Abstract of Circuit Court Record Books August 1863 - June 1864


GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

In Vacation July Term 1864
Book F.

p 482/483
State of Missouri Plaintiff
vs                                                   Grand Larceny
Stephen Blackman, William A. Campbell,
Baron Nutt & John M. Robinson Defendants
Now at this day comes the Circuit Attorney and dismisses this suit as to Defendant William A. Campbell, and it appearing to the satisfaction of the Court that on the 19th day of July 1862 Stephen Blackman entered into recognizance in the sum of $500 with William A. Campbell, Aaron Nutt and John M. Robinson as his securities conditioned that the said Blackman should make his personal appearance beforethe Honorable Judge of our Greene Circuit Court at the next term thereof to answer an Indictment preferred against him by the Grand Jury of Greene County for Grand Larceny and not depart said Court without leave and it further appearing to the satisfaction of the Court that said bond had been forfeited and a sciria facias issued which is returned by the Sheriff executed as the Law directs and the Defendants being thrice called came not but made default.The Court doth consider and adjudge that judgment be rendered against said Defendants on said bond and the Court doth find from an examination of the same that this action is founded on an instrument of writing in the sum of $500.It is therefore considered and adjudged by the Court that the State of Missouri have and recover of and from Defendants Blackman, Nutt and Robinson her said sum of $500 as well as costs in this behalf laid out and expended as well as costs in this behalf laid out and expended for which execution may issue,

p 483.

State of Missouri Plaintiff
vs                                                   No 1 through 12.
W.H. Worrell Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the forfeiture heretofore taken in this cause.

Ordered by the Court that Court adjourn until tomorrow morning 8 o'clock.
John S. Waddill C J
Springfield, Mo. June 7th 1864
Court met pursuant to adjournment present as on yesterday.

p 483/484.

Charles Sheppard, Joseph B. Kimbrough
and Edward L. Weaver Plaintiffs
vs                                                   Civil Action
John H. Miller 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 at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that the Defendant is indebted to Plaintiff in the sum of $79.90 debt and also $25.56 damage.It is therefore considered and adjudged by the Court that Plaintiff have and recover of and from Defendant their said debt and damages as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.

p 484.

Now at this day on motion of James F. Hardin, James R. Waddill upon taking the oath of allegiance required by our State Constitution is authorized to sign the roll of attorneys in this Court which is accordingly done.

190
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 484.

Now at this day comes the Grand Jury of GreeneCounty into Open Court and through their foreman and returned into Court the following Bills of Indictment viz:

State of Missouri
vs                                                   Grand Larceny
Nathan Andrews

State of Missouri
vs                                                   Grand Larceny
C.C. Tribble Charles Williams
W.F. Simpson

Which said Indictments were by the Court ordered to be filed.

State of Missouri Plaintiff
vs                                                   No's 1 through 12
                                                  Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes on to be heard the motion to set aside the forfeitures heretofore taken in these causes and all and singular the premises being seen and fully understood by the Court said motion is by the Court overruled.

p 485.

State of Missouri Plaintiff
vs                                                   No's 1 through 12
                                                  Selling Liquor Without License
W.H. Worrell Defendant
Now at this day comes the Defendant by attorney and by leave of Court files his motion to set aside the forfeitures heretofore taken in these causes.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
William Riggs Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that Defendant be fined $20 for the commission of said offence and the State of Missouri have and recover of and frorn Defendant her said sum of $20 and costs of suit and that Defendant be remanded into the hands of the Sheriff untill fine and costs are paid.

p 486.

James W. Peacher Plaintiff
vs                                                   Civil Action
Henry Toney Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing whereupon comes a Jury, viz:J.H. Gibson, C.A. Haden, John Breedlove, R.A. McCluer, J.B. Brown,O.H. Scott, J.R. Douglas, H. Westmoreland, N.J. Cox, M. Johnson, J.A. Cunningham and A.G. Grimes Twelve good and lawful men who having heard the evidence retired to consider of their verdict. Upon returning into Court through their foreman they presented their verdict, which said verdict is in words and figures as follows, viz: We the Jury find for the Plaintiff and assess the damage at $178.25 the amount claimed in the account, C.A. Haden foreman.It is therefore considered by the Court that Plaintiff have and recover of and from the Defendant his said damage as well as cost in this behalf laid out and expended for which execution may issue.

