Abstract of Circuit Court Record Books 1846 - 1852

GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

November Term 1848
Book C.

p 269.
Be it remembered at a regular term of the Circuit Court of the County of Greene began and held at the Court House in the City of Springfield in said County on Monday the Thirteenth day of November A.D. 1848. Present the Honorable Charles S. Yancey Judge of said Court George W. Kelly Sheriff and Joshua Davis Clerk. Now at this day comes the Sheriff of said County and returns here into Court the following panel of Grand Jurors upon the veniri facias to him for that purpose directed, to wit: Thomas Potter foreman 1. William R. Medley 2. John T. Boals 3. William Stout 4. Benjamin S. Lane 5. John W. Hancock 6. William H. Sewell 7. Isaac Julian 8. Jcseph Farrier 9. Joseph Burden 10. Thomas J. Hodges 11. William W. Andrews 12. Stewart Warren 13. William Folden 14. Thomas W. Lawrence 15. Joseph Mullenax 16. William L.Herrington 17. Jesse H. Kelly 18 eighteen good and lawful men who being duly empanelled sworn and charged as Grand Jurors for the County aforesaid retired to consider of their duties.

p 270. Nil

55
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
NOVEMBER TERM 1848

p 270.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and it appearing to the Court that Constantine Perkins has been duly subpoenaed to attend this Court on the first day of the present term as a witness on behalf of said State in this cause and that he has failed to attend as such witness, it is therefore ordered on application of said Circuit Attorney that an attachment issue against said Constantine Perkins, directed to the Sheriff of Greene County and returnable forthwith.

State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and it appearing to the Court that Carey H. Bryson has been duly subpoenaed to attend this Court on the first day of the present term as a witness on behalf of said State in this cause and that he has failed to attend as such witness, it is therefore ordered on application of said Circuit Attorney that an attachment issue against said Carey H. Bryson, directed to the Sheriff of Polk County and returnable forthwith.

State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes the Circuit Attorney who prosecutes for said State in this behalf and it appearing to the Court that Landon Sanders has been duly subpoenaed to attend this Court on the first day of the present term as a witness on behalf of said State in this cause and that he has failed to attend as such witness, it is therefore ordered on application of said Circuit Attorney that an attachment issue against said Landon' Sanders directed to the Sheriff of Polk County and returnable forthwith.

p 272 nil

p 273.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the said State in this behalf as the said Defendant in his own proper person and the said Defendant's motion to examine the panel of Jurors summoned in this cause being seen and by the Court fully understood it is considered by the Court that the same be overruled and thereupon the said Defendant files herein his bill of exceptions to the overruling of said motion.

John Weaver, to the use of William Webb Plaintiff
vs                                                   Petition in Debt
Christopher McElhanon Defendant
Now at this day come the said parties by their respective attorneys and the Court here being sufficiently advised of and concerning the premises and the said demurer of the said Defendant being seen and fully understood by the Court it is considered by the Court that the said petition of the said Plaintiff is not sufficient in Law for the said Plaintiff to have or maintain his action against the said Defendant and that the said demurer be sustained and the said Plaintiff take nothing by his action aforesaid and the said Defendant go hence without day and have and recover his costs in this behalf expended of and from the said Plaintiff for which execution may issue.
(cont)

56
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
November Term 1848

p 273 (continued)
And thereupon the said Plaintiff files herein his affidavit for an appeal in this cause to the Supreme Court and prays that an appeal may be allowed him in this cause from the Judgment of this Court to the Supreme Court of this State which appeal is by the Court allowed as prayed for.

p 273/274.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for said State in this behalf as the said Defendant in his own proper person and the said Defendant being inquired of how he will acquit himself of the charge by the said indictment alledged against him says that he is not guilty in manner and form as he is charged in said indictment and of this he puts himself upon the County and the said Circuit Attorney doth the like and thereupon came a Jury, to wit: William D. Anderson 1. Hugh Stewart 2. William Townsend 3. John Wilson 4. E.P. Gott 5. R.P. Haden 6. Peyton Nowlin 7. Militian Townsend 8. Richard Gott 9. Abraham Woody 10. Phineas C. Isbell 11. James M. Apperson 12 twelve good and lawful men who are duly elected tried and sworn well and truly to try the issue aforesaid joined between the parties in this cause.

