Abstract of Circuit Court Record Books January 1865 - End of 1865

GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

July Term 1865
Book G.

July 14th, 1865.
p 242.
State of Missouri Plaintiff
vs                                                   Robbery
Alfred Davidson Defendant
Now at this day the motion filed to arrest the judgment in this cause coming on to be heard and the Court being fully advised said motion is by the Court overruled.

State of Missouri Plaintiff
vs                                                   #3 Selling Goods Without License
C.O. Kraft Defendant
Now at this day comes the Circuit Attorney who prosecutes and also G.T. Ladd who acknowledges himself to owe and stand indebted unto the State of Missouri in the sum of $100 to be bond of his goods and chattels, lands and tenements to be void if said G.T. Ladd shall be and make his personal appearance before the Judge of the Polk Circuit Court at the Court House in Bolivar on the 4th Monday in September next and testify in the above entitled cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Auctioneering Without License
H.R.Jarratt Defendant
Now at this day comes on to be heard the motion to quash the indictment filed in this cause and the Court being fully advised said motion is by the Court overruled.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day comes the Defendant by attorney and by leave of Court files motion to arrest judgment and set aside the verdict rendered in this cause.

p 243.
State of Missouri Plaintiff
vs                                                   #2 Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his demurer to the Indictment in this cause.

State of Missouri Plaintiff
vs                                                   #4 Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his demurer to the Indictment in this cause.

State of Missouri Plaintiff
vs                                                   #1 Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his demurer in this cause.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
John Har1ow Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is guilty as charged in the Bill of Indictment whereupon the Court assesses a fine

73
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
July Term 1865
p 243 (continued)
of five dollars on the Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant her said fine of five dollars also her costs laid out and that she have an execution therefor and that the Defendant be and remain in the custody of the Sheriff until fine and costs are fully paid.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Lang Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is guilty as charged whereupon the Court doth assess as a punishment a fine of twenty dollars on said Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant her said fine of twenty dollars on said Defendant and also her costs laid out and that she have an execution therefor and that the Defendant be and remain in the custody of the Sheriff until fine and costs are fully paid.

p 244.
State of Missouri Plaintiff
vs                                                   Keeping Gaming House
Joseph F. Oneal Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and having announced themselves ready for trial thereupon came a Jury viz - G.W. Thomas, J. Cunningham, George Wiley, William McDaniel, D.D. Nicholson, Eli Spoon, W.J. West, J. Longcrier, A.C.C. McElhannon, N.C. Chaffin and R.B. Mack, twelve good and lawful men who being duly elected and sworn as provided by the Constitution to try the issue joined, having heard the evidence and instructions of the Court return into Court the following verdict "We the Jury find the Defendant guilty in inanner and form charged and assess his fine at one dollar." It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of one dollar and also her costs, that she have execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs are fully paid.

p 245.
Presley C. Real Plaintiff
vs                                                   Civil Action
John Smith Defendant
Now at this day this cause coming on for a final hearing and the said Defendant having failed to show to the Court any cause why the Interlocutory Judgment rendered in the last term of this Court should be volated and set aside, a Jury having been waived the same is submitted to the Court sitting as a Jury, and the Court having heard the evidence doth find that the Defendant is indebted to Plaintiff in the sum of sixtyfive dollars debt and twentyone 40/100 dollars damage. It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from the Defendant his said debt of sixtyfive dollars and twenty one 40/100 damage and also costs of suit and that he have an execution therefor.

John W. Wadlow Plaintiff
vs                                                   Civil Action
B.C. Hardin and David Snodgrass Defendants
Now at this day comes the Plaintiff by attorney and files his motion asking leave to affix a legal nomen Stamp on original writ nunc pro tunc and on original writ by

74
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
July Term 1865
p 245 - (continued)
striking out word "Sheriff" and inserting word "Coroner" in lieu thereof and the Court being advised concerning the premises it is ordered by the Court that nomen Stamp be affixed and the word "Sheriff" stricken out and "Coroner" inserted.

