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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1847
Page 194:
April Term AD 1847
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County on Monday the 26 day of April AD 1847
–
Present Foster P. Wright Circuit Judge
Chas P. Bullock Clerk
Zachariah Lilley – Sheriff
David S. Corbin – Plff
vs
William Harter
Execution on transcript from a Justice of the peace
Now at this day Comes the Plaintiff by his attorney And by leave of
the Court files herein his motion to quash this Execution.
The Sheriff of St. Clair County returns here into Court the Venera
for a grand Jury for the State of Missouri for the body of St. Clair
County – From which were sworn the following named Jurors as a grand
Inquest To Wit Samuel W. Harris foreman, Wm. R. Cawthon, Wm. Allen,
John W. Ritchey, Reuben Robinson, Ira Leadbetter, George W.
McFarland, Robert G. Crockett, Jno. Haney, Joshua Dallas, John
Thompson, Samuel Wyatt, James Hampton, James Burks, John Burch, Jno.
Whitley and Robert F. Gardner who having received their Charge
retired to consider of their presentments.
State of Missouri – plff
vs
Samuel P. Hedges, Alex Moore & Elkennah Cain, Robert K. Beales –
Defts
Indct for Gaiming
Now at this day Comes the Defendant Robert K. Beale in his own
proper person and says he is guilty in manner and form as in this
indictment aforesaid is Charged against him – Therefore it is
Considered by the Court that the said state of Missouri recover
against the said Beale the sum of ten Dollars for her fine together
with her Costs in this behalf laid out and Expended And that she
have thereof her writ of Execution.
State of Missouri
vs
Henry Pollard, Elkennah Cain, Joseph Barteaux & Gabriel Nash
Indct for Gaiming
Page 195:
April Term AD 1847
Now at this day Comes the Circuit attorney who prosecutes for the
state of Missouri, As well as the said defendant Gabriel Nash And
Says that he is guilty in manner and form as in this Said Indictment
Against him is Charged and throws himself upon the Mercy of the
Court – Whereupon the Court doth assess a fine of ten Dollars
against the said Gabriel Nash. Therefore it is Considered by the
Court that the State of Missouri recover against the said defendant
Nash the aforesaid Sum of ten Dollars as assessed 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 – plff
vs
Elkennah Cain – Deft
Indct for Keeping a Gaiming house
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant by his attorney who
for his plea Says he is not guilty in manner and form as in the said
indictment against him is charged – And both parties being ready for
trial – Comes a Jury Towit: Robert Anderson, Elisha S. Terry,
Marcellus I. Harris, William Hill, Wm. E. Marlow, David S. Corbin,
Wm. Small, Elisha Bell, John Clarkson, James Curry, Hiram Reed and
Robert H. Sproull 12 good and lawful men, well and truly elected and
sworn to try the issue in the Cause Joined – who after hearing the
evidence return here into Court the following verdict We the Jury
find the defendant not guilty in manner and form as in the said
indictment against him is alledged. Therefore it is considered by
the Court that the said defendant from his recognizance be
discharged and that he go hence without day.
John E. Morgan – plff
vs
Chancey S. Odell – Deft
Appeal
Now at this day comes the plaintiff by his attorney and file herein
his motion to rule the said Defendant to additional security, And
upon motion of this said Defendant by his attorney and for good
cause shown this Cause and the said plaintiffs motion be continued
untill the next term of this Court.
Page 196:
April Term AD 1847
State of Missouri – plff
vs
Joseph Conley
Indct for Keeping a dram shop
Now at this day comes the Circuit Attorney who Prosecutes for the
state of Missouri As well as the said Joseph Conley by his attorney
and for his plea says he is not guilty in Manner and form as is
charged against him in the said Indictment – and both parties being
ready for trial Comes a Jury To Wit: Leamon L. Harper, George W.
Reece, David A. Bunch, Clifton J. Browning, Joseph Culbertson,
Simeon Poston, John M. Elkin, John S. Wyatt, Daniel Phillips, Henry
Pollard, William L. Browning and Ashford Peebly 12 good and lawful
men elected and sworn well and truly to try the issue in this Cause
Joined – After hearing the evidence Return here into Court the
following Verdict – “We the Jury find the defendant not guilty in
Manner and form as in the Indictment against him is alledged” –
Therefore it is Considered by the Court that the said Defendant from
his recognizance be discharged, and that he go hence thereof without
day.
State of Missouri – plff
vs
Joseph Conley – Defts
Indct for Keeping a Dram Shop
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
for his pleas says he is not guilty in Manner and form as in the
Indictment against him is charged & And both parties being ready for
trial comes a Jury To Wit: Richard Stow, William Ferguson, John H.