p 274.
Thomas J. Whitlock Plaintiff
vs                                                   Petition in Debt
Edmund Turner Defendant
Now at this day come the said parties by their respective attorneys and neither party requiring a Jury the issue joined in this cause is submitted to the Court for trial. And thereupon the Court does find that the said Defendant owes and stands justly indebted to the said Plaintiff in the sum of $623.56 and the said Plaintiff has sustained damage by reason of the non-payment thereof in the sum of $31.67. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $623.56 for his debt and the further sum of $31.67 for his damages aforesaid together with his costs in this behalf laid out and expended for all of whiich execution may issue.

p 275.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes as well the Circuit Attorney who prosecutes for the State in this behalf and the said Defendant in his own proper person and it appearing to the Court that Mrs. Solomon Daniel has been duly subpoenaed to attend as a witness in this cause on the part of the said Defendant on the first day of the present term of this Court and the said Mrs. Solomon Daniel having failed to attend as such witness - and it further appearing to the Court that Clinton Barrett and William R. Matthews having been duly subpoenaed to attend as witnesses in this cause on the part of the said State on the first day of the present term of this Court and the said Clinton Barrett and William R. Matthews having failed to attend as such witness, it is therefore ordered by the Court that attachments issued against the said Mrs. Solomon Daniel, Clinton Barrett and William R. Matthews directed to the County of Greene and returnable forthwith.

57
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
NOVEMBER TERM 1848.

p 275. Thursday Morning Novevber 16, 1848.

Court met pursuant to adjournment - Present as of yesterday.

State of Missouri, in the relation and to the use of Edward Fisher and Samuel Hanson
vs                                                   Debt on Assigned Bond
Robert W. Crawford, Joel H. Haden
and John P. Campbell
Now at this day comes the said Defendant Crawford by his attorney and by leave of the Court files herein his plea of the General Issue in this cause - and also comes the said Plaintiff by her attorney and by leave of the Court files herein a Petition for a Change of Venue in this cause supported by the affidavit of the said Edward Fisher which petition being seen and fully understood by the Court and reasonable notice having been given to the attorneys of said Defendants - it is ordered by the Court that a Change of Venue be awarded in this cause to the Circuit Court of the County of Wright in the Fourteenth Judicial Circuit of the State of Missouri.

p 276/277.
Joseph Purham
vs                                                   Petition to Forclose Mortgage
Samuel M. McCorkle
Now at this day comes the said Plaintiff by Joseph E. Gary his attorney, and files herein his petition to forclose a certain mortgage executed by the said Defendants to the said Plaintiff of the following described tract of land situate in the County of Greene, to wit: the SW 1/4 of the SW 1/4 of Sect. 33 in Township 29 of Range 21 containing 40 acres for the purpose of serving this Plaintiff in the payment of the sum of $126.14 which mortgage became forfeit by the terms thereof on the 17th day of October A.D. 1846 by the non-payment of said Debt and the interest thereon - and thereupon the said Joseph E. Gary files herein a Power-of-Attorney from the said Defendant authorizing and empowering the said Joseph E. Gary to confess a Judgment of forclosure of said Mortgage and Judgment for the Debt and interest due thereon the execution of which Power-of-Attorney having been proved to the Court the said Defendant by his attorney aforesaid Joseph E. Gary says that he cannot deny that he owes and stands justly indebted to the said Plaintiff in the said sum of $126.14 and that the said Plaintiff has sustained damage by reason of the non-payment thereof in the sum of $40.25 and that the said land was mortgaged as above stated for the purpose of securing the payment of the same. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant the said sum of $126.14 for his debt and the further sum of $40.25 for his damages aforesaid to be levied of the SW 1/4 of the SW 1/4 of Sect. 33 of Township 29 ofRange 21 containing 40 acres and if said land be not sufficient to satisfy said debt and damages then the residue to be levied of the other goods chattles lands and tenements of said Defendant - and being an agreement of said parties shown to the Court by said attorney, Joseph E. Gary, that no execution shall issue on this judgment for 10 months from this date and also that said Plaintiff pay the costs of this cause it is further considered by the Court that the said Defendant have and recover of and from the said Plaintiff his costs in this behalf expended for which execution may issue and that after the expiration of ten months from this date that execution may issue for said debt and damages.

