Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

March Term 1859.

p 274
Be it remembered that the regular term of the Greene County Court held on the first Monday in March 1859 at the Court House in Springfield, there was present the Honorable Patrick H. Edwards Judge , Julian Frazier Circuit Attorney, A.G. McCracken Clerk of said Court and Henry Matlock, Sheriff of said County when the following proceedings were had, viz

Now at this day comes the Sheriff and returns the following as a pannell of Grand Jurors, viz David Wolf who is by the Court appointed foreman, Allen Robberson, D.H. Bedell, Joseph Gooden, William Killingsworth, James Bond, B.A. Neil, Joseph Jones, Philip Snider, Joseph Burden, Eber Compton, Robert Beatie, W.B. Roper, Benjamin Brashears, Thomas J. Hodge and S.H. Owen, sixteen good and lawful men who being duly elected tried and sworn and charged and return to consider of their presentments.

Ordered by the Court that Allen Edmonson be fined the sum of five dollars for failing to appear as a Grand Juror after being duly sworn so to do.

Ordered that H.S. Sudenbower and T.A. Sherwood be permitted to sign the roll of attorneys.

p 275.
State of Missouri Plaintiff
vs                                                   Letting Slave Sell Liquor #4
Peyton Nowlin Defendant
Now at this day comes the Defendant by attorney and by leave files his motion to quash the Indictment in this cause and all and singular the premises being seen said motion is by the Court sustained. It is therefore considered by the Court that the Defendant be discharged hereof and go hence without day.

73
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 275.
State of Missouri Plaintiff
vs                                                   Disturbing Peace of Family
Reuben Rose Defendant
Now at this day comes the Circuit Attorney and prosecutes and also the Defendant in his own proper person and says he is guilty as he stands charged in the Bill of Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of one dollar. It is therefore considered by the Court that the State of Missouri have and from the said Defendant her said fine and cash as aforesaid and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
A.B. McClure Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and the Defendant be discharged hereof and go hence without day.

p 275/276.
Causes continued until next term of Court for following -
State vs                                                   Peyton Nowlin Permitting Slave to Sell Liquor
Indictment numbers #1 through #7.

p 277.
Causes continued until next term of Court for following -
State vs                                                   Peyton Nowlin Permitting Slave to Sell Liquor
Ind. # 8 and #9.

State of Missouri Plaintiff
vs                                                   Gaming #1
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars.It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #2
William M. Hunt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment.Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars.It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #1
Henry Utt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment.Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars.It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

74
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859.

p 278.
State of Missouri Plaintiff
vs                                                   Gaming #2
Henry Utt Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Gaming #1
Eli J. Armstrong Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

p 278/279.
State of Missouri Plaintiff
vs                                                   Gaming #2
Eli J. Armstrong Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Bill of Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of ten dollars. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and cost as aforesaid and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Selling Liquor by the Gallon
Alfred Kelly Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged hereof and go hence without day.

p 279.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon
William Burney Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By the Gallon #1
Alsa Woodward Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

75
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 279/280.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #2
Alsa Woodward Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 280.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #3
Alsa Woodward Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #1
Benjamin G. Andrews Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #2
Benjamin G. Andrews Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #1
William F. Brown Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #2
William F. Brown Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon
J. Redfearn Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

76
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
MARCH TERM 1859

p 281.
State of Missouri Plaintiff
vs                                                   Selling Liquor By the Gallon
G. Likins Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon
James Vaughn Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #1
William Hudgins Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 282.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #2
William Hudgins Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon
William Loyd Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #1, #2, & #3.
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 283.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #4, #5, #6 #7 #8.
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this Suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

77
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
March Term 1859

p. 284.
State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #9
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

State of Missouri Plaintiff
vs                                                   Selling Liquor By The Gallon #1 through #5
(p 285)
P.J. Nicholson Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 285/286.
State of Missouri Plaintiff
vs                                                   Selling Liquor by the Gallon #1 through #10 (p 287)
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 287.
State of Missouri Plaintiff
vs                                                   Selling Liquor by the Gallon #11
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued generally and ordered that fee bills issue.

