Abstract of Circuit Court Record Books January - July 1866

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

July Term 1866.
Book G

p 702.
Now at this day it is ordered by the Court that William Gardner be fined the sum of one dollar for Contempt of Court in not obeying a subpoena regularly served on him from this Court.

Now at this day it is ordered by the Court for good and sufficient cause shown that the fine of one dollar imposed on William Gardner for a Contempt of this Court be remitted.

Now at this day it is ordered by the Court that all Indictments pending in this Court against any person wherein the offense charged in the Indictment is for Selling Liquors Without Having Given Bond and taken the required oath as prescribed by a certain act of the Legislature of Missouri be continued until the next term of this Court.

p 703.
State of Missouri Plaintiff
vs                                                   Selling Goods Without License
Z. Sims Defendant
Now at this day the motion to dismiss this cause for want of prosecution on part of the State coming on to be heard the same is by the Court sustained. It is therefore considered by the Court that the State take nothing by her suit and that the Defendant be discharged and go hence without day.

B.L.Z. Ingram Plaintiff
vs                                                   Petition for Partition
J.W. Peacher et al Defendant
Now at this day comes J. Lindenbower, attorney in this cause and for good cause shown it is ordered that an additional allowance of thirty dollars be allowed as attorney fee.

State of Missouri Plaintiff
vs                                                   Grand Larceny
A.F. Church Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and by attorney and having been duly arraigned the said Defendant for a plea says he is not guilty and of this puts himself on the Country and the Circuit Attorney doth the same whereupon come a Jury vis George Murrell, P.L. Anderson, J.D.L. Wiley, J. Longcrier, A. West, Martin Ingram, J.P. Culbertson, Michael Johnson, Francis Evans, F.M. Shockley, S.M. Campbell and P.J. Wise, twelve good and lawful men who being duly elected tried and sworn as the Law requires having heard the evidence and instructions of the Court return and say they cannot agree on a verdict whereupon by consent of Counsel the said Jury are by the Court discharged from the further consideration of their verdict.

p 704.
State of Missouri Plaintiff
vs                                                   Perjury
Stephen Blackman Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his demurer to the Bill of Indictment in this cause.

Motions filed
C.W. Warren vs John S. Phelps -- motion for bond
C.W. Warren vs John S. Phelps -- Defendant files answer
W.F. Steel vs J.D. Sharp -- strike out part of Defendant's answer
(continued)

138
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 704 (continued)
State of Missouri vs Samuel Rush -- Recognizance from J.P.
E. Fribourg vs Frank Klotz et al by -- Defendant strike out petition of Plaintiff

p 705.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Charles C. Moss Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and the said Defendant being three times solemnly called comes not butherein makes default, and Frederick W. Scholten, his security in the bail bond being also three times solemnly called and required to bring in to Court the body of the said Charles C. Moss also comes not but herein makes default. It is therefore considered by the Court that the said recognizance of the said Charles C. Moss on F.W. Scholten, as security, did on the 29th day of January 1866 enter into a bond in the sum of five hundred dollars to be levied of their goods and chattels, lands and tenements to be void on condition that the said Charles C. Moss Should be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Greene County, Missouri, on the first day of the present term of this Court and answer to a Bill of Indictment for a felonious assault and not depart said Court without leave, which said bond was duly approved by Benjamin Kite Justice of the County Court. It is therefore considered by the Court that a Writ of scira facias issue to the said Charles C. Moss and F.W. Scholten notifying them that the bond of five hundred dollars has been by them forfeited to the State of Missouri and that they be and appear before the Judge of the Greene Circuit Court on the first day of the next Term of said Court which commences on the third Monday in January 1867 and sho cause if any they have why said forfeiture should be set aside, otherwise said forfeiture will be made absolute and a final judgment rendered against them for said sum of five hundred dollars and costs.

p 705/706.
State of Missouri Plaintiff
vs                                                   Perjury
B.G. Sims Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and the said Defendant being three times solemnly called comes not butherein makes default, and Francis M. Watson, his security in the bail bond being also three times solemnly called and required to bring into Court the body of said B.G. Sims, also comes not but herein makes default. It is therefore considered by the Court that the said recognizance of the said B.G. Sims and Francis M. Watson be forfeited to the State of Missouri and it appearing to the Court that the said B.G. Sims, as principal, and Francis M. Watson, as security, did, on tbe 8th day of September 1865 enter into a bond to the State of Missouri in the sum of one thousand dollars to be bond of their goods and chattels, lands and tenements to be void on condition that the said B.G. Sims should be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield, Greene County, Missouri, on the first day of the next Term thereafter which commenced on the first Monday in January 1866 and answer to a Bill of Indictment against him for perjury and not depart said Court without leave. It is therefore ordered by the Court that a Writ of scira facias issue to the said B.G. Sims and Francis M. Watson notifying them that the said recognizance has been forfeited to the State and that they be and make their personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next Term thereof which commences at the Court House in Springfield on the third Monday in January 1867 and show cause if any they have why said forfeiture should be set aside otherwise the same will be made
(continued)

139
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 705/706 (cont)
final and absolute and judgment be rendered against them for the said sum of one thousand dollars and costs.

