Abstract of Circuit Court Record Books 1857 - 1860

GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

September Term 1858
Book D JR

p 162. motions filed.

p 166.
Be it remembered that at the regular term of the Greene Circuit Court held at the Court House in the City of Springfield in the County of Greene in the State of Missouri on the first Monday in September 1858 there were present:
Hon. P.H. Edwards Judge of said Circuit
A.G. McCracken Clerk of said Court
Julian Frazier Circuit Attorney
Henry Matlock Sheriff of Greene County
And now at this day comes the said Sheriff after being sworn and returns in to Court here the following pannell of Grand Jurors viz Samuel Hall, who was by the Court appointed foreman; William Wilson, Abraham Woody, John Hunt, John R. Weaver, Joel Philips, James W. Edwards, John Murray, John McElhannon, H.H. Blanchard, H.R. Jarratt, William Christopher, Stewart Warren, Joseph Moss and William B. Edwards, fifteen good and lawful men who being duly elected were sworn and charged to well and truly enquire in and for the body of the County retired to consider of their presentments.

Ordered by the Court that Joseph A. Finly and Smith Elkins be permitted to sign the Roll of Attorneys.

p 167.
Peyton Nowlin Indictments all continued until next Court Term.

p 168.
State of Missouri Plaintiff
vs                                                   Gaming
Robert Trimble Defendant
Now at this day comes the Circuit Attorney and also the Defendant by att.for a plea says he is guilty as he stands charged in the indictment and puts himself on the mercy of the Court whereupon the Court doth fine the said Defendant the sum of ten dollars for the commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant her said fine of ten dollars and also her costs laid out and expended for which execution issue.

p 169.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Arnett Peck Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and William H. Cradeck who acknowledges himself to owe and stand indebted to the State of Missouri in the Sum of $100 to be levied of his goods and chattles lands and tenements to be void on condition that the said William H. Cradick appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 and testify and the truth speake in cause pending in said Court wherein the State of Missouri is Plaintiff and Arnett Peck is Defendant and not depart this Court without leave.

37
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 170.
Felix G. McKay Plaintiff
vs                                                   Civil Action
Henderson Jones Defendant
Now at this day comes the Plaintiff by attorney as also the Defendant in person into open Court and says the facts set forth in Plaintiff's petition are true and confesses Judgment in favor of said Plaintiff for the sum of $500 Debt and $6.25 damage. It is therefore considered by the Court that the said Plaintiff have and recover of and from said Defendant the said sum of $500 debt and $6.25 damages and also his costs in this suit laid out and expended and that he have execution therefor.

p 170.
Jesse (a man of color) Plaintiff
vs                                                   on FI FA
Henry McKinly Defendant
Now at this day comes the Defendant by his attorney and by leave of the Court files his motion to quash the service of the Fi Fa in this cause.

p 171.
State of Missouri Plaintiff
vs                                                   Holding Stakes
Jeptha Mason Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also the Defendant in his own proper person who for a plea that he is guilty as he stands charged in the Bill of Indictment and puts himself upon the mercy of the Court whereupon the Court doth assess a fine of five dollars on said Defendant for commission of the offense. It is therefore considered by the Court that the State of Missouri have and recover of and from the said Defendant the sum of five dollars for his fine and also costs in this behalf expended and that she have execution thereof.

p 171/172
State of Missouri Plaintiff
vs                                                   Indictment for Rape
Preston Jones Defendant
Now at this day comes the Circuit Attorney and on motion ordered by the Court that issue to the Clerk of the McDonald Circuit Court requiring him to perfect his transcript in this Court.

p 172.
State of Missouri Plaintiff
vs                                                   Rape
Preston Jones Defendant
Now at this day comes the Circuit Attorney and on motion it is ordered that attachments issue against John Carrol, Robert D. Blackslone, R. Cox witness in the cause returnable to the next term of this Court.

p 172.
State of Missouri Plaintiff
vs                                                   Rape
Preston Jones Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf as also G.W. Wolsey, William Mafford, Thomas P. Bradley and Austin Kirby, witnesses in this cause who acknowledged themselves to owe and stand indebted to the State of Missouri
(cont)

38
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JY
SEPTEMBER TERM 1858

p 172 (continued)
in the sum of $100 each to be void on condition that they make their appearance before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 and testify in said cause and not depart said Court without leave.

p 173.
State of Missouri Plaintiff
vs                                                   Felonious Assault
William D. Miller Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant in his own proper person and by attorney and having announced themselves ready for trial thereupon came a Jury viz Samuel Wood, R.B. Edmonson, Edward West, Pleasant Sallie, James Boone, John C. Boone, Elijah Henit, John Foster, N.W. Crocket, N. McCoy, M.C. Murray and William Tatem twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined, having heard a portion of the testimony and there not being sufficient time to complete the same are permitted to disperse under the charge of the Court until 9 o'clock tomorrow.

