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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1850
Page 236:
April Term AD 1850
At a Circuit Court Commenced at the Courthouse in the Town of
Osceola in St. Clair County in the State of Missouri on Monday the
29th day of April A.D. 1850 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Zachariah Lilley Shff
The Sheriff of the County 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 persons Towit – Harry C. Douglass foreman, Isaac Culbertson,
William Whitley, Moses Preston, John Thompson, Wiley B. Myers,
William L. King, Joseph S. Herndon, Simeon C. Bruce, Joseph
Culbertson, Mordica M. Hausbraugh, Stinsen S. Sterns, William
Dudley, Joshua Dallas, Hugh E. Weir, Matthew Boswell and John W.
Ritchey 17 good and lawful men, who having received their charge
retired to Consider of their presentments.
J.M. Bush – plff
vs
Wiley B. Myers – Deft
On Motion of plff this Cause is ordered to be dismissed at his
Costs.
Joseph Coulthard – plff
vs
George W. Short – Deft
Case on words
On, Motion of the Plaintiff this Cause is Ordered to be dismissed at
the plaintiffs costs.
George Reese adm’r of the estate of Sam’l P. Wood decd
vs
James Kenedy
Appeal
Now at this day Comes the plff by his Attorney And Suggests to the
court here the death of the defendant whereupon this cause is
ordered to be Continued untill the next term of this Court.
Page 237:
April Term A.D. 1850
William I. Mays admr of the Estate of Chas Beale dec’d
vs
Elkennah Cain, Chas P. Bullock and Robt P. Cocke
Appeal
Now at this day Comes the plaintiff by his attorney And the
Defendants though Solemnly Called Comes not but Makes default
therefore the Said action of the said plaintiffs against the said
defendants remain undefended And whereas it is Suggested and
Manifestly appears to the Court that the said plaintiffs ought to
recover against the said defendants the sum of Eleven Dollars and
Sixty five Cents for his debt – Therefore it is Considered by the
Court that the said Plaintiff recover against Said defendants the
aforesaid sum of $11.65 cents So assessed as aforesaid together with
his costs and Charges in this behalf expended and that he have
thereof his writ of Execution.
Wm. J. Mays admr of the estate of Charles Beale deceased
vs
Warwick Gatewood, Robert K. Beale, Andrew Judge & others
On Motion of the Complainant by his Attorney it is Ordered that this
Cause be dismissed at the Costs of said estate.
Be it remembered that on this day Personally appeared William H.
McCullock and tenders to the Court here a deed of Emancipation of a
Certain negro man Slave for life named Moses, and the said William
H. McCullock being personally Known to the Court to be the real
person whose name is Subscribed to Said deed as having executed the
same acknowledges the same to be his act and deed for the purposes
and upon the conditions therein mentioned.
Be it remembered that on this day Personally appeared Roderick D.
McCullock, and tenders to the court here a deed of Emancipation of a
certain negro man Slave for life, named Jacob, and the said Roderick
D. McCullock, being personally Known to the court to be the real
person whose name is subscribed to Said deed as having executed the
same, acknowledged the Same to be his act and deed for the purposes
and upon the conditions therein mentioned.
Page 238:
April Term AD 1850
Ira Ledbetter – plff
vs
Jacob A. Browning – Deft
Now at this day Comes the parties by their attorneys And the Motion
to strike out part of the defendants Answer filed at last term being
fully seen heard and understood by the Court is by the Court
Overruled – Whereupon both parties being ready for trial comes a
Jury To Wit: William Snell, Madison Douglass, John Bunch, James
Addington, Hugh Hall, George R. Cowan, John M. Boyd, John M. Elkin,
Robert F. Gardner, Joseph Rodgers, Samuel T. Weir and Harlen Hays 12
good and lawful Men elected tried and Sworn well and truly to try
the issue in this cause Joined after hearing the evidence and
argument of Counsel returned here into court the following verdict
“We the Jury find for the plaintiff the Sum of One Hundred and
Eighty Three Dollars and twelve cents.” Therefore it is considered
by the court that the Said plaintiff recover of the Said Defendant
the Sum of $183.12 cts So assessed by the Jury as aforesaid together
with his Costs and Charges in this behalf expended and that he have
thereof his writ of Execution.
