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St. Clair County Circuit Court
Microfilm Transcripts
April Term 1852
Page 309:
April Term AD 1852
At a circuit court commenced and held at the court house in the Town
of Osceola on Monday the 26th day of April AD 1852.
Present Hon. W.P. Johnson Cir Judge
James W. Beck Clerk
George Preston Sheriff
Burr H. Emerson cir atty
The Sheriff of St. Clair county returns here into court the venire
facias Together with the panel of Grand Jurors Summoned by virtue
thereof from which was Sworn the following Persons To wit: Hugh
Barnett Foreman, Jacob Coonce, Robert G. Crockett, Reuben S. Nance,
Jesse Ridgeway, William Dudley, Thomas N. Henley, Simeon C. Bruce,
Uriah L. Sutherland, Francis Yoast, Richard Smith, Oscar F. Keller,
Frederick Smith, Richard Garrison, John G. Howard, fifteen good and
Lawful men who having received their charge retired to consider of
their Presentments.
It is ordered by the court that George W. Hopkins and James Ditty be
excused for non attendance as Grand Jurors The court having
satisfactory information that they have good and sufficient Excuses
for such non attendance. Thomas Copenhaver and Ephraim Rippetoe
being summoned as Grand Jurors appears in court & were sworn to
complete the Pannel.
Page 310:
April Term AD 1852
Ordered that Enoch Lester be require to show cause if any he have
for his non attendance as a Grand Juror at this court.
Now at this day comes Enoch Lester and produces to the court here
satisfactory Evidence of a good and satisfactory Excuse for non
attendance at this court as a grand Juror whereupon It is ordered by
the court that he be Excused therefor.
The State of Missouri – Pltff
vs
Napoleon B. Hill – Defd’t
Indictment for disturbing a congregation met for religious worship
Now at this day comes the Said Napoleon B. Hill in his own proper
Person as well as the said circuit attorney who prosecutes for the
State of Missouri And the said Napoleon B. Hill 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 said defendant guilty and doth assess
a 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 by the court as aforesaid together
with her costs and charges in this behalf Laid out and Expended and
that Execution issue therefor.
The State of Missouri – Pltff
vs
Zachariah Burris – Defd’t
Indictment for felonious Assault
Now at this day comes the said Zachariah Burris in his own proper
person as well as the circuit attorney who prosecutes for the State
of Missouri And the said Defendant for his Plea in this behalf says
he is not guilty in manner and form as is charged against him in
said indictment and for his trial Puts himself upon the country And
both Parties being ready for trial It is ordered by the court that
the Sheriff of St. Clair county Summon a Jury to try said cause And
It is further ordered by the court that said cause be continued
until tomorrow morning.
Page 311:
April Term AD 1852
Daniel R. Jones – Pltff
vs
Wylie B. Myers – Defd’t
Civil action
Now at this day comes the Said Defendant by his attorney and by
Leave of the court files herein his Motion to dismiss said suit.
Ordered that court adjourn until tomorrow Morning 8 oclock. W.P.
Johnson Cir Judge
Tuesday morning 8 oclock court met pursuant to adjournment. Present
as on yesterday.
The State of Missouri – Pltff
vs
Zachariah Burriss – Defd’t
Indictment for felonious assault
Now at this day comes again the Parties And Thereupon comes A Jury
To wit: Jesse Looney, Stinson S. Stearns, Harvey White, Thomas
Copenhaver, George W. Talley, William Commans, Abraham Cole, Samuel
T. Weir, Lewis Fournier, Robert H. Sproull, Randolph Whitley & Hugh
B. Cole. Twelve good and Lawful men Elected and sworn well and truly
to try the issue in this cause Joined who after hearing the evidence
returns into court here the following verdict. “We the Jury find the
said Zachariah Burris 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.
Henry T. Small – Pltff
vs
Samuel P. Hedges & Thomas J. Smith – Defts
Appeal
Now at this day comes the parties by their attornies and both
parties being ready for trial comes a Jury To wit Jesse Looney,
Enoch Lester, John W. Ritchey, Fountain Delozier, John D. Simms,
A.C. Douglass, Thomas Copenhaver, Wm. C. Douglass, Anthony N.
