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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1846
Page 167:
April Term A.D. 1846
At A Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County in the State of Missouri on Monday
the 6th day of April 1846.
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
John L. Trabern Sheriff
The Sheriff of St. Clair County returned here into Court the Venera
for a Grand inquest for the State of Missouri for the body of St.
Clair County from which was Sworn the following named Jurors John
Thompson foreman, John Looney, Theodrick Snuffer, John Bedell,
Joseph Polk, Christopher T. Woodale, Reubin L. Vaughan, William
Brown, Revos Thompson, Richard Deshaser, David L. Hamilton, Frances
Sproull, John C. Looney, Raphael Bolds, James Pace and James A.
Devin who having received their Charge retired to Consider of their
presentments.
State of Missouri – Plff
vs
Henry Pollard, Saml P. Hedges, Elkennah Cain, Wade Whitney and
Robert P. Cocke – Defts
Indictment for Gaiming
Now at this day Comes the parties by their attorneys and the
defendants by their attorney Moves the Court to quash this
indictment, which motion being seen And fully heard and understood
by the Court is Overuled – Whereupon both parties being ready for
trial Comes a Jury To Wit – Thomas P. Yoss, Saml Henry, S.B. Stone,
Abraham Puston, Andrew J. Nicholds, Joshua R. Royston, Joseph
Culbertson, James Boles, James Renfrow, Robert M. Smarr, James Eades
and Samuel Bowman twelve good and lawful men Elected tried and sworn
well and truly to try the issue in this Cause returned into Court
the following Verdict, We the Jury find the defendants guilty and
assess the fine at ten dollars each Therefore it is considered by
the Court here that the State of Missouri recover against the said
Defendants each the sum of Ten Dollars so assessed by the Jury as
aforesaid together with her Costs and Charges in this behalf laid
out and Expended and that She have thereof her writ of execution.
State of Missouri for the use of George M. Price
vs
John F. Thompson & Zachariah Walter
Debt
Now at this day Comes the parties by their attorneys and the plffs
by his attorney and files his demurrer to the Defts plea.
Page 168:
April Term AD 1846
Isaac Culbertson – Plff
vs
Edward T. Berry & Wm. C. Thompson – Defts
Petition in debt
Now at this day Comes the parties by their attorneys 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 Sixty nine
Dollars and fifty seven Cents Debt and fifteen Dollars and sixty
four Cents for his Damages by way of interest – It is therefore
Considered by the Court that the said plaintiff recover of the said
Defendant Edward T. Berry the aforesaid sum of Sixty Nine Dollars
and fifty seven Cents for his debt and the sum of fifteen Dollars
and sixty four Cents for his damages So assessed as aforesaid
Together with his Costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
John E. Morgan – Plff
vs
Edward T. Berry – Deft
Attachment on Transcript from Justices Court
Now at this day Comes the Plff by his attorney and upon his motion
this Cause is ordered to be dismissed at his costs.
Joseph Culbertson – Plff
vs
Edward T. Berry & William C. Thompson – Defts
Petition in debt & attachment
Now at this day Comes the parties by their Attorneys and the
Plaintiff by his attorney dismisses his suit as to the said
Defendant Thompson 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 Said
Plaintiff the Sum of Ninety five Dollars for his debt also the sum
of Thirteen Dollars and thirty cents for his damages by way of
interest –
Therefore it is Considered by the Court that the said Plaintiff
recover of the said Defendant Edward T. Berry the sum of Ninety five
Dollars for his debt also the Sum of Thirteen Dollars and Thirty
Cents for his damages So assessed as aforesaid together with his
Costs and Charges in this behalf laid out and Expended and that he
have thereof his writ of Execution.
James Phillips – Plff
vs
Richard Crenshaw – Deft
Case
Now at this day comes the Defendant by his attorney and files herein
his motion to rule the Plff to Security for Costs.