[written in left hand margin:] I Ira Ledbetter plaintiff in this
case acknowledge full satisfaction of this Judgment this 14th day of
October 1850. Ira Ledbetter. Att. James W. Beck Clerk.
The grand Jury returned here into Court a true bill against Elijah
Gates for an assault with intent to Kill and Having no further
business before them were by the Court discharged.
State of Missouri
vs
Elijah Gates
Indc’t for an assault with intent to Kill
It is ordered by the court that a capias writ issue against the said
defendant directed to the Sheriff of St. Clair County, And the said
Elijah Gates being brought into Court upon the capias in this cause
issued moves the court for a continuance of this cause untill the
next term of this court, and for good Cause this cause is ordered to
be continued – whereupon the Said defendant offers to the Court here
Joshua Gates and Daniel Perrin as his bail who are by the court
adjudged good And Sufficient – Whereupon the said Elijah Gates as
principle and the said Joshua Gates and Daniel Perrin acknowledged
themselves to owe and stand fully indebted to the State of Missouri
in the Just and full Sum of Four Hundred Dollars
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April Term AD 1850
Jointly and Severally to be levied of their respective goods and
Chattles lands and tenements – To be Void However if the Said Elijah
Gates shall make his personal appearance on the first day of the
next term of this Court and answer a Certain indictment with which
he stands charged for an assault with intent to Kill and not depart
the Court without leave then this obligation to be void.
John Derrick
vs
Mary Derrick
Petition for divorce
On Motion of plaintiffs attorney it is ordered that this cause be
Continued untill the next term of this Court.
State of Missouri
vs
Elkennak Cain
Indc’t for dram shop Keeping
Now at this day Comes the Circuit attorney and Says he will not
further prosecute this Indictment therefore it is Considered by the
court that this Cause be dismissed and that the defendant go without
day and the Said defendant agrees to pay Clerk and Sheriffs costs
which is accepted by them.
State of Missouri
vs
Elkennah Cain
Same
Same as above.
State of Missouri
vs
Elkennah Cain
Same
Same as above.
State of Missouri
vs
Elkennah Cain
Same
Same as above.
Ordered that Court adjourn untill Tomorrow morning 8 Oclock. F.P.
Wright
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April Term A.D. 1850
Tuesday Morning 8 Oclock
Court Met Pursuant to adjournment
Present as on Yesterday
Elisha H. Bell adm’r of the Estate of Nathaniel Bell dec’d – plff
vs
Robert K. Beale – Deft
Attachment
Now at this day Comes the parties by their attorneys and the
defendant by his attorney files herein his plea of abatement – which
is by the parties Submitted to the Court – Whereupon the Court being
fully advised of And Concerning the premises do find for the
plaintiff – Whereupon the plaintiff by his attorney files herein his
Statement, allegations and interogatories, as to George Beale and
Richard Smith and the County of Bates files herein her interpleader
and issues taken upon said answers and interpleader and all the
parties being Ready for trial this cause is Submitted to the Court.
Whereupon the Court doth find that the Said County of Bates is
indebted to the Said Notes Mentioned in the answer of George Beale
for the amount due said County by Said Defendant Robert K. Beale,
And as a part Of Said Notes are not yet due, and it is not Known to
the Court what amount will remain in the hands of Said Smith after
paying the demand due the said County of Bates It is therefore
ordered that this Cause as reguards said interpleader stand over for
further order of this court – And it also appearing to the Court by
the answer of Richard Smith that said Smith has in his hands notes
amounting to about [space] Dollars out of which he is to pay the
County of Bates and because it is unknown what amount will remain
after the payment of Said County of Bates, It is ordered that
further action on Said answer stand over untill further order of
this Court – And whereas the Said defendant Robert K. Beale having
appeared by his attorney and filed herein his plea in abatement, And
the issue on Said plea being submitted to the Court and found for
the plaintiff, And the Said
Page 241:
April Term A.D. 1850
Defendant Beale failing to file his answer in this Cause whereupon
the Said action of the Said plaintiff remains further undefended and
this Cause being founded on notes whereby it appears to the Court
there is due and owing the said plaintiffs by said Defendant the Sum
of Three Hundred and forty one Dollars and ninety four cents for
debt and interest It is therefore Considered by the Court that the
Said plaintiff have and recover of the said Defendant the sum of
$341.94 so found as aforesaid together with his costs and charges in
this behalf laid out and Expended and that he have thereof his writ
of Execution.
