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St. Clair County Circuit Court
Microfilm Transcripts
MARCH TERM 1858
Page 267:
March Term 1858
At a Circuit Court begun and held at the Courthouse in the Town of
Osceola within and for the County of St. Clair and State of Missouri
on Monday the first day of March AD 1858 Present
De Witt C. Ballou Judge
James W. Beck clerk
Daniel P. Morgan Sheriff
Thomas W. Freeman Cir Atty
The Sheriff of St. Clair County returns into court here the list of
Jurors by him summoned to this term of this court as follows To wit:
From Osceola Township – John W. Beckley, William Martin, John S.
Wilkens, Austin North, John W. Walton, Aurelius B. Harris, Pleasant
M. Cox & Mordecai M. Hausbrough.
From Monegaw Township – Joseph S. Herndon, James Burke, William S.
Drummond, John Thompson, Spencer Estes, William L. Browning & John
C. Looney.
From Speedwell Township – Benjamin T. Morris, William Moore, William
Whitley, Benjamin F. Snyder, James Bybee, Standipher Hurt & James
Boles.
From Washington Township – Jacob W. Roe, Jacob Coonce, Hugh Hall,
James Pace, Acquilla Pritchard, Reuben S. Nance & George W. Fain.
From Polk Township – Robert Hester, Edmund Nance, John B. Todd,
Jefferson Cummings.
From Jackson Township – William Gardner, James D. Gray, John Tally,
David McClain, Harvey G. Harper & Hugh Graham.
Whereupon the Clerk of this court in presence of the Court
administered to the Sheriff and his deputies the oath required by
law. And proceeded to ballot for the names of persons to compose the
grand Jury and from which it appeared that the following names were
severally drawn To wit
From Osceola Township – Pleasant M. Cox who was by the court
appointed
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March Term 1858
foreman and John W. Walton and William Martin.
From Monegaw Township: John C. Looney, James Burke and William L.
Browning.
From Speedwell Township: Benjamin T. Morris, James Boles and William
Whitley.
From Washington Township: George W. Fain, Aquilla C. Pritchard and
Reuben S. Nance.
From Polk Township – Robert Hester and Jefferson Cummins.
From Jackson Township – James D. Gray and Hugh Graham.
Sixteen good and lawful men who were duly sworn and empanelled as a
grand inquest for the body of the County of St. Clair who after
receiving their charge from the court retired to consider of their
presentments and indictments.
Satisfactory reasons having been produced to the court here it is
ordered by the court that Joseph Culbertson, Joseph S. Herndon and
Jacob W. Roe be and they are by the court excused and released from
Serving as Jurors at this term of this court.
It is ordered by the court that John Thompson, William Moore,
Sandipher Hurt, John Tally and Edmund Nance be and they are by the
court here required to Show cause if any they have during the
present arrest Term of this court for failing to appear as Jurors of
the Term of this court after being Summoned by the Sheriff of St.
Clair county for that purpose.
State of Missouri – Plff
vs
Joseph Sloss – Deft
Indictment for Selling liquor without License No. three
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Joseph Sloss in his own proper person And the Said defendant for his
plea in this behalf Says he is guilty in manner and form as charged
in Said indictment
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March Term 1858
And for his punishment puts himself upon the mercy of the court
whereupon the court here doth assess a fine of Twenty dollars
against the said defendant It is therefore considered by the court
here that the Said State of Missouri have and recover against the
said defendant the said Sum of $20. so assessed by the court as
aforesaid for her fine together with her costs in this behalf and
that Execution Issue therefor with Capias clause therein.
State of Missouri – Plff
vs
John Reed – Deft
Indictment for Selling liquor without license
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant in
his own proper person And the Said circuit attorney Says he will not
further prosecute Said indictment but dismisses the Same. It is
therefore considered by the court here that the said defendant be
acquitted and from his recognizance discharged and that he go hence
therefor without day.
State of Missouri – Plff
vs
John Reed – Deft
Indictment for Selling Liquor on Sunday
Indictment for Selling liquor without License No. three
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant John
Reed in his own proper person and for his plea in this behalf the
Said defendant Says he is guilty in manner and form as in said
indictment is charged against him and for his punishment puts
himself upon the mercy of the court whereupon the court here doth
assess a fine of one dollar against said defendant It is therefore
considered by the court that the said State of Missouri have and
recover
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March Term 1858
against the said defendant the said Sum of one dollar for her fine
So assessed by the court As aforesaid together with her costs in
this behalf and that Execution with Capias clause Issue therefor.
State of Missouri – Plff
vs
Thomas J. Smith – Deft
Indictment for open indecency
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant by
William A. McClain his attorney And for his plea in this behalf the
said defendant Says he is guilty in manner and form as in said
indictment is charged against him and for his punishment puts
himself upon the mercy of the court whereupon the court doth assess
a fine of one dollar against Said defendant It is therefore
considered by the court here that the Said State of Missouri have
and recover against the Said defendant the Said Sum of One dollar
for her fine so assessed by the court as aforesaid together with her
costs in this behalf and that execution with Capias clause Issue
therefor.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Tuesday morning March 3rd 1858 court met pursuant to adjournment
present as on yesterday.
State of Missouri – Plff
Vs
James McKinley, Hugh Barnett, Wesley Hall and Joseph Barnett – Defts
Indictment for open indecency
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the above named four
defendants by their attorney William A. McClain and for their plea
in this behalf Said
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March Term 1858
Say they are guilty in manner and form as charged against them in
said Indictment and for their punishment put themselves upon the
Mercy of the court whereupon the court doth assess against each of
said defendants a fine of one dollar It is therefore considered by
the court here that the Said State of Missouri have and recover
against each of said Defendants the Said Sum of One dollar each for
her Fines so assessed by the court as aforesaid, together with her
costs in this behalf and that Execution with Capias clause Issue
therefor.
The Sheriff under the order of the court Summoned the following
named persons to Wit. Anderson Allen, Joseph Herndon, Harry C.
Douglass, John A. Culbertson, Albert G. Culbertson, Joshua Dallas,
Thomas N. Henley and John C. Greenwell eight good and lawful men to
Serve as petit Jurors during the remainder of this term of this
court until discharged by the court.
Lewis Metcalf Adm’r De bonis Non of the Estate of James Beale Dec’d
– Plff
vs
Daniel Dale – Deft
Civil Action
Now at this day comes the said Parties by their attorneys And the
said defendant thereupon presents to the court here his petition
verified by affidavit as the law requires praying for a change of
venue in said cause to some other circuit for the reason that in
Defendant’s opinion the Judge of this court is prejudiced against
him Whereupon a change of venue in said Cause is by the court here
awarded to the circuit court of Bates County in the Sixth Judicial
Circuit in the State of Missouri for the cause Set forth in said
petition.
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March Term 1858
State of Missouri – Plff
vs
Adam Huffman – Deft
Indictment for Felonious Assault
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant Adam
Huffman in his own proper person and both parties being ready for
trial the said defendant for his plea in this behalf says he is not
guilty in manner and form as in said Indictment is charged against
him and for his trial puts himself upon the country and the said
circuit attorney for the State of Missouri doth the like And
therefore come a Jury To wit: John W. Beckley, Jacob Coonce, Hugh
Hall, Harvey G. Harper, Aurelius B. Harris, Benjamin Snyder,
Anderson Allen, Joseph Hannah, Harry C. Douglass, John A.