Hester, Benjamin W. Smithson, Hugh B. Cole, and John Mullins Twelve
good and Lawful men Elected and Sworn to try the Matter at issue in
this Cause Joined who after hearing the evidence and having been out
a reasonable time returns into court and
Page 312:
April Term AD 1852
Reports to the court here that they cannot agree on a verdict in
this Cause And the Court being satisfied that said Jury cannot Agree
upon a verdict in this cause It is Therefore ordered by the court
that the said Jury be discharged And this cause I ordered to be
continued until the next term of this court.
L.S. Rogers – Pltff
vs
Robert H. Sproull – Deft
Civil action
Now at this day comes the Parties by their attorneys and the
Plaintiff by his attorney moves the court here to grant him Leave to
amend his petition in this cause and to make new Parties to this
suit And to him Leave is granted and by agreement of the Parties by
their attorneys Said amended Petition Is by the court ordered to be
filed on or before the first day of the next Term of this court
until which time this cause is ordered to be continued.
Susan Reaves – Pltff
vs
S.B. Stone – Defd’t
Appeal
Now at this day comes the Parties by their Attornies and the
Defendant by his attorney files herein his affidavit as the Law
requires And moves the court here for a continuance of the cause
which being seen and heard by the Court It is considered that this
cause be continued until the next term of this Court at the cost of
the defendant. It is therefore considered that the said plaintiff
recover of the said defendant his costs and charges expended herein
at this term of this court.
Edward Mitchell
against
James Renfrow
Appeal from J.P.
Now at this day come the parties by their attorneys and both parties
being ready for a trial herein and neither party requiring a Jury
the cause is Submitted to the Court and the evidence being heard is
by the court taken under advisement until tomorrow morning.
Ordered that Court do now adjourn until tomorrow morning at Seven
oclock. W.P. Johnson Cir Judge
Page 313:
April Term AD 1852
Wednesday morning 7 oclock court met Pursuant to adjournment Present
as on yesterday.
Edward Mitchell – Pltff
against
James Renfrow – Defdt
Appeal from JP
Now at this day comes again the Parties by their attorneys And the
court having had this cause under advisement upon mature
deliberation thereon doth find that Said Plaintiff is Justly
entitled to the sum of Twenty three dollars against Said Defendant
for his damages It is therefore considered by the court that the
Said Plaintiff recover against the said Defendant and to this
Courthouse & came J. Weir his securities in his appeal bond the Sum
of $23.00 for his damages so found by the court as aforesaid
Together with his costs and charges by him Laid out and Expended and
that Execution Issue therefor.
James M. Breckenridge and others
Exparte
Petition for Partition of Land
Now at this day comes the said Petitioner James M. Breckenridge and
Mary Ann his wife formerly Mary Ann Burch, James L. Bacon and Lydia
Jane his wife, formerly Lydia Jane Burch, Alfred Burch and Benjamin
F. Burch, Miranda Burch, Caesar R. Burch and Olivia H.P. Burch by
their Guardian James M. Breckenridge heirs and divisees of Robert N.
Burch deceased by their attorney and files herein their Petition
Praying that an order may be made for Partition of the real Estate
belonging to Said Petitioners as heirs and Division of the Estate of
the said Robert N. Burch dec’d among said Petitioners and that
commissioners be appointed for that purpose And it appearing to the
court here that the above named Petitioners are all of the heirs and
divisees of the said Robert N. Burch dec’d And that all of said
heirs and divisees have Joined in said petition as petitioners
Therefore It is considered by the court that this prayer of the said
Petitioners ought to be granted and that Partition of said real
Estate ought to be had And it appearing to the court here by said
Petition That said Robert N. Burch died about the fifth day of
August AD 1845 Seized and possessed of the following real Estate To
wit: The South west fractional qr and west half of the south East qr
of Section No. 9 Township No. 37 of Range No. 26 containing 258 1/10
acres the south East fractional qr of Section No. 8 Township No. 37
of Range No. 26
Page 314:
April Term AD 1852
containing 14 86/100 acres The South East qr of the south East qr of
Section No. 22 Township No. 37 of Range No. 26 containing 40 acres
and the West half of the South West qr of Section No. 23 Township
No. 37 of Range No. 26 containing 80 acres and the North West
fractional quarter South of Sac River, of Section No. 24 Township
No. 37 of Range No. 26 containing 68 29/100 acres all situated in
the county of St. Clair and State of Missouri And it further
appearing to the court by said Petition that Mary Ann Breckenridge
(wife of James L. Bacon), Alfred Burch, Benjamin F. Burch, Miranda
Burch, Caesar R. Burch and Oliver H.P. Burch are each entitled to
one Seventh part of said real Estate It is therefore considered and
adjudged by the court here that Partition be had of said real estate
according to the respective interests of the Parties to which they
are entitled as found by the court as aforesaid.