State of Missouri Plaintiff
vs                                                   Selling Liquor by the Gallon #1, #2.
William Johns Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 287/288.
State of Missouri Plaintiff
vs                                                   Selling Liquor by the Gallon #1 through #5
D.B. Garrison Defendant
Now at this day comes the Circuit Attorney and says that he will not further prosecute this suit. It is therefore ordered by the Court that the same be dismissed and Defendant be discharged and go hence without day.

p 289.
State of Missouri Plaintiff
vs                                                   Gaming #1 #2 and #3
Joseph F. 0'Neal Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the bill of indictment. Whereupon the Court doth assess a fine upon said Defendant a sum of $10. It is therefore considered by the Court that the State of Missouri have and from the said Defendant her said fine and also costs that she have execution therefor.

78
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

State of Missouri Plaintiff
vs                                                   Gaming #1 & #2 on p 290.
Garrett Maupin Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the bill of indictment. Whereupon the Court doth assess a fine upon said Defendant a sum of $10. It is therefore considered by the Court that the State of Missouri have and from the said Defendant her said fine and also costs that she have execution therefor.

p 290.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1, #2, #3
John Mills Defendant
Now at this day comes the Defendant and also the Circuit Attorney and on motion of the Defendant and by leave of the Court, this cause is continued until the next term of this Court.

p 291 Motions filed by Defendants.

p 291/292.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Nimrod P. Ginger Defendant
Now at this day comes the Defendant and by leave of the Court files his petition verified by affidavit praying a change of venue to some other county on account of the prejudice in the minds of the inhabitants of this county against him whereupon the Court awards a Change of Venue in this cause to the Webster Circuit Court. Whereupon the said Defendant N.P. Ginger, William Stephenson and James Edwards as his securities come into Court and acknowledge themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be bond of their respective goods and chattles lands and tenements to be void on condition that said Nimrod P. Ginger who has prayed a Change of Venue in a cause against him in this Court for a Felonious Assault shall be and make his personal appearance before the Judge of the Webster Circuit Court at the Court House in Marshfield on the second Monday in April 1859 and answer said Indictment and not depart said Court without leave. And also comes W.H. McConnell and Peyton Nowlin witnesses in said cause who acknowledged themselves to stand indebted to the State of Missouri in the sum of $100 each to be bond on their goods and chattles lands and tenements to be void on condition that they be and appear before the Judge of the Webster Circuit Court at the Court House in Marshfield on the second Monday in April, next, and testify and the truth speak in said cause and not depart said Court without leave.

p 293.
State of Missouri Plaintiff
vs                                                   Rape
Preston Jones Defendant
Now at this day comes the Circuit Attorney and also Susana Hembree and Lucinda Pogue, witnesses attached in this cause and for good cause shown said witnesses are by the Court discharged from the contempt in said attachments alledged.

79
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 293.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Samuel Burton Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment whereupon the Court doth assess a fine On said Defendant the sum of $20. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the said fine and also costs and Isaac Dyer his Security agrees that if the same be not paid 20 days before the next term of this Court that execution issue against said Defendant and him for the same.

p 294.
This day comes Samuel Fulbright former Sheriff of Greene County and files report of sale of real estate of William Martin, deceased, which is in all things by the Court approved.

Tuesday, March 8th, 1859.
State of Missouri Plaintiff
vs                                                   Gaming
Walter Simpson Defendant
Now at this day came the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine on said Defendant the sum of $10. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also costs, and that she have execution therefor.

p 295.
Hardy Kelley Plaintiff
vs                                                   Civil Action
William Bernard et al Defendants
Now at this day came the parties by attorneys and by agreement and leave of the Court this cause is dismissed and it is further agreed by the parties that the said Defendants pay $30 of the cost and the said Plaintiff pay the remainder and ordered by the Court that execution issue against both parties.

p 295/296.
State of Missouri Plaintiff
vs                                                   Gaming
John W. Lingo Defendant
Now at this day comes the Circuit Attorney and also the Defendant who for a plea says he is not guilty and puts himself upon the County whereupon the Circuit Attorney doth the like whereupon comes a Jury, to wit: J.T. Campbell, B.L. Fulbright, G.M. Freeman, J. Dodson, A.B. Owen, A. Owens, J.J. Campbell, D. Mooney, N.C. Chaffin, A.H. Payne, W.L. Herrington and J.L. Guinn, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined. Having heard the evidence received the instructions of the Court, retired to consider their verdict and again come into Court and say they cannot agree, whereupon by agreement of parties and leave of the Court the said Jury is discharged.

p 296.
State of Missouri Plaintiff
vs                                                   Disturbing the Peace of Family
Jesse Lewis Defendant
(continued)

80
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 296 (continued)
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of $5. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and also costs and that she have execution therefor.

p 297.
State of Missouri Plaintiff
vs                                                   Betting On An Election
R.G. Wells Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says that he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine on said Defendant the sum of $5. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also costs and that she have execution therefor and A.V.F. Hasten his security agrees that if the same be not paid 20 days before the next term of this Court that execution issue against him and said Defendant for the same.