Ordered by the Court that all attorneys at the Bar return to the Clerk of this Court all papers in cir____eal and Civil Cases in their possession on or before tomorrow evening at the adjournment of the Court and that they remain in the custody of the Clerk during the session of Court unless the attorney wishing to use any of said papers first file a receipt with the Clerk stating the parties, Plaintiff and Defendant signed by said attorney and that the order be put of Record.

p 246.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is guilty in manner and form charged whereupon the Court doth assess a fine of twenty dollars on Defendant for the commission of the offense. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from the Defendant her said fine of twenty dollars and also her costs in this behalf expended, and that she have an execution therefor and that the Defendant be and remain in custody of the Sheriff until fine and costs be fully paid.

State of Missouri Plaintiff
vs                                                   Robbery
Alfred Davidson Defendant
Now at this day comes the Defendant in person and by attorney and by leave of Court files his affidavit asking for an appeal to the Supreme Court in this cause whereupon it is ordered that further proceeding be stayed until the further orders of this Court and said appeal be granted.

p 247.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty and having announced ready for trial thereupon came a Jury viz J.K. Alsup, H.R. Jarratt and
H. Jones, three good and lawful men (who by agreement try this cause) who being duly sworn as provided by the Constitution and to try the issue having heard the evidence and instructions of Court return 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 his suit that the Defendant be discharged hereof and go hence without day and that a Bill of Costs issue.

State of Missouri Plaintiff
vs
James Smith Defendant
Now at this day comes the Grand Jury and return into Court "Not a True Bill" in this cause and find that the prosecutor Nathaniel H. Wilson should pay the costs in the proceedings had before the Justice Court. It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from said Nathaniel H. Wilson her costs in this behalf laid out and expended and that she have an execution therefor.

75
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 247.
State of Missouri Plaintiff
vs                                                   Keeping Gaming House
J.F. Oneal Defendant
Now at this day comes the Defendant by his attorney, J.H. Show, and by leave of Court files his motion for a new trial in this cause.

State of Missouri Plaintiff
vs                                                   #1 Selling Goods Without License
C.O. Kraft Defendant
Now at this day comes the Circuit Attorney and also Thomas R. Dodson who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels, lands and tenements to be void on consideration that the said Thomas R. Dodson shall be and appear before the Polk Circuit Court at Bolivar Missouri on the fourth Monday in September next and answer testify in the above entitled cause and not depart said Court without leave.

p 248.
State of Missouri Plaintiff
vs                                                   #2 Selling Goods Without License
C.O. Kraft Defendant
Now at this day comes the Circuit Attorney and also Thomas R. Dodson who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of one hundred dollars to be levied of his goods and chattels, lands and tenements to be void on consideration that the said Thomas R. Dodson shall be and appear before the Polk Circuit Court at Bolivar Missouri on the fourth Monday in September next and answer, testify in the above entitled cause and not depart said Court without leave.

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

July 15th 1865
Court met pursuant to adjournment. Present as on yesterday.

Greene County, State of Missouri
to use Township 29 Range 20
vs                                                   Civil Action
Hugh H. Cunningham, Jesse A. Cunningham
& J.M. McCarty
Now at this day comes the said County of Greene by her attorney and it appearing to the Court that the said Defendants have been personally served with notice of the commencement of suit by a copy of the petition and with 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 it appearing that the same is founded on a bond signed by the Defendants for the direct payment of money from and by which the amount due is ascertained. The Court from an examination of the same doth find that the Defendants are indebted to Plaintiff in the sum of one hundred dollars debt and sixty six 15/100 dollars damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants her debt of one hundred dollars and damage of sixtysix 15/100 dollars and costs and ten percent interest and have execution therefor.