Friday Morning Novebber 17th 1848.

Now at this day in consequence of the Circuit Attorney being incapacitated by illness to discharge the duties of his office, Joseph E. Gary is appointed by the Court Circuit Attorney pro tempore and therefore the said Joseph E. Gary is duly sworn according to Law as such Circuit Attorney pro tempore.

58
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
NOVEMBER TERM 1848

p 277
Now at this day came here into Court the Grand Jurors eppannelled at this term of this Court and return here into Court the following Indictments as True Bills, to wit:

State of Missouri
vs                                                  
David Guthrey Indictment for larceny
John Dixon and Susannah Johnson Indictment for Lewdness
Elbert Martin and Roderick W. Bruer Indictment for Gaming
Elbert Martin and John Wilkerson Jr. Indictment for Gaming
William Adamson Indictment for Murder.

Ordered by the Court that capiases issue on all indictments found by the Grand Jurors at this term of this Court. William McFarland, late Sheriff of the County of Greene toSheriff's Deed in Partition Thomas Riddles. Now at this day comes the said William McFarland who is personally known to the Court to be the same person who was late Sheriff of said County as described in said Deed and to be the same person whose name is subscribed to said Deed as party thereto and acknowledges that he executed said deed conveying to said Thomas Riddles the following described tracts of land situate in said County, to wit: the NE 1/4 of the NE 1/4 of Section 22 - the E 1/2 of the NW 1/4 and the NE 1/4 of the NE 1/4 of Section 23, all in Township thirty (30) of Range twentyone (21) for the uses and purposes in said deed mentioned.

p 278/279.
William McFarland, late Sheriff
of the County of Greene
to                                                   Sheriff's Deed in Partition
John H. Akin
Now at this day comes the said William McFarland who is personally known to the Court to be the same person who was late Sheriff of said County as described in said Deed and whose name is subscribed to said Deed as party thereto and acknowledges that he executed said Deed conveying to said John H. Akin the following described tract of land situate in said County, to wit: the NW 1/4 of the NE 1/4 of Sect. 23 in Township 30 of Range 21 for the uses and purposes in said Deed mentioned.

State of Missouri
vs                                                   Recognizance
Thomas B. Neaves
Now at this day it appearing to the Court that no indictment has been found against the said Neaves and that the said Neaves has complied with the condition of said recognizance it is ordered by the Court that the said Neaves be hereof discharged and that he go hence without day.

p 279.
Now at this day comes Stephen Raisbeck and it appearing to the Court that the said Raisbeck was at the last term of this Court admitted to become a Citizen of the United States and that the entry of such admission was omitted to be placed on the record of this Court, it is therefore ordered by the Court that nunc pro tunc the following entry be made on the record of said Court, to wit:
(continued)

59
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
NOVEMBER TERM 1849

p 279.
State of Missouri, County of Greene
In the Circuit Court of Greene County May Term A.D. 1848, Stephen Raisbeck, a native of England, who applies to be admitted a Citizen of the United States comes and proves to the satisfaction of the Court that he has resided in the United States at least five years and in the State of Missouri at least one Year immediately preceding this application during which time he has conducted himself as a man of good moral character attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the same and the Court moreover being satisfied that said applicant has taken the preparatory steps required by the Laws of the United States concerning the Naturalization of Foreigners and he declaring here in Open Court upon oath that he will support the Constitution of the United States and that he does absolutely renounce and abjure forever all allegiance and fidelity to every foreign pcMer, prince, state and sovereignty whatsoever and particularly to Queen Victoria of whom he is at present a subject therefore the said Stephen Raisbeck is admitted a Citizen of theUnited States.

p 280. Saturday Morning November 18th 1848.
Washington Matthews Plaintiff
vs                                                   Trespass
William Adamson and Ezekiel Merriman Defendants
Now at this day comes the attorney of the said Plaintiff during his life and suggests to the Court that the said Plaintiff has departed this life since the last term of this Court and that Christiana Matthews is executrix of the last will and testament of said Plaintiff and that this suit be revived in her name as such executrix. It is therefore ordered by the Court that a sciri facias issue against the said Defendants to show cause if any they can at the next term of this Court why this suit should not be revived in the name of the said Christiana Matthews as such executrix substituted as Plaintif£- in the place of said Washington Matthews, deceased.

