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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1842
Page 36:
April Term 1842
At a Circuit Court Commenced and held at the Town of Osceola in the
County of St. Clair in the state of Missouri on Monday the 4th day
of April 1842.
Present: Foster P. Wright, Circuit Judge
Charles M. Patrick, Clerk
John Smarr, Sheriff
Ordered by the Court Law that Robert Howard be Appointed Circuit
Attorney pro tem.
Now at this day Comes here into Court John Smarr Sheriff of St.
Clair County and returns here into Court the venire facias for a
Grand Jury action able to This Term of This Court from which was
sworn the following named persons as a Grand Jury for the body of
St. Clair County, John G. Williams, foreman, Robert F. Gordman,
Daniel Waldo, Burdett Sims, Isaac Culbertson, Jasper Applegate,
Charles Applegate, Daniel Cline, Theodrick Snuffer, Robert A. Burch,
Wilson Y. Taylor, Williamson W. Marlow, Samuel W. Harris, William
McClanahan, and Daniel Philips Who having received their Charges
retire to Consider of their presentments, who after a time returned
here into Court that they have no business before them, and were by
the Court discharged.
Egbert Marlow – plff
vs
Robert & James D. Gray – Deft
Petition in Debt
Now at this day Comes the parties by their attornies and the
Defendant files here his plea and the plaintiff by his attorney
moves the Court and Came to amend this petition by inserting the won
Dollars said to him leave is given and the Defendant moves the Court
for leave to withdraw the plea and to him leave is given, which is
accordingly withdrawn.
Jonas Caton – Plff
vs
Christopher Zack – Deft
Petition in Debt & attachment
Now at this day Comes the parties by their attornies and the
Defendant by his attorney files here in Court his motion to quash
the Summons and Attachment in This Cause Issued which motion being
agreed, heard and fully understood and mature deliberation being
thereon is by the Court Sustained Whereupon the Court do Consider
That the
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April Term 1842
said Defendant recover against the said Plaintiff his Costs and
Charges by him in This behalf laid out and Expended and that he have
thereof his writ of Execution.
Alexander Moore
vs
Daniel Brant
Motion on Appeal decided last Term
Now at this day Comes the Plaintiff by his attorney and files herein
his motion for a relaxation of costs in this cause which motion
being seen heard & fully understood It is Ordered by the Court here
that the Costs on this cause be taxed against George W. Ponds for
whose benefit this action was brought and that the Defendant have
therefore his writ of Execution.
Richard Brown – Plff
vs
Joseph W. Cox, adm. of the State of Valentine H. Brown Deceased –
Deft
Assumpsit
Now at this day Comes the Defendant by his attorney and files herein
his motion to suppress the depositions in this Cause taken.
State of Missouri – Plff
vs
Robert Hester – Deft
Indc’t resisting process
Now at this day Comes the Circuit attorney who prosecutes for the
state of Missouri as well as the said Defendant Whereupon the
Defendant by his attorney files herein his Motion to quash This
Indictment, which motion being seen heard and fully understood by
the Court and mature deliberation thereon had is by the Court
overseen Whereupon the parties acknowledged themselves ready for
trial, and the said Defendant being demanded of how he will acquit
himself for his plea Saith he is not guilty Whereupon Comes a Jury
Towit: William McDaniel, John A. Culbertson, John Perry, John Tally,
Ambrose H. Wilkerson, Robert Anderson, William Allen, William
Denson, William Armentrout, Thomas N. Henly, Joshua Caton & Robert
Beale who were duly Elected tried and Sworn well and truly to try
the issue in this cause Issued, after hearing the evidence and
arguments of Counsel retired to Consider of their Verdict who
returns here into Court the following verdict we the Jury find the
Defendant Robert Hester not guilty in manner and form as in the
indictment against him alleged
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April Term 1842
Therefore it is Considered by the Court here that the Said Defendant
Robert Hester of the premises aforesaid in the Indictment aforesaid
above Specified be discharged and he go thereof without day.