Culbertson, James Bybee and William S. Drummond twelve good and
lawful men Elected and sworn to well and truly try the Issue in this
cause Joined who after hearing the evidence returned into court here
the following verdict To wit “We the Jury find the defendant not
guilty in manner and form as charged in the Indictment. H.C.
Douglass Foreman” It is therefore considered by the court that the
said defendant be acquitted and from his recognizance discharged and
that he go hence thereof without day.
State of Missouri – Plff
Vs
Matthew Arbuckle – Deft
Indictment for Keeping open tipling house on Sunday No. one
Now at this day comes the said Matthew Arbuckle defendant in Said
cause in his own proper person and also the circuit attorney who
prosecutes for the State of Missouri in this behalf and both parties
being ready for trial the Said defendant for his plea in this behalf
says he is not guilty in manner and form as in said Indictment is
charged against him and for his trial puts himself upon the country
and the Said circuit attorney for State of Missouri doth the like
And thereupon comes a Jury to wit: Mordecai M. Hausbrough, William
Gardner,
[note: next page on microfilm is numbered 293]
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March Term 1858
John M. Elkins, David McClain, John B. Todd, and Austin North Six
good and lawful men Elected and agreed upon by the said parties as a
Sufficient Jury and duly sworn to well and truly try the Issue in
this cause Joined who after hearing the evidence returned into court
here the following verdict To wit “We the Jury find the defendant
guilty in manner and form as charged in the bill of Indictment and
assess a fine against Said defendant of five dollars. John B. Todd
foreman” It is therefore considered by the court that the Said State
of Missouri have and recover against the said defendant the Said Sum
of Five dollars for her fine so assessed by the Jury as aforesaid
together with her costs in this behalf And on Motion of Said circuit
attorney It is ordered by the court that Said defendant remain in
custody of the Sheriff of St. Clair county until Said fine and costs
be satisfied and that Capias Execution Issue therefor.
Scynthia Hook – Plff
vs
John R. White – Deft
Civil action
Now at this day comes the said parties by their attorneys and by
agreement of said parties this cause is by the court here dismissed
and discontinued at the Said Defendants Costs. It is therefore
considered by the court here that the said plaintiff have and
recover against the said Defendant her costs in this behalf laid out
and expended and that execution Issue therefor.
State of Missouri – Plff
vs
Matthew Arbuckle – Deft
Indictment for Keeping open tipling house on Sunday No. 2
Now at this day comes the said Defendant Matthew Arbuckle in his own
proper person as well as the circuit attorney who prosecutes for the
State of Missouri in this behalf and the Said defendant for his plea
in this behalf Says he is Guilty in Manner and form as in said
Indictment
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March Term 1858
is charged against him and for his punishment puts himself upon the
mercy of the court Whereupon the court assesses against the said
defendant a fine of one dollar It is therefore considered by the
court here that the said State of Missouri have and recover Against
the Said Defendant the said sum of one Dollar for her fine so
assessed by the court as aforesaid together with her costs in this
behalf and that Execution with Capias clause Issue therefor.
State of Missouri – Plff
vs
Hugh Arbuckle, Hezekiah Summers, Thomas M. Arnett – Defts
Indictment for Playing cards on Sunday
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendants Hugh
Arbuckle, Hezekiah Summers and Thomas M. Arnett by their attorney
William A. McClain and for their plea in this behalf the said
defendants say they are guilty in manner and form as in Said
indictment is charged against them and for their punishment put
themselves upon the mercy of the court Whereupon the court doth
assess a Fine of one Dollar each against Said defendants It is
therefore considered by the court that the Said State of Missouri
have and recover against Said defendants the Sum of one dollar each
And that execution with capias clause Issue therefor.
State of Missouri – Plff
vs
Hugh Arbuckle – Deft
Now at this day comes the said defendant Hugh Arbuckle in his own
proper person as well as the Circuit Attorney who prosecutes for the
State of Missouri in this behalf and the said defendant for his plea
in this behalf Says he is guilty in manner and form as in said
indictment is charged against him and for his punishment puts
himself upon
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March Term 1858
the mercy of the Court. Whereupon the Court assessed against the
said defendant a fine of One Dollar. It is therefore Considered by
the Court here that the said State of Missouri have and recover
against the said defendant the said Sum of one Dollar for her fine
so assessed by the Court as aforesaid together with her costs in
this behalf. And that Execution with Capias Clause Issue therefor.
State of Missouri – Plff
vs
Thos. M. Arnett – Deft
Indictment for Keeping open dram shop on Sunday
Now at this day comes the said defendant Thomas M. Arnett in his own
proper person as well as the Circuit attorney who prosecutes for the
State of Missouri in this behalf, and the said defendant for his
plea in this behalf Says he is guilty in manner and form as in said
indictment is charged against him and for his punishment puts
himself upon the mercy of the Court. Whereupon the court assesses
against the said defendant a fine of one Dollar. It is therefore
considered by the court here that the said State of Missouri have
and recover against the said defendant the said sum of one Dollar
for her fine so assessed by the Court as aforesaid together with his
costs in this behalf; And that Execution with Capias Clause issue
therefor.
State of Missouri – Plff
vs
Hezekiah Summers – Deft
Indictment for keeping open dramshop on Sunday
Now at this day Comes the said Defendant Hezekiah Summers by his
attorney William A. McClain as well as the Circuit attorney who
prosecutes for the state of Missouri in this behalf and the said
Defendant for his plea in this behalf says he is guilty in manner
and form as in Said indictment is charged against him & for his
punishment puts himself upon the mercy of the court. Whereupon the
court assessed against said defendant a fine
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March Term 1858
of one Dollar. It is therefore Considered by the Court here that the
said State of Missouri have and recover against the said defendant
the said Sum of one Dollar for her fine so assessed by the court as
aforesaid together with her costs in this behalf And that Execution
with Capias Clause Issue therefor.
Merrit Clarkson – Plff
vs
Mary A. Clarkson – Deft
Petition for Divorce
Now at this day comes the said plaintiff by his attorney and
dismisses his said Suit at his costs It is therefore considered by
the court that the said defendant have and recover against the said
Plaintiff her costs and charges in this behalf laid out and expended
and that Execution Issue therefor.
State of Missouri
vs
William Osborn
Indictment for playing cards on Sunday
On motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the Court that an alias
capias Writ be Issued against the said William Osborn and directed
to the Sheriff of Benton county returnable to the next term of this
court.
State of Missouri – Plff
vs
Henry Pollard – Deft
Indictment for Selling liquor without license
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecute this cause and dismisses said Indictment It is therefore
Considered by the court here that the said defendant be acquitted
and from his recognizance discharged and that he go hence thereof
without day.
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March Term 1858
State of Missouri – Plff
vs
George Hinkle – Deft
Indictment for Selling liquor without License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says that he will not further
prosecute this cause but dismisses the same It is therefore
considered by the court that the said defendant be acquitted and
from his recognizance discharged and that he go hence thereof
without day.
It is ordered by the court that Anderson Allen be & he is by the
court here excused and released from further Service as a Juror at
this term of this court.
State of Missouri - Plff
vs
Elizabeth Springer a woman of color- Deft
Indictment for disturbance of the peace for assault with Intent to
Kill
The Grand Jury having investigated said charge and failed to find a
bill of Indictment against Said defendant It is considered by the
court here that the said defendant be acquitted and from her said
recognizance discharged and that She go hence thereof without day
and that the county of St. Clair pay the costs in this behalf in
court.