State of Missouri Plaintiff
vs                                                   Gaming
Hiram Thornhill Defendant
Now at this day come the Circuit Attorney and also the Defendant who says that he is Guilty as charged in the Indictment whereupon the Court doth assess a fine upon the said Defendant the sum of $10. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also costs and that she have execution therefor.

p 297/298.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James H. Fagg Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says that he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine $20 upon the said Defendant. It is therefore considered that the State of Missouri have and recover of and from the Defendant her said fine and also costs and that she have execution therefor.

p 298.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Sowel Adams Defendant
Now at this day comes the Circuit Attorney and on his motion this cause is continued until the next term of this Court and A.J. Wilkerson, J. Colwell, W.H. Williams,Thomas Forrester and N.C. Chaffin, witnesses for the State are notified to be and appear on the first day at the next term of this Court.

State of Missouri Plaintiff
vs                                                   on attachment
R.J. Banfield Defendant
Now at this day comes the Circuit Attorney and also the Defendant and for good cause shown said Defendant is discharged on five several attachments against him as witnesses for contrmpt of Court.

81
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 298/299.
Now at this day comes the Defendant and files his affidavit asking a continuance of this cause for want of material evidence which is by the Court granted and this cause continued until next term of this Court. Whereupon comes Willis R. Cox, G. Woolsey, W.J. Stafford, T.P. Bradley, Austin Kirby, Lucinda Pogue and Susan Hembree witnesses for the State and William Moosu witness for the defense who acknowledges themselves to owe and stand indebted unto the State of Missouri in the sum of $100 each to be levied of their respective goods and chattles lands and tenements to be void on condition that they be and appear before the Judge of our Greene Circuit Court at the Court House in Springfield on the first day of the next term thereof and testify in said cause and not depart said Court without leave.

p 299. Causes continued to next term of this Court.

p 300.
State of Missouri Plaintiff
vs                                                   Gaming #2
A.O. Ricketts Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine upon said Defendant the Sum of $10. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her fine and also costs and that she have execution therefor and John Dixon his security agrees that if the same be not paid 20 days before the next term of this Court that execution issue against him together with the said Defendant for the same.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
J.A. Stephens Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial thereupon comes a Jury, to wit: B.W. Cannefax, L.H. Freeman, A.M. Jul ian, J. Creason, Q. Banfield, William Skeen, W.J. Cannefax, J.L. McQuerter, Isaac Dyre, W.B. Farmer, B.W. Henslee, G.M. Freeman, twelve good and lawful men who being duly elected tried and sworn to try the issue joined having heard the evidence and received the instructions of the Court, retired to consider of their verdict and again returned into Court and render the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment. W.B. Farmer, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her Suit and t hat the Defendant be discharged hereof and go hence without day.

p 301.
Ordered by the Court that P.C. Beal, C.B. Holland and Charles McClure be fined $5 each for failing to appear as Jurors when duly summoned as such.

State of Missouri Plaintiff
vs                                                   Felonious Assault
Arnet Peck Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial, thereupon came a Jury, to wit: R.B. Coleman, R.P. Faulkner, J.M. Morgan, J.T. Jones, Joseph Morris, R. Abernathy, J.L. Holland, W.W. Jeffries, J.F. Brown, Reuven Rose, Andrew Owen and G.W. Mitchell,
12 good and lawful men who being elected tried and Sworn to well and truly try the issue joined and there not being time to hear the evidence are permitted to disperse under charge of the Court until tomorrow 9 o'clock.