State of Missouri Plaintiff
vs                                                   Rape
Preston JonesDefendant
Now at this day comes the securities for the Defendant in this cause and deliver the said Defendant into Court who is ordered into custody of the Sheriff.

p 174. Tuesday, Sep. 7, 1858
State of Missouri Plaintiff
vs                                                   Felonious Assault
William D. Miller Defendant
Now at this day comes the Jury empannelled in this cause and having heard the evidence received the instructions of the Court and heard all the argument of counsel retire to consider of their verdict, and again return into Court and return the following verdict "We the Jury find the Defendant not guilty as charged in the Indictment. Samuel Wood, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day.

p 175.
State of Missouri Plaintiff
vs                                                   Betting on Election
Samuel P. Hughes Defendant
Now at this day comes the Defendant by attorney and on motion and for good cause shown t he judgment rendered at the last term of this Court against Defendant is by the Court set aside.

p 175/176
State of Missouri Plaintiff
vs                                                   Betting on Election
Samuel P. Hughes Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the Defendant who says for a plea that be is guilty as charged in the Indictment and puts himself on the mercy of the Court, whereupon the Court doth fine the Defendant the sum of $7.50. It is therefore considered by the Court that the State of Missouri have and recover of and from the Defendant the said Sum of $7.50 and also costs of said suit and have execution therefor.

39
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 176.
State of Missouri Plaintiff
vs                                                   Felonious Assault
Welcher Campbell Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also Ephraim Daniel and W.A. Pursley who acknowledged themselves to stand indebted to the State of Missouri in the sum of $100 each to be levied of their goods and chattles and lands and tenements to be void on condition that they be and appear before the Judge of the Greene Circuit Court on the first Monday in March, next, and testify in said cause and not depart said Court without leave.

p 176/177.
State of Missouri Plaintiff
vs                                                   Felonious assault
N.P. Gardner Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and also W.A. McConnell who acknowledged himself to stand indebted to the State of Missouri in the sum of $100 to be levied of his goods and chattles lands and tenements to be void on condition that he be and appear before the Judge of the Greene Circuit Court on the first Monday in March, next, and testify in said cause and not depart said Court without leave.

p 178.
State of Missouri Plaintiff
vs                                                   Selling Liquor Inds #1, 2, 3, 4.
John Daniel Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri and on motion this cause is continued until the next term of this Court and ordered that an attachment issue for R.J. Banfield a witness in this cause returnable to the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
P.J. Nicholson Defendant
Now at this day comes the Circuit attorney and by leave this cause is continued until the next term of this Court.

p 179.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
P.J. Nicholson Defendant
Now at this day conie the Circuit Attorney who prosecutes for the State and also Robert McCoy a witness in this cause who acknowledged hiinself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in said cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
P.J. Nicholson Defendant
(same text as item above except William Lower, witness)

40
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
SEPTEMBER TERM 1858

p 180.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #5
P.J. Nicholson Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also J.R. Willis a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our GreeneCircuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
P.J. Nicholson Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also Henry McGowan a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause not depart said Court without leave.

p 181.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
P.J. Nicholson Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also J.R. Willis a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
William Johns Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also Robert McCoy a witneSs in this cause who acknowledged himself to owe and stand indebited to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of Our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without leave.

p 182.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
William Johns Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also J.R. Willis a witness in this cause who acknowledged himself to owe and stand indebited to the State of Missouri in the sum of $50 to be void on condition that J.R. Willis shall be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor without License #1
William Hudgins Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also Robert McCoy a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear
(cont.)

41
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
SEPTEMBER TERM 1858

p 182 (cont.)
before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without cause.

p 183.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
William Hudgins Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also William Lower a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
D.B. Garrison Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also William Felton and George M. Darden witnesses in this cause who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $50 to be void On condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without cause.

p 184.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
D.B. Garrison Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also George M. Darden a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our GreeneCircuit Court On the first Monday in March 1899 and testify in this cause and not depart said Court without cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License # 2
D.B. Garrison Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also William Felton and George M. Darden witnesses in this cause who acknowledged themselves to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without cause.

p 185.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
D.B. Garrison Defendant
Now at this day come the Circuit Attorney who prosecutes for the State and also Jerome Young a witness in this cause who acknowledged himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of our Greene Circuit Court on the first Monday in March 1859 and testify in this cause and not depart said Court without cause.