State of Missouri – Plff
vs
Robert Harris & Patrick Shields – Defts
Indc’t for vending merchandise
Now at this day Comes the Circuit attorney who prosecutes for the
State as well as the said defendants in their own proper person in
discharge of their recognizance, And the Defendant by his attorney
files here in his demurrer to the said indictment which being Argued
and by the Court seen heard and fully understood, and mature
deliberation thereon had is by the Court Sustained, Therefore it is
Considered by the Court here that the said Defendants of the
premises aforesaid in the Indictment aforesaid above specified be
discharged and that they go thereof without day.
State of Missouri – Plff
vs
Robert Harris & Patrick Shields – Defts
Indc’t grocery Keeping
Now at this day Comes the Circuit Attorney who prosecutes for the
state of Missouri as well as the said Defendants in their own proper
persons And the Defendants by their Attorney files herein their
demurrer to the indictment aforesaid.
State of Missouri – Plff
Vs
John Hornbeck - Deft
Indc’t Grocery Keeping
Now at this day Comes the Circuit attorney who prosecutes for the
state of Missouri as well as the said Defendant by his attorney And
the said Defendant by his attorney files herein his Motion to quash
this indictment.
State of Missouri – Plff
Vs
Philips Crow – Deft
Assault Intent to Kill
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri and Says he will not further prosecute this
Indictment – Therefore it is Considered by the Court here that the
said Defendant from his recognizance be discharged and that of the
promise aforesaid in this indictment aforesaid
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April Term 1842
be discharged and that he go thereof without day.
James Norris – plff
vs
Paris Sims – Deft
Debt Attachment
Now at this day Comes the said Plaintiff by his attorney And the
Said Defendant being Solemnly Called Comes not, Whereupon the Court
having had Satisfactory Evidence that the order of publication made
at the last term of this court has been published according to law
and whereas it Appears to the Court here that the said plaintiff has
sustained damages, to the amount of One hundred and seventy seven
Dollars and ninety Eight Cents Therefore it is Considered that the
said plaintiff recover of the said Defendant the sum of one hundred
And seventy seven Dollars and ninety Eight Cents for his Damages
together with his Costs and Charges by here in this behalf laid out
and Expended and that he have thereof his writ of Execution.
Thomas I. Turk – Plff
vs
Thomas H. Alexander – Deft
Case
Now at this Day Comes the parties by their attornies whereupon their
agreement this Cause is ordered to be dismissed. Therefore it is
Considered by the Court here That the said plaintiff recover against
the said Defendant his Costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
Thomas I. Turk – Plff
vs
Isaac Weaver – Deft
Case
Now at this day Comes the parties by their attornies and upon their
motion & agreement this Cause is Ordered to be dismissed at the
Defendants Costs Therefore it is considered by the Court here that
the Said plaintiff recover of the said Defendant his Costs and
Charges by him in this behalf laid out and Expended and that he have
thereof his writ of Execution.
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April Term 1842
Thomas I. Turk – Plff
vs
Julius Sutliff – Deft
Appeal from Benton Cty
Now at this Day Comes the parties by their attornies and both
parties being ready for trial and neither party requiring a Jury
this Cause is submitted to the Court – Whereupon the Court after
hearing the Evidence do find for the plaintiff the sum of forty
Eight Dollars & Thirty Eight Cents for his debt and the further sum
of Three Dollars and Sixty Two Cents for his Damages by way of
Interest – Therefore it is Considered by the Court here that the
said Plaintiff recover against the said Defendant the debt and
damages aforesaid assessed together with his Costs in this behalf
laid out and Expended and that he have thereof his writ of
Execution.
Columbus Hahn – Plff
Vs
James Gardner & Alborn D. Heston and Heirs
Appeal
Now at this day Comes the parties by their attornies and the
Defendants by their attorney files herein their motion to set aside
the Judgment of the Justice and dismiss this Cause – Whereupon the
plaintiff by his attorney Moves the Court for leave to the Constable
to answer his return upon the summons in this Cause issued and to
him leave is granted which amendment is accordingly made, whereupon
the Motion of the Defendants to set aside the Judgment of the
Justice and dismiss this Cause being argued and by the Court fully
heard and understood, and mature deliberation thereon had is by the
Court Sustained Therefore it is Considered by the Court here That
The Judgment be set aside and this Cause dismissed in said
Defendants recover against the said plaintiff their Costs & Charges
by them in this behalf laid out and Expended and That they have
thereof their writ of Execution.