82
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 301/302/303.
State of Missouri Plaintiff
vs                                              Selling Goods Without License #1 through #18
Daniel Kelley Defendant
(All causes continued until next term of this Court)

p 303.
B.B. Harrison Plaintiff
vs                                                   Civil Action
John Burnett Defendant
Now at this day comes the Plaintiff by attorney and suggests the death of Defendant and on his motion ordered that R.B. Burnett and M.J. Burnett administrators be substituted as parties Defendants and that sciri facias issue against J.W. Burnett Samuel M. Burnett and Harriett Burnett.

p 304. Wednesday March 9, 1859.
Heirs of Joseph Rogers, deceased
Expartee Petition for Partition
Now at this day comes into Court Samuel Fulbright who is known to the Court as the former Sheriff of Greene County and the identical person whose name is signed to an instrument of writing purporting to be a Sheriff's Deed to James M. Loven for the W 1/2 of the NE 1/4 Sect 24 Township 31 Range 21 sold by order of the Court for the purpose of Partition and the said Samuel Fulbright acknowledged that he executed and delivered the same for the purpose therein contained.

Ordered by the Court that the fine assessed on yesterday against C.B. Holland be remitted.

p 304/305.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Arnott Peck Defendant
Now at this day again come the Jury empannelled on yesterday and for good cause shown George W. Mitchell is discharged from said Jury thereupon the Sheriff summons James Vaughn who is duly sworn and the said Jury having heard the evidence and received the instructions of the Court retired to consider upon their verdict and again return into Court and say they cannot agree, whereupon by leave of the Court and agreement of counsel said jury is discharged.

p 305.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Wilcher Campbell Defendant
Now at this day comes _____ Irby one of the securities of said Defendant and delivered said Defendant to the Court whereupon he is ordered into custody of the Sheriff. Whereupon comes the said Defendant William Saluder and James Anderson who acknowledged themselves to stand indebted to the State of Missouri in the sum of $500 to be levied on their goods and chattles lands and tenements to be void on condition that the said Defendant make his personal appearance from day to day during the present term of this Court before the Judge thereof and by the order of said Court and not depart without leave.

83
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 305/306.
State of Missouri Plaintiff
vs                                                   Gaming #1
John Dickens Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine upon said Defendant the sum of $10. It is therefore considered by the Court that the State of Missouri have and recover of and from said Defendant her fine and also costs that she have execution therefor and Stephen Dickens, his security agrees that if the same be not paid 20 days before the term of next Court that execution issue against him together with said Defendant for the same.
p 307.
State of Missouri Plaintiff
vs                                                   Gaming
John Dixon Defendant
(Case continued till next term of this Court)

State of Missouri Plaintiff
vs                                                   Gaming #2
A.J. Ricketts Defendant
(Case continued till next term of this Court)

State of Missouri Plaintiff
vs                                                   Gaming #1, #2, #3 and #4.
John Daniel Defendant
Now at this day comes the Defendant and on his motion and by leave of the Court this cause is continued until the next term of this Court.

p 308.
State of Missouri Plaintiff
vs                                                   Gaming
John W. Lingo Defendant
Now at this day comes the Circuit Attorney and also the Defendant who says he is guilty as charged in the Indictment. Whereupon the Court doth assess as a fine upon the said Defendant the sum of $10. It is therefore considered by the Court that the State of Missouri have of and from the said Defendant her fine and also costs and that she have execution therefor.

State of Missouri Plaintiff
vs                                                   Disturbing Peace of Neighborhood
Madison Day Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced ready for trial thereupon come a Jury, to wit: Joseph Miller, B.W. Cannefax, W.H. Burden, William Gray, J.S. Rose, W. Skeen, R. Thompson, H.R. Hendricks, Thomas Turner, W.F. Cates, A.C. Bradley and Robert Cannon, twelve good and lawful men who being elected tried and sworn to try the issue joined having heard the evidence and received the instructions of the Court, retire to consider oftheir verdict. "We the Jury find the Defendant not guilty as charged in the Indictment. Robert Cannon, foreman". It is therefore considered by the Court that the State of Missouri take nothing by her suit and the Defendant be discharged hereof and go hence without day.

84
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 309.

State of Missouri Plaintiff
vs                                                   Gaming
William Littlepage Defendant
Now at this day comes the said State of Missouri who prosecutes in this behalf and the said William Littlepage being thrice solemnly called comes not but herein makes default. And the said (blank) Loven being also called and required to bring in the body of the said Littlepage and he therein also failed. Whereupon the recognizance entitled into by the said William Littlepage and ______ Loven for his appearance at this term of this Court to answer said Indictment has been forfeited. It is therefore ordered by the Court that the State of Missouri have and recover of the said Littlepage and _____ Loven the said sum of $100 the amount of said recognizance and that a writ of sciri facias issue returnable on the first day of the next term of this Court causing the said William Littlepage and ______Loven to show cause why execution should not issue herein.