76
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 149. July 15th 1865.
Greene County, State of Missouri
to use Township 29 Range 20
vs                                                   Civil Action
Jesse A. Cunningham, Hugh H. Cunningham
& J.M. McCarty
Now at this day comes the said County of Greene by her attorney and it appearing to the Court that the said Defendants have been personally served with notice of the commencement of suit by a copy of the petition and with more than fifteen days before first day of this Court and having failed to plead, answer or demur to Plaintiff's petition which is founded on a bond for the direct payment of money signed by Defendants and the amount due ascertained thereby. The Court doth find from an examination of the same that the Defendants are indebted to the Plaintiff in the sum of one hundred dollars debt and sixtysix 15/100 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants the said sums of one hundred dollars debt and sixtysix 15/100 dollars damage and also costs of suit that this judgment be on ten percent interest and that execution issue thereon.

The County of Greene, State of Missouri
to use of Township 31 Range 20
vs                                                   Civil Action
John Breedlove, Robert D. Dillard
& John W. Smith
Now at this day comes the Plaintiff by her attorney and it appearing to the Court that the Defendants have been duly notified of the commencement of this suit by being served with copy of petition more than fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition which is founded on a bond for the direct payment of money from by which the amount due by Defendants can be ascertained and the Court having examined the same doth find that the Defendants are indebted to Plaintiff in the sum of fifty dollars debt and twentyfive and 75/100 damages.It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendants his said debt of fifty dol lars and also his damage of twentyfive and 701100 dollars and also her costs of suit that this judgment be on ten percent interest and that execution issue thereon.

p 250.
Lydia H. Morley, admx Plaintiff
vs                                                   Civil Action
Samuel V. Barker Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been served with notice of the commencement of this suit by delivery of a copy of petition and with more than
15 days before the first day of the present term of the Court and having failed to plead, answer or demur to Plaintiff's petition which is founded on a promissory note for the direct payment of money signed by Defendant and by and from which the amount due Plaintiff is ascerteined, the Court from an examination of same doth find that the Defendant is indebted to the Plaintiff in the sum of seventy dollars debt and forty 03/100 dollars damage.It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant her said debt of seventy dollars and forty 03/100 damage and also her costs with 10% from the rendition of the judgment and that execution issue therefor.

77
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G.
JULY TERM 1865
p 250.
Sanders Noble Plaintiff
vs                                                   Civil Action
David Riggs & James S. McQuerter Defendants
Now at this day comes the Plaintiff by his attorney and it appearing to the Court that the Defendants have been duly notified of the Commencement of this suit by delivery to them of a copy of Writs and petition 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 which is founded on a Promissory Note signed by Defendants for the direct payment of money from and by which the amount due by Defendants is ascertained. The Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and by $58.85 damage, and also her costs with 10% from the rendition of the judgment and that execution issue therefor.

p 251.
Wilson Skeen Plaintiff
vs                                                   Civil Action
Valentino Deck, J.J. Bradley Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to J.J. Bradley and it appearing to the Court that the said Defendant, Valentino Deck, had been duly notified by Delivery of copy of Petition with more than 15 days before the present term of this Court of the commencement of suit and having failed to plead, answer or demur to the petition of Plaintiff which is founded on a promissory note signed by Defendant and by which the amount is ascertained. The Court from an examination of the same doth find that the Defendant is indebted to Plaintiff in the sum of seventyfive dollars debt and also eight 87/100 dollars damage. It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant his said debt of seventyfive dollars and also his damage of eight 87/100 also costs, that this judgment bear 10% interest and that execution issue therefor.

Lucy Acock Plaintiff
vs                                                   Civil Action by Confession
Ishmael Lee Defendant
Now at this day comes the Plaintiff by attorney and also the Defendant and the said Plaintiff files his petition and also the Defendant files his statement and answer, verified by affidavit and the said statement, confessing judgment, made by Defendant being submitted to the Court, the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $756.95 debt and $41.84 damage on an assigned note from estate of B.F. Acock deceased. The Court doth further find that the Defendant executed to B.F. Acock, now deceased, a Mortgage Deed on the following real estate viz the NW 1/4 of SE 1/4 Section 15 Township 30 Range 22 and the SE 1/4 of SW 1/4 of Section 15 Township 31 Range 22 upon the condition that Defendant or his security on the debt aforesaid should pay the notes named in said mortgage together with all interest thereon according to the _____ and effect thereof then said Deed to be void. The Court doth find that the conditions of said Deed of mortgage have been forfeited. It is therefore considered and adjudged by tbe Court that the Plaintiff have and recover of and from Defendant her said debt of $756.93 his damage of $41.84 and costs and that the Equity of Redemption in said real estate be foreclosed and that a special execution issue to sell all or so much thereof as may be necessary to pay the judgment and in default of the sum being paid t hat a general execution issue and ((Last line of text chopped off the page)).

