Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

June Term 1851.

p 436.
Be it remembered that at a regular term of the Circuit Court in and for the City of Greene begun and held at the Court House in the City of Springfield in said County of Greene on Monday the 2nd day of June 1851. Present the Honorable Charles S. Yancey Judge of said Court, John F. Coffee esq Circuit Attorney, George W. Kelley Sheriff of said County and Joshua Davis Clerk of said County.

State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking
Joseph B. Greene Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for an attachment for Robert Scott a witness in this cause and all and singular the premises being seen and fully understood it is considered by the Court that an attachment be issued directed to the Sheriff of Newton County returnable to the next term of this Court.

State of Missouri Plaintiff
vs                                                   Indictment for Sabbath Breaking
Joseph B. Greene Defendant
(Same text as above)
Now at this day come G.W. Kelley the Sheriff for Greene County and returns here into Court the venire heretofore issued in the following pannel of a Grand Jury thereon endorsed to wit: Larkin Payne 1. Thompson White 2. Jesse Bruton 3. Joseph Rudd 4. Peter Jump 5. William Garoutte 6. William Sanders 7. Mark Bray 8. Abraham Woody 10. Robert Beatie 11. Matthew Kerr 12. John 0. Sheppard 13. Joseph Burden 14. Avanant H. Hollinsworth 15. John W. Hancock 16, sixteen good and lawful men duly elected empannelled sworn and charged as such Grand Jurors as aforesaid, retired to consider of their duties
(*9 not listed in book)

117
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C. June Term 1851.

p 436.
On motion of the Circuit Attorney and for good cause shown, it is ordered by the Court here that a plurius capias be issued against Elbert Martin directed to the Sheriff of Crawford County retuanable to the next term of this Court.

On the motion of the Circuit Attorney and for good cause shown, it is ordered by the Court that an alias capias be issued against Samuel Simpson directed to the Sheriff of Greene County returnable to the next term of this Court.

p 437.
Ordered by the Court that J.M.L. Barker and A. McF. Hudson be permitted to sign the Roll of Practicing Attorneys.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Hervey Bryant Defendant
Now at this day comes the Circuit Attorney and moves the Court for a Plurius capias in this cause and for good cause shown it is ordered by the Court that a plurius capias be issued directed to the Sheriff of Dade County returnable to the next term of this Court until which time this cause is continued.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Alfred Terrell Defendant
Now at this day comes the Circuit Attorney and moves the Court for a plurius capias directed to the Sheriff of Greene County returnable to the next term of this Court, at which time this cause is continued.

State of Missouri Plaintiff
vs                                                   Indictment For Disturbing Religious Worship
George D. Blakey Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Betting on an Election.
John Dixon Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Adultery
John Dixon Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

p 438.
State of Missouri Plaintiff
vs                                                   Indictment for Adultery
Susannah Johnson Defendant
Now at this day come the Defendant in this cause by her attorney and makes her appearance in obedience to her recognizance-.

118
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 438.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
J. Faulkenberry Defendant
Now at this day comes the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Illegal Voting
N.J. Phillips Defendant
Now at this day comes the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Liquor
James F. Hornbeak Defendant
Now at this day comes the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Liquor
Jos. D. Haden Defendant
Now at this day comes the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Inducing Witness to Disobey Process
Wm. J. Trowbridge Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Keeping Gaming House
Henry Tesse Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

p 439.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Henry Tesse Defendant
Now at this day come the Defendant in this cause by his attorney and makes his appearance in obedience to his recognizance.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
John Wilkerson Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for a continuance of this cause and for good cause shown it is ordered by the Court that said motion be sustained.

119
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 439.
State of Missouri Plaintiff
vs                                                   Indictment
George Jameson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court for a continuance of this cause and for good cause shown it is ordered by the Court that said cause be continued until the next term of this Ocurt and that an alias capias be issued directed to the Sheriff of Jackson County against said George Jameson returnable to said next term of this Court.

p 440.
State of Missouri Plaintiff
vs                                                   Indictment for Betting on an Election
John Dixon Defendant
Now at this day cooe the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant in his own proper person who says he cannot deny that he is guilty in manner and form as charged against him in said Indictment and puts himself upon the mercy of the Court. It is considered by the Court that he make his fine by the payment of ten dollars and also the costs herein expended for all of which execution may issue with a clause of capias.