State of Missouri – Plff
vs
Jack Harris – Deft
Indictment for public indecency
On motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the court that an alias
capias writ be Served against Said defendant directed to the Sheriff
of St. Clair county returnable to the next term of this court.
William L. Vaughan & Waldo P. Johnson – Plffs
vs
Pleasant Roberts – Deft
Indictment by Confession
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March Term 1858
Now at this day came here into court the said plaintiffs by their
attorney, and files herein the Statement of the Said defendant
Pleasant Roberts performed by his affidavit according to the Statute
in said case made and presented, and the Court here being Satisfied
from evidence, of the identity of the defendant and that he granted
the aforesaid Statement and made affidavit as required by law, and
it appearing from Said Statement that Said defendant authorized the
entry of Judgment against him in favor of Said plaintiff for the Sum
of Fifty three dollars, for money already due said plaintiffs It is
therefore considered by the court here that Said plaintiffs have and
recover of Said defendant Said Sum of Fifty three dollars being the
Sum confessed to be due as aforesaid, and also the same plaintiffs
recover the Costs in this behalf laid out and Expended and that
Execution issue therefor.
Ordered that Court adjourn untill tomorrow Morning at 8 Oclock. De
Witt C. Ballou Circuit Judge
Wednesday Morning March 5 AD 1858 court met pursuant to adjournment
present as on yesterday.
Thomas C. Bradley – Plff
Vs
Dabney A. Whitlow – Deft
Civil action
Now at this day comes the said parties by their attorneys and by
agreement of said parties It is ordered by the court that this cause
be dismissed and discontinued and that the said deft pay the costs
in Said cause It is therefore considered by the court that said
plaintiff have and recover against the said defendant his costs in
this behalf and that execution Issue therefor.
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March Term 1858
State of Missouri – Plff
vs
Wiley B. Sartin – Deft
On recognizance from Justice of the peace to answer Indictment for
felonious assault
The Grand Jury having investigated said charge and failed to find a
Bill of Indictment against Said defendant It is considered by the
court here that the Said defendant be acquitted and from his Said
recognizance discharged and that he go hence thereof without day and
that the County of St. Clair pay the costs incurred in this cause.
State of Missouri – Plff
vs
Wilson Y. Taylor – Deft
Indictment for felonious Shooting of horse
The said defendant Wilson Y. Taylor being three times solemnly
called comes not but makes default and thereupon Henry E. Moran,
Elijah Clark, Columbus Hahn and James C. Hinkle his securities in
his recognizance were called and failing to produce the said Wilson
Y. Taylor to answer said Indictment Whereupon It is considered by
the court here that the recognizance Entered into by said defendant
as principal and the said Henry E. Moran, Elijah Hinkle, Columbus
Hahn and James C. Hinkle as his Sureties in the Sum of Five hundred
Dollars on the 11th day of Septem. 1857 at the last term of this
court conditioned for the personal appearance of the said Wilson Y.
Taylor before the Judge of this court at the courthouse in the Town
of Osceola on the first day of this term of this court and abide the
decision of the court and not depart the court without leave and the
cause is by the court here declared forfeited
And on motion of the circuit attorney who prosecutes for the State
of Missouri In this behalf It is ordered by the court that a Scire
facias be Issued against the Said Wilson Y. Taylor and Henry E.
Moran, Elijah Hinkle, Columbus Hahn and James C. Hinkle requiring
them to appear at before this court on the first day of the next
Term of said court to be begun and held at the Court house in the
Town of Osceola on the first Monday in September next to show cause
if any they have why Execution Should not Issue against them for the
said sum of Five hundred Dollars to each of their respective goods &
chattels lands and tenements.
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March Term 1858
State of Missouri – Plff
vs
Isaiah Lane – Deft
Indictment for a felonious Assault
Now at this day comes again here into Court the circuit attorney who
prosecutes for the State of Missouri in this behalf as well as the
Said defendant in his own proper person and upon motion of the
Circuit attorney said cause is continued until the next term of this
Court, upon good Cause Shown and Whereupon came here into Court the
said Isaiah Lane in his own proper person as principal and Hammond
Morris, Thomas R. Todd as his Sureties and acknowledge themselves
indebted to the State of Missouri in the Sum of Five hundred Dollars
to be levied of their respective goods and chattels lands and
tenements to be void upon Condition that the said Isaiah Lane Shall
make his personal appearance before the Judge of the Circuit Court
of the county of St. Clair, on the first day of the next term of
said Court to be begun and held at the court house in the town of
Osceola in said county on the first Monday in September next to
answer to an indictment pending in said Court against him for
feloniously wounding And to abide said without leave.
Albert G. Gardner, Richard Garrison and Jefferson Cummins trustees
of School District No. 1 in School Township No. 6 Compressed of
Congressional Township No. 38 of Range No. 24 (in St. Clair County
Mo.) – Plaintiffs
against
Celia Hays, Hannah Hays & Margaret Hays – Defendants
Civil Action for tital to real Estate
Now at this day comes again the plaintiffs by their attorney and it
appearing to the Court from the action of the Sheriff of St. Clair
County Missouri that all of said defendants have been duly Served
with process in this Case more
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March Term 1858
than twenty days before the first day of this term of this Court and
it being suggested to the court that Hannah Hays and Margaret Hays
two of said Defendants were minors under the age of twenty one years
the Court appoints Foster P. Wright Esq. Guardian ad litem for said
infant Defendants and the said Foster P. Wright being in court
consents to act and files answers of said infants defendants and the
said Celia Hays in her own proper person appears in court and files
her answer to said petition and releases all rights title and
interest in and to the land described in said petition and all
parties being ready for trial and neither party requiring a jury and
all parties consenting to a trial at this term of the court the
Cause is Submitted to the Court upon the petition answers and
evidence in the Cause and the Court after hearing the evidence doth
find that in the year 1854 Harlan Hays was the owner of the SE
quarter of NE quarter of Section 17 Township 38 of Range 24 Situated
in St. Clair County Missouri that some time in the year 1854 said
Harlan Hays made a verbal agreement with Bennet Pitt, Calvin Gardner
and William R. Williams then Trustees of said School District No. 1
by which he agreed to convey to Said Trustees and their successors
in office the following described Tract of land situated in St.