Upon the petition of James Renfrow to erect a Mill dam
Now at this day comes James Renfrow and files herein his petition
for leave to Erect a mill dam in a creek in St. Clair County known
by the name of “Big Weblew” at a point on said creek upon the North
East quarter of the North west quarter of Section No. 27 in Township
No. 37 in Range No. 24 immediately above a tract of land owned by
the heirs of James Clardy deceased and near a place known as panther
rough and said petitioner proposes to Erect a dam of the altitude of
six feet and to attach a grist and Saw mill thereto Where upon it is
ordered by the court that a writ of ad quad dannium be issued under
the seal of this court directed to the Sheriff of St. Clair County
commanding him to Summon Twelve fit persons of his county to meet at
the place where it is proposed to erect said dam on the first day of
June next Then and there to inquire by said Jury touching the
matters contained in the petition and this Cause is ordered to be
continued untill the next term of this court.
Alfred Wallace & Oneicimus Evans
vs
James Wilson & others
Execution & garnishment
Now at this day comes the parties by their attorneys And on motion
of the defendants by their Attorney this cause is ordered to be
continued until the next Term of this court at Their costs and upon
their further motion leave is given to withdraw the answer of the
garnish in this cause filed and leave is given them to file their
amended answer sixty days before the next term of this court.
Page 242:
April Term AD 1850
Pleasant M. Cox & Zachariah Lilley – plffs
vs
William C. Douglass – Deft
Appeal
Now at this day Comes the parties by their attorneys and it being
Suggested to the Court that Zachariah Lilley one of the plaintiffs
in this Cause is Sheriff of St. Clair County It is ordered that
Henry Pollard be appointed Elizor who accepts Said office, and both
parties being Ready for trial Comes a Jury To Wit, Saml T. Weir, Wm.
Scoby, Robert H. Sprowl, Lewis Reese, Elisha H. Bell, and Lewis
Fourenier Six good and lawful men agreed upon by the parties as a
sufficient Jury 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
plaintiffs the sum of Twenty Two Dollars and sixty seven cents.”
Therefore it is Considered by the Court that the Said Plaintiffs
recover against the Said Defendants the Sum of Twenty Two Dollars
and Sixty Seven Cents so assessed as aforesaid together with their
Costs in this behalf Expended and that they have thereof their writ
of Execution.
State of Missouri
vs
Samuel P. Hodges
Indictment for Gaming
Now at this day comes the circuit Attorney who prosecutes for the
State of Missouri as well as the said defendant in his own proper
person and for his plea says he is guilty in manner and form as
charged in said Indictment and for his trial puts himself upon the
mercy of the court whereupon the court doth find that the defendant
is guilty in manner and form as charged against him and do assess a
fine of $10.00 Therefore it is considered by the court that the said
plaintiff Recover against the Said defendant the Sum of Ten dollars
So 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
Samuel P. Hodges – Deft
Indc’t for Gaming
Now at this day Comes the circuit attorney who prosecutes for the
State of Missouri as well as the said defendant in his own proper
person and for his plea
Page 243:
April Term A.D. 1850
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 said Defendant guilty
and do assess a fine of Ten Dollars – Therefore it is Considered by
the court that the plaintiff recover against the said Defendant the
sum of Ten Dollars so assessed as aforesaid together with her costs
and charges in this behalf expended and that She have thereof her
writ of Execution.