State of Missouri Plaintiff
vs                                                   Indictment for Playing Cards
James Conner Defendant
Now at this day come the Circuit Attorney and moves the Court for an alias capias in this cause and for sufficient cause it is ordered by the Court that an alias capias be issued directed to the Sheriff of Wright County against said James Conners returnable to the next term of this Court to which time this cause is continued.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Liquor Without License
Mark Swadley Defendant
Now at this day come the Defendant by his attorney and makes his appearance in obedience to his recognizance.

p 441.
State of Missouri Plaintiff
vs                                                   Indictment for Selling Whiskey Without License
William Webb Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his motion to quash said Indictment.

State of Missouri Plaintiff
vs                                                   Indictment for selling Brandy Without License
James F. Hornbeak Defendant
Now at this day come the Defendant by his attorney and by leave of the Court files herein his motion to quash said Indictment.

State of Missouri Plaintiff
vs                                                   Indictment for Playing Cards on Sunday With Negro
Augustine Yocum Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in manner and form as charged against him in said
(continued)

120
GREENE COUNTY, MISS0URI, CIRCUIT COURT CASES

Book
JUNE TERM 1851

p 441 (continued)
The indictment and puts himself upon the mercy of the Court. It is considered by the Court that he make his fine by the payment of five dollars and also the costs herein expended for all of which execution may issue with a capias clause.

State of Missouri Plaintiff
vs                                                   Indictment for Playing Cards With a Negro
Fleming Taggard Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and moves the Court for an alias capias in this cause and all and singular the premises being seen and fully understood it is ordered by the Court that an alias capias issue directed to the Sheriff of Wright County against said Fleming Taggard returnable to the next term of this Court to which time this cause is continued.

State of M issouri Plaintiff
vs                                                   Indictment for Selling Liquor To A Slave
John Hunt Defendant
Now at this day comes the Circuit Attorney who prosecutes on behalf of the State of Missouri and the said Defendant having failed to appear in Court Allen Fielden his security being three times solemnly called to bring into Court the said John Hunt cannot but make a fault on the first day of this term of this Court in persuance of his recognizance. It is considered by the Court that the said recognizance be forfeited and that a scieri facias issue in this cause returnable to the next term of this Court.

p 442. Tuesday Morning 3 June 1851
State of Missouri Plaintiff
vs                                                   Indictment for Assault
Wm. Cunningham
Now this day was suggested to the Court here that the Change of Venue in this case to this Court was never completed wherefore it appears that this Court has no jurisdiction of said case. The premises being seen and by the Court understood it is ordered by the Court that this cause be stricken from the docket.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Whiskey Without License
William Webb Defendant Attorney
Now at this time come the Circuit Attorney who prosecutes in behalf of the State of Missouri as well as the Defendant by his attorney and the motion to quash said Indictment heretofore filed taken up and the premises having been seen and fully understood by the Court it is considered by the Court that said motion be sustained to which opinion of the Court in sustaining said motion to quash said Indictment the Circuit Attorney excepted by leave of the Court files herein his bill of exceptions in this cause and prays an appeal to the Supreme Court which is granted.

State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Henry Tesse Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for an alias attachment in this cause. It is ordered by the Court that an alias attachment be issued against George Jameson a witness in said cause directed to the Sheriff of Jackson County returnable to the next term of this Court to which time this cause is continued.

121
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 432.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
R.J. Young Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for an alias attachment against Henry Tesse directed, to the Sheriff of Taney County returnable to the next term of this Court and all and singular the premises being seen and understood it is ordered by the Court that said motion be sustained that said attachment be issued and returnable to said next term until which time this Court is continued.

p 443/444.
State of Missouri Plaintiff
vs                                                   Indictment for Betting on an Election
A.H. Payne Defendant
Now at this day come the Circuit Attorney who prosecutes in behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said State take nothing by her said prosecution and that the said Defendant be hereof discharged and go hence without day.

p 444.
State of Missouri Plaintiff
vs                                                   Indictment for Betting on an Election
William Gray Defendant
Now at this day come as well the Circuit Attorney who prosecutes on behalf of the said State as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in manner and form as is charged against him in said Indictment and puts himself upon the mercy of the Court. It is therefore considered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs herein expended for all of which execution may issue with a clause of capias.