42
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
SEPTEMBER TERM 1858

p 185
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #5
D.B. Garrison Defendant
Now at this day conies the Circuit Attorney who prosecutes in this behalf and on motion it is ordered that an attachment issue for John F. McDaniel a witness in this cause returnable to the next term of this Court.

p 186/187.
Edward West Exparte
Now at this day comes the Sheriff and returns the Writ of ad quod damnum heretofore issued upon filing of the petition of the said Edward West and it appearing from the return that the Sheriff in obedience to said Writ summoned twelve fit persons of the County to meet at the place mentioned in said petition to examine the premises and it appearing that the Sheriff attend said persons at the place aforesaid and said Jury of twelve persons were well and truly sworn to make full examination and that after full examination they find:

First That no proprietor will sustain any damage from inundation.
Second That no injury will be sustained by any proprietor of a manion house or outhouses, appurtanances, gardens or land.
Third That no injury from fish or passage.
Fourth That the health of the neighborhood will not be materially impaired or annoyed in consequence of such erection.

And it appearing from the petition that said West desires to erect a dam across a stream of water called Sac on the following land of which he is the owner on both sides of said stream. Lot No. One of the SE fra 1/4 of Sect No 6 in TWP 29 Range 24 at a point about one hundred yards below the low end of a bluff situate on said land on the west side of said stream. It is therefore ordered adjudged and decreed by the Court that said Edward West be permitted to erect a dam across said stream at the place aforesaid for the purpose of connecting to said dam a saw and grist mill provided that ordinary navigation and fish of passage shall not be obstructed by such erection and that the costs of this proceeding be adjudged to be paid by said Edward West.

p 187.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
McGruder Tannehill Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and ordered that an attachment issue for Alfred Abamon a witness in this cause returnable to the present term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
McGruder Tannehill Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and ordered that an attachment issue for Alfred Abamon a witness in this cause returnable to the present term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
McGruder Tannehill Defendant
(same text as last above)

43
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 187
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
McGruder Tannehill Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and ordered that an attachment issue for Alfred Abamon a witness in this cause returnable to the present term of this Court..

p 188.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #5
McGruder Tannehill Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and ordered that an attachment issue for Alfred Abamon and Harden Wood witnesses in this cause returnable to the present term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and it is ordered that an alias writ issue in this cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and it is ordered that an alias writ issue in this cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and by leave of this cause is continued until the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #4
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and by leave of this cause is continued until the next term of this Court.

p 189
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #5 - #10 William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and by leave of this cause is continued until the next term of this Court.

p 190.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #11 - #16
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and by leave of this cause is continued until the next term of this Court.

44
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 191.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #12
William C. Whitlock Defendant
Now at this day comes the Circuit Attorney and by leave of this cause is continued until the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and by order of the Court there is an alias writ ordered in this cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and by order of the Court there is an alias writ ordered in this cause.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #3 #4 #5
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and by order of the Court there is an alias writ ordered in this cause. Cause is continued until the next term of this Court.

p 192.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #6 - #11.
A.J. Simmons Defendant
Now at this day comes the Circuit Attorney and by order of the Court there is an alias writ ordered in this cause. Cause is continued until the next term of this Court.

p 193.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Greene Warren Defendant
Now at this day comes the Circuit Attorney who prosecutes and also the Defendant by attorney and by leave of the Court this cause is continued until the next term of this Court.

p 193.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
D.W. Bryant Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and by leave of the Court this cause is continued until the next term of this Court and order that an attachment issue for D. Kennedy returnable to the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
D.W. Bryant Defendant
Now at this day comes the Circuit Attorney who proSecuteS for the State and also Isaac Dyers a witness in this cause who acknowledges himself to owe and stand indebted to the
(continued)

45
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 193 (cont)
State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 and testify in said cause and not depart said Court without leave.

p 193/194.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #1
William F. Brown Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also Alvin Davidson a witness in this cause who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 and testify in said cause and not depart said Court without leave.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License #2
William F. Brown Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also J.C. Simmon a witnCs5 in this cause who acknowledges himself to owe and stand indebted to the State of Missouri in the sum of $50 to be void on condition that he be and appear before the Judge of the Greene Circuit Court at the Court House in Springfield on the first Monday in March 1859 and testify in said cause and not depart said Court without leave.

p 194.
State of Missouri Plaintiff
vs                                                   On Recognizance To Keep The Peace
H. Brazeal, William Brazeal &
James M. Both Defendants
Now at this day comes the Circuit Attorney and also the parties in this cause who are by the Court discharged and ordered that Defendants by their costs incurred by this suit and that execution issue for the same.

p 195.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
A.B. McClure Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and on motion ordered that an attachment issue for Wilson Skum a Witness in this cause returnable to the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Charles Perry Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State and also the the Defendant in person and by attorney and having announced themselves ready for trial. Thereupon come a Jury, to wit: William B. Garroutte, Jos. Rowan, John Kirk, James Potter, J.R. Edwards, J.R. Guynn, J. Wallace, Joshua Bailey, J.S. McQuerter, M.J. Hubble, Thomas Cave and E.D. Pipkin, twelve good and lawful men who being duly elected tried
(continued)