Ordered that Court adjourn to tomorrow morning 9 o'clock. R.W. Fyan Cir Judge

p 707.
Court met persuant to adjournment present as on yesterday.

James Gaskins Plaintiff
vs                                                   Civil Action
Charles Oneal Defendant
Now at this day comes the Plaintiff bv his attorney and by leave of Court says he will not further prosecute this cause. It is therefore considered by the Court that this cause be dismissed at the costs of the Plaintiff and that the Defendant have and recover of and from the Plaintiff his costs of suit and that execution issue for the same.

State of Missouri Plaintiff
vs                                                   Manslaughter
George W. Cooper Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and the Defendant by his attorney and files his application and affidavit asking that the Venue in the above cause be changed to some other County in this Circuit alleging in said affidavit that the inhabitants of this County are so prejudiced against hirn that he cannot obtain a fair trial in this County. It is therefore ordered by the Court that a Change of Venue be awarded in this cause to the Circuit Court of Webster County, Missouri, and that the Clerk of this Court certify this cause with the records and papers therein to the Circuit Court of said County as the Law directs.

p 707/708.
State of Missouri Plaintiff
vs                                                   Recognizance of State Witnesses
George W. Cooper Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and Mary Tidwell, Richard Tidwell, Francis Tidwell and Nancy Tidwell who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be levied of their goods and chattels, lands and tenements, to be void on condition that they shall make their appearance before the Judge of the Circuit Court of Webster County, Missouri, which will be begun and held at the town of Marshfield in said County on the fourth Monday in August 1866 and testify on part of the State in the above cause and not depart said Court without leave.

p 708.
Eugene Fribourg Plaintiff
vs                                                   Bill of Exceptions Filed
Frank Klots et al Defendant
Now at this day comes the Plaintiff in the above cause by his attorney and by leave of the Court files his Bill of Exceptions in this cause.

Eugene Fribourg Plaintiff
vs                                                   Civil Action
Franklin K1ots et al Defendant
Now at this day comes the Plaintiff in the above cause and by his attorney and leave is given Plaintiff until the next term of this Court to file an amended petition in this cause until which time this cause is continued.

140
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 708.
Indictments:
State of Missouri vs Benjamin Ross -- Circuit Attorney Files Answer

State of Missouri vs Orville Lyon -- Circuit Attorney files Demurer

State of Missouri vs No. 168, James Kelley, James Hays -- Defendant motion overruled

p 708/709
State of Missouri vs William Hood, W.R. Lee Motion to quash overruled.

p 709.
State of Missouri vs W.R. Lee, Jno C. Clybourne -- motion to quash overruled
State of Missouri vs W.R. Lee -- cause continued
State of Missouri vs Robert Dillinger -- cause continued
State of Missouri vs James Swift -- motion to quash overruled
State of Missouri vs Orville Lyon -- Circuit Attorney Demurrer overruled

p 710.
State of Missouri vs Orville Lyon -- Circuit Attorney files his answer
State of Missouri vs Thomas H. Bradley -- Cause continued
A Cohen vs Frank Klots et al H. Skeen, -- Garnishee files his separate answer.
Eugene Fribourg vs Frank Klotz et al H. Skeen, -- Garnishee files his separate answer
Ebenezer Phillips vs Alfred Horseman et al -- Defendant plea in abatement
State of Missouri vs J.G. Perryman et al -- cause continued.

p 711. July 20th 1866.
State of Missouri Plaintiff
vs                                                   Recognizance of State Witness
Thomas H. Bradley Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and Sarah Lively, Sarah Akin and James H. Akin who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be levied of their goods and chattels lands and tenements to be void on condition that they be and appear before the Judge of the Circuit Court of Greene County, Missouri, on the first day of the next term thereof which will be begun and held at the Court House in the City of Springfield, Greene County Missouri on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.

Causes continued:
State of Missouri vs J.C. Perryman et al
State of Missouri vs A.F. Church and Charles Hoenick
State of Missouri vs R. Brown et al

p 712.
State of Missouri Plaintiff
vs                                                   Recognizance State Witness
R. Brown et al Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and Josiah Burney who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels, lands and tenements to be void on condition that the said Josiah Burney shall make his personal appearance before the Judge of the Circuit Court of Greene County Missouri, on the first day of the next term thereof which will be begun and held at the Court House in the City of Springfield, Greene County, Missouri on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.