State of Missouri Plaintiff
vs                                                   Indictment for Betting on an Election
A.H. Payne Defendant
Now at this day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the said Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in manner and form as he is charged in said Indictment. It is therefore considered by the Court that he make his fine by the payment of the sum of ten dollars together with the costs herein expended for all of which execution may issue with a clause of capias.

p 445.
State of Missouri Plaintiff
vs                                                   Indictment for Gaming
Isaac Faulkenberry Defendant
Now at this day come the Circuit Attorney who presentS on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said prosecution and that the defendant be hereof discharged and go hence without day.

122
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 445
Caleb Horn Plaintiff
vs                                                   Appeal J.P.
Wm. Friend et al Defendants
Now at this day come the Plaintiff in this cause and says by leave of the Court he will no further prosecute his said appeal but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said Defendant have and recover of and from the said Plaintiff their costs and charges in this behalf laid out and expended for all of which execution may issue.

p 446.
State of Missouri Plaintiff
vs                                                   Indictment for Illegal Voting at an Election
Natban J. Phillips Defendant
Now at this day come as well the Circuit Attorney who prosecutes on behalf of the State of Missouri and the Defendant in his own proper person and for a plea thereof says he is not guilty as charged against him in said Indictment and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: Alpheus Huff 1. Matthew Chapman 2. John H. Gibson 3. B.P. Smith 4. Martin Ingram 5. Wm. L. Herrington 6. James F. Hornbeak 7. Jos. K. Gibson 8. Jas. McCrosky 9 Aguin 10. William Joiner 11. and James Pendleton 12, twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined. And after nearing the evidence returned into Court the following verdict "We the Jury find the Defendant
not guilty as charged in the said Indictment." It is therefore considered by the Court that the said State of Missouri take nothing by her said prosecution, that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Brandy
James F. Hornbeak Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri as well as the Defendant by his attorney and the motion heretofore filed to quash said Indictment coming on to be heard, and all and singular the premises being seen and fully understood it is considered by the Court that the said Motion be sustained to which opinion of the Court in sustaining said Motion the Circuit Attorney excepted.

State of Missouri Plaintiff
vs                                                   Indictment for selling Liquor, etc
Joseph D. Haden Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of issouri as well as the Defendant by his attorney and the motion heretofore filed to quash said Indictment coming on to be heard, and all and singular the premises being seen and fully understood it is considered by the Court that the said Motion be sustained to which opinion of the Court in sustaining said Motion the Circuit Attorney excepted.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Brandy Without License
James F. Hornbeak Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and by leave of the Court files herein his bill of exceptions and prayed an appeal to the Supreme Court which said appeal is granted.

State of Missouri Plaintiff
vs                                                   Indictment for Selling Whiskey Without a License
Joseph D. Haden Defendant
(continued)

123
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
JUNE TERM 1851

p 446 (continued)
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and by leave of the Court files herein his bill of exceptions and prayed an appeal to the Supreme Court which said appeal is granted.

p 447 nil.

p 448.
Joseph Weaver, Kindred Rose and William H. Anderson commissioners appointed heretofore by this Court to assign to Elizabeth Horn, widow of Thomas Ilorn, dec'd, her dower in the estate of said Thomas Horn, dec'd, and to make partition of the real estate aforesaid between the heirs of said estate this day produced in Open Court their report which was approved of by the Court and ordered to be filed.

p 449.
State of Missouri Plaintiff
vs                                                   Indictment for working on Sunday
Richard Hagan Defendant
Now at this day come as well the Circuit Attorney who prosecutes in behalf of the State of Missouri as the Defendant in his own proper person who for a plea says that he is not guilty in manner and form as charged against him in said Indictnient and puts himself upon the County and the Circuit Attorney doth the like and
thereupon came a Jury to wit: Wm G. Roberts 1. R.G. Wells 2. Henry L. Summers 3. B. F. Butler 4. A.H. Payne 5. Elijah Gray 6. Henry Matlock 7. Jeptha Wallis 8. James W. Blakey 9. Wm. R. Watts 10. Alpheus Huff 11. E.B. Garrison 12, twelve good and lawful men elected tried and sworn, who, after bearing the evidence in this cause retired to consider of their verdict and after deliberation informed the Court that they cannot agree and were by the consent of parties discharged.