Ordered that Court adjourn untill Tomorrow morning Eight of the
Clock.
F.P. Wright
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April Term 1842
Tuesday Morning Eight of the Clock
Court met pursuant to adjournment
Present as on yesterday
Joseph H. January – plff
vs
Philips Crow – Deft
Petition in Debt
Now at this day Comes the parties here into Court and the defendant
in his own proper person confesses Judgment to the plaintiff for the
sum of Two hundred and seventy five Dollars and nineteen cents for
his debt and the further sum of fifty seven Dollars & Seventy one
Cents for his damages by way of Interest – Which Said several sums
so confesses as aforesaid the said plaintiff by his attorney agrees
to accept for his debt and Damages. Therefore it is considered by
the Court that the said plaintiff recover of the said Defendant the
sum of Two hundred and Seventy five Dollars and nineteen Cents for
his debt and the sum of fifty seven Dollars and seventy one Cents
for his damages. So Confessed as aforesaid by & there with his Costs
and Charges in this behalf laid out and Expended and that he have
thereof his writ of Execution.
[Written in left hand margin of above case:] “This Judgment is
entitled to a verdict of three hundred dollars Winston Atty for
Plff”
George K. Budd & Oliver Bramble
vs
Philips Crow and Larkin H. Blake
Petition in Debt
Now at this Day Comes the plaintiffs by his attorney here into Court
and moves the Court for leave to dismiss his suit and withdraw the
Original note in this Cause filed and to them leave is given.
Therefore it is Considered by the Court That The Said Defendants
recover of the said plaintiffs their Costs and Charges in this
behalf Expended and that he have thereof his writ of Execution.
Richard Brown – Plaintiff
vs
Joseph W. Cox adm. of the estate of Valentine H. Brown Deceased –
Deft
Assumpsit
Now at this day Again Comes the parties by their Attornies and the
motion filed on yesterday to suppress the depositions in this Cause
taken being again and fully heard and understood by the Court is by
the Court Sustained – Therefore it is Considered by the Court that
the Defendant recover of the said plaintiffs his Costs in that
behalf laid out & Expended – And the said plaintiff his Costs in
that behalf laid out & Expended here – and the said plaintiff by his
attorney moves the Court for a Continuance of this Cause, and for
good Cause shown the Court do order that this Cause be Continued
untill
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April Term 1842
the next term of this Court at the plaintiffs Costs.
Ernest Looney – plff appellor
vs
Robert Hester – Deft appellant
Appeal
Now at this day Comes the parties by their attornies and both
parties being made ready for trial Came a Jury To wit: William
Armentrout, David Huffman, Georg Troller, Richard Stow, William
Denson and Calvin Waldo six good and Lawful men who are by the
parties agreed upon who were Elected tried and sworn well and truly
to try the issue in this Cause Joined, after hearing the evidence
and argument of Counsel return into Court the following Verdict
towit We the Jury find for the defendant Robert Hester – Therefore
it is Considered by the Court That the said Defendant recover of the
said Plaintiff his Costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
John L. Blain, Wm. M. Tompkins & William D. Barnett – Plffs
vs
Philips Crow, Roderick D. McCulloch – Defts
Petition & Debt
Now at this Day Comes Felix Hunton and files here in Court a power
of attorney from the Defendants to Confess Judgment in the above
Cause who confesses in favor of the plaintiffs and against the said
Defendants for the sum of fifteen hundred and Eighty four Dollars
and Twenty Three Cents drawing Interest at the rates of ten per
Centum annum from the 16th day of December 1841 – Therefore it is
Considered by the Court that the said plaintiffs recover of the said
Defendants the sum of fifteen hundred and Eighty four Dollars and
twenty three Cents the amount so Confessed as aforesaid together
with their Costs and Charges this behalf laid out and Expended and
that they have thereof their writ of Execution.
State of Missouri – Plff
vs
John Hornbeck – Deft
Indc’t Grocery Keeping
Now at this day Comes the Court attorney who prosecutes for the
State of Missouri and upon the Motion this Cause is Ordered to be
Continued untill the next term of this Court.