191
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 486.

Now at this day comes the Grand Jury into Open Court and through their foreman and inpresence of the Grand Jury returned into Court an Indictment, viz:

State of Missouri Plaintiff
vs                                                   Grand Larceny
Sarah Manners Defendant
Which said Indictment was by the Court ordered to be filed.

p 487.

Bank of the State of Missouri Plaintiff
vs                                                   Motion for Rule Upon The Sheriff
T.A. Reed, Sheriff Defendant
Now at this day comes the Plaintiff by attorney and the Defendant in his own proper person and the motion heretofore filed coming on for a hearing and all and singular the premises being seen and fully understood by the Court said motion is by the Court sustained and the Sheriff of Greene County ordered to pay over to the Plaintiff the sum of $426.56 as well as six percent interest on said Judgment from the time it was rendered.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Sarah Manners Defendant
Now at this day comes the Circuit Attorney and the Defendant in her own proper person and the Defendant being unable to procure Counsel the Court doth assign D.C. Dade as Counsel for Defendant and Defendant is ordered into custody of the Sheriff as before.

Henry Massey & William McAdams Plaintiffs
vs                                                   Civil Action
William T. Carter Defendant
Now at this day comes the Plaintiff by attorney and this cause coming on for a final hearing and Defendant waiving a Jury, the enquiry of damage is had before the Court sitting as a Jury and after hearing the evidence offered bythe Plaintiff the Court doth find that the Defendant is indebted to Plaintiff in the sum of $61.45 debt.It is therefore considered by the Court that Plaintiff have and recover of and from Defendanth is said sum of $61.45 as well as costs in this behalf laid out and expended for which execution may issue.

p 487/488.

Hervey Massey & William McAdams Plaintiffs
vs                                                   Civil Action
Wiley M. Horton Defendant
Now at this day comes the Plaintiff by attorney and the enquiry of damage heretofore ordered in this cause comint on to be heard and the Plaintiff waiving the necessity of a Jury, the enquiry is had before the Court sitting as a Jury and the Court having heard the evidence produced by Plaintiff doth find that Defendant is indebted to the Plaintiffs in the sum of $92.85 debt.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendant their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.

p 488.
Elisha Headlee, assignee for the benefitof the
creditors of Thomas J.M. Hawkins Plaintiff
vs                                                   Civil Action
James E. Abernathy Defendant
(continued)

192
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 488 (continued)

Now at this day comes the Plaintiff by attorney and the enquiry of damage heretofore ordered coming on to be heard the Plaintiff waving the necessity of a Jury, the cause is tried before the Court sitting as a Jury and after hearing the evidence produced by the Plaintiff the Court doth find that Defendant is indebted to the Plaintiff in the sum of $170. It is therefore considered by the Court that Plaintiff recover of and from the Defendant his said debt as well as costs in this behalf laid out and expended for which execution may issue.

p 488/489.

Joseph Chaffin Plaintiff
vs                                                   Civil Action
Hervey H. Neaves Defendant
Now at this day the Court being satisfied by inspection of the record and papers in this cause that judgment rendered on the 9th day of February 1864 in favor of Plaintiff by clerical error was not then entered up correctly and now for then amends the said judgment and renders it as follows

Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant bad been notified by publication in the Springfield Journal, a weekly newspaper published in Greene County, State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and this action being founded on a promissory note signed by Defendant whereby the amount is ascertained the Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $200 debt and $61.12 damage for interest and it further appearing to the satisfaction of the Court that on the 19th day of August 1863 an attachment was issued from the office of the Clerk of the Circuit Court of Greene County directed to the Sheriff of said County in this case and was by him returned on the 27th day of August 1863 executed by levying upon the following property of Defendant a certain jackass and the said jackass was by order of the honorable Judge of this Court sold for the sum of $125 and it further appearing from the return of said Sheriff on said Writ of Attachment that on the 24th day of September 1863 he levied upon and seized the following personal property of Defendant two cows and calves, the running gear of a carriage and cooking stove and part of the utensils of same, one feather bed and bedding, one carpet and the Defendant having made default and failed to plead, answer or demur and it further appearing by the answer of D.C. Galbreath garnishee in this cause at the time of the service of garnishment upon him, he had in his possession one turning plow and 18 head of sheep and four lambs. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs laid out and expended and the garnishee deliver to the Sheriff of this County all the property of said Defendants now in his hands that he had at the time he answered said garnishment and that the Sheriff be ordered to pay over to Plaintiff the said sum of $125 for which the said jackass was sold and that a special fi fa issue against the property heretofore attached in this cause and all or so much thereof as is necessary be sold to satisfy said debt and that the Sheriff sell the property now ordered to be delivered to him by D.C. Galbreath garnishee in this cause as the Law directs and apply the proceeds to the satisfying of this judgment.