p 450.
State of Missouri Plaintiff
against                                                   Indictment for Selling Brandy Without License
James F. Hornbeak Defendant
Now at this day come the Defendant James F. Hornbeak and John D. Brown his security and severally acknowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of one hundred dollars to be levied of their respective goods chattels lands and tenements to be void on condition that the said James F. Hornbeak shall make his appearance in the Supreme Court of the State of Missouri to be held at Jefferson City on the first day of the next term thereof which will be holden on the first Monday in July, next, and abide the decision of the said Court in this cause and not depart the same without leave that then their recognizance shall be void otherwise remain in full force and virtue in Law.

State of Missouri Plaintiff
against                                                   Indictment for Gaming
Sam'l Simpson Defendant
Now at this day come the Circuit Attorney who prosecutes on behalf of the State of Missouri and says by leave of the Court he will no further prosecute his said suit but voluntarily suffers the same to be dismissed. It is therefore considered by the Court that the said State of Missouri take nothing by her said Prosecution that the said Defendant be hereof discharged and go hence without day.

State of Missouri Plaintiff
against Indictment for Felonious Assault
William G. Roberts Defendant
(continued)

124
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 450 (cont)
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he is not guilty in the manner and form as he is charged in the said Indictment and puts himself upon the County and the Circuit Attorney doth the like and thereupon came a Jury, to wit: John D.Brown 1. William Harton 2. Braxton P. Smith 3. Woodson Howard 4. Erastus McMurray 5. Joseph H. Miller 6. Garland Lanham 7. S. Tilman 8. Joseph K. Gibson 9. Pleasant Bingham 10. Joseph Rountree 11 and J.R. Roberts, twelve good and lawful men duly elected tried and sworn well and truly to try the issue joined after hearing the evidence and argument of Counsel returned into Court the following verdict, to wit,: "We the Jury find the Defendant is guilty in manner and form as charged in the said Indictment and assess his fine at the sum of five hundred dollars." It is therefore considered by the Court that he make his fine by the payment of the sum of five hundred dollars to the State of Missouri the sum assessed by said Jury and it is further considered by the Court that the said State of Missouri recover of and from the said Defendant her costs and charges in this behalf expended for all of which execution may issue.

p 451.
State of Missouri Plaintiff
against                                                   Indictment for Sabbath Breaking
Benjamin Stone Defendant
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he cannot deny but that be is guilty in the manner and form as he is charged in the said Indictment and puts himself upon the mercy of the Court. It is therefore considered by the Court that he make his fine by the payment of the sum of two dollars together with her costs expended for all of which execution may issue.

p 452.
State of Missouri Plaintiff
against                                                   Indictment for working on Sunday
Thomas Walker Defendant
Now at this day comes as well the Circuit Attorney who prosecutes on behalf of the State of Missouri as the Defendant in his own proper person who for a plea says he cannot deny but that he is guilty in the manner and form as he is charged in the said Indictment and puts himself upon the mercy of the Court. It is therefore considered by the Court that he make his fine by the payment of the sum of two dollars together with her costs expended for all of which execution may issue with a capias clause.

p 435. Thursday Morning June 5th, 1851.
Ordered by the Court that Thompson White a member of the present Grand Jury be discharged from any further services as such Grand Juror at the present term of this Court.

Ordered by the Court that Braxton T. Smith be sworn as a Grand Juror for the remaining portion of this term of the Court which was done.

p 453 - nil

125
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 454.
State of Missouri Plaintiff
against                                                   Indictment for Selling Liquor
Mark Swadley Defendant
This day came as well the Circuit Attorney as the said Defendant and said Defendant for plea says he is not guilty in manner and form as he is charged in said Indictment, and for trial puts himself on the County and the Circuit Attorney doth the like and thereupon came a Jury to wit: Washington Wallace, Thomas Chapman, Annanias West, Walter Hargus, Elijah Gray, A.W. Maupin, William Breedlove, E.P. Gott, H.R. Jarrett, William F. Ward, H.J. Yandell, A.B. McClure, twelve good and lawful men who being sworn well and truly to try the issue joined returned the following verdict, to wit: "We `the Jury find the Defendant not guilty in manner and form as he is charged in said Indictment.-" It is therefore considered by the Court that the said Defendant go hence without day and be fully discharged from this prosecution.