46
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 195 (cont)
and sworn to well and truly try the issue joined and after having heard a portion of the evidence and there not being sufficient time to complete the same are permitted to disperse under the charge of the Court until tomorrow 9 o'clock.

p 196.
Thomas D. Wooton Plaintiff
vs                                                   Civil Action to Foreclose Mortgage
Marshall C. Murray Defendant
Now at this day comes the parties by attorney and the Defendant in person who says that the facts set forth in Plaintiffs petition are true and confesses judgment in favor of said Plaintiff for the sum of $1200 debt and also the sum of $51 damages. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $1200 debt and $51 damages and also costs of such in this cause expended and that the Equity in the real estate mentioned in said petition viz Lot 1 NW 1/4 Sect 7 TWP 29 Range 23 also Lot 2 NW 1/4 of Sec 7 TWP 29 Range 23 also E 1/2 Lot 4 NW fcl 1/4 Sect 5 Lot 6 NW fcl 1/4 Sect 5 and Lot 6 NW fcl 1/4 Sect 5 all in TWP 29 Range 23 be foreclosed and that a special fiere facias be issued directed to the Sheriff of Greene County requiring him to sell the said real estate to satisfy said debt and if this not sufficient to satisfy the same that he sell other goods and chattles lands and tenements of the Defendant to satisfy the same.

p 197. Wednesday Sept 8th 1858
State of Missouri Plaintiff
vs                                                   Adultery
Godfrey Yawn, nancy Yawn Defendants
Now at this day comes the Defendants by attorney and by leave of the Court file their motion to quash the Indictment in this cause.

H.S. Blankenship Plaintiff
vs                                                   Civil Action
John R. Edwards Defendant
Now at this day the motion to quash the service of the Writ in this cause coming on to be heard and all and singular the premise being seen and by the Court understood said motion is by the Court overruled.

p 198.
Riley Kimman Plaintiff
vs                                                   Civil Action
B.W. Cannefax Defendant
Now at this day comes the Plaintiff by his attorney and by leave of the Court says he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that the Defendant have and recover of and from the Plaintiff his costs laid out and expended and that he have execution therefor.

p 198/199.
George McKinny Plaintiff
vs                                                   Civil Action
Jabez Owen and L.A. Campbell Defendants
Now at this day comes the Plaintiff by his attorney and the said Defendants having failed to answer or plead to Plaintiffs petition the same is taken as confessed and
(continued)

47
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 198/199 (cont)
the Court from examination of the instrument sued on (it being a promissory note signed by the Defendants) find the Defendants are indebted to the Plaintiff in the sum of $416.76 Debt and $55.56 Damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the said sum of $416.76 debtand $55.56 damage and also his costs laid out and expended and that he have execution
therefore.

p 199.
S.C. Nevill Plaintiff
vs                                                   Civil Action
James Rains and James W. Boron Defendants
Now at this day comes the Plaintiff by attorney and the Defendant having failed to plead answer or demur to Plaintiff's petition and the demand being founded on a promissory note signed by the Defendants and the amount ascertained thereby the Court doth find that the said Defendants are indebted to said Plaintiff in the sum of $172.55. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendant the said sum of $172.95 and also costs of suit laid out and expended and that he have execution.

p 200.
Selling Liquor Without License Indictments continued until next term
Samuel Burlin, William Burny, Alfred Kelly and Peyton Nowlin.

p 201/202.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Alsa Woodward Defendant
Now at this day comes Franklin T. Frazier, and acknowledged himself to owe and stand justly indebted to the State of Missouri in the just and full sum of $50 to be levied of his respective goods and chattles lands and tenements to be void however upon this condition, that he the said Frazier shall make his personal appearance before the Honorable Judge of the Green Circuit Court at the Court House in the city of Springfield and give evidence in the foregoing entitled cause on the first Monday in March, next, and not depart said Court without leave then this recognizance to be void otherwise to remain in full force and effect.

p 202.
Following causes continued until next term:
State of Missouri vs William Pursley -- Felonious assault
State of Missouri vs Isham Huckeby -- Gaming
State of Missouri vs John D. Enloe -- Counterfeiting
State of Missouri vs Andrew J. Thompson -- Adultery

p 203.
State of Missouri vs Reuben Barnett -- Gaming
State of Missouri vs Reuben Barnett -- Gaming
State of Missouri vs Sylvanis Jackson -- Felonious assault
State of Missouri vsSamuel Gardner -- Gaming

p 203/204.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Vaught Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in
(continued)

48
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 203/204 (cont)
this behalf and on his motion it is ordered by the Court that an alias writ for the body of the Defendant be issued returnable at the next term of this Court.