Clair County Missouri and being a part of the aforesaid tract to
wit. Beginning at a white oak (near the west side of the Road
leading from the late residence of Harlan Hays now the residence of
said Celia Hays and leading up Bear Creek) thence from said white
oak N 113 degrees E 26 poles to three Hickories thence south 63
degrees E 15 poles to a rock and two oaks on the line below Section
16 & 17 thence South with Said line 30 poles to a Stake near the
bank of the Creek thence S 22 degrees W 14 poles to a Stake near the
Creek thence 41 degrees W 42 poles to the beginning Containing five
acres and two reeds to be held by them and their Successors in
office for the purpose of entering a school House thereon for the
use of said School District No. 1 aforesaid and upon Consideration
that Said
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March Term 1858
Trustees or their Successors in office would in a reasonable time
erect upon Said five acres and to reeds of land aforesaid a School
House for the use of said District No. 1 aforesaid. The court
further finds from the evidence that during the year 1854 Said
trustees of Said District No. 1 assisted by the citizens of Said
District No. 1 did in pursuance of said verbal agreement and with
the Knowledge Consent and approbation of Said Harlan Hays erect and
build a Comportable School House on Said five acres and two roads of
land and expended the Sum of One hundred & Sixty Dollars in erecting
said school house and that Said trustees or their Successors in
office have been in the peaceable and uninterrupted possession of
said House and five acres and two roads of land from the time of
erecting Said house up to the present time and are yet in possession
of said House and land. The Court further finds that the plaintiffs
to this Suit were at the Commencement of this Suit And yet are the
trustees of said School District No. 1 and that Harlan Hays departed
this life in the month of December 1854 intestate without having
made a conveyance to Said trustees of Said land and without having
authorized any persons to make a conveyance of the Same for him that
Said Hays left as his heirs a widow to wit Celia Hays and two
children to wit Hannah Hays and Margaret Hays all of whom are
parties to this suit; In Consideration of the premises it is ordered
adjudged and decreed by the court here that all the right title
interest claim estate and property of said Defendants be divested,
and that a full and Complete title of in and to said five acres and
too roods of land be vested in said plaintiff as trustees of school
District No. 1 aforesaid and their Successor in offices to be used
for the purpose of a school house lot with permission to be used as
a place of preaching the Gospel of our Lord and Savior Jesus Christ
but with the express understanding that whenever the said Trustees
or their successors in office either use said school house lot for
any other purpose, or permit others to use Said School
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March Term 1858
House lots for any other purpose than these above Specified then
said five acres and two roods of land to revert to and be revested
in said Hannah Hays and Margarett Hays and their heirs and assigns
as fully and Completely as if this decree had never been made. It is
further ordered that plaintiffs pay the costs in this suit – And the
opinion of the court in accordance herewith is filed herein.
State of Missouri
vs
William Addington
Indictment for public indecency
The said defendant William Addington being three times Solemnly
called comes not but Makes default and thereupon Layton H. North &
Henry Addington the securities on his recognizance being called to
bring the said William Addington into court failed to produce the
said William Addington to answer said Indictment. Whereupon On
motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the court that the
Recognizance of the Said William Addington Entered into by him as
principal with the said Layton H. North and Henry Addington as his
Securities thereto on the 12th day of December 1857 conditioned for
his personal appearance before the Judge of this court at the
courthouse in the Town of Osceola on the first day of this term of
this court to answer said Indictment be and the same is by the court
here declared to be forfeited It is therefore Ordered by the Court
that Scire facias a Scire facias be Issued against Said Defendant
his said Securities returnable to the first day the next term of
this court which commences on the first Monday in September next
Notifying them to appear and Show cause if any they have why
Execution Should not Issue against their respective goods and
chattels lands and tenements for the Said Sum of one hundred Dollars
Page 304:
March Term 1858
State of Missouri – Plff
vs
Joseph K. Yeater – Deft
Indictment for open Indecency
Now at this day comes the said Defendant Joseph K. Yeater by his
attorney William A. McClain as well as the Circuit attorney who
prosecutes for the State of Missouri in this behalf. And the said
defendant for his plea in this behalf Says he is guilty in manner
and form as charged in said indictment against him and for his
punishment puts himself upon the mercy of the Court. Whereupon the
court assesses against Said defendant a fine of one Dollar It is
therefore Considered by the Court here that the said State of
Missouri have and recover against the said defendant the said Sum of
one Dollar for her fine so assessed by the Court as aforesaid
together with her Costs in this behalf. And that Execution with
Capias Clause Issue therefor.
State of Missouri – Plff
vs
Magness Vaughan – Deft
Indictment for Open Indecency
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute this Cause but dismisses the same. It is therefore
Considered by the court that the Said defendant be acquitted and
from his recognizance discharged and that he go hence thereof
without day.
State of Missouri – Plff
vs
George Vaughan – Deft
Indictment for open Indecency
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
George Vaughan in his own proper person and both parties being ready
for trial the said defendant for her plea in this behalf says he is
not guilty in manner and form as in said Indictment is Charged
against him and for his trial
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March Term 1858
Puts himself upon the country. And the said circuit attorney for the
State of Missouri doth the like. And thereupon Comes a Jury To wit;
Austin North, John B. Todd, Joseph Hannah, Albert G. Culbertson,
Mordecia M. Hausbrough, James Bybee, David McClain, John C.
Greenwell, Harvey G. Harper, William S. Drummond, James Pace and
Jacob Coonce twelve good and lawful men elected and Sworn to well
and truly try the Issue in this Cause Joined who after hearing the
evidence returned into court here the following Verdict To wit “We
the Jury find the defendant not Guilty in manner and form as charged
in the Indictment. John B. Todd” foreman
It is therefore considered by the court that the said defendant be
acquitted and from his recognizance discharged and that he go hence
thereof without day.
State of Missouri
vs
Isaiah Lain
Indictment for a felonious assault
Now at this day comes James M. Brackenridge a Witness on the part of
the State and here in open court in his own proper person
acknowledges himself indebted to the State of Missouri in the Sum of
one hundred dollars to be levied of his goods and chattels lands and
tenements to be void upon condition that he make his personal
appearance before the Judge of this court at the court house in the
Town of Osceola on the first day of the next term of this court to
give evidence in Said cause and not depart the court without leave.
Caleb R. Field – Plff
vs
Hugh B. Cole – Deft
Civil action
Now at this day comes the said parties by their attorneys and both
parties being ready for trial comes a Jury to wit Hugh Hall, William
Gardner, John W. Beckley, John A. Culbertson, Austin North, James
Pace
Page 307: Numbering Error
March Term 1858
Mordecai M. Hausbrough, Aurelius B. Harris, Jacob Coonce, Joseph
Hannah, William S. Drummond and Benjamin F. Snyder twelve good and
lawful men elected and Sworn to well and truly try the Issue in this
cause Joined who after hearing the evidence returned into court here
the following verdict To wit “We the jury find a verdict for
Plaintiff and assess the damage at one hundred Dollars A.B. Harris
Foreman”
It is therefore Considered by the Court that the Plaintiff have and
recover against the said defendant the said Sum of One hundred
Dollars for his damages So assessed by the Jury as aforesaid
together with his costs in this behalf and that Execution issue
therefore.
John T. McClain adm’r of the Estate of John Clarkson Dec’d – Plff
vs
Wilson Y. Taylor
Civil Action
Now at this day comes the said parties by their attorneys and both
parties being ready for trial comes a Jury To wit Hugh Hall, John W.
Beckley, Joseph M. Elkin, John A. Culbertson Jacob Coonce, Benj.
Snyder, Spencer Estes, Harvey G. Harper, James Pace, Austin North,
John C. Greenwell and William S. Drummond twelve good and lawful men
elected and Sworn to well and truly try the issue in this Cause
Joined And by agreement of the parties the Jury was Adjourned until
tomorrow morning 8 oclock under the usual charge of the court and
the cause continued until tomorrow morning 9 oclock.
Page 308:
March Term 1858
The Grand Jury returns into court here and by their foreman in
presence of the whole body of Grand Jurors presents a Bill of
Indictment against (space) for felonious maiming wounding & etc. And
having further business before them again retired to consider of
their further presentments and Indictments.