78
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865 July 15th 1865
p 252.
William J. McDaniel Plaintiff
vs                                                   Civil Action
John Grimett Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly notified of the commencement of this suit by serving a copy of Writ and Petition more than 15 days before the first day of this Court, and having failed to Plead, Answer or Demur to Plaintiff's petition which is founded on a promissory note signed by Defendant by and from which the amount due to Plaintiff is ascertained. The Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $100 debt and also $53.73 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt of $100 and also his damage of $53.73 and also his costs, that this judgment bear 10% and that execution issue therefor.

John Ford Plaintiff
vs                                                   Civil Action
Joel Fagg Defendant
Now at this day comes the Plaintiff by his attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly notified of the commencement of this suit by a copy of Writ and Petition more than 15 days before the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition, the same being founded on a promissory note signed by Defendant for the direct payment of money by and from which the amount due Plaintiff is ascertained. The Court from an examination of the same, doth find that the Defendant is indebted to Plaintiff in the sum of $211 debt and also $89.20 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt of $211 and also $89.20 damage and also his costs, that this judgment bear 10% and that execution issue therefor.

p 253.
Elisha Headlee, public administrator
vs                                                   Civil Action
Joseph Morris
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the said Defendant had been duly notified of the commencement of this suit for more than 15 days before the present term of this Court and having failed to plead answer or demur to Plaintiff's petition which is founded on a promissory note signed by the Defendant for the direct payment of money from and by which the amount due by Defendant is ascertained the Court, from an examination of the same doth find that Defendant is indebted to Plaintiff in the sum of thirteen hundred and fiftyfive dollars debt and also the sum of fiftyfour 751100 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of thirteen hundred and fiftyfive dollars debt and also fiftyfour 75/100 dollars damage and also costs, that this judgment bear 10% and that execution issue therefor.

(Attached note glued in as follows)
I, Elisha Headlee public Administrator of Greene County, Missouri, and having in charge the estate of R.W. Bragg, deceased, do hereby relinquish all lean upon follow real estate belonging to Joseph Morris for which I have a judgment against the said Morris and in favor of the estate of the said R.W. Bragg, deceased, to wit commencing forty rods West of the SE corner of Section 14 on the line dividing Sections 14 & 23 thence North 80 feet to the place of beginning thence North 101 feet 6 inches,
(continued)

79
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 253 (cont)
thence West 20 poles, thence South 101 feet and 6 inches, thence East 20 poles to the place of beginning being a part of the SE 1/4 of the SE 1/4 of Section 14 Township 29 Range 22 this 29th day of December A.D. 1866.
Elisha Headlee pub admin
by A.M. Julian attorney

I, Elisha Headlee, public administrator of Greene County, Missouri, and having in charge the estate of R.W. Bragg, deceased, has this day assigned the within judgment to W.J. McDaniel and authorize him to prosecute the same this 21st day of August A.D. 1868. Elisha Headlee public administrator. Satisfied in full January 12, 1872
W.J. McDaniel.