141
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 712.
State of Missouri Plaintiff
vs                                                   Recognizance of State Witness
Samuel Richards Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and Josiah Burney who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels, lands and tenements to be void on condition that the said Josiah Burney shall make his personal appearance before the Judge of the Circuit Court of Greene County, Missouri, on the first day of the next term thereof which will be begun and held at the Court House in the City of Springfield, Greene County, Missouri, on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Samuel Richards Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and on his application this cause is continued until the next term of this Court.

p 7l2/7l3.
State of Missouri Plaintiff
vs                                                   Change of Venue Recognizance
A.J. Smith Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and Josiah Burney who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels, lands and tenements to be void on condition that the said Josiah Burney shall make his personal appearance before the Judge of the Circuit Court of Greene County, Missouri, on the first day of the next term thereof which will be begun and held at the Court House in the City of Springfield, Greene County, Missouri, on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.

p 713.
State of Missouri Plaintiff
vs                                                   Indictment
William H. Worrell Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and the Defendant in person and by his attorney and the said Defendant for a plea says he is not guilty in manner and form as charged in the Indictment and having announced ready for trial and neither party requiring a Jury the cause is submitted to the Court and the Court setting as a Jury doth find from an examination of the same that the Defendant is not guilty. It is therefore considered and adjudged that the said Defendant be discharged hereof and go hence Without day and that the State of Missouri take nothing by her said suit.

p 714.
State of Missouri Plaintiff
vs                                                   on Garnishee
J.R. Douglas Defendant
Now at this day comes the Circuit Attorney and it appearing from the answer of Joseph R.
(continued)

142
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
July 20 1866
p 714 (cont.)
Douglas as Garnishee that he had in his hands an amount of money belonging to one Robert Young sufficient to satisfy the execution in the hands of the Sheriff in favor of the State and against said Robert Young. It is considered and adjudged by the Court that the State of Missouri have and recover of and from said Garnishee Joseph R. Douglas the sum of $30.45 the amount of her said execution in costs against the said Robert Young that she have an execution therefor and that the said Garnishee have allowed him as a fee the sum of five dollars for answering said garnishee without any balance in his hands belonging to said Robert Young.

State of Missouri Plaintiff
vs                                                   Indict for Murder
George W. Cooper Defendant
Now at this day comes George W. Cooper as principal and William T. Waid, James A. Kellum, N.A.H. Murphy and John J. Campbell as his securities who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifteen hundred dollars to be levied 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 and who has taken a Change of Venue to the Circuit Court of the County of Webster shall be and make his personal appearance before the Judge of the Webster County Circuit Court on the first day of the next term thereof which commences at the Court House in Marshfield on the fourth Monday in August 1866 and answer said bill of indictment and not depart said Court without leave.

p 714/715.
State of Missouri Plaintiff
vs
J. Wills Defendant
Now at this day comes A. Parsons a witness on part of Defendant who acknowledges himself indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels, lands and tenements to be void on condition that he be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which commences on the 5th Monday in July 1867 and testify in the above entitled cause and not depart without leave.

State of Missouri Plaintiff
vs                                                   Felonious Assault
L.A.D. Crenshaw Defendant
Now at this day comes Nelson Burkhart, a witness on part of the State, who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels lands and tenements to be void cn condition that he be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on thE first day of the next term of this Court which commences on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.

p 716.
State of Missouri Plaintiff
vs
Hiram Samuels Defendant
Now at this day comes William H. Beal, a witness on behalf of the State, who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels lands and tenements to be void on condition that
(continued)

143
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 716 (cont).
he be and make his personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term of this Court which commences on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Joseph L. Martin Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant in person and the said Defendant having informed the Court that he was unable to employ Counsel, the Court doth assign H.J Lindenbower, J.C.L. Colby as Counsel for the said Defendant. Thereupon came the said Defendant in person and by attorney and announced ready for trial and having been duly arraigned for a plea says he is not guilty and puts himself upon the Country and the Circuit Attorney doth the same whereupon came a Jury vis Thomas Hagewood, J.D.L. Wiley, J. Vaughn, R.A. McClure, Martin Ingram, J, Adams, A.B. Matthews, Z. Roberts, H.L. Trantham, F.M. Shockley, Robert Page and D.R. Riggs, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issue joined having heard the evidence and the instructions of Court upon their oath say "We the Jury find the Defendant guilty in manner and form charged and assess his punishment at two years in the State Penetentiary." It is therefore considered and adjudged by the Court that the said Defendant be sentenced to imprisonment in the State Penetentiary for the term of two years and that the State have and recover of and from Defendanther costs in this behalf laid out and expended and have an execution therefor.

p 717
State of Missouri Plaintiff
vs
Hiram Samuels Defendant
Now at this day comes Thomas Hickman and Isaac Hickman witnesses on behalf of the State who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be levied of their goods and chattels, lands and tenements to be void on condition that they be and make their personal appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof which commences on the third Monday in January 1867 and testify in the above entitled cause and not depart said Court without leave.