p 489/490.

Jared E. Smith Plaintiff
vs                                                   Civil Action
Samuel M. Orbison Defendant
Now at this day comes this cause to be heard upon the petition taken as confessed (and interlocutory judgment having previously been rendered in this cause) and upon the proofs and exhibits and the Court having fully exatnined the premises do find that the Defendant
(continued)

193
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 489/490 (continued)

is justly indebted to the Plaintiff in the sum of $837.90 for work and labor done for the said Defendant as a mechanic and builder and for materials furnished as stated in petitionin this cause and that said materials furnished as stated in petition in this cause and that said materials were furnished for and work and labor done in the erection of a house on Lot No 16 in Joseph Gott addition to the City of Springfield, Greene County, State of Missouri, and that the same was done by virtue of a contract with the said Defendant who was then and now is the owner of property of said Lot and that the said Plaintiff had filed with the Clerk of the Circuit Court in and for the County aforesaid and just and true account of the demand due and owing to him for such work and labor and materials furnished after allowing all credits which said account or statement contained a correct description ofthe house and lot aforesaid and that the same was filed within 90 days after the materials and work and labor aforesaid were furnished or performed.It is therefore considered, ordered and adjudged by the Court here that thePlaintiff have and recover of and from said Defendant the said sum of $837.90 as well as his costs in this behalf laid out and expended and that said judgment be and remain a lien upon the Lot of Grounds aforesaid together with said house from the first day of November 1860 and that a special execution issue on said judgment for the sale of said house and lot or so much thereof as shall be sufficient to satisfy judgment and costs.

Ordered by the Court that Court adjourn untill tomorrow morning 8 o'clock.
John S. Waddill C J

p 491.

State of Missouri Plaintiff
vs                                                   Confined in Jail
Frank Rowe & John Lewelly Defendants
Now at this day comes the foreman of the Grand Jury and returns into Court a certificate which is in words and figures as follows, viz: I certify that the Grand Jury now in session failed to find a true bill against Frank Rowe and John Lewelly, A.G. McCracken foreman. It is therefore considered by the Court that the Sheriff of Greene County, Missouri, be furnished with a copy hereof and that he release the said Rowe and Lewelly and that they go hence without day.

p 492.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Sarah Manners Defendant
Now at this day comes the Circuit Attorney who prosecutes and the Defendant in her own proper person and by attorney and having announced ready for trial whereupon comes a Jury, viz: J.E. Holland, J.S. McQuerter, __ Bodenhamer, J. Wilkerson, T. Graves, J.J. Campbell, W.R. Roberson, F. Mack, J.W. Johns, M.J. Harris, W.H. Pipkin, J.B. Perkins, who were sworn as the Law requires and it appearing to the satisfaction of the Circuit Attorney that the witness for the State cannot be obtained in this cause.The Circuit Attorney says be is unwilling to further prosecute this cause butsuffers the same to be dismissed.It is therefore considered by the Court that the State of Missouri take nothing by her said writ and that Defendant go hence without day and that a fee bill issue in this cause.

Junius T. Campbell Plaintiff
vs                                                   Civil Action
D.R. Riggs, James S. McQuerter
and John M. McElhanon Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly served with process at least 15 days before
(continued)

194
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 492 (continued)

the first day of the present terin of this Court and the Defendant having withdrawn his pleading heretofore filed Plaintiff's petition is taken as confessed and action being founded on a promissory note signed by Defendant the Court doth find from an examination of the same that Defendants are indebt ed to Plaintiff in the sum of $300 debt and also $33 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.

p 493.