p 253.
Jacob Gordon and W.D. Sparkman Plaintiffs
vs                                                   Civil Action
J.W. Rainey Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Defendants having failed to show cause why the interlocutory judgment rendered at the January term of this Court should be vacated and set aside and the necessity of a Jury being waived the cause is submitted to the Court sitting as a Jury, and the Court having examined the evidence adduced doth find that the Defendant is indebted to Plaintiffs in the sum of $2206 debt and $20.60 damage. It is therefore considered and adjudged by the Court that the Plaintiffs have and recover of and from Defendant their said debt of $2206 and $20.60 damage and costs of suit. And it further appearing to the Court that on the 27th July 1864 a Writ of Attachment was issued from this Court in this cause and was by the Sheriff of Green County, on the 24th November 1864 levied on the following real estate of Defendant viz NW 1/4 NW 1/4 Section 4 Township 28 Range 23 in Greene County. It is therefore considered and ordered by the Court that a special fi fa issue and that the real estate attached be sold to satisfy this judgment, that the judgment bear 10% interest.

p 254.
Ordered that D.D. Nicholson be excused from further attendance on the panel of Petit Jurors and that the Sheriff summon an additional Juror. In the matter of the Petition of Joseph Cravens Petition for relief from disability under Article 2 Section 3 Constitution
Now at this day comes on to be heard the petition filed in this matter and the Court having examined the said Petition doth find that the said narrator hath expressed his sympathy for kindred and friends who were engaged in executing and carrying on the late rebellion, and the Court further finds that the petition demis having been guilty of having or expressing any sympathy for the cause in which they were engaged. The Court being fully advised of and comney the promises doth consider and adjudge that the having feeling or expressing a sympathy for "kindred and friends" who are or have been engaged in the late rebellion on account of the wicked and criminal position in which they have placed themselves by rebelling against this Government is of itself the petition advising that he had no sympathy with cause in which they were engaged. No offense nor does it create any disability under the provisions of the Constitution of this State. It is therefore ordered and adjudged that the petition of the applicant be dismissed and that he pay the costs in this behalf.

80
GREENE COUNTY, MISSOURI CURCUIT COURT CASES

BOOK G
JULY TERM 1865
p 255.
State of Missouri Plaintiff
vs                                                   #1 Grand Larceny
John Daniel Defendant
Now at this day comes the Circuit Attorney and it appearing to the satisfaction of the Court that the said John Daniel is not the person against whom the Bill of Indictment was found by the Grand Jury. It is ordered by the Court that he be discharged from the conditions of his recognizance and go hence without day.

State of Missouri Plaintiff
vs                                                   #2 Grand Larceny
John Daniel Defendant
Now at this day comes the Circuit Attorney and it appearing to the satisfaction of the Court that the said John Daniel is not the person against whom the Bill of Indictinent was found by the Grand Jury. It is ordered by the Court that he be discharged from the conditions of his recognizance and go hence without day.

State of Missouri Plaintiff
vs                                                   #3 Grand Larceny
John Daniel Defendant
Now at this day comes the Circuit Attorney and it appearing to the satisfaction of the Court that the said John Daniel is not the person against whom the Bill of Indictment was found by the Grand Jury. It is ordered by the Court that he be discharged from the conditions of his recognizance and go hence without day.

p 255/256.
William J. McDaniel Plaintiff
vs                                                   Civil Action
The Bank of the State of Missouri Defendant
Now at this day this cause coming on to be heard the Plaintiff appearing by Baker and Julian his attorney and the Defendant being legally called comes not but made default and having failed to Plead, Answer or Demur it is ordered by the Court that the Plaintiff's petition be taken as confessed and true. Thereupon this cause conies to be heard upon the Plaintiff's petition so taken as confessed and true and upon the exhibits and proofs, and the Court being fully advised in the premises do find that the said petition of the Sheriff of Greene County, Missouri, which said stock was sold by said Sheriff by virtue of a Writ of Execution duly and legally issued by the Clerk of this Court against Samuel Fulbright, William L. Coker and Ephraim R. Fulbright the shares of which was sold as the property of said Ephraim R. Fulbright and find shares as the property of said Samuel Fulbright and that the said Plaintiff is now the legal owner of said Bank Stock and is entitled to have the same transferred to him on the books of said Bank. The Court further finds that the said Plaintiff has a legal right and is entitled to the sum of ninetyfive dollars the amount of two dividends struck on said stock since he so became the owner thereof. It is therefore ordered and adjudged by the Court here that the Defendant cause the stock aforesaid to be transferred to said Plaintiff upon the proper books of said Bank by the proper officer thereof within thirty days of the being served with a copy of this judgment. It is also considered and adjudged by the Court that the Plaintiff have and recover of the Defendant the sum of ninetyfive dollars and all costs and that execution issue therefor.