It is ordered by the court that capias Isen’t Issue on the
Indictment Just returned into court here directed to the Sheriff of
St. Clair county returnable to the next term of this court.
Page 309:
March Term 1858
Peter Brown & others – Plff
vs
Benjamin Brown, Elizabeth P. Offutt & others – Defts
Petition for Partition
Now at this day comes the Said Plaintiffs by their attorney and
suggests to the court that since the last term of this court
Elizabeth P. Offutt one of the said defendants has departed this
life and on motion of Said Plaintiffs Leave is Given them to make
the heirs of the said Elizabeth P. Offutt Dec’d parties defendants
to said suit and to Amend their said petition.
William L. Vaughan Adm’r of the Estate of Joel Redman Dec’d – Plff
vs
Jonathan Bradley, Thomas Bradley, William Marlow, Samuel Richardson
& Joshua Gates & Joshua Gates – Defts
Civil Action
Now at this day comes the said plaintiff by his attorney and
dismisses this Suit against the said defendants Jonathan Bradley,
Thomas Bradley and William Marlow And it appearing to the court from
the return of the Sheriff of St. Clair county that the said
defendants Samuel Richardson and Joshua Gates have been duly served
with process in this cause more than fifteen days before the first
day of this term of this court and having failed to file any answer
to said plaintiffs petition whereby the Said plaintiffs action
remains against the said defendants Samuel Richardson and Joshua
Gates undefended and the said Samuel Richardson and Joshua Gates
being three times Severally Solemnly called comes not but Make
default And this suit being founded on an instrument of writing and
the amount thereby liquidated the court here finds that the said
defendants are Justly indebted to the said Plaintiff in the sum of
Sixty four dollars and ninety one cents It is therefore considered
by the court that the said plaintiff have and recover against the
said defendants Samuel Richardson and
Page 310:
March Term 1858
Joshua Gates the said sum of $64.91 cents for his debt so found by
the court as aforesaid together with his costs in this behalf and
that execution Issue therefor.
Columbus Hahn and Gilly P. Hahn – Plffs
vs
Peter Brown & others – Defts
Civil action
Now at this day comes the said Plaintiffs by their attorney and
Suggests to the court that since last term of this court Elizabeth
P. Reese one of said defendants has departed this life and on motion
of said Plffs leave is given them to amend their petition and make
new parties and thereupon by leave of the court Said amended
petition is filed herein and thereupon It is ordered by the court
that Summon Issue against said new parties returnable to the next
term of this court.
It is ordered by the court that all pleadings be filed by tomorrow
at one oclock PM.
Edward Pittman & Williamson H. Pittman – Plffs
vs
Henry Boatman & Thomas Walton – Defts
Civil action
Now at this day comes the said plaintiffs by their attorney and the
Said defendants being severally three times Solemnly called comes
not but make default and there being no answer to said plaintiffs
petition Whereby said action remains against said defendants
undefended and it appearing to the court here from the return of the
Sheriff of St. Clair County Missouri that each of said defendants
have been duly served with process in this cause more than fifteen
days before the first day of this term of this
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March Term 1858
court And this suit being founded on an instrument of writing and
the amount thereby liquidated the court here finds that the Said
defendants are Justly indebted to the said Plaintiffs in the Sum of
Two hundred and Eighty four dollars and Twenty five cents.
It is therefore considered by the court that the said plaintiffs
have and recover against the said defendants the said sum of $284.25
cents for their debt so found by the court as aforesaid together
with their costs in this behalf and that Execution Issue therefor.
Augustus Shapleigh, Thomas D. Day & Woodman Crittenden – Plffs
Vs
Henry Boatman & Thomas Walton – Defts
Civil action
Now at this day comes the said plaintiffs by their attorney And it
appearing to the court from the return of the Sheriff of St. Clair
county Mo. that process had been duly served on each of said
defendants in this cause more than fifteen days before the first day
of this term of this court and the said defendants being severally
three times Solemnly called comes not but makes default and there
being no answer filed to said plaintiffs petition wherefore the said
action remains against the said defendants undefended And this suit
being founded on an instrument of writing and the Amount thereby
liquidated the court here finds that the said defendants are Justly
indebted to the Said Plaintiffs in the sum of Two hundred and fifty
two Dollars and eighty three cents It is therefore considered by the
court that the said plaintiffs have and recover against the Said
defendants the said sum of $252.83 for their debt so found by the
court as aforesaid together with their costs in this behalf laid out
and expended and that Execution Issue therefore.
Page 312:
March Term 1858
Horace Whittemore, Robert B. Whittemore & John F. Carter – Plff
vs
Henry Boatman & Thomas Walton – Defts
Civil action
Now at this day comes the said plaintiffs by their attorney and It
appearing from the return of the Sheriff of St. Clair county
Missouri that each of Said defendants had been duly served with
process in this cause more than fifteen days before the first day of
this term of this court and said defendants being severally three
times Solemnly called comes not but make default and there being no
answer filed to said plaintiffs petition whereby the said action
remains against the Said defendants undefended And this Suit being
founded upon an instrument of writing and the amount thereby
liquidated the Court here finds that the Said defendants are Justly
indebted to the said plaintiffs in the sum of One hundred and four
dollars and Sixty Cents. It is therefore considered by the court
that the said plaintiffs have and recover against the Said
defendants the said Sum of $104.60 cents for their debt so found by
the court as aforesaid together with their costs in this behalf and
that execution therefor.
Uriah L. Sutherland, Marcellus J. Harris, Aurelius B. Harris and
William W. Ritchey Executors of the last will and testament of
Samuel W. Harris dec’d – Plffs
vs
Benjamin K. Wilkinson – Deft
Civil Action
Now at this day comes the said Plaintiffs by their attorney and It
appearing to the court here from the return of the Sheriff of St.
Clair county Missouri that the said defendant had been duly Served
with
Page 313:
March Term 1858
Process in this cause more than fifteen days before the first day of
this term of this court and the said defendant being three times
solemnly called comes not but makes default and there being no
answer to Said plaintiffs petition filed whereby the said action
remains against the Said defendant undefended and the Suit being
founded upon an instrument of writing and the amount thereby
liquidated the court here finds that the said defendant is Justly
indebted to the said plaintiff in the sum of one hundred and Sixty
nine dollars. It is therefore considered by the court that the said
plaintiffs have and recover against the said defendant the Said Sum
of $169. for their debt So found by the court as aforesaid together
with their costs in this behalf and that execution Issue therefor.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Thursday Morning March 4th 1858 Court Met pursuant to adjournment
present as on yesterday.
James Stratton – Plff
vs
William W. Washburn – Deft
Appeal from Justice of the peace
Now at this day comes the said parties by their attorneys and the
Said Defendant here in court makes application for a continuance of
this cause And for good and Sufficient cause to the court here Shown
It is ordered by the Court that this cause be continued until the
next term of this Court at Said defendants Costs It is therefore
considered by the court that the said Plaintiff have and recover
against the said defendant his costs and charges in this behalf at
and about this term of this court and that execution issue therefor.
Page 314:
March Term 1858
John T. McClain Adm’r of the Estate of John Clarkson Dec’d – Plff
vs
Wilson Y. Taylor – Deft
Civil action
Now at this day comes again the said parties by their attorneys and
the Jury Sworn on yesterday to try the Issue in this cause Joined
returned here in to court here and on application of Hugh Hall one
of said Jurors and by an with the consent of the Said parties he is
discharged from Serving said Jury and the remaining eleven Jurors
agreed upon as a Sufficient Jury to try the said Issue who after
hearing the evidence returned into court here the following verdict
To wit: “we the Jury find for the plaintiff one hundred and fifty
dollars for the horses and fifty dollars for his damages. W.S.