p 281. Monday Morning November 20th 1848.
Now at this day comes George W. Kelly who is personsona1ly known to the Court here to be the same person who is Sheriff of the County of Greene and whose name is subscribed to the Deed hereinafter mentioned as party thereto and he acknowledged that he executed a certain Deed now shewn to the Court conveying to Royal Shumway and Jude Snow John Whitbeck's interest in Townships 28 and 29 of Range 21 for the uses and purposes therein mentioned.

p 282. Tuesday Morning November 21st, 1848.
State of Missouri Plaintiff
vs                                                   Indictment for Murder
Ezekiel Merriman Defendant
Now at this day comes the Jury who had been elected tried and sworn to try the issue and not being able to agree upon a verdict was by the Court discharged.

State of Missouri Plaintiff
vs                                                   Murder
Ezekiel Merriman Defendant
Now at this day comes the Circuit Attorney who prosecutes in behalf of the State of Missouri and moves the Court for an alias attachment for Landen Sanders and Carey H. Bryson directed to the Sheriff of Polk County returnable to the next term of this Court which motion is sustained by the Court and ordered by the Court that such attachment be awarded accordingly.

60
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

Book C.
NOVEMBER 1848.

p 283.
State of Missouri Plaintiff
vs                                                   Murder
Ezekiel Merriman Defendant
Now at this day comes Christiana Matthews 1. 2. John McElhanon. 3 William Stokes. 4 Robert Acock. 5 Robert Ross. 6 Henry Scroggins. 7 Sarah Phillips. 8 Martha Looney 9 Jesse H. Kelley. 10 Thos. Lemmon 11 David Ross. 12 James Johnson. 13 Daniel L. Malicoat. 14 George Matthews. 15 Barrett Lemmon. Lemmon. 16 George Phillips. 17 Elbert S. Barrett. 18 Thomas K. Perryman. 19 John Cook. 20 Wm. E. Williams. 21 Wilson Edwards. 22 Isaac Killingsworth. 23 Wm. Killingsworth. 24 Green B. Adams, who severally ack nowledged themselves to owe and stand justly indebted to the State of Missouri in the sum of $50 to be levied of their respective goods and chattles lands and tenements to be void upon this condition if they shall appear in their own proper person at the Court House in the city of Springfield on the first day of the next term of the Greene Circuit Court which will be held on the third Monday after the fourth Monday in April, next, (1849) and not depart the same without leave then this recognizance to be void, otherwise to remain full force power and effect.

Thomas J. Bailey Plaintiff
vs                                                   Petition to Forclose Mortgage
John Dixon Defendant
Now at this day comes the said Plaintiff by his attorney, the Defendant being thrice called comes not but makes default. And it appearing to the satisfaction of the Court that the said Defendant has been duly swmnoned in this case, and it also appearing that the said suit is founded on a Mortgage Deed made to secure the payment of a certain promissary note in writing which said Mortgage Deed and Promissory Note were seen and fully understood by the Court setting as a Jury. The Court do find that the said Defendant is justly indebted to the said Plaintiff in the sum of _______ dollars his Debt and damages by him sustained by reason of the detention thereof due as aforesaid and secured as aforesaid. It is therefore considered by the Court that the said Plaintiff have and recover of and from the said Defendant his debt and damages aforesaid together with his costs and charges by him in this behalf laid out and expended and that the same be levied of the real estate specified in the said Mortgage Deed which is described as follows to wit: the NW 1/4 of the NW 1/4 of Sect 2 of the E 1/2 of Lots No. 1 and No. 2 of NW fractional 1/4 and W 1/2 of Lot No. 2 NW fractional 1/4 of Sect No. 2, all in Township No. 27 of Range No. 23 W. It is also further considered by the Court that if the Mortgaged property be insufficient to satisfy said debt damages and costs that the residue be levied of other goods and chattles lands and tenements of said Defendant for all of which execution may issue.

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