p 256.
State of Missouri Plaintiff
vs                                                   Auctioneering Without License
Oliver H. Scott Defendant
Now at this day comes on to be heard the demurer filed in this cause and the Court
(continued)

81
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 256 (cont)
being fully advised said demurrer is by the Court overruled and it is considered by the Court that the Defendant be required to make further answer in this cause.

State of Missouri Plaintiff
vs                                                   Felonious Assault
William Owen Defendant
Now at this day comes the Circuit Attorney who prosecutes and on his motion this cause is continued until next term of this Court Defendant being in U.S. Military Service.

Ordered by the Court that John Q. Appleby for cause shown be excused from further attendance on Grand Jury and that the Sheriff fill the pannell of said Jury.

p 257.
State of Missouri Plaintiff
vs                                                   #1 Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Defendant by attorney and by leave of Court files demurer to the Bill of Indictment in this cause, and the Court being fully advised said demurer is by t he Court overruled and the Defendant required to alter further answer in this Court.

State of Missouri Plaintiff
vs                                                   #3 Selling Goods Without License
Charles Jacobs Defendant
Now at this day comes the Circuit Attorney who prosecutes and says by leave of Court he will not further prosecute this cause. It is therefore considered by the Court that the same be dismissed, that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Goods Without License
Roland Bennett Defendant
Now at this day comes the motion to quash the indictment in this cause on to be heard and the Court being fully advised said motion is by the Court sustained and said Indictment quashed. It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

State of Missouri Plaintiff
vs                                                   Keeping Billiard Table Without License
Isaac Hoff Defendant
Now at this day the motion to quash the indictment in this cause coming on to be heard and the Court being fully advised said motion is by the Court overruled and the Defendant required to make further answer thereto.

p 258.
Now at this day comes into Court the Grand Jury and return into Court the following True Bill of Indictment viz State of Missouri vs G.W. Cooper for Manslaughter which is ordered on file and a capias to issue thereon and agreed to return to further consider of their presentments.

82
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 258.
State of Missouri Plaintiff
vs                                                   Robbery
Alfred Davidson Defendant
Now at this day personally appeared in Open Court Alfred Davidson, the above named Defendant, with Edwin L. Weaver, Bedford W. Henslee, William Massey, Lambert P. Ayers, Washington Merritt, Colley B. Holland and Josiah Davidson, whereupon the said Alfred Davidson as principal and the said Edwin L. Weaver, Bedford W. Henslee, William Massey, Lambert P. Ayers, Washington Merritt, Colley B. Holland and Josiah Davidson as securities acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of two thousand dollars to be levied of their respective goods and chattels, lands and tenements, means, effects and credits upon condition that said Alfred Davidson who was at the present term of this Court tried, convicted and sentenced to ten years imprisonment in the penitentiary of the State aforesaid for the Crime of Robbery in the first decree and who has appealed from the judgment of this Court rendered on the conviction aforesaid shall appear in person before the Judges of the Supreme Court to be holden at Jefferson City on the first Monday of January 1866 to receive judgment on the appeal and in the Circuit Court of Greene County, Missouri, if the Supreme Court aforesaid shall order at such time and place as such Court shall direct and shall render himself in exenti ________ and shall obey every order and judgment which shall be made in the promises there. This recognizance to be void otherwise to be in full force and effect.

Ordered that Court adjourn until Monday morning 9 o'clock a.m. S. H. Boyd Cir Judge.

p 259. July 17th 1865
Court met pursuant to adjournment. Present as on yesterday.