The State of Missouri to the use of
Elisha Headlee public administration of
reene County having in charge the estate
of Abraham Kenny, deceased Plaintiff
vs                                                   Civil Action
Henry Fulbright, Henry Sheppard
and Ephraim Fulbright Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the DefendantFulbright had been duly notified by publication in the Springfield Missourian for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and the Defendant Sheppard had been duly served with process at least fifteen days before the first day of the present term of this Court and having failed to plead, answer or demur to the Plaintiff's petition the same is taken as confessed. It is therefore considered by the Court that Plaintiff have judgment interlocutory against Defendants and that an enquiry of damage be held at the next term of this Court and the amount ascertained to which time this cause is continued.

p 493/494.

The State of Missouri to the use of Elisha
Headlee public administrator of Greene
County State of Missouri having in charge the
estate of Nathan Boone, deceased Plaintiff
vs                                                   Civil Action
Redford W. Henslee & William S. Norfleet as
administrator of the Estate of Gabriel
Shackleford, deceased, James Boone, M.C.
Price, Benjamin A. Brown, John Lair Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants Henslee and Norfleet had been duly served with process at least 15 days before the first day of the present term of this Court and the other Defendants had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively, the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an administrators bond signed by Defendants.It is therefore considered by the Court that the Plaintiffs have judgment interlocuroty against the Defendants but it not appearing for what amount judgment should be rendered. It is therefore ordered by the Court that an enquiry of damage be had at the next term of this Court when this cause will be made final unless cause to the con trary be shown and this cause is continued until the next term of this Court.

195
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 494.

Fidilio S. Jones, as administrator of
the Estate of Wilson Hackney
vs                                                   Civil Action
John Lair Defendant
Now at this day this cause coming on for a final hearing and it appearing to the satisfaction of the Court that there had been an interlocutory judgment rendered heretofore in this cause and the Plaintiff waiving the necessity of a Jury this cause is tried before the Court sitting as a Jury and the Court having beard the evidence produced by Plaintiff doth find that Defendant is indebted to Plaintiff on an Open Account in the sum of $60.30.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said sum of $60.30 for his debt and also his costs in this behalf laid out and expendedfor which execution may issue.

p 494/495.

Charles Beardslee, Reuben
Beardslee & Phineas Beardslee Plaintiff
vs                                                   Civil Action
Sempronious H. Boyd & William C. Price Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendant William C. Price had been duly notified by publication in the Springfield Journal, a newspaper published in the State of Missouri, for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead answer or demur to Plaintiff's petition and the Defendant Boyd appearing by attorney and both parties waiving the necessity of a Jury the cause is tried before the Court sitting as a Jury and the Court having heard the evidence produced by both Plaintiff and Defendant the Court doth find from the evidence and an examination that the Defendants are indebted to Plaintiffs in the sum of $597.03 debt.It is therefore considered by the Court that the Plaintiffs have and recover of and from Defendants their said debt as well as cost in this behalf laid out and expended for which execution may issue and this judgment bear six percent interest.

p 495.

William K. Benton Plaintiff
vs                                                   Civil Action
B.H. Woodson, James Norfleet, William
5. Norfleet, Jacob Shultz Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant Woodson and James Norfleet and it appearing to the satisfaction of the Court that the other Defendants had been duly served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on an instrument of writing signed by Defendants the Court doth find from an examination of the same that the Defendants are indebted to Plaintiff in the sum of $282 debt and also $112 damage.It is thereforeconsidered by the Court that Plaintiffs have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest per annum.

Ordered by the Court adjourn untill tomorrow morning 9 o'clock.
John S. Waddill C J

196
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 496. 9 June 1864.

Court met pursuant to adjournment.Present as on yesterday.

The Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
William T. Ward, Thomas B. Ward,
John H. Price Defendants
Now at this day comes the Plaintiff by attorney and the Defendant also by attorney and agree in Open Court that the depositions taken in this cause shall be opened by the Clerk during the sessission of the Court.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Eli J. Armstrong Defendant
Now at this day comes James Vaughan and William B. Farmer securities on the Bond of the said E.J. Armstrong against whom there heretofore been entered up a forfeiture of recognizance in this Court and in answer to a sciria facias issued from this Court brings into Court the body ofthe said Eli J. Armstrong and deliver him to the Sheriff ask to be dismissed of this said forfeiture upon payment of the costs of this suit and all and singular the premises being seen and fully understood by the Court, said Vaughan and Farmer are released hereof and the State take nothing by her said forfeiture as to the said Vaughan and Farmer.

p 497.

