceeding and that execution issue therefor.

Burton S. Grant & Charles W. Kinser Plaintiffs
vs                                                   Civil Action
Thomas J. Andrews & Benjamin G.
Andrews Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendants had been duly served with personal service more than 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition and the same being founded on an instrument of writing whereby the amount is ascertained the Court by an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of $314.98 debt
(continued)

42
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 603 (continued)
and $25.18 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants said debt, damage and costs and that they have execution therefor and that this judgment bear 10% interest.

Bank of Missouri Plaintiff
vs                                                   Civil Action
S.A. Edmonson, J.G. Perryman,
Allen Edmonson & L.W.M. Looney Defendants
Now at this day comes the Plaintiff and by leave of Court this cause is dismissed and it is considered and adjudged by the Court that the Plaintiff take nothing by her said suit and that the Defendant have and recover of and from Plaintiff his costs laid out and expended and that he have execution therefor and leave given to withdraw instrument sued on by leaving a copy.

p 604.
State of Missouri Plaintiff
vs                                                   Gaming
Samuel Andrews Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty whereupon comes a Jury vis B.W. Henslee, S.M. Gresham, Eli Spoon, W.R. Robertson, Alsey Woodward, T.J. Epperson, J.R. Watson, John Schmook, W.H. Henslee, J.J. Bodenhamer, J.A. Cunningham, J.E.B. Short, twelve good and lawful men who being duly elected tried and sworn to try the issue found, having heard the testimony, heard the instructions of Court return into Court the following verdict "We the Jury find the Defendant guilty as charged in the Bill of Indictment and assess his fine at $15." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant the said sum of $15 and also her costs and that she have execution therefor and that the Defendant be remanded into the custody of the Sheriff until the fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
James Baker Defendant
Now at this day comes James Baker as principal and A.M. Julian as security and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $1000 to be levied of their goods and chattels, lands and tenements to be void on condition that the said James Baker who stands indebted in the Greene Circuit Court for auctioneering without License shall be and make his personal appearance before the Judge of the Greene Circuit Court now in session from day to day to answer said indictment and not depart said Court without leave.

p 605.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
P.M. Jaccard Defendant
Now at this day comes P.M. Jaccard as principal and W.H. Worrel as security who acknowledge themselves to owe and stand indebted unto 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 P.M. Jaccard who stands indicted in the Greene Circuit Court for Selling Goods Without License shall be and appear before the Judge of the Greene Circuit Court on the first day of the next term of this Court which commences at the Court House in Springfield on the first Monday in January 1865 and plead to said indictment and not depart said Court without leave.

43
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 605.
State of Missouri Plaintiff
vs                                                   #1. Selling Liquor Without Bond or Oath
W.H. Worrell Defendant
Now at this day comes W.H. Worrell as principal and P.M. Jaccard as Security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indebted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead to said indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #2. Selling Liquor Without Bond or Oath
W.H. Worrell Defendant
Now at this day comes W.H. Worrell as principal and P.M. Jaccard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indebted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead to said indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #3. Selling Liquor Without Bond or Oath
W.H. Worrell Defendant
Now at this day comes W.H. Worrell as principal and P.M. Jaccard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indebted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead to said indictment and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   #4. Selling Liquor Without Bond or Oath
W.H. Worrell Defendant
Now at this day comes W.H. Worrell as principal and P.M. Jaccard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $250 to be bond of their goods and chattels, lands and tenements to be void on condition that the said W.H. Worrell who stands indebted in the Greene Circuit Court for Selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences at the Court House in Springfield on the first Monday in January 1865 and plead to said indictment and not depart said Court without leave.

p 606/607.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Frank Black Defendant
Now at this day comes into Court the said Frank Black in person and the verdict of the
(continued)

44
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
JULY TERM 1864
p 606/607 (continued)
Jury found the Defendant guilty and assessed his punishment five years imprisonment in the penitentiary. It is therefore ordered and adjudged by the Court that the said Frank Black be confined in the penitentiary of the State of Missouri for the period of five years for the rendition of the sentence, that the Sheriff of Greene County take the said Frank Black from the Jail of Greene County with all convenient speed and him safely transport to the said penitentiary of the State of Missouri and deliver him to the keeper thereof to be confined in said penitentiary for the said period of five years.

p 607.
State of Missouri Plaintiff
vs                                                   #5 Selling Liquor Without Oath or Bond
W.H. Worrell Defendant
Now at this day comes the said W.H. Worrell as principal and P.W. Jaccard as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sumof $250 to be levied of their goods and chattels lands and tenements to be void on condition that the said W.H. Worrell who stands indebted in the Greene Circuit Court for selling Liquor Without Oath or Bond shall be and make his personal appearance before the Judge of the Greene Circuit Court on the first day of the next term thereof which commences on the first Monday in January 1865 and answer said Bill of Indictment and not depart said Court without leave,

State of Missouri Plaintiff
vs                                                   #1 Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the parties and for cause shown the forfeiture of recognizance in this cause is by the Court set aside at the cost of Defendant and it is ordered and adjudged by the Court that the State have and recover of and from Defendant her costs laid out on account of said forfeiture and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   #2 Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the parties and for cause shown the forfeiture of recognizance in this cause is by the Court set aside at the cost of Defendant and it is ordered and adjudged by the Court that the State have and recover of and from Defendant her costs laid out on account of said forfeiture and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   #3 Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the parties and for cause shown the forfeiture of recognizance in this cause is by the Court set aside at the cost of Defendant and it is ordered and adjudged by the Court that the State have and recover of and from Defendant her costs laid out on account of said forfeiture and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   #4 Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the parties and for cause shown the forfeiture of recognizance in this cause is by the Court set aside at the cost of Defendant and it is ordered and adjudged by the Court that the State have and recover of and from Defendant her costs laid out on account of said forfeiture and that she have execution therefor.

45

July Term Continued
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