Ordered by the Court that R.B. Mack for cause shown be excused from attending as a Petit Juror until Monday next.

Thomas H. Gideon Plaintiff
vs                                                   Civil Action
Anna Gray Defendant
Now at this day comes the Plaintiff in this cause by attorney and by leave of Court files his petition in this cause alleging the detention of certain personal property claimed by Plaintiff now in possession of Defendant, and it is ordered by the Court that a Writ of Summons and an order for the delivery of said property to Plaintiff be issued and delivered to the Sheriff to execute.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day motion for a new trial in this cause coming on to be heard and this Court being fully advised said motion is by the Court sustained and it is ordered by the Court that a new trial in this cause be granted.

State of Missouri Plaintiff
vs                                                   Keeping Gaming Table
Joseph F. Oneal Defendant
Now at this day the motion for a new trial in this cause coming on to be heard and the Court being fully advised said motion is by the Court overruled and a new trial refused.

83
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
July 17th 1865
p 260.
State of Missouri Plaintiff
vs                                                   Treason
Josiah Leedy Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute this suit on account of the death of Defendant. It is therefore considered and adjudged by the Court that the same be dismissed that the State take nothing by her suit and that the securities of Defendant be discharged from liability on this recognizance.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Peter Goff Defendant
Now at this day comes the Circuit Attorney who prosecutes and says he will not further prosecute this cause on account of the death of Defendant. It is therefore considered that the same be dismissed that the State take nothing by her writ and that the recognizance be discharged from any liability on this recognizance.

State of Missouri Plaintiff
vs                                                   Murder
William Frazier Defendant
Now at this day comes the Circuit Attorney who prosecutes and says be will not further prosecute this cause on account of the death of Defendant. It is therefore considered that the same be dismissed that the State take nothing by her writ and that the recognizance be discbarged from any liability on this recognizance.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Daniel Chandler Defendant
Now at this day comes the Circuit Attorney and says by leave of Court he will not further prosecute this suit. It is therefore considered and alledged that the same be dismissed that the Defendant be discharged hereof and go hence without day.

p 261.
State of Missouri Plaintiff
vs                                                   Felonious Assault
C.B. Henslee Defendant
Now at this time comes the Defendant by attorney and files a motion to quash the indictment in this cause and the Court being advised in the premises said motion is by the Court overruled and Defendant required to make further answer. Whereupon the Defendant by leave of Court files his Bill of Exceptions to the ruling of the Court.

State of Missouri Plaintiff
vs                                                   Manslaughter
George W. Cooper Defendant
Now at this day comes into Open Court the said Defendant George W. Cooper as principal and William T. Ward, Green B. Philips, Thomas K. Perryman, George W. Thomas, Gideon Combs, Joseph H. Goodin, Alsey Oneal, Martin Brudice, William W. Woodward, F.J. Milligan, W.W. Matherly, John A. Stokes and James Kitrue as securities who severally acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of two thousand dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said George W. Cooper who stands indicted in the Greene Circuit Court for manslaughter shall be and make his personal appearance before the
(continued)

84
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 261 (cont )
Judge of the Greene Circuit Court at the Court House in Springfield, Missouri, on the first day of the next term thereof which will be holden on the first Monday in January 1866 and answer said Indictment and not depart said Court without leave.

Nelson Burkhart Plaintiff
vs                                                   Civil Action
Samuel Miller et al Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Henry Liles, James Blythe, William R. Ogden, M. Burns, W.R. Burns and Addison Brown. It is therefore considered by the Court that the same be dismissed as to said Defendants and that they have and recover of and from Plaintiff their costs in this behalf and that they have an execution therefor.

p 262.
Now at this day it is ordered by the Court that James K. Alsup be sworn as a member of the Grand Jury which is accordingly done.