Page 169:
April Term AD 1846
State of Missouri
vs
Samuel P. Hedges
Attachment to answer to a Contempt of Court
In refusing To Testify to the Grand Jury – at October Term 1845
Now at this day Comes the Circuit attorney who prosecutes for the
state of Missouri as well as the said Samuel P. Hedges in his own
proper persons – Whereupon the Court after hearing the evidence in
this Cause do Order that the said Samuel P. Hedges be excused for
the Contempt aforesaid and that he go thereof without day – And it
is further Considered by the Court that the said Plff recover of the
said defendant her costs and Charges in this behalf laid out and
Expended.
In the matter of John Hodgson an alien Application to be admitted a
citizen
Now at this day personally appeared in open court the said John
Hodgson a citizen of England and makes his Application to be
admitted a citizen of the United States And it appearing to the
court, that, at the November Term of this court which was held in
the year AD 1841 and being more than two years before this
application the said John Hodgson did declare in oath that it was
his bona fide intention to be come a citizen of the United States
and renounce forever all allegiance and fidelity to any foreign
prince, potentate, state, or sovereignty whereof he at said time
might be a citizen or subject – and the court being further
satisfied upon the testimony of good and lawful men who witnesses
that the said John Hodgson has resided within the United States at
least five years and more than one year within this state next
premises to this application – and it further appearing to the
satisfaction of this court by the testimony of said witnesses that
during all that time that the said applicant has behaved as a man of
good moral character, attached to the preambles of the constitution
of the United States and well has proved to the good order and
happiness of the same and the said John Hodgson having now declared
on oath here in court that he will support the Constitution of the
United States and that he doth entirely & absolutely renounce and
abjure all allegiances and fidelity to every foreign
Page 170:
April Term 1846
prince, potentate, state, or sovereignty whatever and particularly
to Victoria the queen of England and therefore it is considered by
the court that the said John Hodgson be & now is admitted a citizen
of the United States.
Ordered that Court adjourn untill Tomorrow Morning 8 O clock.
F.P. Wright
Tuesday Morning 8 of the Clock Court Met pursuant to adjournment.
Present as on Yesterday.
State of Missouri – Plff
vs
Sameul McConnel – Deft
Indct dram Shop Keeping
Now at this day Comes the Circuit Attorney who prosecutes for the
State of Missouri and Says he will not further prosecute for the
State this Indictment. Therefore it is ordered by the Court that the
said defendant be discharged And that he go thereof without day.
State of Missouri for the use of George W. Price – Plff
vs
John F. Thompson – Deft
Debt
Now at this day Comes the parties by their attorneys And on Motion
of the Defendant he has leave to withdraw his special plea And file
a new plea instant.
Daniel Phillips – Plff
vs
Richard Crenshaw – Deft
Case
Now at this day Comes the parties by their Attorneys and the
plaintiff by his Attorney demurs to the plea of Justification which
demurrer is considered as filed.
Edward H. Hubbard – Plff
vs
Warren C. Heath
Replevin
This day Came the parties aforesaid by their attornies and on motion
of the plaintiff and for good Cause shown It is ordered that this
cause be continued until the next Term of this Court at his costs.
It is Therefore Considered
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April Term 1846
by the Court that the defendant revover of the plaintiff his costs
by him at this Term of this Court expended and that Execution
issued.
Leave is granted by the Court to Dewitt C. Batton Esqr and Burr H.
Emerson Esqr to sign the roll of practice of attornies of the Court.
James Philips – Plaintiff
against
Richard Crenshaw – Defendant
In Case
This day Came the parties aforesaid by their Attornies and thereupon
came a Jury to wit Stinson S. Sterns, Robert F. Gardner, Joseph
Herndon, John Bunch, Levi Gover, Burton Jarnigan, Ervin Thomas, Wm.