R.A.C. Mack
vs                                                   Petition for Partition
E. Headlee et al
Now at this day came the minor Defendants by their Guardian ad litem and leave of Court file their answer in this Court,

E. Friebourg Plaintiff
vs                                                   Civil Action
Frank Klotz et al Defendant
Now at this day comes the Plaintiff by attorney and dismisses the garnishee as to J.S. McQuerter and J.G. Aumuth and it is ordered by the Court that twenty dollars be allowed to the Garnishee H. Skeen as fee for answering the garnishment in this cause and that he have judgment for the same against said Plaintiff and his security P.U. Jarrard and James Vaughn and have execution therefor.

144
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 718.
J.C. Logan
vs                                                   Civil Action
H. Small et al
Now at this day comes the parties by attorney and it appearing that the Judge of this Court has been of Counsel in this cause, It is ordered that a Change of Venue be awarded to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the record and original papers to said Court as the Law directs.

A.M. Robertson
vs                                                   Civil Action
H. Small et al
Now at this day comes the parties by attorney and it appearing that the Judge of this Court has been of Counsel in this cause. It is ordered that a Change of Venue be awarded to the Probate and Common Pleas Court of Greene County and that the Clerk of this Court certify the record and original papers to said Court as the Law directs.

p 719.
(Divorce Petition Emily S. Simmons vs Augustus Simmons -- Previously extracted)

Ordered by the Circuit Court that adjourn until tomorrow morning.
R.W. Fyan Circuit Judge

p 720. Saturday July 21st 1866.
Court met persuant to adjournment. Present as on yesterday

Asa Lyman Plaintiff
vs                                                   Civil Action
John C. Thompson et al Defendants
Now at this day comes on to be heard the motion heretofore filed by Defendant to vacate and quash the execution in this cause and the Court being fully advised on and concern ing the same, said motion is sustained and said execution quashed as to John C. Thompson, one of the Defendants in this cause.

State of Missouri Plaintiff
vs                                                   Civil Action
J.L. Martin Defendant
Now at this day comes the Defendant in this cause by his attorney and by leave of Court files his motion for a new trial in this cause,

p 721.
State of Missouri Plaintiff
vs                                                   Indictment
Richard Clark Defendant
Now at this day comes on to be heard the motion of the Defendantheretofore filed in this cause asking to be permitted to take the benefit of an act for the relief of insolvent debtors in custody of the Sheriff in criminal cases and all and singular the same being by the Court seen and fully understood, said motion is by the Court sustained and the Defendant ordered to be released from further custody of the Sheriff in this cause.

State of Missouri Plaintiff
vs                                                   Indictment
Orvill Lyon Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and the Defendant in his own proper person and by his attorney and this cause coming on to be heard on
(continued)

145
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOKG
JULY TERM 1866
p 721 (cont)
the plea in bar of the Defendant filed to the Indictment in this cause and the Court being fully advised of and concerning the same, said Plea in bar is by the Court sustained. It is therefore considered and adjudged by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

p 721/722.
State of Missouri Plaintiff
vs                                                   Grand Larceny
John Massengill Defendant
Now at this day comes the Circuit attorney who prosecutes for the State and the said prisoner being brought before the Court says he is unable to employ Counsel whereupon the Court doth assign A.M. Jul ian and J.O. Day as attorney for Defendant. Whereupon comes the said Circuit Attorney and Defendant in person and by attorney and being ready for trial the Defendant being duly arraigned for a plea says he is not guilty, and of this puts himself on the Country and the Circuit Attorney doth the like, whereupon came a Jury, viz: Thomas Hagewood, J, Longener, Isaac Dyer, John Adams, M. Johnson, Z. Roberts, F. Evans, F.M. Shockley, P.J. Weis, W. F. Warner and M. Hughes, twelve good and lawful men who being duly elected and tried and sworn as the Law directs, having heard the evidence and instructions of the Court, upon their oath say "We the Jury find the Defendant guilty in manner and form charged and assess his punishnent at two years imprisonment in the State Penetentiary of Missouri." It is therefore considered and
adjudged by the Court that the Defendant be sentenced to the State Penetentiary for two years and that the State of Missouri have and recover of and from Defendanther costs laid out and expended and that she have an execution therefor.

p 722.
Now at this day comes the Grand Jury and return into Court a True Bill of Indictment against Samuel Cooper for Petit Larceny which is ordered on file and capias issue.