p 455.
State of Missouri Plaintiff
against
Reuben Trobridge Defendant
It is ordered that an attachment issue against the Defendant directed to theSheriff of Lawrence County returnable to the next term of the Court for failing to appear and give evidence at this term as a witness on behalf of the State against John Hunt.

State of Missouri Plaintiff
against                                                   Indictment for Selling Liquor to a Slave
John Hunt Defendant
This day came the Defendant and filed his motion to set aside the forfeiture of recognizance in this cause.

State of Missouri Plaintiff
against                                                   Indictment for Disturbing Religious Worship
George D. Bailey Defendant
This day came as well the Circuit Attorney as said Defendant and said Defendant for a plea says that he is not guilty as charged in said Indictment and for trial puts himself on the County and the Circuit Attorney doth the like and thereupon came a Jury, to Wit: Martin Ingram, E.P. Gott, Wm. R. Hyde, Isaac Dyer, John Lair, Wm. P. Cox, Erastus McMurray, Wm. Webb, Samuel G. Martin, William Townsend, Benjamin Alsup and Alpheus Huff, twelve good and lawful men who being elected tried and sworn well and truly to try the issue joined, returned the following verdict "We the Jury find the Defendant not guilty in manner and form as he is charged in said Indictment." It is therefore considered by the Court that said Defendant go hence without day and be fully discharged from this prosecution.

p 456/457
State of Missouri Plaintiff
against                                                   Indictment for Selling Liquor to a Slave
Mark Swadley Defendant
This day came personally into Open Court said Defendant who says that he cannot deny but that he is guilty as he is charged in said Indictment and pleas guilty thereto. Said Defendant was by the Court fined the sum of twenty dollars. It is therefore considered by the Court that the said Defendant make his fine by the payment to the State of Missouri said s'irn of twenty dollars and that said Plaintiff
(continued)

126
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.

p 456/457 cont.
recover against said Defendant her costs herein expended and that execution issue therefore etc. and that said Defendant filed herein his motion in arrest of Judgment and the same being duly considered was by the Court overruled.

p 457/458.
Joseph Weaver adm of
Thomas Horn, Dec'd
vs                                                   Debt
Joseph H. Niller and John H. Miller
This day came the Plaintiff by his attorney and the Said Defendants having been duly summoned and they not appearing altho three times solemnly called but made default and the Plaintiff's demand being liquidated and reduced to writing and the amount due as contained thereby. It is therefore considered by the Court that said Plaintiff as ordered aforesaid recover of and from said Defendants the sum of one hundred and ninety two dollars and fifty two cents for his debt and seven dollars and 75 cents for his damages expended and that execution issue
therefor.

p 459.
Hardy Biggs Plaintiff
against                                                   Appeal J.P.
Benjamin Cannefax Defendant
This day comes the Plaintiff in this cause by his attorney and says by leave of the Court he will no further prosecute his said appeal but will suffer the same to be dismissed. It is therefore considered by the Court that the same be dismissed, that the Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf expended, that the papers be remanded to the Justice and that execution issue for said costs.

Stephen W. Neech Plaintiff
against                                                   Assumpsit
John P. Campbell Defendant
Now at this day come the parties in this cause by their Attorneys and thereupon came a Jury, to wit: John W. Steel, Hugh Cunningham, Sam'1 Meadows, Wm. F. Roper, Sam'1 Wood, Christian Baker, Henry Yandle Wm. Townsend, nine good and lawful men who was by the consent of said parties agreed upon as a Jury to try the issue fter hearing the evidence returned the following verdict, to Wit: "We the Jury find for the Plaintiff the sum of one hundred and six dollars and twenty cents. It is considered by the Court that he have and recover of and from said Plaintiff the aforesaid sum of $106.20 together with costs for all of which execution may issue.

p 460.
It is ordered that an attachment issue against Sarah Summers and Katherine Summers directed to the Sheriff of Greene County returnable to the next term of this Court for failing to appear and give evidence before the Grand Jury at this term of the Court when summoned to do as witnesses.