St. McCullough, Richard Smith, George W. Short, William McDaniel and
William B. Moore twelve good and lawful men who being sworn well and
truly to try the issues joined heard a portion of the evidence and
there upon the plaintiff suffered a new suit in this cause. It is
Therefore considered by the Court that the plaintiff take nothing by
his said suit and that the defendant go thereof hence with out day
and recover of the plaintiff his costs by him about his defense in
this suit laid out or expended and that Execution thereof.
William Smarr – Taxor
against
James Rickey – Taxor
In Case
This day came the parties aforesaid by their attornies and
thencefore came a Jury towit – Samuel W. Harris, Wm. M. Cox Sr.,
Simeon Poston, Daniel W. Keith, Mathew Boswell, Silas M. Short, John
D. Sims, Thomas Piper, David A. Bunch, Wm. C. Douglass, Wm. Allen
and Harlen Stays twelve good and lawful men who being sworn well and
truly to try the issue joined heard the evidence and arguments of
attornies and returned unto Court the following verdict towit we of
the Jury find the defendant not guilty as in pleading he hat alleged
It is Therefore Considered by the court that the plaintiff take
nothing by his suit that for his false claimor be in money and that
the Defendant go thereof hence without day and recover of the
plaintiff his costs by him About is defense in this suit expended &
that Execution issued therefore.
Page 172:
April Term AD 1846
William H. Clark – Plff
vs
Luther Caton – Deft
Petition in debt & Attachment
Now at this day Comes the Defendant by his attorney And files herein
by leave of the Court his plea of infancy.
Alexander Moore – Plff
vs
Luther Caton – Deft
Debt & Attachment
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of Non assumpsit And Infancy.
Joseph Conly
vs
S.B. Stone
Appeal
Now at this day Comes the defendant by his attorney and files herein
his pleas of Nil Debit and notice of offset.
Ordered that Court adjourn untill Tomorrow Morning 8 Oclock.
F.P. Wright
Wednesday Morning April 8th 1846
Court met pursuant to adjournment
Present as on yesterday
The Bank of the State of Missouri
against
Daniel Brant et al
Petition in Debt
Leave is granted the sheriff of this County to amend his return on
the writ in this Cause & thereupon said amendment was made and filed
by said Sheriff.
James Gardner
against
Alborn D. Abston
The plaintiff filed his interrogatories herein.
Page 173:
April Term 1846
The State of Missouri for the use of George Price
against
John F. Thompson & Zachariah Walter
In Debt
This day came the parties aforesaid by their attornies and neither
party requiring a Jury agreed to submit this cause to the Court and
the evidence being heard It is found by the Court Setting as Jury
that the defendants Are indebted to the plaintiff in the sum of
Three Hundred Dollars the penalty of the ruling obligatory Sued on
and that the defendants have broken the Condition of said bond and
that the plaintiff has sustained damages thereby to the Amount of Sd
Sum of Three Hundred Dollars. It is Therefore Considered by the
Court that the said plaintiff who sues to the use aforesaid have and
recover of said defendants the said Sum of Three Hundred Dollars for
damages assessed as aforesaid and also her costs herein expended and
that Execution issued therefor.
The Sheriff of St. Clair County returned here into Court the Inquest
in writing of the Jury by him summoned by & on a writ of ad quad
damnum in favor of Avery B. Howard signed by said Jury and it
appearing to the satisfaction of the Court from said Inquest that no
proprietor will sustain any damage by reasons of inundation
consequent upon the order of the dam proposed that no mansion house
of suit proprietor or not house Curtilages or garden, thereto
immediately belonging or ordained will be overflowed thereby that
ordering navigation and rite of passage will not be obstructed by
such erection and that the health of the neighborhood will not be
materially annoyed in consequence of such erection It is Considered
by the court that leave be given said Avery B. Howard have leave to
erect his said mill dam seven feet high as prayed for in his
Petition.
Daniel Philips
against
Richard Crenshaw
In Case
This day Came said plaintiff and withdrew his Demurrer to the
defendant,
Page 174:
April Term AD 1846
Special plea and the plaintiff then produced and filed his general
Replication to said plea.