E.W. Bodenhamer et al
vs                                                   Petition for Partition
W.F. Bodenhamer et al
Now at this day comes the Plaintiffs by attorney and on their motion an alias writ is ordered to Webster County for W.F. Bodenhamer, Walter Gault, Nellie Gault, P.G. Bodenhamer and it is further ordered that Marcus Boyd be appointed Guardian ad litem for John Neaves, Christian Neaves and Emma Neaves, minor Defendants and heirs of May M. Neaves, formerly May M. Bodenhamer.

Now at this day comes S.C. Lusk in his own proper person and by leave of Court files his Petition asking to be relieved of certain disabilities imposed by 1st and 3rd Sections of Second Article of the Constitution of this State. It is therefore ordered by the Court that said cause be set for a hearing on Tuesday the 24th of July during the present term of this Court.

Alson S. Burny as curator of William
Burny, Christopher C. Burny, John F.
Burny, James R.M, Burny &
Benjamin H. Burny, minor heirs of Petition for Sale of Real Estate
Louisa M. Burny expartee
Now at this day comes the said Curator by his attorney and by leave of Court files his Petition for the sale of the following real estate of said minor heirs viz:
(continued)

146
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY T ERM 1866
p 722 (cont)
N 1/2 SW 1/4 and S 1/2 SW 1/4 Section 17 Township 30 Range 24, SW 1/4 SE 1/4 and SE 1/4 SE 1/4 Section 5 Township 29 Range 24 for the purpose of reinvesting the proceeds thereof. It is ordered by the Court that a hearing of the cause be had on the 28th day of July thus being the twelfth day of the present term.

p 723.
Nelson McCall Plaintiff
vs                                                   Civil Action
J.W. Rainey & Isaac N. Jones Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to J.W. Rainey and it appearing to the Court that the Defendant Isaac N. Jones has been personally notified of the commencement of this suit more than fifteen days before the first day thereof and the extended time for pleading having expired and he having failed to plead, answer or demur to Plaintiff's petition, the same is taken as true and it being founded on a promissory note signed by Defendant the Court doth find from the same that the Defendant is indebted to Plaintiff in the sum of four hundred seventeen dollars and fifty two cents debt and two hundred twelve dollars and fifty seven cents damage. It is therefore considered and adjudged by the Court that the said Plaintiff have and recover of and from Defendant the said sum of four hundred seventeen dollars and fifty two cents debt and two hundred twelve dollars and fifty seven cents damage and also costs that this judgment bear 10% interest and that execution may issue therefor.

John W. Danforth admin of
James R. Danforth Plaintiff
vs                                                   Civil Action
Harriett Smith, D.C. Smith,
P.R. Smith Defendants
Now at this day comes the Plaintiff by attorney and bv leave of Court dismisses this cause as to D.C. Smith and P.R. Smith, and it appearing to the Court that the Defendant Harriett Smith bad been personally notified of the pending of this suit more than fifteen days before the first day thereof and the extended time of pleading having expired and the Defendant having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and it being founded on an instrument of writing signed by Defendant the Court doth find that Defendant is indebted to Plaintiff in the sum of six hundred seventy five dollars debt and three hundred seventyfive damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said debt of six hundred seventy five dollars and three hundred and seventyfive dollars damages and also his costs in this behalf laid out and expended and that he have execution therefor and this judgment be at ten percent.

p 724.
James Gilmore Plaintiff
vs                                                   Civil Action
William Gorsuch & John R. Earnest Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendants had been duly notified by personal service of the pending of this suit more than fifteen days before the first day of the present term and having failed to plead, answer or demur to Plaintiff's petition the same is taken as true and the same being founded on a promissory note signed by Defendants, the Court from an examination of the same doth find that Defendants are indebted to Plaintiff for the sum of two hundred and sixty dollars and eightyseven cents debt and one hundred eightynine dollars and thirteen cents damages. It is therefore considered and adjudged by the Court that the Plaintiff
(cont)

147
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 724 (cant.)
have and recover of and from the Defendant the said debt of two hundred and sixty dollars and eighty seven cents debt and one hundred eighty nine dollars and thirteen cents damage and also his costs in this behalf laid out and expended and that he have execution therefor and this judgment be at ten percent.

