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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1849
Page 220:
April Term AD 1849
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County Missouri on Monday the 23rd day of
April AD 1849 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock – Clerk
Zachariah Lilley – Sheriff
The Sheriff of the County of St. Clair returned here into Court the
Venira for a grand inquest for the state of Missouri for the body of
St. Clair County – the following named persons Householders of St.
Clair county were sworn a grand Inquest Towit Harry C. Douglass
foreman 2 James M. Breckenridge 3 Robert F. Gardner, 4 George W.
McFarland, 5th Thomas Lessley, 6 William Whitley, 7 Isaac
Culbertson, 8. William Pickering, 9. Enoch Lester 10 Wm. S. King –
11 Simeon C. Bruce, 12 Reubin Robertson, 13 Levi Gover, 14th Bennett
Pitt 15 William B. Moore & 16 William Paxton, who having received
their charge retired to Consider of their presentments.
State of Missouri – plff
vs
William E. Marlow – Deft
Indictment for disturbing a religious Congregation
Now at this day Comes the Defendant William E. Marlow the defendant
as well as the Circuit Attorney who prosecutes for the state of
Missouri And the said Defendant Says he is guilty in Manner And form
as is charged against him in the said Indictment And throws himself
upon the mercy of the Court, Whereupon the court doth find that the
said Defendant is guilty in manner and form as charged against him
in said Indictment And doth assess the fine at Two Dollars And fifty
cents – Therefore it is considered by the Court that the Said
plaintiff recover of the said Defendant the sum of Two Dollars and
fifty cents so assessed as aforesaid together with her costs and
charges in this behalf Expended and that she have thereof her writ
of Execution.
State of Missouri – plff
vs
William McDaniel – Deft
Indc’t for assault with intent to Kill
Now at this day comes the said William McDaniel in his own proper
person as well as the Circuit Attorney who prosecutes for the state
of Missouri, And the said defendant for
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April Term AD 1849
his plea in this behalf says he is not guilty in manner and form as
is charged against him in this indictment and for his trial puts
himself upon the country, and both parties being ready for trial
comes a Jury Towit – Joseph Burk, William Snell, James Addington,
James Casey, James Hampton, William T. Smarr, Harvey White, William
Elkin, Eldrid Daniel, John Snell, James Preston and Hiram Short 12
good and lawful men elected tried and sworn well and truly to try
the issue in this cause Joined who having heard the evidence and
argument of counsel upon their oaths so say “We the Jury find the
defendant guilty in manner and form as he stands charged in said
indictment but that we cannot agree as to the punishment” Whereupon
the court doth assess and declare the punishment to be that the said
defendant pay a fine of Five Hundred dollars, and the said defendant
being so convicted and found guilty of an assault with intent to
Kill, he is by the Court sentenced to pay said fine of Five Hundred
dollars. It is therefore considered ordered by the court that the
state of Missouri have and recover of the Said William McDaniel the
said sum of Five Hundred Dollars the fine assessed as aforesaid
together with the Costs in this behalf laid out and expended and
that she have thereof her writ of Execution. Whereupon the said
defendant is by the court ordered into the custody of the sheriff
untill said fine and costs are paid or he is otherwise discharged by
due Course of law.
Alfred Wallace & Omicimus Evans – Plffs
vs
James Wilson, Saml H. Woodson & Zacery Smith – Defts
Execution & garnishment
Now at this day comes the plaintiffs by their attorney And by leave
of the Court files herein their bill of Interogatories.
Ebenezer Gash
Vs
Alfred Gash admr of Wm. Gash decd and others heirs and distributors
of sd decd
Now at this day comes the plff by his attorney and Suggests to the
Court here that William Gash, James Gash and Elizabeth Gash are
infants And have no guardians assigned them And upon motion of said
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April Term AD 1849
plaintiff the Court doth order t hat Edward C. Dane be Appointed
Guardian Ad litem for said infant defendants.
Ordered that Court adjourn untill Tomorrow Morn’g 9 Oclock. F.P.
Wright
Tuesday Morning 9 Oclock Court met pursuant to adjournment.
Present as on yesterday
John C. Wyatt – Plff
vs
William Welch – Defendant
Petition on Debt
Now at this day Comes the Defendant by his attorney and by leave of
the Court files herein his plea of general Issue to the said plffs
declaration.
Charles P. Bullock
vs
William McDaniel
Execution on Transcript from Justices Court
Now at this day Comes Charles P. Bullock the plaintiff in this Cause
And moves the court for leave that the former Sheriff John L.