Now at this day comes the Grand Jury and return the following true bill of Indictment, namely:
State of Missouri vs James Comstock for Grand Larceny, which is ordered to be filed and capias issued thereon.

State of Missouri Plaintiff
vs                                                   Grand Larceny
James Comstock Defendant
Ordered by the Court that John S. Waddill and Jarvis Barker be assigned as Counsel in this cause.

Ordered by the Court that _____ Irby be committed to jail of Greene County for contempt of this Court until otherwise ordered.

p 310/311.
State of Missouri Plaintiff
vs                                               Selling Goods Without License #1 through #9.
Samuel Jones Defendant
Now at this day comes the Circuit Attorney and by leave of the Court files interrogatories against Benjamin Hass and J.R. Larrason garnishees in this cause.

p 312.March 10, 1859.
John P. Norvell
vs
Henderson Gaither et al
Now at this day the motion to dismiss this cause for want of prosecution coming on to be heard and the Court being fully advised of and concerning the premises said motion is by the Court sustained. It is therefore considered by the Court that this cause be dismissed and the Defendant have his costs laid out and expended and that he have execution therefor.

State of Missouri Plaintiff
vs                                                   Felonious Assault
William Lancaster Defendant
Now at this day the motion to quash the Indictment in this cause coming on to be heard and the Court being fully advised of and concerning the premises, said motion is
(continued)

85
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 312 - continued.
sustained. It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

p 312/313.
State of Missouri Plaintiff
vs                                                   Bigamy
Thomas Mansfield Defendant
Now at this day the motion to quash the indictment in this cause coming on to be heard and the Court being fully advised of and concerning the premises said motion is sustained and said Bill of Indictment is by the Court quashed.It is therefore considered by the Court that the State of Missouri take nothing by her suit.Thereupon comes the Circuit Attorney who prosecutes for the State and prays an appeal to the Supreme Court which is by the Court granted.Whereupon comes the said Defendant Thomas Mansfield and Littleberry Hendricks as his security who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattles lands and tenements; to be void on condition that said Thomas Mansfield make his personal appearance before the Judge of the Supreme Court in the city of Jefferson on the first Monday of July next abide the judgment of said Court and not depart the same without leave.

p 313.
State of Missouri Plaintiff
vs                                                   Permitting Slave to Sell Liquor #1
Peyton Nowlin Defendant
Now at this day the motion to dismiss this cause for want of prosecution and the Court being fully advised of and concerning the premises said mOtion is by the Court sustained. It is therefore considered by the Court that this cause be dismissed and that the defendant be discharged hereof and go hence without day.

p 314.
State of Missouri Plaintiff
vs                                                   Permitting Slave to Sell Liquor #2
Peyton Nowlin Defendant
Now at this day the motion to dismiss this cause for want of prosecution and the Court being fully advised of and concerning the premises said motion is by the Court sustained. It is therefore considered by the Court that this cause be dismissed and that the defendant be discharged hereof and go hence without day.

p 314.
State of Missouri Plaintiff
vs                                               Permitting Slave to Sell Liquor #3, #4, #5, #6
Peyton Nowlin Defendant
Now at this day the motion to dismiss this cause for want of prosecution and the Court being fully advised of and concerning the premises said motion is by the Court sustained. It is therefore considered by the Court that this cause be dismissed and that the defendant be discharged hereof and go hence without day.

p 315.
State of Missouri Plaintiff
vs                                                   Permitting Slave to Sell Liquor #7, #8 and #9.
Peyton Nowlin Defendant
Now at this day the motion to dismiss this cause for want of prosecution and the Court
(cont)

86
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 315 (cont)
being fully advised of and concerning the premises said motion is by the Court sustained. It is therefore considered by the Court that this cause be dismissed and that the defendant be discharged hereof and go hence without day.