Edwin L. Weaver Plaintiff
vs                                                   Civil Action
James S. McQuerter Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant had been personally notified of the pending of this suit more than fifteen days before the first day of this court and the extended time of pleading having expired and he having failed to plead, answer or demur to Plaintiff's petition and it being founded on a promissory note signed by Defendant the Court from an examination of the same doth find that Defendant is indebted to Plaintiff in the sum of $246.84 debt and $13.71 damages. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from the Defendant the said debt of $246.84 and damages of $13.71 and also his costs in this behalf laid out and expended and that he have execution therefor and this judgment be at 10%.

p 724/725.
Charles A. Haden Plaintiff
vs                                                   Civil Action
William A. Carr & F.M. Carr Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the Court that the Defendant F.M. Campbell not having been served notice it is ordered that this cause be dismissed as to him. And it appearing that the said Defendant William A. Carr had been personally notified of the pendency of this suit and having failed to plead, answer or demur to Plaintiff's petition the extended term of pleading having expired the same is taken as true and it being founded on a promissory note signed by Defendant the Court doth find that Defendant is indebted to Plaintiff in the sum of $720 debt and $21.60 damage. It is therefore considered and adjudged by the Court that the Plaintiff have and recover of and from Defendant his said debt of $720 and also his damage of $21.60 and costs and that execution issue therefor.

p 725.
State of Missouri Plaintiff
vs                                                  Petit Larceny
Samuel Cooper Defendant
Now at this day comes the Defendant Samuel Cooper as principal and James S. McQuerter as security who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $100 to be levied of their goods and chattels, lands and tenements to be void on condition that the said Samuel Cooper who is indicted in the Greene Circuit Court for Petit Larceny shall be and make his personal appearance before the Judge of the said Court at the Court House in Springfield on the first day of the next term of this Court which commences on the third Monday in January 1867 to answer said Indictment and not depart said Court without leave.

Ordered that Court adjourn until Monday Morning the 23rd July at 8 o'clock.
R.W. Fyan Circuit Judge.

148
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 726. July 23rd 1866
Court met persuant to adjournment. Present as on Saturday.

L.H. Freeman
vs                                                   Civil Action
B.W. Henslee et al
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of the Court files his amended petition in this cause and it is ordered by the Court that W.B. Roper be made a party Defendant in this cause.

p 727.
State of Missouri Plaintiff
vs                                                   Recognizance State Witness
Benjamin Ross Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and M.W. Ritchie who acknowledges himself to owe and stand indebted unto the State of Missouri in the sum of fifty dollars to be levied of his goods and chattels, lands and tenements to be void on condition that he shall be and appear before the Judge of the circuit Court of Greene County, Missouri, on the first day of the next Term thereof which will begin and be held at the Court House in the City of Springfield, Greene County, Missouri, on the third Monday in January 1867 and testify in the above cause on part of the State and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Indictment
James H. Fagg Defendant
Now at this day comes on to be heard the motion heretofore filed by the Defendant to quash the Indictment in this cause and all and singular the premises therein being by the Court seen and fully understood said motion is by the Court overruled.

Motions filed
Asa Lyman vs John C. Thompson et al and John Gibson, garnishee
M.C. Peck vs J.H. & P.H. Show
R.A.C. Mack et al vs Elisha Headlee et al

p 728.
State of Missouri vs James H. Fagg -- Bill of Exceptions filed
J.H. Campbell vs Thomas Taylor -- cause dismissed
J.A. Mack vs D.N. Fulbright & R.J. McElhaney -- Interrogations
J.A. Mack vs D.N. Fulbright & W.J. McDaniel -- files answer
A. Cohen vs F. Klotz et al -- files answer James S. McQuerter, garnishee
State of Missouri vs James H. Fagg -- Affidavit for Change of Venue

p 729.
State of Missouri vs Thompson and Elliott -- Motion for new trial overruled.
H. & R.B. Whittamore S.H. Boyd -- Plaintiff files amended petition
State of Missouri to use of Elisha Headlee pub. admin vs John S. Richmond Ct al, -- Defendants file separate answers.

State of Missouri Plaintiff
vs                                                   Recognizance of State Witnesses
Young A. Sanders Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and D. Harris,
(continued)

149
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866. 23 July 1866.
p 729 (cont)
A.A. Lawson and J.P. Hayes who acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of fifty dollars each to be levied of their goods and chattels, lands and tenements to be void on condition that they shall appear before the Judge of the Greene Circuit Court on the first day of the next Term thereof which will be begun and held at the Court House in the town of Springfield in said County on the third Monday in January 1867 and testify in the above cause on the part of the State of Missouri and not depart said Court without leave.

p 730.
John C. Price Plaintiff
vs                                                   Appeal from J.P. Court
John W. Payne Defendant
Now at this day comes the Plaintiff by his attorney and dismisses this cause as to M.M. McClure and this cause is remanded to the Court below for a new trial.