p 262/263.
Page Wood Plaintiff
vs                                                   Civil Action
Samuel Herrald Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and the Defendant having failed to show any cause why the interlocutory judgment heretofore rendered by this Court should be set aside and the use of a Jury being waived the cause is submitted to the Court and from an examination of the evidence adduced the Court doth find that the Defendant is indebted to Plaintiff in the sum of two hundred and three dollars debt and also thirty one and 71/100 dollars damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of two hundred and three dollars and his damage of thirty one 71/100 dollars and also his costs, that this judgment bear 10% and that an execution issue therefor.

p 263.
State, to use of Elisha Headlee
public admin, estate Joseph Cannefax
vs                                                   Civil Action
James Franklin, James G. Dollison et al
Now at this day comes the Defendants James Franklin and James G. Dollison by allowing and by leave of Court file their answer in this cause.

State of Missouri Plaintiff
vs                                                   Felonious Assault
Calvin B. Henslee Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant who for a plea says he is not guilty and thereupon came a Jury viz A.B. Matthews, George Wiley, William Reynolds, William McDaniel, W. Wallace, Eli Spoon, A.A.C. McElhaney, N.C. Chaffin, E. Painter, H. James, W.F. Dunn and J. Dyer twelve good and lawful men who being duly elected and sworn as provided by the Constitution to try the issue joined having heard the testimony and instructions of Court say that they cannot agree upon a verdict whereupon said Jury is by the Court discharged.

85
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK G
JULY TERM 1865
p 263.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Jack Wills Defendant
Now at this day comes the said Defendant as principal and M.C. Goss and Thomas Rogers as his securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of two hundred dollars to be levied of their goods and chattels lands and tenements to be void on condition that the said Defendant Jack Wills who stands indicted in this Court for Grand Larceny shall be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield at the next term thereof to be holden on the first Monday in January 1866 and answer said Bill of Indictment and not depart said Court without leave.

p 264/265.
Robert P. Franklin Plaintiff
vs                                                   Civil Action
Peter C. King Defendant
Now at this day comes the said Plaintiff by attorney and this cause coming on for a final hearing and the said Defendant having failed to show any cause why the interlocutory judgment rendered at the last term of this Court should be vacated or set aside and the cause being submitted to the Court a Jury having been waived. The Court sitting as a Jury having examined the petition and exhibits filed and heard the evidence adduced doth find that the said Defendant is indebted to Plaintiff on account of money and interest paid by Plaintiff for definition on a note made payable to one S.S. Vinton signed by Plaintiff and Defendant in the sum of two thousand and ninety dollars debt and one thousand and ninety seven 34/100 dollars damage. The Court doth further find that said Defendant on the 25th day of February 1861 sign exentee acknowledge and deliver to Plaintiff a mortgage deed for the following real estate to servehim said Plaintiff as his security as aforesaid viz the one undivided half of Lots No two (2) and three (3) NW fcl 1/4 Section 6 Township 29 Range 20 excepting 13 acres off of the North part of Lot No 3. Said mortgage deed to be void if said P.C. King should pay said note signed by Defendant as principal and this Plaintiff as security together with all interest that might accrue thereon and in all things save and hold hamless his said security. The Court doth find that the conditions of said mortgage have been forfeited and that a right to foreclosure of the same has thus accrued to the Plairiiff. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant his said debt of two thousand and ninety dollars his damage of one thousand and ninety seven 34/100 and also his costs in this behalf. That the Equity of Redemption in the real estate herein described be forever foreclosed and that a special fi fa issue to sell the same and in default of said real estate satisfying this judgment that a general execution issue against the goods, chattels and effects of said Defendant and that this judgment bear ten percent.

p 265.
Ordered that the Court adjourn until tomorrow morning 8 o'clock. S.H. Boyd Cir Jud.

July 18th 1865
Court met pursuant to adjournment. Present as on yesterday.

John R. Cox Plaintiff
vs                                                   Civil Action
D.C. Brewster Defendant
Now at this day comes on to be heard the motion to quash the execution filed on yesterday and the Court being fully advised said motion is by the Court sustained and said execution quashed and it is ordered that the Sheriff make return thereof accordingly.

86

July Term Continued
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