Marcus Boyd Plaintiff
vs                                                   Civil Action
Andrew B. Matthews Defendant
Now at this day the Court having been of Counsel in this cause a Change of Venue is awarded to the Probate and Common Pleas Court of Greene County.

p 498.

The Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Wi1liamS. Baxley, Thomas F. Layton,
Fidilio S. Jones as administrator of
the Estate of Wilson Hackney, deceased Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendantshad been duly served with process at least 15 days before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and this action being founded on a promissory note signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $900 debt and also $281.20 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment.

p 499. Items on this page marked "In Error" (not copied)
p 500.

State of Missouri Plaintiff
vs                                                   Treason against the State
John P. Campbell Defendant
Now at this day comes the Circuit attorney and the Defendant in his own proper person and by attorney and having announced themselves ready for trial the Defendant for a plea says he is not guilty in manner and form as charged in the Indictment, thereupon
(continued)

197
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM l864
p 500 (continued)

came a Jury, viz:John R. Edwards, John C. Bigbee, N.M. Rountree, Elisha Painter,J.P. Simpson, W.J. McDaniel, John McElhaney, R.S. Gott, B.W. Henslee, John L. Carson, John Schmook, James Vaughan, twelve good and lawful men who having taken the oath prescribed by the Convention were sworn to try the issue and after hearing the evidence returned into Court their verdict which is in words and figures as follows, viz: "State vs John P. Campbell We the Jury find the Defendant not guilty in manner and form as charged in said Indictment, James Vaughan foreman. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendant go hence without day.

Now at this day comes the Grand Jury into Court and through their foreman in presence of the Grand Jury returns into Court the following Bills of Indictment

State
vs                                                   Gaming
J.W. Peacher
WHB

State
vs
C

State
vs
DT
M
GBM

State
vs
AC
WH

p 501.

State
vs
TJA
JAP
SA
Which said Indictments were ordered to be filed.

David D. Reynolds Plaintiff
vs                                                   Civil Action
Jefferson W. Rainey & Charles McCluer Defendants
Now at this day comes the Plaintiff to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead to Plaintiff's petition the same is taken as confessed and this action being founded on certain promissory notes signed by Defendants the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $300 debt and also $116 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear 10% interest.

198
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 501.

State of Missouri Plaintiff
vs                                                   No. 2 Treason
Enos Pipkin Defendant
Now at this time comes the Circuit Attorney who prosecutes and says he is unwilling to further prosecute this cause but suffer the same to be dismissed. It is therefore considered by the Court that the State of Missouri take nothing by her said Writ and that Defendants go hence without day and that a fee bill issue in this cause.

p 502.

Robert J. McElhaney & Clement Jaggard Plaintiffs
vs                                                   Civil Action
William H. Blakey Defendant
Now at this day comes on for a final hearing and it appearing to the satisfaction of the Court that there has before been an interlocutory judgment rendered in this cause and the Plaintiff waiving the necessity of a Jury this inquiry of damage is had before the Court sitting as a Jury and the Court having heard the evidence produced by Plaintiff finds that Defendant is indebted to Plaintiffs in the sum of $129 for his debt and damage. It is therefore considered by the Court that Plaintiffs have and recover of and from the Defendant their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.

State of Missouri Plaintiff
vs                                                   Gaming
J.W. Peacher Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty. It is therefore considered by the Court that Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant her said sum of $10 as well as costs in this behalf laid out and expended for which execution may issue and that Defendant be remanded in custody of the Sheriff until same are paid.

Elisha Headlee, admin
vs
Samuel Fulbright, et al
Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and acknowledges in open court the execution of a Deed to the following described real estate: SE 1/4 of NW 1/4 of Section 15 of Township 29 Range 22 to William B. Farmer, he being the highest bidder for said land under an execution issued from the Clerk of Office of said County in the above entitled cause.

p 503.