Pleasant M. Cox & Zachariah Lilley
against
Samuel W. Starns admr of Samuel M. Moore decd
Petition foreclose Mortgage
This day Came the parties aforesaid by and the sued defendant as
administrator as aforesaid in his proper person & says that he
cannot deny but as that said Samuel M. Moore in his life time was
indebted to the said plaintiffs in the Sum of Fifty six Dollars and
four cents for their debt and thirteen dollars and fifty four cents
for their damages as in the Petition mentioned It is Therefore
Considered by the Court that sd plffs recover of sd deft as
administrator as aforesaid Said Sums for their debt and damages
together with their costs and that they have Execution therefor. It
is further ordered by the Court that the said Execution be levied on
lot No. 6 Block No. 35 in the town of Osceola and two set mould
plains, 3 let Bud plains 4 Bench plains 3 moulders plains, 7 Inches
chisel 1 foot adds 2 ¼ inch auger 2 stuls one Iron square One claw
Hammer one hand axe one set of flooring plains one grind stone 2
Hand Saws 1 oil Stone 1 tool chest 1 Clothes Chest 2 work Benches
the property in the petition & mortgage mentioned.
Wm. H. Clark
vs
E. Larney
Appeal
This day Came the plaintiff by his attorney & dismissed this cause &
It is Therefore considered by the Court that the deft recover of the
plff his Costs by him in this suit expended and that Execution
issued therefore to
Page 175:
April Term 1846
Joseph Conley
vs
S.B. Stone
Appeal
This day Came the deft and by leave of this Court Withdrew his pleas
by him filed at this Term of the Court – whereupon both parties
being present and neither party requiring a Jury agreed to submit
this Cause to the Court and the evidence being heard it is proved by
the Court that the defendant is indebted to the plaintiff in the Sum
of Seventeen dollars 37 ½ cents debt and Eighty seven cents damages.
It is Therefore Considered by the Court that the plaintiff recover
of sd debt sd him assessed as afsd and also his Costs herein
expended and that Execution is issued.
County of St. Clair
vs
Wm. McDaniel & others
Debt
This day Came the Circuit attorney & dismissed this cause and on his
motion leave is given him to withdraw the instrument and motion.
It is ordered that Joseph Johnson make his personal appearance
before this Court on to morrow morning to show Cause if any he can
why he should not be fined for a Contempt of this Court.
It is ordered that Felix Hunton make his personal appearance before
this Court on to morrow morning to show Cause if any he can why he
should not be fined for a Contempt of this Court.
Daniel Philips
vs
Richard Crenshaw
In case
This day came the parties aforesaid by their attornies and thereupon
came a Jury towit Jesse Looney, Wm. F. Willet, John Perry, Wm.
Simons, Andrew Forest, John Amlin, James Eason, John E. Morgan, S.B.
Stone,
Page 176:
April Term AD 1846
James Ditty, Elisha H. Bell and George Elliott twelve good and
lawful men elected and sworn well and truly to try the issue in this
Cause Joined after hearing the evidence and argument of Counsel
returned into Court the following Verdict We the Jury find for the
defendant – Therefore it is Considered by the Court that the Said
Plaintiff take nothing by his suit and that the said Defendant
recover of the said Plaintiff his Costs and Charges in this behalf
laid out and Expended and that he have there of his writ of
execution.
George Douglass – Plff
vs
William Waldo – Deft
Petition in debt
Now at this Comes the parties by their attorneys and upon motion of
the Defendant by his attorney he has leave to file his pleas in
Vacation 90 days before the next term of this Court.
Wm. H. Clark – Plff
vs
Luther Caton – Deft
Debt & attachment
Now at this day Comes the parties by their attorneys and on Motion
of the defendant he has leave to file his pleas in Vacation 90 days
before the next term of this Court.