John Boone et al Plaintiff
vs                                                   Civil Action
Mary Boone et al Defendant
Now at this day comes the Defendant by attorney in the above cause and on his application it is ordered by the Court that A.M. Julian be appointed Guardian ad litem for Charles Boone and James Boone minor heirs of Benjamin Boone, deceased,

State of Missouri Plaintiff
vs                                                   Selling Liquor on Sunday
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney and having announced ready for trial thereupon came a Jury viz Thomas Hagewood, J. Longcrier, A. West, A.B. Matthews, Michael Johnson, Z. Roberts, H.L. Trantham, F. Evans, F.M. Shockley, A.J. Potter, J.C. Richardson, R.A. McClure, twelve good and lawful men who being duly elected tried and sworn as the Law directs upon their oath say `We the Jury find the Defendant not guilty." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that the Defendant be discharged hereof.

p 731.
State of Missouri Plaintiff
vs                                                   Grand Larceny
L.A. Robertson Defendant
Now at this day comes the Circuit attorney who prosecutes and also Defendant in person and by attorney who being ready for trial and having been duly arraigned for a plea says he is not guilty whereupon came a Jury viz Jeff Kinser, J. Vaughn, M. Ingram, H.L. Trantham, F. Evans, R. Pate, W.F. Warner, A.J. Potter, L. Gurby, D. Headlee, William Kirshner and Thomas Hagewood, twelve good and lawful men who being duly elected, tried and sworn as the Law requires having heard the evidence on their oath say "We the Jury
find the Defendant not guilty as charged in the Indictment." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that the Defendant be discharged hereof.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Joseph Mullinax Defendant
Now at this day comes the Circuit Attorney who prosecutes and also Defendant in person and by attorney who being ready for trial and having been duly arraigned for a plea says
(continued)

150
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 731 (cont).
be is not guilty whereupon came a Jury viz Jeff Kinser, M. Ingram, M.J. Johnson, Z. Roberts, H.L. Trantham, F. Evans, Robert Pate, P.J. Wise, A.J. Potter, W.P. Warner, J. Dyer, A.B. Matthews, twelve good and lawful men who being duly elected, tried and sworn as the Law requires having heard the evidence on their oath say "We the Jury find the Defendant not guilty as charged in the Indictment." It is therefore considered and adjudged by the Court that the State take nothing by her suit and that the Defendant be discharged hereof.

Lindsey Nichols
vs                                                   Correction Sheriff's Deed
Greenberry Phelps
Now at this day comes J.A. Patterson Sheriff of Greene County and asks leave of the Court to correct error in Sheriff's Deed made to A.J. Julian in the above entitled cause the description so as to read "Range 23" instead of Range 22, and the Court being fully advised have granted said J.A. Patterson to make said correction.

State of Missouri Plaintiff
vs                                                   #42. Selling Liquor Without License
James J. Long Defendant
Now at this day comes the Circuit Attorney and on his application this cause is continued until the next term of this Court.

p 732.
State of Missouri Plaintiff
vs                                                   #44. Selling Liquor Without License
James J. Long Defendant
Now at this day comes the Circuit Attorney and on his application this cause is continued until the next term of this Court.

State of Missouri
vs                                                   #47. Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney and on his application this cause is continued until the next term of this Court.

Ordered that Court adjourn until tomorrow morning 8 o'clock a.m.
R.W. Fyan Cir Judge.

p 733. Tuesday July 24th 1866.
Court met persuant to adjournment. Present as on yesterday.

Following causes "Continued by State":
State of Missouri vs A.J. Smith et al as to Samuel Richards, Defendant
State of Missouri vs A.J. Smith et al as to John Perryman, James Davis & Donald Cochram.
State of Missouri vs John Mills
State of Missouri vs William H. Worrell
State of Missouri vs Charles Jacobs
State of Missouri vs Charles Jacobs

p 734.
State of Missouri vs Isaac Hoff.

151
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G.
JULY TERM 1866.
p 734.
State of Missouri Plaintiff
vs                                                   Nolle
Isaac Hoff Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and by leave of Court says be will not further prosecute this cause. It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day and that he have and recover of and from the State of Missouri his costs herein laid out and expended.

State of Missouri
vs
D. Smith
Now at this day comes the Circuit Attorney who prosecutes for the State and on his application this cause is continued generally.