Now at this day comes Thomas A. Reed Sheriff of Greene County, Missouri, and acknowledges in open court the execution of a Deed to S.A. Doss to the following described real estate: S 1/2 of SW 1/4 of SE 1/4 Section 11 NE 1/4 of SW 1/4 and SW 1/4 of SE 1/4 Section 23 and SW 1/4 of SW 1/4 Section 14 all in Township 30 Range 24, said Doss being the highest bidder thereof under an execution issued from the Office of the Clerk of the Greene Circuit Court in favor of Samuel A. Doss and against John Turner.

State of Missouri Plaintiff
vs                                                   Grand Larceny
Eli J. Armstrong Defendant
Now at this day comes E.J. Armstrong Defendant as principal and James Vaughan as security and acknowledge themselves each to owe and stand indebted to the State of Missouri in
(continued)

199
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
IN VACATION JULY TERM 1864
p 503 (cont.)

the sum of $1000 to be levied of their goods and chattels, lands and tenements but to be void upon condition that the said Eli J. Armstrong be and appear before the Judge of our Greene Circuit Court at the next term thereof which will be begun and held at the Court House in Springfield, Greene County, Missouri, on the 2nd Monday in July next then and there to answer to an Indictment preferred against him by the Grand Jury of Greene County for Grand Larceny and not depart said Court without leave otherwise to remain in full force.

Ordered by the Court that Court adjourn untill tomorrow morning 8 o'clock.
John S. Waddill C J

p 504 June 10th 1864
Court met pursuant to adjournment, present as on yesterday.

State of Missouri Plaintiff
vs                                                   Keeping a Nuisance
J.H. Childs Defendant
Now at this day comes the Defendant in his own proper person and the Circuit Attorny who prosecutes and the Defendant for a plea says he is guilty in manner and form as charged in the Indictment. It is therefore considered by the Court that Defendant J.H. Childs be fined one dollar for the commission of said offence and that the State of Missouri have and recover of and from Defendant the said sum of one dollar for the commission of said offence as well as c0sts in this behalf laid out and expended that the Defendant be held in custody of the Sheriff until fine and costs are paid.

Thomas J. Bailey Plaintiff
vs                                                   Civil Action
John S. Kimbrough Defendant
Now at this day comes on to be heard and the parties having announced themselves ready for trial they agree to try the issue with eleven men as Jurors whereupon comes a Jury, to wit: J.J. Bradley, Robert Pate, A.T. Graves, John Schmooke, F.W. Scholten, W.W. Doty, F.M. Watson, P. McMinn, J.W. Langston, Allen Rose and Z. Roberts, eleven good and lawful men who having taken the oath prescribed by convention and being sworn to try the issue and having heard the evidence and given the instructions of the Court retire to consider of the verdict and not being able to agree upon the same are by the Court dismissed under instructions until tomorrow 9 o'clock.

p 505. Adjourned January Term, June 10th 1864

Now at this day comes the Grand Jury into Open Court and through their foreman and in the presence of the Jury returned into Court the following Bills of Indictment, viz:
10 Bills list ed with no names/charges.

p 506.

Five more Bills of Indictmentshown as above except one which listed
J.M. Garrett Selling Liquor Without License.
Which said Indictments were ordered to be filed and capias issued returnable instanter.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
Joseph Oneal Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that the Defendant be fined $20 for the commission of said offence and the State of Missouri have and recover of and from Defendant her said sum of
(continued)

200
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
Adjourned January Term, June 10th 1864
p 506 (continued)

$20 as well as costs in this behalf laid out and expended and that Defendant be kept in the hands of the Sheriff until fine and costs are paid.

p 507.

State of Missouri Plaintiff
vs                                                   Gaming
Wade H. Burden Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that Defendant be fined $10 forthe commission of ,said offence andthat the State of Missouri have and recover of and from Defendant the sum of $10 as well as costs in this behalf laid out and expended and Defendant be held in custody of the Sheriff until fine and costs are paid.

Harriet Smith Plaintiff
vs                                                   Civil Action
Peter Goff Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of the Defendant in this cause.

George C. See Plaintiff
vs                                                   Civil Action
Josiah Leedy Defendant
Now at this day comes the Plaintiff by attorney and by leave of Court suggests the death of the Defendant in this cause.