And that Joshua Dallas, Robert H. Sproull and Elisha H. Bell be and
they are by the court appointed commissioners to make partition of
said real Estate among the Parties as aforesaid And to report their
proceedings to this court at the next Term And this cause is ordered
to be continued until the next term of this court.
The Grand Jury returns into court here by their foreman and Presents
a bill of Indictment against Elcanah Cain for selling Liquor in less
quantity than one quart, without License also a bill of indict
against Robert H. Sproull, Wm. T. Matlock & Wm. N. Houston for
gaming also a bill of Indictment against Henry Pollard for selling
Liquor with out License also a bill of indictment against Samuel
Warfield, Elcanah Cain, Thomas B. Johnson, Samuel P. Hodges, Wm. T.
Matlock & James Ditty for gaming, also A bill of indictment against
Henry Pollard & Wm. N. Houston for gaming Also a bill of indictment
against Elcanah Cain for Selling Liquor without License also a bill
of indictment against Henry Pollard for Permitting gaming in his
house And a bill of indictment against Thomas Arnett, Wm. N. Houston
& Wm. T. Matlock for gaming also a bill of indictment against him
for permitting gaming in his house And having no further business
before them were by the court discharged And it is ordered by the
court that capiases issue on all indictments found at this term
Directed to the sheriff of the Proper county returnable to this
court at the next term until which time said Indictments are ordered
to be continued.
Page 315:
April Term AD 1852
Stinson S. Stearns – Pltff
against
Wm. H. McCullock – Defdt
Civil action
Now at this day comes the Parties by their attornies and on motion
of the Defendant by his attorney for a continuance of this cause and
suggestion of the Plaintiff by his attorney which being seen and
heard by the court It is considered by the court that this be
continued until the next term of this court at the costs of the said
defendants It is therefore considered by the court that the said
Plaintiff recover against said defendant his costs at this Term of
this court Expended.
L.S. Rogers – Pltff
against
Wm. L. Vaughan – Deft
Appeal from J.P.
Now at this day come the Parties by their attorneys and on the
Suggestion of the Plaintiff by his attorney that notice of this
appeal has not been given according to Law which being seen and
heard by the court It is considered by the court that this cause be
continued until the next Term of this court at the costs of the said
defendant It is therefore considered by the court that the said
Plaintiff recover against said Defendant his costs at this Term of
this court Expended.
Hugh Barnett – Pltff
against
Benjamin K. Wilkerson – Deft
Judgment Execution and Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair County
Missouri and tenders to the court here a deed by him executed To
William W. Ritchey, Aurelius B. Harris, Marcellus J. Harris & Uriah
L. Sutherland as Executors of the Last will of Samuel W. Harris
Deceased for the following described real Estate To wit all the
right title interest claim Estate and Property of the Said Benjamin
K. Wilkerson in and to Sixty acres of Land off the North End of the
East half of the North East quarter of Section No. Thirteen in
Township No. Thirty eight of Range No. Twenty five Situated in St.
Clair county Missouri And the said George Preston being Personally
Known to the court here to be the person whose name appears
subscribed to said Land as having executed the same as Sheriff as
aforesaid And in open court here acknowledges the same to be his act
and deed for the uses and purposes therein contained.
Page 316:
April Term AD 1852
Daniel R. Jones – Plaintiff
against
Wylie B. Myers – Defdt
Civil Action
Now at this day Comes the parties by their attornies And the motion
herein filed to dismiss the suit Coming up for consideration The
Plaintiff by his attorney moves the court to grant him Leave to
amend his Petition in this cause which being heard and understood by
the court It is considered by the court that the said Plaintiff be
granted Leave to amend his Petition in this Cause and It is ordered
by the court that said Amended Petition be filed on or before the
first day of the next term of this court And the motion to dismiss
this suit is by the court overruled.
And the cause is ordered to be continued until the next term of this
court.
Ordered that court adjourn until tomorrow morning Ten oclock. W.P.
Johnson Cir Judge
Thursday Morning 10 oclock court met pursuant to adjournment Present
as on yesterday.
Ordered that all causes Motions demurrers orders or other business
not otherwise disposed of at this Term of this court be continued
until the next Term of this court.
Ordered that court adjourn until court in course. W.P. Johnson Cir
Judge
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