A.J. Ricketts Plaintiff
vs                                                   Civil Action
John Ricketts Defendant
Now at this day comes the Plaintiff and files his bond for costs with Enoch Herrington and William L. Herrington as his securities and this cause is continued until the next term of this Court by Plaintiff paying the costs of this term. And it is ordered that execution issue against him and his said securities for the same.

p 316.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney and also the Defendant who announce themselves ready for trial whereupon comes a Jury, to wit: James Alexander, Jabez Owen, W.J. Trowbridge, C.C. Bradley, W.D. Hendricks, P.J. Wise, W.L. Herrington, W.A. Pursley, J.S. Rose, W.J. Bradley and Pery Hasting, twelve good and lawful men who being elected tried and sworn to try the issue joined, retired to consider of their verdict and again return into Court and render the following verdict, "We the Jury find the Defendant guilty in manner and form as charged in the Indictment and assess as a fine the sum of twenty dollars, Jabez Owen, foreman." It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine and also costs that she have execution therefore.

Louisiana Haden et al
vs                                                   Exparte Petition
Now at this day comes J.T. Campbell, former Sheriff of Greene County, and files his report of sales and distribution of Proceeds in this cause which is in all things by the Court approved.

p 317.
State of Missouri Plaintiff
vs                                                   Selling Liquor on Sunday
John Guinn Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial thereupon came a Jury, to wit: J.J. Bradley, R.R. Faulkner, J.H. Miller, Isaac Dyre, R.H. Dixon, J.W. Lingo, W.M. Hunt, A.M. Appleby, G.W. Hancock, William Thompson, E. Brower, V.J. Rush, twelve good and lawful men who being elected tried and sworn to try the issue joined by instruction of the Court returned the following verdict, to wit: "We the Jury find the Defendant not guilty, R.P. Faulkner, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her suit and the Defendant be discharged hereof and go hence without day.

p 317/318.
State of Missouri Plaintiff
vs                                                   False Swearing
Charles McClure Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial whereupon comes a Jury, to wit: J.M. Carthel, W.A. Purselly,
(continued)

87
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
MARCH TERM 1859

p 317/318 - cont.
John Layton, Isaac Dyre, B.W. Cannefax, J.J. Bradley, W.B. Farmer, William Gray, R.Q. Banfield, R.P. Faulkner, J. Alexander and Thomas Richardson, twelve good and lawful men, who being elected tried and sworn to try the issue joined, having heard the evidence by instruction of the Court return the following verdict, "We the Jury find the Defendant not guilty, W.B. Farmer, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her suit and the Defendant be discharged hereof and go hence without day.

p 318.
John D. Brown Plaintiff
vs                                                   Civil Action on Attachment
William Dudley Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant had been duly served with process and having failed to plead answer or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendant and the amount ascertained thereby the Court doth find that the Defendant is indebted to the Plaintiff in the sum of $96.75 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from he said Defendant his said debt and damage and also costs and that the property attached North side of NE 1/4 Sect 9 TWP 27 Range 20 and two lots in _______ be sold for the same and that he have a special fiera facias thereon.

p 319.
State of Missouri Plaintiff
vs                                                   For Killing a Mule
E. Small Defendant
Now at this day comes the Circuit Attorney and also the Defendant and having announced themselves ready for trial whereupon comes a Jury, to wit: W. Simpson, John Young, T. Carter, J.S. Rose, Alexander Evans, W.J. Bradley, J.J. Bradley, W.R. Robinson, William Porter, N. Trantham, H.H. Cunningham and J.W. Lingo twelve good and lawful men who being elected, tried and sworn to try the issue joined, having heard the evidence and there not being time to complete the trial are permitted to disperse under charge of the Court until tomorrow morning at 9 o'clock.

p 320. March 11, 1859.
State of Missouri Plaintiff
vs                                                   Forgery
J.V. Wallace Defendant
Now at this day comes the Circuit Attorney and says he will not further prosecute this Suit but will, by leave of the Court, dismiss the same on account of the death of the Defendant. It is therefore ordered by the Court the same be dismissed.

p 320/321.
State of Missouri Plaintiff
vs                                                   Killing Mule
E. Small Defendant
Now at this day again come the Jury empannelled in this cause and having received the instructions of the Court and heard the argument of Counsel return to consider of the verdict and again return into Court and return the following verdict: "We the Jury find the Defendant not guilty as charged in the indictment, John Young, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her suit and that the Defendant be discharged hereof and go hence without day.

88

March Term Continued
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