Drummond” It is therefore considered by the court that the Said
Plaintiff have and recover against the Said defendant the Said Sum
of $150 for the said horses and $50 for his damages so assessed by
the Jury as aforesaid together with his costs in this behalf and
that Execution Issue therefore.
State of Missouri – Plff
vs
Daniel P. Todd – Deft
Indictment for Selling liquor without License No. 1
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person and the said defendant for his plea in this
behalf Says he is Guilty in manner and form as in said Indictment is
charged against him and for his punishment puts himself upon the
Mercy of the court Whereupon the court doth assess a fine of Twenty
dollars against the Said defendant
It is therefore considered by the court that the said State of
Missouri have and recover against the said defendant the said sum of
Twenty dollars for her fine so assessed by the court as aforesaid
together with
Page 315:
March Term 1858
her costs in this behalf and that capias Execution Issue therefore.
State of Missouri – Plff
vs
James B. Nelson – Deft
Indictment for felonious assault
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and produces to the court here the
recognizance of the said James B. Nelson entered into by him as
principal with Joseph Engle as his security thereto by which they
acknowledged themselves indebted to the State of Missouri in the sum
of five hundred dollars to be levied of their respective goods and
chattels lands and tenements to be void upon condition that the said
James B. Nelson be and appear before the Hon. Judge of the St. Clair
circuit court at the courthouse in the Town of Osceola on the first
day of this term of this court then and there to answer unto the
State of Missouri of an Indictment for felonious assault and not
depart said court without leave and dated the 13th day of February
1858 taken and Approved on said day by Jason Simmons county court
Justice And the said James B. Nelson being three times solemnly
called comes not but makes default And thereupon the said Joseph
Engle the security on said recognizance being called to times the
said James B. Nelson into court here fails to produce the said James
B. Nelson to answer said Indictment And thereupon the said circuit
attorney moves the court for a forfeiture of said recognizance It is
therefore considered by the court that said recognizance has been
and is forfeited And It is ordered by the court that a writ of
Scirefacias be Issued against the said James B. Nelson and Joseph
Engle requiring them to appear before the Judge of this court at the
courthouse in the Town of Osceola on the first day of the next Term
of said court to be begun and held on the first Monday in September
next and Show cause if any they can why Execution should not Issue
against them for the said sum of five hundred dollars and levied on
their respective goods and chattels lands and tenements
Page 316:
March Term 1858
State of Missouri
vs
James B. Nelson
Indictment for felonious assault
On motion of the circuit attorney who prosecutes for the State of
Missouri in this behalf It is ordered by the court that an Alias
capias writ be Issued against Said Defendant directed to the Sheriff
of Dallas county Mo Returnable to the next term of this court.
State of Missouri for the use of William K. Johnson & William Doak –
Plffs
vs
Thomas Copenhaver, Michael Copenhaver & William H. Trolinger admr of
the Estate of Joseph Montgomery Dec’d – Defts
Civil Action
Now at this day comes the said Plaintiffs by their attorney and
dismisses this Suit as against the said defendants Michael
Copenhaver and William H. Trolinger administrators of the estate of
Joseph Montgomery and the Said Thomas Copenhaver comes into court
here by his attorney and by agreement of Said parties the Said
Plaintiffs are to have a Judgment for the Sum of one hundred dollars
against the Said Defendant Thomas Copenhaver It is therefore
considered by the court here that the said Plaintiffs have and
recover against the said Thomas Copenhaver the said sum of $100 for
his debt so agreed upon by said parties and that Execution Issue
therefore.
William L. Vaughan & Waldo P. Johnson – Plffs
vs
James A. Culbertson – Deft
Civil action
Now at this day comes the said plaintiffs by their attorney and
dismisses this Suit at their costs and pays off the Sum to the clerk
& Sheriff this cause is therefore by the court discontinued.
Page 317:
March Term 1858
Nancy Estes, John Estes & others – Plffs
vs
Elizabeth Esters
Petition for partition and Sale of land
Now at this day comes the Said defendant by her attorney and by
leave of the court files herein her Answer to the said Plaintiffs
petition.
Columbus Hahn – Plff
vs
William Brown & Peter Brown Admrs of the Estate of William Brown
Dec’d – Deft
Appeal from County Court
Now at this day comes the Said parties by their attorneys and by
agreement of Said parties the court here finds Said Estate fully
indebted to the said Columbus Hahn in the sum of one hundred dollars
as a final Settlement of all open or unsettled documents note
relating to real Estate It is therefore considered by the Court that
the Said Plaintiff have and recover against the said defendants as
administrators of the Estate of the Said William Brown dec’d the
said Sum of $100. So found by the court as aforesaid together with
his costs in this behalf and that the Sum be certified to the county
court of St. Clair county Missouri.
John L. McClain assignee of William Brown – Plff
vs
Henry Pollard – Deft
Civil action
Now at this day comes the Said parties by their attorneys and both
parties being ready for trial and neither party requiring a Jury the
trial of the cause was by Said parties submitted to the court
whereupon the Court here after hearing the evidence doth find a
verdict for said plff & that the said defendant is Justly indebted
to the said Plaintiffs petition in the sum of sixty dollars.
It is therefore considered by the court that the said plaintiff have
and recover against the said defendant the said Sum of Sixty
Page 318:
March Term 1858
dollars for his debt So found by the court as aforesaid together
with his costs in this behalf and that Execution Issue therefor.
Samuel Wells – Plff
vs
Margaret Wells – Deft
Petition for divorce
Now at this day comes plaintiff by his attorney And the said
defendant being three times Solemnly called comes not but makes
default It is therefore ordered by the court here that an
intecorotory diem be entered in this cause and that the said stand
continued until the next term of this court.
John A. Bushnell – Plff
vs
David B. Kidd – Deft
Civil action
Now at this day comes plaintiff by his attorney and It appearing to
the court here from the return of the Sheriff of St. Clair county
Mo. that the said defendant has been duly served with process in
this cause more than fifteen days before the first day of this term
of this court and the Said Defendant being three times Solemnly
called comes not but makes default and there being no answer filed
to Said plaintiffs petition whereby the said action remains against
the said defendant undefended and this Suit being founded on an
instrument of writing and the amount thereby liquidated the court
here finds that the said defendant is Justly indebted to the said
plaintiff in the Sum of one hundred and Twenty eight dollars and
forty five cents.
It is therefore considered by the court that the said plaintiff have
and recover against the said defendant the said sum of $128.45 cents
for his debt so found by the court as aforesaid together with his
costs in this behalf and that Execution Issue therefor.
Page 319:
March Term 1858
Robert Campbell – Plff
vs
Aaron G. Groom & William S. Drummond – Defts
Civil action on note
Now at this day comes the said plaintiff by his attorney and by
leave of the court files herein his petition And the Said defendants
by their attorney William A. McClain comes into court here and
waives the Service of process in this cause and enters their
appearance and confesses Judgment in favor of said plaintiff for the
sum of Three hundred and eighty eight dollars and ten cents due on
Said promissory note Sued on and claimed in Said plaintiffs petition
It is therefore considered by the court here that the said plaintiff
have and recover against the said Defendants the said sum of $388.10
cents for his debt so confessed as aforesaid together with his costs
in this behalf and that execution Issue therefor.