Wolf, Reubin Vaughn, Josiah Culbertson, James Curry, Garner
Phillips, James A. Devin, Wm. Small, Henry Reese, James A. Eads, and
Wm. C. Saunders 12 good and lawful men elected and sworn well and
truly to try the issue in this cause Joined After hearing the
evidence return into Court the following verdict “We the Jury find
the defendant Guilty in Manner and form as in the indictment against
him is alledged and do assess the fine to Twenty Dollars” Therefore
it is considered that the plaintiff recover against the said
defendant the aforesaid sum of Twenty Dollars together with his
Costs and in this behalf laid out and expended and that she have
thereof her writ of Execution – And upon Motion of the said Circuit
attorney it is ordered by the Court that the sd defendant has
discharge of his recognizance & offers currency of the fine & Costs
are paid.
Page 197:
April Term A.D. 1847
Cidney C. Dean – plff
Vs
David L. Hamilton – Deft
Appeal
Now at this day Comes the parties by their attorneys and the
Defendant by his attorney and by leave of the Court first had and
obtained files herein his motion to suppress the depositions taken
in this Cause by the said Plaintiff.
Edward H. Hubbard – plff
vs
Warren C. Heath – Deft
Replevin
Now at this day comes the parties by their attorneys, and both
parties being ready for trial Comes a Jury Towit – Ashford Peebly,
David A. Hamilton, David S. Corbin, Wm. Kelso, Robert H. Sproull,
Osker Keller, Hiram Reed, John Bedell, Wm. Hill, David Burton,
Andrew J. Nicholdson and Daniel Cline 12 good and lawful men Elected
tried and sworn well and truly to try the issue in this cause
Joined, after hearing the Evidence returned into Court and reported
to the court here that they Could not agree upon their verdict
Whereupon on the said Jury are by the Court discharged.
Robert Allison a native of England this day appeared in open Court,
and it appearing to the satisfaction of the court that said Robert
Allison did on the 14th day of August AD 1837 in the county court of
Wythe county in the State of Virginia declare upon oath that it is
bona fide his intention to become a citizen of the United States &
to renounce forever all allegiance and fidelity – to any foreign
province potentale or sovereignty whatever and particularly to
Victoria queen of Great Britain & Ireland – And it also appearing to
the satisfaction of the court by the testimony of two credible
disinterested witnesses that the said Robert Allison has resided
within the United States more than five years immediately preceding
this his application to be admitted as Citizen of the United States
and within this state more than one year and that the said Robert
Allison during that time has behaved as a man of good moral
character attached to the preambles of the constitution of the
United States and well disposed to the good order & happenings of
the Same and the said Robert Allison being first here in
Page 198:
April Term 1847
Court duly sworn upon his oath declares that he doth entirely and
absolutely renounce and abjure all allegiance and fidelity to every
foreign Prince, Potentale, State or sovereignty whatever, and
particularly to Victoria queen of Great Britain – It is Therefore
considered by the court that the said Robert Allison be admitted a
citizen of the United States and he is hereby so admitted
accordingly.
Ordered that Court adjourn untill tomorrow morning 8 Oclock.
F.P. Wright
Cir Judge
Tuesday Morning 8 Oclock
Court Met pursuant to adjournment
Present as on Yesterday
Sidney C. Dean – Plff
vs
David L. Hamilton – Deft
Appeal
Now at this day Comes the parties by their Attorney And the
defendant by his attorney and by leave of the Court withdraws his
motion in this cause filed to suppress the depositions of the Said
Plffs And the said defendant by his attorney files herein his motion
to release the security of the Said Defendant in his appeal Bond,
and to Execute new Bond and to him leave is given whereupon they
file herein their new bond which is by the court approved – And both
parties being ready for trial this cause Comes A Jury Towit. John S.
Wyatt, Wm. B. Moore, Richard Stow, William Culbertson, Saml T. Weir,
George W. McFarland, Joshua Dallas, John Haney, James Hampton, Wm.
Allen, Robert G. Crockett and Clifton J. Browning 12 good and lawful
men elected and sworn well and truly to try the issue in this Cause
Joined After hearing the evidence return into Court the following
Verdict “We the Jury find for the Defendant David L. Hamilton the
sum of Twenty Six Dollars and Seventy five Cents – Therefore it is
considered by the court that the said Defendant recover against the
said plaintiff the sum of Twenty six Dollars and seventy five cents
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.