It is ordered by the Court that all answers to Causes and returns
pending in this Court be filed by Two Oclock Today.
R.H.N. Saunders – plff
vs
Wm. H. Small – Deft
Appeal
Now at this day come the parties by their attorneys and on Motion of
the Defendant and for good cause Shown to this court this Cause is
ordered to be continued untill the next term of this Court at the
said Defendants Costs.
Ebenezor Gash – plff
vs
Alfred S. Gash & others – Deft
Bill in Chancery
Now at this day comes the parties by their Attorneys And upon their
Motion this cause is ordered to be Continued untill the next term of
this Court.
Henry Whitlow And others
vs
Anthony Ousley and others
Now at this day comes the plaintiffs by their attorney and upon
their motion who shows to the court sufficient notice of the Order
of publicated as to Edmund Sams, Thomas Foster and Orry Foster, John
Roberts & Rebecca Roberts, Anson B. Sams, Larkin Sams, Mitchell A.
Sams, Marada Felmot & [space] Felmot and Caroline Motes & [space]
Motes And Service of Summons as to Nancy Gentry by her written
acknowledgement It is ordered that Alias writs do issue as To Joseph
Sams, Zephereiah Sams, Burdett Sams Smith, Orry Smith, H. Lucas, M.
Lucas, R. Lear, E. Lear And Wm. Culbertson – E.C. Davis attorney for
Anthony Ousley and Elizabeth Ousley makes their voluntary appearance
and this cause is ordered to be continued untill the next term.
Page 244:
April Term AD 1850
Elisha H. Bell
vs
George P. Beale guardian of Louisa V. Beale, Robert K. Beale and
Caroline M. Beale, Wesley Roup and Pamelia A. Roup, George P. Beale
and Sarah C. Beale – Defts
Petition for partition
Now at this day comes the parties by their attorneys and the
commissioners Joseph Montgomery, Joshua Dallas and Moses Preston
appointed by order of the court to make partition of the real Estate
in Said petition mentioned returns into Court here the following
report which is in the words and figures following. To wit:
[Drawing on left side of page]
We The undersigned commissioners according to order met upon the
lands of Nathaniel Bell dec’d late of the County of St. Clair and
State of Missouri and made partition of the said lands among the
heirs of the said Bell dec’d as shown on the above Diagram to wit:
The north west fractional quarter west of Sac River mark’d A1 of
Section 24 containing 65 acre bounded by the lines of the original
Survey Also a lot of 16 acres in the south East corner of the South
East quarter of Section 14 Say 14 Chains North and south and 12
chains East & West marked A2 and the North East fractional quarter
East of Sac River of Section 23 marked A3 on plat which constitutes
one portion and allotted to Robert K. Beale and Caroline Beale his
wife B1 Being the South half of the S.W. fractional quarter west of
Sac River of Section 13 containing 72 acres bounded by the
Subdivision lines also the E ½ of NW fractional quarter W of Sac
River of Section 26 containing 25 acres which together constitutes
one other division and allotted to Elisha H. Bell. The N half of the
SW fractional quarter west of Sac River of Section 15 containing 72
acres and bounded by the lines of the legal subdivision also the
west half of the NW fractional quarter west of Sac of Section 26
containing 25 acres bounded by the original lines which together
contain The Third division and allotted to Westly Rupe and Parmelia
Ann Rupe his wife The balance of the SE quarter of Section 14 after
deducting 16 acres allotted as A2 leaving 144 acres The East half of
which is marked D1 and contains 72 acres also, The East half of The
East half of the NE fractional
Page 245:
April Term AD 1850
Quarter west of Sac of Section 23 marked D2 containing 26 acres
bounded on the N & E by the Section lines and also the N half of the
N half of the SE fractional quarter W of Sac of Section 23 and
marked D3 containing 19 acres bounded on the N by The River E & N by
the quarter section lines which together constitutes the fourth
division and allotted to George P. Beale & Sarah C. Beale his wife.