p 204.
State of Missouri Plaintiff
vs                                                   Grand Larceny
Joseph Smith Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf and on his motion it is ordered by the Court that an alias writ for the body of the Defendant be issued returnable at the next term of this Court.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Charles Perry Defendant
Now at this day comes the Circuit Attorney who prosecutes for the State of Missouri in this behalf and the said Defendant by his attorneys and the Jury empannelled in the above entitled cause on yesterday, and after hearing all the evidence and the argument of attorneys retired to consider their verdict and after some time being spent in the Jury Room returned into Court and say "We the Jury cannot agree"and there upon by agreement of the parties, the Jury were discharged.

p 205
Following Indictment causes continued until next term of this Court
State of Missouri vs William Dudley Selling Liquor Without License
State of Missouri vs William Dudley Selling Liquor Without License
State of Missouri vs Jesse Redfearn Selling Liquor Without License
State of Missouri vs Gravener Likins Selling Liquor Without License

p 206.
State of Missouri vs Benjamin G. Andrews -- Selling Liquor Without License
State of Missouri vs Benjamin G. Andrews -- Selling Liquor Without License

Now at this day comes Stewart Warren and Abraham Woody, Grand Jurors empannelled on Monday and for good and sufficient reason it is ordered that they be excused until tomorrow morning and thereupon the Sheriff summoned Washing Merritt and James Bond two good and lawful men as Grand Jurors to act in place of the Jurors excused as aforesaid who were duly sworn and entered upon their duties as the Law requires.

p 206/207.
State of Missouri Plaintiff
vs                                                   Indictment for Bigamy
Thomas Mansfield Defendant
Now at this day comes Mark Richardson and John Sherly and acknowledged themselves to owe and stand indebted to the State of Missouri in the just and full sum of $100 to be levied of their respective goods and chattles, to be void upon this condition that the said Richardson and Sherly shall be and appear before the Honorable Judge of the Greene Circuit Court at the Court House in the city of Springfield on the first Monday in March, next, and testify as witnesses in the foregoing entitled cause then this recognizance shall be void otherwise to remain in full force.

p 207.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action on note
(continued)

49
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 207 (continued)
James J. Clarkson &
Horatio M. Parish Defendants
Now at this day comes the Plaintiff in the above entitled cause by his attorney and by leave of the Court dismisses this suit as to the said James J. Clarkson.

p 208.
Thomas J. Bailey Plaintiff
vs                                                   Civil Action on Note of hand
Horatio M. Parish Defendant
Now at this day comes the said Plaintiff and the said Defendant being three times solemnly called comes not but makes default and the said Defendant having failed to plead in said cause and said action being founded on a note of hand it is found that the amount which the Plaintiff is entitled is $183 for his debt and the sum of $63.25 for his damages by way of interest. It is therefore considered by the Court that said Plaintiff have and recover of and from the Defendant the debt and damage assessed as aforesaid and that execution issue therefor together with the costs in this behalf laid out and expended.

p 209.
State of Missouri Plaintiff
vs                                                   Selling Schedam Schnapps #2
George L. Mitchell Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and also the Defendant in person and by attorney and having announced ready for trial thereupon came a Jury viz B.W. Cannefax, R.C. Graves, L. WhitecottonT.J. Epperson, C.B. Owen, M. Gresham, J.M. Carthal, J.E. Smith, J.H. Doran, E. Compton, W.W. Jeffries and J.T. Campbell, twelve good and lawful men who being duly elected tried and sworn to well and truly try the issue joined having heard the evidence adduced and received the instrutions of the Court return to consider of their verdict and return into Court the following verdict: "We the Jury find the Defendant not guilty as he stands charged in the Indictment. J.E. Smith, foreman." It is therefore considered by the Court that the State of Missouri take nothing by her said suit and that the Defendant be discharged hereof and go hence without day and have his costs laid out and expended in this cause.

p 210.
Bank of Missouri Plaintiff
vs                                                   Civil Action
Thomas McCarty, P. Henderson,
R.W. Tillmon and James Friend Defendants
Now at this day comes the Plaintiff by attorney and the said Defendants having neither plead answered or demurred to Plaintiff's petition and the same being founded on an instrument of writing signed by the Defendants and the amount ascertained thereby, the Court doth find that the Defendants are indebted to said Plaintiff in the sum of $207.10 for debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the said Defendants the said sum of $207.10 and also his costs laid out and expended and that he have execution therefor.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
John Mills Defendant
Now at this day comes the Circuit Attorney who prosecuteS and also the Defendant by his attorney and on application of Defendant this cause is continued until the next term of this Court.