[Left hand margin:] I Waldo P. Johnson atty of Record hereby
acknowledge full Satisfaction of the payment This 7 June 1858. W.P.
Johnson Circuit atty
Attest James W. Beck clerk
William North and William P. Scott – Plffs
vs
Amos G. Groom & William S. Drummond – Defts
Civil action for note
Now at this day comes the said plaintiffs by their attorney and by
leave of the court files herein their petition and the said
defendants by their attorney William A. McClain comes into court
here and waives the Service of process in this cause and enter their
appearance and confessed Judgment in favor of said plaintiff for the
sum of two hundred and twenty Dollars and twelve Cents the amount
due on Said promissory note sued on and claimed in Said plaintiffs
petition It is therefore considered by the court here that the said
plaintiff have and recover against the said defendants the said sum
of $220.12 cents for their debt so confessed as aforesaid together
with their costs in this behalf and that execution Issue therefor.
[Left hand margin:] I Waldo P. Johnson attorney of Record hereby
acknowledge Satisfaction of this Judgment this 7th day of September
1858
attest James W. Beck clerk, W.P. Johnson atty for Plff
Page 320:
March Term 1858
Ordered that court adjourn until tomorrow Morning 8 oclock. De Witt
C. Ballou Circuit Judge
Friday morning March 5th 1855 court met pursuant to adjournment
present as on yesterday.
John T. McClain admr of the Estate of John Clarkson Dec’d – Plff
vs
Wilson Y. Taylor – Deft
Civil action
Now at this day comes again the said parties by their attorneys And
the said defendant by his attorney by leave of the court files
herein his motion to set aside the Judgment rendered on yesterday in
this cause and grant a new trial in said cause and said motion being
seen heard and fully understood by the court here is by the court
overruled whereupon the said defendant excepts to the decision of
the court in overruling his said motion.
State of Missouri – Plff
vs
Joseph Sloss – Deft
Indictment for Selling liquor without license No.1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute said Indictment and dismisses the same It is therefore
considered by the court that the said defendant be acquitted and
from his recognizance discharged and that he go hence thereof
without day.
State of Missouri – Plff
vs
Daniel P. Todd – Deft
Indictment for Selling liquor without License No. 2
Now at this day comes the Circuit attorney who prosecutes for the
State of
Page 321:
March Term 1858
Missouri in this behalf and Says he will not further prosecute Said
Indictment and dismisses the same It is therefore Considered by the
Court that the Said defendant be acquitted and from his recognizance
discharged and that he go hence thereof without day.
State of Missouri – Plff
vs
Joseph Sloss
Indictment for selling liquor without license No. 2
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri in this behalf and says he will not further
prosecute said Indictment and dismisses the same It is therefore
Considered by the court that the Said defendant be acquitted and
from his recognizance discharged and that he go hence thereof
without day.
Martin McFerrin – Plff
against
Joseph C. Montgomery & William H. Trolinger administrator of the
Estate of Joseph Montgomery Dec’d interplated – Defts
Now at this day comes the said plaintiff as well as the said Joseph
C. Montgomery and Wm. H. Trolinger as administrator of the estate of
the said Joseph Montgomery deceased and this cause coming on to be
tried and neither party requiring a Jury the same is Submitted to
the court for trial and having heard the evidence the court doth
find that about the first day of January 1858 the said Joseph
Montgomery now deceased and the said defendant Joseph C. Montgomery
and one Livingston B. Montgomery entered into a written agreement by
them signed to the effect that the Said Joseph Montgomery sold to
said Joseph C. Montgomery and L.B. Montgomery the following negroes
Slaves to wit Hannah a woman then about thirty years of age, Mary a
girl then about 13 years of age, Patsey a girl then about twelve
years of age, Lucinda a girl then about Six years of age, John a boy
then about four years of age and Texas then a baby about six months
Page 322:
March Term 1858
of age for the Sum of two thousand Dollars then agreed to be paid in
two Several payments of one thousand dollars each with their
provision however in said agreement to the effect that hereas the
said Joseph Montgomery (now dec’d) had before that time
conditionally sold the last named boy to wit John to one Martin
McFerren of Texas (meaning Plaintiff) provided that said McFerren
should come to Missouri and pay the said Joseph Montgomery (now
dec’d) the sum of four hundred dollars on or before the first day of
October 1854 in which event it was agreed that said Joseph C.
Montgomery and L.B. Montgomery was to let Said McFerren have said
boy and the Said Joseph Montgomery now deceased was to give them
credit of Said four hundred Dollars and they were only to pay the
sum of sixteen hundred Dollars for the residue of said negroes – and
that until full payment said Joseph Montgomery dec’d was to hold the
title to Said slaves that Said Joseph Montgomery & L.B. Montgomery
have paid the Said Sum of sixteen hundred dollars according to their
Said Contract that plaintiff did come from Texas and the said Joseph
Montgomery Sold to Said Plaintiff the then negro boy according to
agreement between them made before Said Sale to defendant & Said
L.B. Montgomery – and made a bill of Sale to Plaintiff for said boy
slave whereby he becomes entitled to said negro boy – therefore it
is Considered and adjudged by the court that Plaintiff have and
recover of defendant Joseph C. Montgomery the said negro boy slave
and it is also ordered adjudged and decreed that the said sum of
four hundred Dollars be allowed and Credited on Said agreement and
that the Said agreement be delivered to Said Joseph C. Montgomery &
L.B. Montgomery and that full title to the residue of said negroes
be vested in Said Joseph C. Montgomery and Livingston B. Montgomery
And the parties having agreed that each party pay his own Costs that
have been adjudged against him and the residue of the Costs
Page 323:
March Term 1858
And the costs not adjudged against either – Each party to pay his
own & the residue if any to be paid equally by the parties.
John F.L. Suiter – Plff
vs
Elizabeth A. Suiter – Deft
Petition for Divorce
Now at this day comes the said plaintiff by his attorney and on his
motion It is ordered by the court that an alias writ of Summon be
Issued against Said defendant directed to the Sheriff of any county
in the State of Missouri returnable to the next term of this court.
Thomas W. Freeman circuit attorney being absent It is ordered by the
court that Foster P. Wright be and he is by the court here appointed
circuit attorney protem.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Saturday morning March 6th 1858 court met pursuant to adjournment
Present as on yesterday.
Columbus Hahn and Gilly P. Hahn – Plaintiffs
against
Peter Brown, Andrew Brown, Benjamin Brown, William Brown, John
Brown, Catharine brown, Henry E. Moran and Nancy Moran, John C.