The W half of the balance of the SE quarter of Sect. 14 marked E1
containing 72 acres and the W half of the East half of the NE
fractional quarter west of Sac of Section 23 containing 26 acres and
marked E2 bounded E by the Section line west by the River also the
South half of the S ½ of the SW fractional quarter west of Sac of
Section 23 marked E3 and contains 19 acres which together
constitutes The fifth division and allotted to Lousa V. Bell.
And in addition to the foregoing we also allot Lot No. 2 in Block
No. 26 in Seda Mo, to Wesly Roup & Pamelia A. Roup, his wife, in the
3rd division also Lot No. 10 in Block No. 31 in the Town of Osceola
to R.H. Beale & Caroline M. Beale, his wife, All of which is
respectfully Submitted this 29th of April 1850.
Joseph Montgomery
Joshua Dallas
Moses Preston
Commissioners
Commissioners fees
Joshua Dallas 4 days at 150 cents per day – 6.20
Moses Preston 4 days at 150 cents per day – 6.20
Judge Montgomery makes no charge
Total 12.40
State of Missouri,
County of St. Clair
The undersigned appointed by the Judge of St. Clair circuit court as
commissioners to make partition of the lands belonging to the Estate
of Nathaniel Bell among the heirs of said, estate swear that they
will honestly and impartially execute the trust reposed in them.
Given under our hands the 29th day of April 1850.
Joseph Montgomery
Moses Preston
Joshua Dallas
Subscribed & sworn to before the undersigned Justice of the peace
this 29th day of April 1850.
Wm. J. Mays JP
Justice of the peace in and for St. Clair County Mo.
State of Missouri
County of St. Clair
This day personally appeared before the undersigned Justice of the
peace Joseph Montgomery, Joshua Dallas and Moses Preston who are
personally known to the said Justice as having executed The within
instrument of writing and report nad acknowledged
Page 246:
April Term AD 1850
That they executed the same for the purposes therein contained.
Given under my hand this 29th day of April AD 1850.
Wm. J. May JP
in and for St. Clair County Mo.
Whereupon there being no objection to said report or good cause
Shown to Set aside the report, Said report is by the Court
Confirmed, And it is adjudged and Considered by the court that the
partition of the lands in said report mentioned shall be firm and
effectual between the parties forever and it is further considered
by the court that the necessary Costs and Expenses attending this
partition with a fee of Thirty Dollars assessed by the court as
attorneys fee to Waldo P. Johnson be equally taxed against all the
parties interested in this partition.
Samuel W. Harris – plff
vs
William H. McCullock – Deft
Debt
Now at this day Comes the Plaintiff by his attorney and the
Defendant though Solemnly Called Comes not but Makes default and
there being no answer to the plffs action Whereby the Said action
remains against the said Defendant undefended wherefore the said
plaintiff ought to recover against the said defendant has debt on
occasion of the premises And because it is proved and manifestly
appears to the court here that the said plaintiff ought to recover
against the said defendant the Sum of Two Hundred and sixty one
Dollars and twenty cents for his debt and interest Therefore it is
Considered by the Court that the Plaintiff recover against the
Defendant the sum of $261.20 cents So found by the Court as
aforesaid together with his costs and Charges in this behalf
Expended and that he have thereof his writ of Execution.
Philips Crow & Henry W. Crow
vs
Louisa V. Crutchfield
Bill for partition
On Motion to Correct Sheriffs due to Pleasant M. Cox
Now at this day Comes Pleasant M. Cox and Suggests to the Court here
that the order of this court made at the September term AD 1844 upon
John L. Trabern then Sheriff of St. Clair County has not been
complied
Page 247:
April Term AD 1850
with Whereupon it is ordered by the Court that Zachariah Lilley
sheriff of St. Clair County make the Correction in Said deed So
ordered as aforesaid at the September Term AD 1844 and the
Correction when made is ordered to be made upon the record of said
deed by this Clerk of the Court.
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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