Thomas W. Anderson Plaintiff
against                                                   Attachment
Isaac Faulkenberry Defendant
This day came the Plaintiff by his attorney and dismisses his suit. It is therefore
(cont)

127
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.

p 460 (cont)
considered by the Court that the Defendant recover of said Plaintiff his costs herein expended and that execution issue therefor, etc.

p 461.
The Grand Jury came into Court and returned the following as true bills of Indictment -

State of Missouri vs John T. Cave Indicted for failing to keep road in order.
State of Missouri vs Nathaniel Batson Indicted for failing to keep road in order.
State of Missouri vs John Yakely Indicted for failing to keep road in order.
State of Missouri vs William Russel Indited for failing to keep road in order.
State of Missouri vs Jeremiah Blankenship Indicted for Gaming
State of Missouri vs Alexander Thompson Indicted for Gaming.
Which were ordered to be filed and having no further business were by the Court discharged, and it is ordered that capias's issue on all indictments found at the present term of this Court by the Grand Jury.

p 461/462
Hiram Hyden Plaintiff
vs                                                   Petition
William Breedlove Defendant
This day came the parties by their attorneys and thereupon came a Jury, to wit: William P. Cox. William Garrout, William B. Logan, Josiah F. Redfearn, Samuel S. Vinton, Richard W. Jones, Washington Wallace, John Ellison, Thomas Green, James S. McQuerter, John Hopkins and Tapley Daniel, twelve good and lawful men who being sworn well and truly to try the issue joined heard a portion of the evidence and by the consent of the parties were permitted to disperse until tomorrow morning 8 o'clock.

p 462/463/464 divorces - previously published.

p 464 - nil.

p 465.
A.J. Klepper and A.L. Galbreath Petitioners for a Writ of Adquod Damnum
Now at this day come the said petitioners by their attorney and by leave of the Court files herein their petition for a Writ of Adquod Damnum, and the said petition being seen and by the Court fully understood. It is considered by the Court that the prayer of said petitioners be granted, and that said Writ of Adquod Damnum be awarded directed to the Sheriff of Greene County returnable to the next term of Court requiring said Sheriff to enquire by twelve good and lawful men what damages will accrue if any by the erection of said dam on the SE 1/4 of the
SE 1/4 of Section No. 21 in Township 29 of Range 20 on the 13th day of June 1851 and that the said Sheriff return the verdict of said Jury reduced to writing and signed by each of said Jurors at the,said next term of this Court.

p 466.
G.W.Kelley
to                                                   Deed
John Delaney
In the case of the deed executed by G.W. Kelley as Sheriff of Greene County to John Delaney bearing date 31st of May 1850 it is ordered by -the Court that said Deed be amended and it is accordingly done by said Sheriff inserting the words two and Township immediately after the words NE fractional 1/4 Section No. which Deed is amended was again acknowledged as amended.

128
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 466.
G.W. Kelley Plaintiff
vs                                                   Civil Action
Rountree, McCracken and Woods Defendants
Now at this day come the Plaintiff in this cause by his attorney and by leave of the Court says that be will no further prosecute his said suit against Andrew Rountree but will suffer the same to be dismissed as to him, and the demand being founded on an instrument of writing and the amount ascertained thereby. The Court do find that the said John L. McCracken and Samuel Woods does owe and stand justly indebted to the said Plaintiff in the sum of six hundred and twenty six dollars and seventy eight cents debt and twenty dollars and thirty cents damages. It is therefore considered by the Court that said Plaintiff recover of said Defendants the aforesaid debt anddamages as well as c05t5 in this behalf expended for all of which execution may issue.

p 467.
G.W. Kelley, Sheriff
to                                                   Deed
Elijah Perkins
Be it remembered that this 7th day of June 1851 personally appeared in Open Court George W. Kelley who is known by the Court to be the Sheriff of Greene County and also known to the Court to be the same person whose name appears to a Sheriff's Deed conveying to Elijah Perkins a part of Sect No. one also a part of the NE 1/4 of Sect No. twelve all in Township No. thirty in Range No. 22W and acknowledged the same to be his act and deed for the uses and purposes therein mentioned and the same is ordered to be recorded.