Trabern be permitted to amend his return upon said writ and to him
leave is given which amendment being made by the said John L.
Trabern, whereupon the said John L. Trabern former Sheriff of St.
Clair County Aforesaid tenders to the Court here a deed by him
executed to the said Chas. P. Bullock for the SE qr of NW qr Section
27 – SW fl qr of section 27 N of Sac River SE fl qr of Section 28 S
of Sac River NE fl qr of Section 27 N of Sac River All in Township
37 and Range 26 in St. Clair County – who is Known to the 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.
State of Missouri
vs
Elkennah Cain
Indc’t for Keeping open Dram Shop on Sunday
Now at this Day comes the said defendant by his Attorney as well as
the Circuit attorney who prosecutes for the State of Missouri And
the Said
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April Term AD 1849
Defendant for his plea says he is not guilty in manner and form as
in the said Indictment is charged against him, And both parties
being ready for trial Comes a Jury To Wit William A. Bagby, James
Beale, Josiah Culbertson, William Culbertson, Harvey White, Henry T.
Small, Columbus C. Corbin & Elisha H. Bell 8 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 the Defendant
guilty as charged in the indictment and do assess the fine to Two
Dollars.” Therefore it is considered by the court that the said
plaintiff recover against the said Defendant the aforesaid sum of
Two 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 – plff
vs
Daniel B. McDonald – Deft
Indc’t for disturbing religious congregation
Now at this day Comes the parties by their attorneys and the
plaintiff by her attorney files herein her motion to suppress the
depositions in this Cause filed by the said Defendant which motion
being seen heard and fully understood by the Court is by the court
Sustained – Whereupon both parties being ready for trial Comes a
Jury Towit Greenberry Culbertson, Stenson S. Sterns, William
Barnett, James Dudley, Aquilla Frisbee, Alfred S. Gash, William
Culbertson, and Garner Phillips 8 good and lawful men Agreed upon by
the parties Elected and sworn well and truly to try the issue in
this cause Joined upon their Oath returned into Court here the
following Verdict “We the Jury find the defendant not guilty”
Therefore it is considered by the court that the said Defendant from
his recognizance be discharged and that he go hence thereof without
day.
Elizabeth Y. Sims
vs
Robert G. Crockett
vs
Lewis R. Ashworth
Appeal
Now at this day comes the said plaintiff by his attorney And upon
his motion this cause is ordered to be dismissed – Therefore it is
considered by the court that the Said Defendant recover of the Said
plaintiff his Costs And Charges in this behalf expended and that he
have thereof his writ of Execution – and upon motion of sd plff he
has leave to withdraw the note sued upon.
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April Term AD 1849
Pleasant M. Cox & Zachariah Lilley
vs
William C. Douglass
Appeal
upon Suggestion to the court that Zachariah Lilley one of the
Defendants in this cause is the Sheriff of St. Clair County – It is
Therefore ordered that Henry Pollard be appointed Elez’er in this
cause.
The Grand Jury returned here into court a true bill against [space]
and having no further business before them are by the court
discharged – and it is ordered that Capias writs issue against the
Said defendants directed to the Sheriff of St. Clair County
returnable to the next term of this Court untill which time said
Causes are ordered to be continued.
State of Missouri
vs
William Culbertson
Indictment for Trespass on 16th Section Township 31 Range 25
Now at this day Comes the said William Culbertson in his own proper
person as well as the Said Circuit attorney who prosecutes for the
state of Missouri, And the said William Culbertson Says he is guilty
in manner and form as in said indictment is Charged against him and
for his trial puts himself upon the Mercy of the court – Whereupon
the court doth find the sd deft guilty & assess the fine of One
Dollar – Therefore it is considered by the court that the said
plaintiff recover against the said defendant the sum of One Dollar
for his fine So assessed as aforesaid together with the Costs and
Charges in this behalf laid out and Expended And that Execution
issue therefor.
Ordered that Court adjourn untill Tomorrow morning 9 O clock. F.P.
Wright
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April Term AD 1849
Wednesday Morning 9 Oclock – Court met pursuant to adjournment.
Present as on Yesterday.
Alfred Wallace and Omicimus Evans
Vs
James N. Wilson, Samuel H. Woodson & Jabez Smith
Execution & garnishment
Now at this day again comes the plaintiffs by their attorney and the
said Samuel H. Woodson and Jabez Smith being Solemnly Called Comes
not but makes default whereupon the said action of the said
plaintiffs against the said Defendants Samuel H. Woodson and Jabez
Smith upon the garnishment aforesaid remains undefended and whereas
the said plaintiffs ought to recover of the said Defendants Saml H.