George C. See Plaintiff
vs                                                   Civil Action
Josiah Leedy Defendant
Now at this day comes the Plaintiff by attorney and asks that the administration of Defendant's estate be substituted as party in this cause.

P. 508.

Josiah Leedy Plaintiff
vs                                                   Civil Action
William S. Baxley Defendant
Now at this day comes the Plaintiffs attorney and suggests the death of the Plaintiff in this cause.

Elizabeth Rucker Plaintiff
vs                                                   Civil Action
James Hill and Henry Small Defendants
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that the Defendants have been duly notified by publication in the Springfield Journal a newspaper printed in the State of Missouri for four successive weeks the last insertion at least four weeks before the first day of the present term of this Court and this action being founded on a promissory note signed by Defendants.The Court doth find from an examination of the same that Defendants are indebted to Plaintiffs in the sum of $50 debt and also $15.12 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendants his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this Judgment bear 10% interest.

Ordered by the Court adjourn untill tomorrow 9 o'clock. John S. Waddill C J

201
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED JANUARY TERM, June 11th 1864.
p 509.

Court met pursuant to adjournment.Present as on yesterday.

Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Christian S. Bodenhamer, Joseph J.
Bodenhamer & Chapman W. Bodenhamer Defendants
Now at this day comes the Plaintiff by attorney and by leave of Court dismisses this cause as to Defendants Joseph J. Bodenhamer and Chapman W. Bodenhamer.

p 509/510.

Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Christian S. Bodenhamer Defendant
Now at this day comes the Plaintiff by attorney and it appearing to the satisfaction of the Court that Defendant had been duly notified as the Law requires by publication in the Springfield Journal, a newspaper printed in the State of Missouri for four weeks successively the last insertion at least four weeks before the first day of the present term of this Court and having failed to plead, answer or demur to Plaintiff's petition the same is taken as confessed and it further appearing to the satisfaction of the Court that on the 21 day of April 1863 a Writ of Attachment was issued from the Office of the Clerk of the Circuit Court of this County directed to the Sheriff of Polk County, Mo., commanding him to attach the property of the said Defendant and was by the Sheriff of said county returned on the 4th day of May 1863 executed by levying upon the following described real estate, viz:W 1/2 of NE 1/4 & SE 1/4 of NE 1/4 & W 1/2 of SW 1/4 & SE 1/4 of SW 1/4 & SE 1/2 of NE 1/4 of SW 1/4 & S 1/2 of NW 1/4 of SE 1/4 Section 10 Township 34 Range 23, also, W 1/2 of NE 1/4 Section 15 and NW 1/4 of SE 1/4 of Section 12 and SW 1/4 of SE 1/4 of Section 14 and part of SW 1/4 of NW 1/4 of Section 28 & SW 1/4 of SE 1/4 & S 1/2 of NW 1/4 of SE 1/4 of Section 1 Township 34 Range 23 and this action being founded on an instrument of writing for direct payment of money signed by Defendant.The Court doth find from an examination of the same that Defendant is indebted to Plaintiff in the sum of $517 debt and also $126.63 damage. It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this judgment bear(amount not given).

p 510/511.

Now at this day comes the Grand Jury in to Open Court and through their foreman in the presence of the Jury returned into Court the following bills of indictment viz:
7 Bills shown without names/charges.
Which said Bills were ordered to be filed and capiases issued.

p 511.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
James Lang (or Long) Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $20 for the commission of said offence and that the State of Missouri have and recover of and from Defendant the said sum of $20 as well as costs in this suit and that Defendant be in the hands of the Sheriff untill fine and costs are paid.

202
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED JANUARY TERM
p 511.

State of Missouri Plaintiff
vs                                                   Selling Liquor Without License
D.C. Gorman Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in manner and form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $20 for the commission of said offence and that the State of Missouri have and recover of and from Defendant the sum of $20 as well as costs in this suit and that Defendant be in the hands of the Sheriff untill fine and costs are paid.

p 511/512.