Alexander Moore –Plff
vs
Luther Caton
Debt & attachment
Now at this day Comes the parties by their attorneys and on motion
of the Plaintiff he has leave to file his replication on this Cause
in Vacation 90 days before the next term of this Court.
The Grand Jury returned here into Court the following Bills of
Indictment a true Bill against Samuel P. Hedges, Alexander Moore,
Elkennah Cain and Robert Beal for Gaming also a true Bill Against
Elkennah Cain for Suffering gaming in his house also a true Bill
against Henry Pollard for Suffering Gaming in his house also a true
Bill against Benjamin Wilkerson for selling Liquor to an Indian. A
true Bill against George Suiter for Bartering with an Indian for a
gun also a true Bill against Albert Shelton for failing to keep his
road district in repair.
Page 177:
April Term AD 1846
also a true Bill against Henry Pollard, Elkennah Cain, Joseph
Burteax and Gabriel Nash for Gaming and having no further business
before them were by the Court discharged and on motion of the
Circuit attorney it is ordered that Capias’s issue on said
Indictments directed to the Sheriff of St. Clair County returnable
to the next Term of this Court.
Ordered that Court Adjourn untill Tomorrow morning 8 O Clock.
F.P. Wright
Thursday Morning 8 O Clock Court met pursuant to Adjournment –
Present as on Yesterday
Sidney C. Dean – Plff & appeller
vs
David L. Hamilton – Deft & appellant
Appeal
Now at this day, Comes the parties by their attorneys and both
parties being ready for trial – Comes a Jury To Wit: John Perry,
Andrew Foust, John H. Hull, Henry Pollard, Robert Langley and Bexton
Jenigan Six good and lawful men Elected tried and sworn well and
truly to try the issue in this Cause Joined who are by the parties
accepted as a good and sufficient Jury – After hearing the evidence
returned into Court the following Verdict. We the Jury do agree and
find for the defendant the sum of thirty eight Dollars this the 9th
day of April 1846 Therefore it is Considered by the Court that the
said Defendant recover of the said plaintiff the sum of Thirty Eight
Dollars so assessed by the Jury as aforesaid together with his costs
and Charges in this behalf laid out and expended and that he have
thereof his writ of Execution – whereupon the plaintiff by his
attorney files herein his motion for a new trial which motion being
seen and fully heard and understood by the Court is by the Court
Sustained – Whereupon the Defendant by his Attorney files herein his
motion to dismiss this suit for want of security for Costs – And
this Cause is ordered to be continued untill the next term of this
court.
James Browder admr of the estate of Jonas Heath decd
vs
James H. Lay admr of the Estate of peter Ashley decd – Deft
Assumpsit
Upon the motion and consent of parties this cause is ordered to be
Continued untill the next term of this Court.
Page 178:
April Term AD 1846
Zadock Reed – Plff & appellant
vs
John H. Hull – Deft & appellee
Appeal
Now at this day comes the parties by their attorneys and both
parties being ready for Trial Comes a Jury To wit. Benjamin K.
Wilkerson, William B. Wilkerson, Levi Gover, Elisha L. Harper,
Joshua R. Royston and Columbus Hahan 6 good and lawful men Elected
tried and sworn well and truly to try the issue in this cause joined
and who are by the parties received as a good and Sufficient Jury –
After hearing the evidence returned here into Court the following
Verdict To Wit. We the Jury find fore plaintiff One Dollar and Sixty
Eight Cents – Therefore it is Considered by the Court that the said
plaintiff recover of the said defendant the sum of One Dollar and
Sixty Eight Cents so assessed by the Jury in their Verdict aforesaid
together with his Costs and Charges in this behalf laid out and
Expended and that he have thereof his writ of Execution.