George W. Kelley, Sheriff
to                                                   Deed
Rich S. Gott
Be it remembered that this 7th day of June 1851 personally appeared in Open Court George W. Kelley who is known by the Court to be the Sheriff of Greene County and also known to the Court to be the same person whose name appears to a Sheriff's Deed conveying to Richard S. Gott a certain Lot in the North Side of the City of Springfield fronting on Booneville St. North of an Alley dividing it from Jenkinses Lot containing one and sixtysix hundredths acres, and acknowledged the same to be his act and deed for the uses and purposes therein mentioned, and the same is hereby ordered to be recorded.

George W. Kelley, Sheriff
to                                                   Deed
William B. Edwards
Be it remembered that this 7th day of June 1851 personally appeared in Open Court George W. Kelley who is known by the Court to be the Sheriff of Greene County and also known to the Court to be the same person whose name appears to a Sheriff's Deed conveying the following lot to wit: Lot No. 1 Block 2 in the second tier of Lots in the City of Springfield and acknowledged the same to be his act and deed for the uses and purposes therein mentioned and the same is ordered to be recorded.

George W. Kelley
to                                                   Deed
Horace Stanley
Be it remembered that this 7th day of June 1851 personally appeared in Open Court George W. Kelley who is known by the Court to be the Sheriff of Greene County and
(continued)

129
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 467 (continued)
also known to the Court to be the same person whose name appears to a Sheriff's Deed conveying the West 1/2 of the SW 1/4 of Sect No. 1 and the North 1/2 of the West 1/2 of the NW 1/4 of Sect No. 12 all in Township No. 30 of Range No. 22 and acknowledges the same to be his act and deed for the uses and purposes therein mentioned.

p 468.
George W. Kelley, Sheriff
against                                                   Fee Bill $5l.14 1/2
Estate of Thomas C. Wilson, Dec'd
Now at this day come G.W. Kelley Sheriff in and for Greene County, and presented his fee bill against the said esta'te and all and singular the premises being seen and by the Court understood. It is considered by the Court that he have the sum of fiftyone dollars fourteen and a half cents from the said estate and that he retain the same out of the moneys in his hands belonging to the said estate.

George W. Kelley, Sheriff
against                                                   Fee Bill of $56.68
Estate of George R. Rainey Dec'd
Now at this day come G.W. Kelley Sheriff in and for Greene County, and presented his fee bill against the said estate and all and singular the premises being seen and by the Court understood. It is considered by the Court that he have the sum of fifty six dollars and sixty eight cents from the said estate and that he retain the same out of the moneys in his hands belonging to the said estate.

George W. Kelley, Sheriff
against                                                   Fee Bill of $19.20
Estate of Faith Darnall, Dec'd
Now at this day come G.W. Kelley Sheriff in and for Creene County, and presented his fee bill against the said estate and all and singular the premises being seen and by the Court understood. It is considered by the Court that he have the sum of nineteen dollars and twenty cents from the said estate and that he retain the same out of the moneys in his hands belonging to the said estate.

p 469.
Bank of State of Missouri Plaintiff
against                                                   Civil Action
Zachariah Sims, A.H. Adams & R.B. Adams Defendants
Now at this day come the Plaintiff in this cause by her attorney and the said Defendants, although three times solemnly called come not but make default, and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendants owe the said Plaintiff the sum of six hundred and ninety eight dollars and ninety five cents for her debt and twentysix dollars and forty cents damages and four dollars and fiftyfive cents Protest. It is therefore considered by the Court that the said Plaintiff have and recover of and from thesaid Defendants the aforesaid Debt, Damages and Protest and costs in this behalf expended for all of which execution may issue.