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April Term 1842
State of Missouri – Plff
vs
Robert T. Harns & Patrick Shields – Defts
Indc’t Grocery Keeping
Now at this day Comes the parties by their attornies
This day Came as well the prosecuting attorney who prosecutes for
the State of Missouri as the said defendants by their attorney and
the motion filed herein to quash the said Indictment being argued
and due deliberation had thereon by the Court said motion was
Sustained It is Therefore Considered by the Court that the Said
Indictment be quashed and that he said defendants go thereof heard
without day.
The State of Missouri – Plaintiff
against
Thornton – Defendant
Indictment
Ordered that this cause be Continued until the next Term of this
Court.
The State of Missouri – Plaintff
against
John Thornton – Defendant
Indictment
It is ordered that this Cause be Continued untill the next Term of
this Court.
The State of Missouri – Plaintiff
against
John Hornbeck – Defendant
Indictment amending business a Dram Shop Keeper
On Motion of the prosecuting attorney It is Ordered that an alias
Capias issue in this cause returnable to the first day of the next
Term of this Court and this Cause whereby Continued until the next
Term of the Court.
William F. Carter – Plaintiff
against
John L. Tracker – Defendant
In Assumpsit
This day came the parties aforesaid by their attornies and the
defendant by his attorney produced and filed herein his demurrer to
the plaintiffs Declaration which being argued and due deliberation
had therein by the Court was by the Court Ordered as to the first
Count Contained in said declaration.
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April Term 1842
Egbert Martin – Plff
vs
James D. Gray & Robert Gray – Defts
Petition in Debt
Now at this Day Comes the parties by their Attornies and the
Defendant by his attorney files herein his plea of set-off to which
the plaintiff by his attorney files his Application and the said
Defendant by leave of the Court withdraws his plea of set-off and
both parties being ready of for trial and neither party requiring a
Jury this Cause is Submitted to the Court – Whereupon the Court
after hearing the Evidence do find for the plaintiff the sum of
ninety three Dollars for his debt and the sum of One Dollar and
forty Cents for his damages by way of Interest Therefore it is
Considered by the Court that the said plaintiff recover of the said
Defendant the debt and damages aforesaid aforesaid together with his
Costs and Charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
Joseph Waldo – Plff
vs
Daniel Brant – Deft
Debt
Now at this day Comes the parties by their attorneys and the
plaintiff by his attorney and by leave of the Court dismisses his
suit and by agreement of the parties the said Defendant is to pay
all Costs – Therefore it is Considered by the Court that the said
plaintiff recover of the said Defendant his Costs and Charges in
this behalf laid out and Expended And that he have thereof his writ
of Execution.
Ordered that Benjamin P. Nayor be appointed Circuit Attorney pro
tem.
Seth B. Howard – Plaintiff
vs
Alborn D. Heston & Williamson Marlow – Defts
Trespass
Now at this day again Comes the parties by their Attornies and the
plaintiff by his attorney files therein his demurrer special of this
said
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April Term 1842
Plaintiff and by the Concent of parties this Cause is Ordered to be
continued untill the next term of this Court.
Ordered that all Causes and motions not otherwise disposed of be
Continued untill the next term of this Court.
Ordered that Court be adjourned untill Court in Cause. F.P. Wright
At a Circuit Court Commenced and held at the Town of Osceola in St.
Clair County in the State of Missouri on Monday the 1st day of
August in the year of our Lord Eighteen hundred and forty Two
Present Foster P. Wright, Circuit Judge
Chas. P. Bullock, Clerk
John Smarr, Sheriff
The Sheriff of St. Clair County returned here into Court the Venire
for a Grand Jury from which was and empoundley the the following
grand inquest for the State of Missouri for the body of the County
of St. Clair Towit – Henry C. Douglass foreman, William Culbertson,
Campbell English, Edwin Giles, Thomas Casey, William McDaniel,
William Wright, Raphael Bolds, Izra Hammer, Elisha Thomas,
Washington Whitlow, Josiah Culbertson, Randolph Whitley, Uriah L.
Sutherland and Garner Philips who having received their Charge
returned to Consider of their presentments.
Ordered that Court adjourn untill Tomorrow morning nine of the Clock
– F.P. Wright
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