Woodson and Jabez Smith their Debt and Damages on occasion of the
premises, It is therefore Considered by the court that the said
plaintiffs recover of the said Defendants Woodson & Smith their debt
and Damages. And the court Doth order that a writ of inquiry issue
in this Cause returnable to the next term of this court untill which
time this cause is ordered to be continued.
Wm. J. Mays Adm’r of Chas. [nothing else is written]
Julian Cosall – Plff
vs
Wm. Waldo – Deft
Petition in Debt
Now at this day Comes the parties by their Attorneys, and the
defendant by his Attorney moves the Court to withdraw his plea of
garnishment in this Cause filed and to him leave is given whereupon
the action of the said Plaintiff against the said defendant remains
undefended, and where as it manifestly appears to the Court here
that the said Plaintiff ought to recover against said defendant the
sum of Five Hundred Dollars, and Thirty Dollars and 57 Cents for his
debt also the sum of Seven dollars for his damages and Six Cents by
way of Interest. Therefore it is Considered by the Court that the
said plaintiff recover against the Said Deft the aforesaid sum of
Five hundred thirty Dollars & 57 c for his debt and Seven Dollars &
Six Cents for his damages together with his Costs and Charges in
this behalf laid out and expended and that he have thereof his writ
of Execution.
Pleasant M. Cox & Zachariah Lilley – Plaintiff
vs
Wm. C. Douglass – Defendant
Appeal
Now at this day Comes the parties by their attorneys
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April Term AD 1849
and on motion of the defendant by his attorney and by Consent of the
Plaintiff this Cause is Ordered to be Continued untill the next Term
of this Court at the Defendants Costs.
State of Missouri
Vs
Wm. McDaniel
Indc’t for an Assault with intent to Kill and Conviction Thereon.
Now at this Comes Again the Said Wm. McDaniel in his Own proper
person who was during this Term of the Court and on Monday last
Convicted with an Assault with intent to Kill one John Loyd and
Sentenced to pay a fine of Five hundred dollars, and files here in
Court his petition praying the Court to Commute said fine to
imprisonment in lieu of said fine, Whereupon the Court upon due
Consideration thereon had, doth sentence the said Wm. McDaniel and
he is by the Court sentenced to imprisonment in the County Jail for
the Term of Fifteen days which Term of imprisonment is to be
considered as Commenced on Monday last the day on which said def’t
was rendered in Custody of the Sheriff, on the account of the non
payment of said fine and the Clerk of the Court is directed to
Certify a Coppy of this Order to the Sheriff of St. Clair County to
be by him Carryed into effect.
State of Missouri
Vs
Elcanah Cain, Spencer Corbin, David S. Corbin, James Corbin, Dabney
Dade, Wm. Gash, James McMin, Burtrand Weidemeyer, Henry Boatman,
Samuel P. Hodges, E.B. Bunch, James Barr and William Anderson.
Indictment for disturbing the peace of a Family in the night time
Now at this day Comes William Gash and James McMin Two of the
defendants in their own proper persons as well as the Circuit
Attorney who prosecutes for the State of Missouri, and the said
defendants Wm. Gash and Jas. McMin for their plea in this behalf say
they are guilty in manner and form as charged against them in Said
Indictment and for their trial throw themselves upon the Mercy of
the Court whereupon the Court do find that said defendants are
guilty in manner and form as Charged against them in said
Indictment, and the Court doth assess a fine of One Dollar each
therefore it is Considered of the Court that said Plaintiff recover
against said defendants
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April Term AD 1849
Wm. Gash and James McMin the sum of One dollar each so assessed by
the Court as aforesaid together with the costs and charges in this
behalf expended and that she have her writs of Execution.
State of Missouri – Plaintiff
vs
Robert Hester – Defendant
Indc’t for Selling Stray Cow
Now at this day comes Robert Hester the defendant in his own proper
person as well as the Circuit Attorney who prosecutes for the state
of Missouri, and the said defendant Robert Hester for his plea in
this behalf, says he is guilty in manner and form as charged against
him in said Indc’t and for his trial throws himself upon the mercy
of the Court whereupon the court do find that said defendant is
guilty in manner and form as charged against him in said Indc’t and
the Court doth assess a fine of Eight dollars therefore it is
considered by the Court that the said plaintiff recover against said
defendant Robert Hester the sum of Eight dollars so assessed by the
Court as aforesaid together with the Costs and Charges in this
behalf expended and that she have her writ of Execution.
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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