State of Missouri Plaintiff
vs                                                   Gaming
Sam (no last name given)
Now at this day comes the Circuit Attorney and the Defendant in his own proper person and for a plea says he is guilty in mannerand form as charged in the Indictment.It is therefore considered by the Court that said Defendant be fined $10 for the commission of said offence and that the State of Missouri have and recover of and from Defendant the sum of $10 as well as costs in this suit and that Defendant be in the hands of the Sheriff untill fine and costs are paid.

p 512.

Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
Jacob Woodward, Andrew J. Ira
and James M. Graham Defendants
Now at this day comes the Plaintiff by attorney and dismisses this suit as to Defendants Ira and Graham and the Defendant also appears by attorney and both parties waiving the necessity of a Jury, this cause is tried before the Court sitting as a Jury, and the Court having heard the evidence produced by both parties doth find that Defendant is indebted to Plaintiff in the sum of $500 debt and also $106.20 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant her said debt and damage as well as costs in this behalf laid out and expended for which execution may issue. Defendant has leave to further plead.

p 512/513.

State of Missouri Plaintiff
vs                                                   No. 1 Grand Larceny
Charles H. Bailey Defendant
Now at this day comes the Circuit Attorney and the Defendant in his own proper person as principal and Presley C. Beal and Joseph Burden as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said Charles H. Bailey shall make his personal appearance before the Judge of our Greene Circuit Court at the July term 1864 which will commence on 2nd Monday in July 1864 there to answer to a Bill of Indictment preferred against him by the Grand Jury of said County for Grand Larceny and not depart said Court without leave otherwise to remain in full force.

P 513

State of Missouri Plaintiff
vs                                                   No. 2. Grand Larceny
Charles H. Bailey Defendant
(continued)

203
GREENE COUNTY, MISSOURI, CIRCUIT COURT CASES

BOOK F
ADJOURNED JANUARY TERM
p 513 (continued)

Now at this day comes the Circuit Attorney and the Defendant in his own proper person as principal and Presley C. Beal and Joseph Burden as his securities and acknowledge themselves each to owe and stand indebted to the State of Missouri in the sum of $500 to be levied of their respective goods and chattels, lands and tenements but to be void upon condition that the said Charles H. Bailey shall make his personal appearance before the Judge of our Greene Circuit Court at the July term 1864 which will commence on 2nd Monday in July 1864 there to answer to a Bill of Indictment preferred against him by the Grand Jury of said County for Grand Larceny and not depart said court without leave otherwise to remain in full force.

James Atkinson & Benjamin F. Acock Plaintiffs
vs                                                   Civil Action
John McElhanon, A.M. Appleby
and Allen Edmonson Defendants
Now at this day comes on for trial and both parties appearing by attorney waiving the necessity of a Jury and this cause is tried before the Court sitting as a Jury and the Court having heard the evidence produced by Plaintiff and Defendants the Court doth find that Defendants are indebted to Plaintiffs in the sum of $2416.79 debt and $114.12 damage.It is therefore considered by the Court that Plaintiffs have and recover of and from Defendants their said debt and damage as well as costs in this behalf laid out and expended for which execution may issue and this Judgment bear 10% interest and that on payment of same the notes held by Plaintiffs as collateral security be ordered to Defendant McElhanon.

p 514.

Bank of the State of Missouri Plaintiff
vs                                                   Civil Action
C.J. Parish, Wiley B. Roper,
William S. Baxley Defendants
Now at this day, the demurer of Defendants heretofore filed in this cause is overruled, comes the Plaintiff by attorney and by leave of Court dismisses this suit as to Defendant Wiley B. Roper and it appearing to the satisfaction of the Court that the other Defendants had been duly served with process at least 15 days before the 1st day of the present term of this Court and the Plaintiff appearing by attorney and the Defendants attorney being called came not but makes default and this action being founded on a promissory note signed by Defendants and the Court doth find from an examination of the same that Defendants are indebted to Plaintiff in the sum of $1600 debt and also $328 damage.It is therefore considered by the Court that Plaintiff have and recover of and from Defendant his said debt and damage as well as costs in this behalf laid out and expended for which execution may issue.

Now at this day the Grand Jury comes into Open Court and present through their foreman a report upon the Jail of said County and having no further business they are by the Court dismissed.

Ordered by the Court that Court adjourn untill Monday morning 9 o'clock.
John S. WaddillCircuit Judge

204

In Vacation Cases Continued
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