50
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 211.
State of Missouri Plaintiff
vs                                                   Adultery
Godfrey Yawn and Nancy Yawn Defendants
Now at this day comes the Circuit Attorney who prosecutes for the State in this behalf and says he will not further prosecute this Suit but will suffer the same to be dismissed. It is therefore considered bv the Court that the State of Missouri take nothing by her said Writ and that the Defendants have their costs in this cause expended and that said Nancy Yawn be hereof discharged and go hence without day.

p 212.
Following causes continued until next term
State vs William G. Loyd #2 -- Selling Liquor Without License
H.W. Akin vs William Townsend -- Civil Action
L.A.D. Crenshaw vs Marcus Boyd et al -- Civil Action.

p 212/213.
Alexander Clapp and J.P. Clapp Expartee
Now at this day comes the Sheriff and returns the writ of ad quod damnum heretofore issued upon the filing of the petition of said Alexander Clapp and J.P. Clapp and it appearing from the return that the Sheriff in obedience to said Writ summoned twelve fit persons of the County to meet at the place mentioned in said petition to examine the premises and it appearing that the Sheriff attended said persons at the place aforesaid and said Jury of twelve persons were well and truly sworn to make full examination and after full examination they found

First That no proprieter will sustain any damage from the inundation.
Second That no injury will be sustained by any proprietor of a mansion house or outhouse appurtenances gardens or orchards.
Third That no injury from fish of passage.
Fourth That the health of the neighborhood will not be materially injured or damages in consequence of such erection.
And it appearing from the petition that said petitions desire to erect a dam across the stream of water called Finley Creek on the following land, viz SW 1/4 of SE 1/4 Section 36 TWP 27 Range 22, the said petitioners being the owners of said land on both sides of the said stream. It is therefore ordered adjudged and decreed by the Court that said Alexander Clapp be permitted to erect a dam across said Finley Creek at the place aforesaid for the purpose of connecting to said dam a saw and grist mill and that the costs of this proceeding be paid by said petitioners.

p 214. Thursday September 9th 1898
William Lower Plaintiff
vs                                                   Civil Action
William D. Miller Defendant
Now at this day comes the Plaintiff by attorney and by leave of the Court says he will not further prosecute this suit but will suffer the same to be dismissed. It is therefore considered by the Court that the said Plaintiff take nothing by his suit and that the Defendant have and recover of and from the said Plaintiff his costs laid out and expended and that he have execution therefor.

51
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 215.
State of Missouri Plaintiff
vs                                                   Attachment
Susanah Parberry Defendant
Now at this day comes the Circuit Attorney and on his application it is ordered that an attachment issue for Susanah Parberry for failing to appear and testify before the Grand Jury in obedience to a lawful summons so to do.

p 216.
State of Missouri Plaintiff
vs                                                   Attachment
Nanny E. Wyatt Defendant
Now at this day comes the Circuit Attorney and on his application it is ordered that an attachment issue for Nanny E. Wyatt for failing to appear and testify before the Grand Jury in obedience to a lawful summons so to do.

L.A.D. Crenshaw Plaintiff
vs                                                   Appeal J.P.
R.E. Blakey Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial thereupon came a Jury viz Charles McClure, Watson J. Kurn, J.M. Carthal, T.G. Newbill, A.M. Appleby and Alfred Davidson, six good and lawful men who being duly elected tried and sworn to well and truly try the issue joined. Having heard the evidence and received the instructions of the Court returned to consider of their verdict and again return into Court and return the following verdict "We the Jury find the issue in favor of the Defendant . Charles M. McClure, foreman." It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.

Ordered by the Court that James Bond, a Grand Juror sworn on yesterday for good cause be discharged from further service on said Grand Jury.

p 217.
J.M. and M.B. Potter, adm
Thomas Potter, deceased
vs                                                   Civil Action
James Harton and Nicholas F. Jones Defendants
Now at this day comes the parties and the said Defendants come and say that they cannot deny but the facts stated in Plaintiff's petition are true and confess judgment in favor of said Plaintiffs for the sum of $1149.19. It is therefore considered by the Court that the Plaintiffs have and recover of and from the said Defendants the said sum of $1149.19 and also costs of suit in this behalf laid out and expended and that he have execution therefor.

Ancel Lamson Plaintiff
vs                                                   Civil Action
Theophilus Leathers Defendant
Now at this day come the parties by attorney and Elizabeth Leathers and John Leathers administ rators of Defendant are substituted as parties Defendants in this cause.