State of Missouri vs William V. Daugherty -- scira facias filed
State of Missouri vs T.T. Tilford -- continued by State.
Charles Beardslee and Bro. vs S.H. Boyd & W.C. Price -- Plaintiff files amended petition.

p 735.
State of Missouri vs Alfred Davidson -- Cause continued.
Moses Hunter vs Samuel Caldwell -- Defendant's answer stricken out
Moses Hunt er vs Samuel Caldwell -- Permission granted Defendant to further plead.
State of Missouri vs Samuel Westlake -- cause continued by State
James Boone et al vs Mary Boone et al -- Alfred M. Julian files his answer in this cause.

p 736/737.
William J.McDaniel Plaintiff
vs                                                   Civil Action
Joseph M. Carthel and Francis M. Fulbright Defendants
Now at this day comes on to be heard the above entitled cause and the said Plaintiff appearing by attorney, the said Defendants come not, but make default, and it appearing to the satisfaction of the Court that said Defendants have been duly notified of the commencement, nature and object of this suit by publication for four weeks successively in the Springfield Journal, a newspaper published in this State, the last insertion of said publication being at least four weeks before the first day of the present term and having failed to plead, answer or demur to Plaintiffs petition, the same is taken as confessed. It is therefore considered by the Court that Judgment Interlocutory go against said Defendants to be made final at this Term and this suit being founded on an instrument of writing for the direct payment of money signed by said Defendants, whereby Plaintiff's demand is ascertained the Court doth find that said Defendants are indebted to the Plaintiff in the sum of $763.23 for Debt and the further sum of $23.27 for Damages for the detention of the same. It is therefore considered that Judgment go against said Defendants for the amount of said debt and damages to be satisfied as herein specified and it further appearing to the satisfaction of the Court that the Sheriff of Greene County in this State did on the 29th day of January A.D. 1866 levy the writ of attachment which issued in this cause on the following real estate situate in the County aforesaid, to wit: the NE 1/4 of Section 16 and NW 1/4 of the SE 1/4 of same section, and the E 1/2 of NW 1/4 of same Section and E 1/4 of NE 1/4 of Section 17 and the NW 1/4 of NW 1/4 and NW 1/4 of NE 1/4 of Section 21, all in Township 28 of Range 22. Also the NW 1/4 of SE 1/4 of Section 16 in the same Township and Range being in all 440 acres, as the property of the said Defendants. It is therefore further considered by the Court that a special fi e facias issue against
(continued)

152
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK G
JULY TERM 1866
p 736/737 (cont)

said real estate and that the same or a sufficiency thereof be sold for the satisfaction of the Judgment aforesaid and costs and that this Judgment bear interest at the rate of ten percent per annum.

p 737.
Martha Baxter Plaintiff
vs                                                   Interlocutory Judgment
Against Nonresidents
Charles McClure, William Christopher,
Warren Christopher, Charles Mitchell,
William B. Garroutte, Chesley Mitchell,
George W. Pettit, Monroe McCrea,
Thomas Forsythe, James Forsythe,
Charles Forsythe, et al Defendants
Now at this day comes the Plaintiff by her attorney and it appearing to the satisfaction of the Court that William Christopher, Warren Christopher, Chesley Mitchell, Monroe McCrea, Thomas Forsythe, James Forsythe, Charles Forsythe, Joseph Forsythe, Benjamin Wade, Wesley Wade, and John McCall are nonresidents of this State, and have been duly notified of the commencement of this suit by publication in the Weekly Missouri Patriot, a weekly newspaper published in this State, the last insertion thereof being at least four weeks before the present term of this Court and the said nonresident Defendants failing to plead, answer or demur to Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that the Plaintiff have an Interlocutory Judgment by default against said Defendants. But it not appearing to the Courthere the nature or amount of the Judgment to which said Plaintiff is entitled, it is ordered by the Court that an inquiry be had to ascertain the same at the next term of this Court until which time this cause is continued.

State of Missouri Plaintiff
vs                                                   Indictment
J .W. Golston Defendant
Now at this day comes the Defendant in the above entitled cause and by leave of the Court files his application and affidavit for a Change of Venue in this cause on account of prejudice in the minds of the inhabitants of Greene County against him. A Change of Venue is allowed to the County of Dallas to which Court the Clerk of this Court certify the record and original papers to said Court as the Law directs.

p 738.
W.H. Burden Plaintiff
vs                                                   Judgment
C.C. Dawson Defendant
Now at this day comes on to be heard the above entitled cause and the Plaintiff and Defendant appearing by their respective attorneys and it appearing to the satisfaction of the Court that said Defendants had been duly notified of the commencement of this suit by the Sheriff reading the original Writ of Summons to and in the hearing of said Defendant and delivering to him a certified copy of the Petition in this cause at least fifteen days before the first day of the present term of this Court and the said Defendant having failed to plead, answer or demur to Plaintiff's Petition, the same is taken as true, and the same being founded on a promissory note signed by the Defendant, whereby the amount due Plaintiff is ascertained, the Court doth find from an examination of the same that the Defendant is indebted to the Plaintiff in the sum of $262.02 debt and $126.07 damage. It is therefore considered by the Court that the Plaintiff have and recover of and from Defendant his said debt and damages and also his costs of suit incurred and that he have an execution therefor.

153

July Term Continued
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