The Bank of the State of Missouri – plff
vs
Daniel Brant, John Haney and Thomas Piper – Defts
Assumpsit
Now at this day Comes the said plaintiff by her attorney as well as
the said Defendant Thomas Piper. Whereupon the Said Defendant Thomas
Piper by his attorney files herein his plea of Nil debit – and the
said Defendants Daniel Brant And John Henry being Severally Called
Comes not but makes default, and the said plaintiff by her attorney
dismisses his Said Action as to the said defendant Thomas Piper
whereupon the said action of the said plaintiff remains against the
said Defendants Daniel Brant and John Henry undefended, Whereupon
the said plaintiff ought to recover against the said Defendants
Brant & Henry her debt and damages on account of the premises, And
because it is suggested and manifestly appears to the Court here
that the Sum of Three Hundred And Twenty three Dollars and Twenty
five Cents is Justly due from the said Defendants Daniel Brant &
John Henry to the said plaintiff Therefore it is considered by the
Court that the said Plaintiff recover of the said Defendants Daniel
Brant and John Henry the aforesaid Sum of Three Hundred and twenty
three Dollars and twenty five Cents So Assessed by the Court as
aforesaid for her damages together with her costs and Charges in
this behalf laid out and expended and that she have thereof her writ
of Execution – and upon motion
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April Term 1846
of the said plaintiff leave is given to withdraw the note in this
Cause filed by leaving a Copy thereof on file in said Cause.
The Bank of the State of Missouri – plaintiff
vs
Thomas Piper – Deft
Assumpsit
Now at this day comes the plaintiff by her attorney and files herein
his declaration and upon his motion it is ordered that a Summons do
issue against the said Defendant directed to the Sheriff of St.
Clair County returnable to the next term of this Court.
Christopher Zuck
vs
Jonas Caton
on Execution
Now at this day comes John L. Trabern Sheriff of St. Clair County
and presents to the Court here an account in this cause for
allowance it being for the Keeping of 13 hogs for 16 days levied
upon by Virtue of said Execution Whereupon the Court do order that
the said sheriff be Allowed the sum of four Dollars as per account
filed.
Fredrick A. Williams – Plff
vs
Wm. F. Carter & Alborn D. Abston – Deft
Be it remembered that on this day personally appeared John L.
Trabern Sheriff of St. Clair County and tenders to the Court here a
deed by him Executed as Sheriff as aforesaid to the said Fredrick A.
Williams for the undivided ½ part or parcel of land stricken off the
N.W. side of the N.E. quarter qr of section No. 13 Township No. 38
and Range No. 25 containing 20 acres, who is personally Known to the
court to be the person whose name is subscribed thereto as having
Executed the same and acknowledged the same to be his act and deed
for the purposes therein mentioned.
Be it remembered that on this day personally appeared John L.
Trabern Sheriff of St. Clair County and presents to the court here a
deed by him executed to William Shields for a certain lot or parcel
of ground in the Town of Osceola Known upon the plat of said Town
Known as block Thirty six also a certain other piece of land of the
sise and form of the blocks in the Town of Osceola being west of the
above described block No. Thirty Six
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April Term 1846
Commencing 66 feet from said Block as to leave a Street between the
lots – And the said John L. Trabern being personally Known to the
Court to be the person whose name is subscribed thereto as having
executed the same as Sheriff as aforesaid, Acknowledged the same to
be his Act and deed for the purposes therein mentioned.
Josiah Culbertson
vs
Daniel Brant
Be it remembered that on this day personally appeared John L.
Trabern Sheriff of St. Clair County and presents to the Court here a
deed by him executed to the said Josiah Culbertson for the South
East qr. of Section No. 25 Township 37 and range 26 containing 160
acres and the North East quarter of Section No. 36 in same Township
and Range aforesaid – and the said John L. Trabern being personally
Known to the Court to be the person Whose name is subscribed to said
deed as having Executed the same as Sheriff as aforesaid And
acknowledged the same to be his act and deed for the purposes
therein mentioned.
Ordered that all Causes and Motions not otherwise disposed of be
Continued untill the next term of this Court.
Ordered that Court adjourn untill Court in Cause.
F.P. Wright
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