Bank of Missouri
against                                                   Civil Action
Zachariah Sims, G.P. Shackleford, Joseph Weaver,
S.S. Vinton and Daniel D. Berry
(continued)

130
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C
JUNE TERM 1851

p 469 (cont)
Now at this day come the Plaintiff in this cause by her attorney and the said Defendants, although three times solemnly called come not but make default, and the demand being founded on an instrument of writing and the amount ascertained thereby the Court do find that the said Defendants owe the said Plaintiff the sum of one hundred and eighty six dollars and eighty cents debt and interest, seven dollars and four cents damages and one dollar and fifty cents protest. It is therefore considered by the court that the said Plaintiff have and recover of and from the said Defendants the aforesaid debt, interest damage and protest as well as her cost in this behalf expended for all of which execution may issue.

John H. Akin
against                                                   Petition for Partition
Peter Akin and others
Now at this day come John H. Akin and the resident Defendants by their attorney and it appearing to the satisfaction of the Court that the order of publication had been complied with and the petition for partition heretofore filed being ready for hearing which said petition prays for partition of the following described real estate amongst the following named heirs of the estate of Nancy Akin, deceased, to wit: James P. Akin, Peter Akin, Thomas L. Akin, Nancy Riddle wife of Thomas Riddle, George W. Akin, Mary F. Smith, deceased, has the following heirs, to wit: Peter S. Smith and John E. Smith. Nancy I. Hayes wife of Isaac Hayes and Anderson LaFayette Smith and Mary C. Smith (infants residing with their guardian Thomas Riddles) which said real estate is described as follows, to wit: the W 1/2 of the NW 1/4 of Sect 23 of TWP 30 Range 21 (that each of said heirs of said Nancy Akin, deceased, ) now living is entitled to one seventh part of said real estate and that the children of Mary F. Smith deceased are entitled to oneseventh thereof. It is therefore ordered adjudged and decreed that partition and division be made of the above described real estate according to the respective rights of the several heirs and the finding of this Court. That Thomas J. Whitlock, George W. Mitchell and Blackman C. Thomas be and they are hereby appointed commissioners to make the partition of said real estate accordingly if the same can be done without great prejudice to the parties interested and if the same is not susceptible of division, tbe report that fact at this present time of this Court.

John C. Akin
against                                                   Petition for Partition, etc.
Peter Akin and others
Now at this day come Thomas 3. Whitlock, George W. Mitchell and B.C. Thomas who was by this Court appointed commissioners to make partition of the real estate of which Nancy Akin died seized and possessed of, and makes their report, that in their opinion partition of said real estate according to the Judgment of this Court cannot be made without great prejudice to the owners thereof. It is therefore ordered by the Court that the Sheriff of Greene County sell the same at public auction to the highest bidder according to law on a credit of 12 months the purchaser or purchasers giving bond with approved security.

Cutbirth Stump Plaintiff
vs                                                   Civil Action
Edmund E. Black Defendant
Now at this day come the Plaintiff in this cause by his Attorney and says by leave of the Court he will no further prosecute his said suit but will suffer the same to be dismissed. It is therefore considered by the Court that the Defendant E.E. Black recover of and from the said Plaintiff Cuthbirth Stump and Jones J. Hendricks,
(cont)

131
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
JUNE TERM 1851

p 470 (cont)
T.W. Kimmins, J.L. Fare, Adam Cluch, Elix Brown, Enoch L. Hammer, Adam Garringer, William Carman, John Black, L.W. Allen, E.A. Pace, Wiley J. Harper, C. George, Van S. Young, B. Samuel, J.S. Williams, Samuel Cline, Wiley Hickman, T.J. Ham, Jonath Jones, Luke T. Edington, E.E. Cooper, William Jinnings, S.T. Vitteto, John Yoachum, his securities his costs and charges in this behalf laid out and expended for all of which execution may issue.

Jacob Bodenhamer Plaintiff
against                                                   Attachment
James P. Akin Defendant
Now at this day come the Plainti'ff by his attorney and it appearing to the satisfaction of the Court that the order of publication had been complied with and the Defendant failing to appear but make default although solemnly called and the demand being founded on an instrument of writing and the amount ascertained thereby. The Court do find that the said Defendant owes and is indebted to the said Plaintiff the sum of thirty seven dollars and ninety six cents for his damages, etc. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the aforesaid debt and damages as well as costs for all of which execution may issue commanding the Sheriff to sell the property attached to make the same.

END OF JUNE TERM 1851
END OF BOOK C.

132

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