52
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 217.
Now at this day comes Henry Matlock who is known to the Court as Sheriff of Greene County and acknowledged that he executed a Sheriff's Deed to Thomas Tiller for the following real estate viz SE 1/4 of SE 1/4 Section 22 Township 30 Range 21 which was sold as the real estate of James S. Headlee deceased for partition among the heirs of said deceased by order of the Greene Circuit Court at the present term of this
Court.

p 218.
James M. Carthal Plaintiff
vs                                                   Civil Action
B.W. Cannefax Defendant
Now at this day comes the Plaintiff by attorney and files his affidavit asking a continuance of this cause for want of material evidence whereupon this cause is continued until the next term of this Court and ordered that Plaintiff pay all costs of this term 9f this Court and that execution issue therefor.

p 218/219.
E. Daniel Plaintiff
vs                                                   Civil Action
C.B. Owen Defendant
Now at this day comes the parties by allowing and having announced themselves ready for trial, thereupon came a Jury viz Alfred Abanion, Wilson Akun, Jacob Neff, B. Simmon, J. Mullinax, Abner McGinty, Thomas W. Lawrence, J. Woodward, Josiah Stewart, Jas. Robinson, W.B. Garroutte, H.N. Cates, twelve good and lawful men who being duly elected, tried and sworn to well and truly try the issue joined and there not being sufficient time to complete the service are permitted to disperse under the charge of the Court until 8 o'clock tomorrow.

p 219.
Now at this day comes William B. Farmer, superintendant for the erection of a Court House in Greene County and submitted his report of the purchase of the following described Lot or parcel of land purchased by him on which to erect said building Viz South half Lot No 29 Block five in first tier of Lots in the city of Springfield and the Court after examining said report and the conveyance and evidence of title committed therewith find that the title to said land is good and doth order the same to be certified to the County of Greene County.

p 220.
Hardy Kelly Plaintiff
vs                                                   Civil Action
William Bernard et al Defendant
Now at this day comes the parties aforesaid by their attorney and the said Defendants filed herein their motion to dismiss this cause.

Nancy Coble Plaintiff
vs                                                   Civil Action
Young and McDaniel Defendants
Now at this day comes the said Plaintiff by her attorney and files herein her amended petition in this cause. And the Defendants by their attorney filed herein their demurrer to the petition in this cause.

53
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 220.
Now at this day the Grand Jury empannelled and sworn on Monday, last, returned into Court the following Indictments, to wit:

State of Missouri vs Charles McCleuer -- False Swearing
State of Missouri vs William Allen Grand -- Larceny

p 221.
State of Missouri Plaintiff
vs                                                   Indictment for False Swearing.
Charles McCleuer Defendant
Now at this day comes the said Defendant Charles McCleuer and William B. Garroutte and William C. Price as his securities and acknowledge themselves severally to owe and stand justly indebted to the State of Missouri in the Just and full sum of one hundred dollars to be levied of their respective goods and chattles, lands and tenements to be void, however, upon this condition, that whereas the said Charles McCleuer now stands indicted for crime of False Swearing in this Court and therefore if the said Charles McCleuer shall be and appear personally before this Court at this Court House in Springfield on the first Monday in March 1859 to answer said Indictment and not depart this Court without leave then this recognizance to be void, otherwise to remain in full force and effect.

Wiley H. Harton Plaintiff
vs                                                   Civil Action
James M. Apperson Defendant
Now at this day comes the Plaintiff by his attorney and dismisses his suit. It is therefore ordered by the Court that Defendant have and recover of and from the said Plaintiff his costs and charges in this behalf laid out and expended and that execution issue therefor.

p 222.
Now at this day comes Henry Matlock, who is known by the Court to be the Sheriff of Greene County and acknowledges that he executed a deed as Sheriff of said County of Greene to William S. Baxley for the following described real estate, to wit: beginning 20 Feet East of the NE corner of James R. Danforth's Lot on St. Louis Street, thence East to J.S. Kimbrough's on the West corner, thence South with Kimbrough's line to his (Kimbrough's) SouthWest corner thence West to a stake within ninety feet of said J.R. Danforth's SouthEast corner, thence North to the place of beginning, which said Real Estate was sold by virtue of the Greene Circuit Court 1858.

Ephraim Daniel Plaintiff
vs                                                   Civil Action
Charles B. Owen Defendant
Now at this day comes the parties aforesaid by their attorneys and the Jury empannelled in said cause on yesterday and after having heard the evidence and argument of Counsel were permitted to disperse under a charge of the Court until tomorrow morning at 9 o'clock.

p 223.Saturday Morning Sept. 11, 1858.
Nancy Coble Plaintiff
vs                                                   Civil Action
Young and McDaniel Defendants
Now at this day the demurrer filed in this cause coming on to be heard and all and
(continued)

54
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

BOOK D JR
SEPTEMBER TERM 1858

p 223.(cont)
singular the premises being seen and by the Court understood said demurrer is by the Court sustained. It is therefore considered by the Court that the Plaintiff take nothing by his suit and that the Defendant have and recover of and from the plaintiff his costs in this behalf laid out and expended and that execution issue therefor.