Page 199:
April Term A.D. 1847
Abraham Redfield – Plff
vs
Daniel Waldo – Deft
Petition in debt & attachment
Now at this day Comes the plaintiff by his attorney and it appearing
to the Court here from the return of the sheriff on the writ in this
cause issued that the said defendant Cannot be found in St. Clair
County, It is ordered by the Court that the said plaintiff Cause
notice to be served upon the said Defendant by publication in some
newspaper published in this state for four weeks successively the
last insertion to be at least four weeks before the Commencement of
the next term of this court which Commences on the 4th Monday in
October AD 1847 – Notifying the said Defendant that an action of
debt has been commenced against him by the said plaintiff for the
sum of [space] That a writ of Attachment has been sued out and his
property attached and that unless he appear at the next term of this
Court and on or before the third day thereof and plead to the said
action of this said plaintiff Judgment will be rendered against him
and his property sold to satisfy the same and this Cause is Ordered
to be Continued untill the next term of this Court.
County of St. Clair
vs
William McDaniel
Petition to foreclose mortgage
Ordered that this Cause be Continued untill the next term of this
Court.
State of Missouri – Plff
vs
Joseph Conley – Deft
Indct for Keeping a dram shop
Now at this day comes the securities of the said defendant in his
recognizance and Surrenders into the Custody of the Sheriff of St.
Clair County the body of the said defendant whereupon the Court do
order that the said security from the recognizance aforesaid be
discharged.
Samuel Reeder – Plff
vs
Wm. H. Small – Deft
Appeal
Now at this day Comes the parties by their Attorney And the
plaintiff by his attorney
Page 200:
April Term AD 1847
dismisses his said Suit – 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 the have
thereof his writ of Execution – And upon Motion of the said
plaintiff he has leave to withdraw the note in this cause filed.
The Grand Jury returned into court, and having no business before
them, are by the court discharged.
David A. Bunch – plff
vs
Daniel Cline – Deft
Appeal
Now at this day Comes the parties by their attorney and both parties
being ready for trial comes a Jury Towit Hencen S. Sterns, Hiram
Vaed, Wm. Kelso, Joseph N. Burteaux and William C. Saunders and
Gabriel P. Nash 6 good and lawful men elected tried and sworn well
and truly to try the issue in this Cause Joined returned here into
Court the following Verdict, “We the Jury find for the plaintiff the
sum of Eighteen Dollars” Therefore it is Considered by the court
that the said Plaintiff recover against the said Defendant the sum
of Eighteen 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.
Gilbert R. Vanallen
vs
Daniel Brant
Debt
Be it remembered that on this day personally appeared John L.
Trabern former sheriff of St. Clair County and produces to the court
here a deed by him Executed to Pleasant M. Cox for the S.E. fr qr of
Section No. 27 Township No. 37 Range 26 South of Sac River, and who
is personally Known to this Court to be the person whose name is
subscribed to said deed as having executed the same and Acknowledged
the same to be his act and deed for the purposes therein mentioned.
Page 201:
April Term AD 1847
Bank of the State of Missouri – a plff
vs
Thomas F. Wright, William Brown & Jno C. Greenwell – Defts
Assumpsit
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 doth find for the plaintiff and assess her
damages to Two Hundred and fifty one Dollars and seventy cents
Whereupon it is Considered by the Court that the said plaintiff
recover of the said defendants the sum of Two Hundred and fifty one
Dollars and ninety cents as assessed by the court as aforesaid
together with his costs and charges in this behalf laid out and
expended and that she have thereof her writ of execution.
Ordered that Court adjourn untill Tomorrow morning 8 oclock.
F.P. Wright
Cir Judge
Wednesday Morning 8 Oclock
Court met pursuant to adjournment
Present as on Yesterday
State of Missouri – Plff
vs
Joseph Conley
Indictment for dram shop Keeping
Now at this day comes the Circuit attorney who prosecutes for the
state of Missouri and upon his motion it is Ordered that so much of
the Order remanding the Deft into the Custody of the Sheriff untill
the Fine and Costs in this Cause is paid be recinded, and that
Execution issue for the fine and Costs in this cause.
Bank of the State of Missouri – Plff
vs
Thomas F. Wright, Jno. C. Greenwell & William Brown – Defts
Assumpsit
Now at this day comes the parties by their attorneys and the
plaintiff by her attorney files herein their motion for a new trial,
which motion being seen, heard and fully understood by the Court is
by the Court overruled Whereupon the said plaintiff by her tenders
to the Court here her bill of Exceptions which is signed sealed and
enroled, and ordered to be made a part of the record in this cause –
which is according by law.
Page 202:
April Term A.D. 1847
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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