Benjamin D. Dodson Plaintiff
vs                                                   Civil Action
R.P. Haden Defendant
Now at this day comes the parties by attorneys and by agreement this cause is dismissed and agreed that each party pay half the cost. It is therefore considered by the Court that the Plaintiff take nothing by his said suit and that each party pay half the costs in this behalf laid out and expended and that execution issue therefore.

p 224.
Ephraim Daniel Plaintiff
vs                                                   Civil Action
Charles B. Owen Defendant
Now at this day again came the Jury in this cause and return in to Court the following verdict "We the Jury find the Defendant not guilty. W.B. Garroutte, foreman." It is therefore considered by the Court that the said Plaintiff take nothing by his suit and that the Defendant have and recover of and from the said Plaintiff Ephraim Daniel and Robert Forester and John T. Overstreet his securities, his costs in this behalf laid out and expended and that he have execution therefor.

p 225.
State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Magruder Tannehill Defendant
Now at this day comes the Circuit Attorney who prosecutes in this behalf and Alfred Abamon who acknowledges himself to owe and stand justly indebted to the State of Missouri in the sum of $50 to be bond of his goods and chattles lands and tenements to be void on conditionthat the said Alfred Abamon shall make his personal appearance before the Judge of the Greene Circuit Court and continue from day to day until discharged and testify in five several indictments pending against the above named Defendant.

p 226, 227 Motions filed.

p 228.
David Coble Plaintiff
vs                                                   Civil Action
Samuel McDaniel Defendant
Now at this day comes the parties by their attorneys and having announced themselves ready for trial, thereupon came a Jury, Viz John H. Stephens, Joseph Morris, G.M. Freeman, R.B. Weaver, J.H. Caynor, M.B. Potter, W.W. Andrews, J.M. Crockett, John B. Johnson, F.C. Howard, George McElhannon and A.M. Appleby, twelve good and lawful men being duly elected tried and sworn to well and truly try the issue joined. Having heard a portion of the testimony and there not being sufficient time to complete the same are permitted to disperse under the charge of the Court until Monday morning 9 o'clock.

55
GREENE COUNTY, MISSOURI CIRCUIT COURT CASES

Book D JR
SEPTEMBER TERM 1858

p 229.
Now at this day comes the Grand Jury and returns into Court the following true bills of Indictment
State of Missouri vs Daniel Kelly -- Selling Goods Without License #1
State of Missouri vs Daniel Kelly -- Selling Goods Without License #2
State of Missouri vs Daniel Kelly -- Selling Goods Without License #3
State of Missouri vs Daniel Kelly -- Selling Goods Without License #4
State of Missouri vs Daniel Kelly -- Selling Goods Without License #5
State of Missouri vs _____ -- Grand Larceny
State of Missouri vs R.G. Wills & Wm. Barnard -- Betting On Election
State of Missouri vs George W. Mitchell -- Gaming
State of Missouri vs John Dixon -- Gaming
State of Missouri vs A.J. Ricketts -- Gaming #1
State of Missouri vs John Bragg -- Selling Liquor Without License
State of Missouri vs A.J. Ricketts -- Gaming #2
Which said Bills of Indictment are ordered to be filed and capiases to issue on same.

p 230. Monday, Sept 13, 1858
Joseph B. Love Plaintiff
vs                                                   Civil Action
Nimrod Ford et al Defendants
Now at this day comes the said Plaintiff by his attorney and says he will dismiss this suit. It is therefore considered by the Court that the Defendant have and recover of and from the Plaintiff his costs in this behalf laid out and expended and that he have execution therefor.

p 231.
J.W. McClurg Plaintiff
vs                                                   Civil Action
R.W. Tillmon, N.J. Tillmon Defendants
Now at this day comes the Plaintiff by his attorney and the said Defendants being thrice solemnly called come not and having been duly served with process and the Plaintiff's petition being founded on an instrument of writing signed by said Defendants and the amount ascertained thereby the Court doth find that the said Defendants are indebted to the Plaintiff in the sum of $201.21 debt and damage. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants his said debt and damage and also his costs in this behalf laid out and expended and that he have execution therefor.

Bank of Missouri Plaintiff
vs                                                   Civil Action
James Garrison, _____ Tillmon,
S.J. Tillmon & D.B. Garrison Defendants
Now at this day comes the Plaintiff by their attorney and the Defendants having failed to answer plead or demur to Plaintiff's petition and the same being founded on an instrument of writing signed by said Defendants and the amount ascertained thereby the Court doth find from an examination of the premises that the said Defendants are indebted to said Plaintiff in the sum of $67.77. It is therefore considered by the Court that the Plaintiff have and recover of and from the Defendants the sum of $67.77 for debt and damage and also his costs laid out and expended and he have execution therefor.

56

September Term Continued
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