Greenwell and Ruth Greenwell, Milton Williams and Mary Williams,
William Overshiner and Susan Overshiner, Martha Phillips and James
Phillips, John Offutt, Susan Offutt, Nancy Offutt, Catharine Wright,
Andrew Offutt, Margaret Offutt, Ruth Offutt, Edward Offutt,
Page 324:
March Term 1858
William Offutt and Zephiniah Offutt – Defendants
Civil Action to obtain title to real Estate
Now at this day comes again the plaintiffs by their attorney, and it
appearing to the satisfaction of the Court here from the affidavit
of One of plaintiffs filed in this cause that William Offutt and
Zephiniah Offutt two of Said Defendants are not residents of the
State of Missouri It is therefore ordered that this order be
published in the Osceola Independent as the law requires. To William
Offutt and Zephiniah Offutt. You and each of you are hereby
rectified that Columbus Hahn and Gilly P. Hahn have filed their
petition and commenced their Suit in this Court. The object and
general nature of which suit is to Carry into effect an agreement
made with William Brown late of St. Clair County Missouri but now
dec’d in regard to certain lands in said county and to obtain a
Judgment and decree from the Court Carrying out Said agreement and
vesting in plaintiffs a full and complete title to the following
described lands situated in St. Clair County Missouri to wit “The
South West quarter of Section No. 22 and the North West quarter of
North East quarter of Section No. 27 all in Township No. 39 of Range
No. 25 the whole containing 200 acres of land and have said title
vested in plaintiffs free from all Claim by title or interest of
each and every one of said Defendants and particularly of any claim
of you and each of you the said William Offutt and Zephiniah Offutt
as heirs of said William Brown dec’d or in any manner whatever.
John S. Whitley and Mary Whitley his wife, Theodore Moore and Martha
Moore his wife, David Webb and Rachel E. Webb his wife and Jonathan
Roberts and Samuel Roberts By their Guardian John S. Whitley –
Plaintiffs
Exparte
Petition for Partition And Sheriff Deed
Be it remembered that on this day in open court here personally
appeared
Page 325:
March Term 1858
Daniel P. Morgan Sheriff of St. Clair county Mo. and presents to the
court a Deed by him Executed as Such Sheriff conveying to James W.
Beck all the right title interest and Estate of the said parties to
Said proceedings in and to the following described real Estate to
wit The North half of Lots No. one and two of the South west quarter
of Section No. 18 in Township No. 37 of Range No. 26 containing 81
86/100 acres lying and being in the county of St. Clair and State of
Missouri sold by him under an order of this court for partition And
then and there before said Judge and court acknowledge the same to
be his act and deed for the uses and purposes therein contained.
John T. McClain assignee of Corbin and Barnes – Plff
vs
John F. Weidemeyer – Deft
Civil Action
Now at this day comes again the said parties by their attorneys and
both parties being ready for trial and neither party requiring a
Jury but respectively waiving the same the trial of Said cause was
by the parties Submitted to the Court whereupon the court after
hearing the evidence doth find a verdict for the said plaintiff and
doth assess his damages at the Sum of one hundred and Sixty five
dollars and ninety cents It is therefore considered by the court
here that said plaintiff have and recover against said defendant the
said Sum of $165.90 cents for his damages so assessed by the court
as aforesaid together with his costs in this behalf laid out and
Expended and that Execution Issue therefor. And thereupon the Said
defendant by his attorney files herein his motion for a new trial in
this cause which said motion being by the court Seen heard and fully
understand is by the court overruled whereupon the said defendant
Excepts to
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March Term 1858
the decision of the court in overruling his Said motion and presents
to the court his bill of exceptions which is by the Judge of this
court Signed and sealed and filed herein.
James C. Hinkle, Elijah Hinkle, Manville D. Hinkle, Francis McGuire,
Thomas McGuire, Robert L. Hopkins and Elizabeth Hopkins, Abigail
Hinkle and Elizabeth Hinkle – Plffs
against
Russell G. Cole and Emily Cole – Defts
Petition for Partition & Sheriffs Report of Sale & Deed
Be it remembered that on this day in open court here before the
Judge of this court personally appeared Daniel P. Morgan Sheriff of
St. Clair county Mo. and presents to the court his report of the
Sale of the real Estate belonging to said parties which is by the
court approved and ordered to be filed And thereupon Said Sheriff
presents to the court a deed by him executed as such Sheriff
conveying to Henry Pollard all the right title interest claim Estate
and property of said parties in and to the SW frl qr of Section No.
6 in Township No. 38 of Range No. 24 Containing 205 12/100 And the
SE frl qr of Section No. one in Township No. 38 of Range No. 25
Containing 107 67/100 acres Situated in St. Clair County Missouri
And then and there before Said Judge and court acknowledged the same
to be his act and deed for the uses and purposes therein contained.
Lewis Metcalf and Nancy Metcalf his wife late widow of James Beale
Dec’d, Martha Ann Beale, Harriett Catharine Beale, Elizabeth Frances
Beale, Sarah Caroline Beale and
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March Term 1858
John Daniel Beale by their Guardian Lewis Metcalf
Exparte
Petition for Partition and Sheriffs Report of Sale and Deed
Be it remembered that on this day in open court here before the
Judge and Court personally appeared Daniel P. Morgan Sheriff of St.
Clair County Mo. and presents to the court his report of the Sale of
the real Estate belonging to said parties which is by the court
approved and ordered to be filed And thereupon Said Sheriff presents
to the court a deed by him executed as Such Sheriff conveying to
Lewis Metcalf all the right title interest claim & Estate of Said
parties in and to the W ½ of SW qr of Section No. 27 and the NW qr
of the NW qr of Section No. 34 all in Township No. 37 of Range No.
27 containing in all 200 acres of land lying and being in the county
of St. Clair & State of Missouri And then and there before Said
Judge and Court acknowledged the Same to be his act And deed for the
uses and purposes therein contained.
William A. Radford and Emeline Radford his wife, Caroline A. Sweeney
and Mary F. Sweeney by their guardian William A. Radford
Exparte
Petition for Partition And Sheriffs Report of Sale and Deed
Be it remembered that on this day in open court here before the
Judge and Court personally appeared Daniel P. Morgan Sheriff of St.
Clair County Mo. and presents to the court his report of the sale of
the real Estate belonging to Said parties which is by the court
approved and ordered to be filed And thereupon Said Sheriff presents
to the Court a deed by him executed as such sheriff Conveying to
Peyton P. Rowton all the right title interest claim & Estate of Said
parties in and to the W ½ lots 8 & 9 of NW frl qr Sec. No. 5 T 39 R
25
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March Term 1858
Containing in all 72 49/100 acres of land lying being in the county
of St. Clair and State of Missouri. And then and there before said
Judge and court acknowledged the same to be his act and deed for the
uses and purposes therein contained.
William Ludwick
vs
Henry Loutsonhizer & George Klepinger & Maria Klepinger his wife
Civil Action to correct mistake for Quieting title to land
Now at this day comes again here into Court the said plaintiff by
his attorney and said defendants being three times solemnly Called
comes not but make default and the plaintiff by his attorney moved
that the Judgment by default made at the last term of this Court be
made absolute and final at this term. And the Court here after
hearing the evidence on the part of the plaintiff in said cause and
said plaintiffs petition and said Judgment by default & the
defendants having failed to appear and Show Cause why said Judgment
and decree Should not be made absolute and final and the premises
being seen and heard and fully understood by the court here the
court here doth adjudge and decree that the Judgment and decree made
at the last term of this court be and is hereby made absolute and
final and that all the right title claim and interest of Each and
all of said defendants in and to all that certain piece or parcel of
land Known and described as the South West quarter of Section No.
thirty five in Township No. thirty nine in Range No. twenty seven
Containing 160 acres of land lying and being in said County of St.
Clair in the State of Missouri, be divested from them and vested in
fee simple in said plaintiff his heirs and assigns forever and that
the deed to said land from the said defendant Henry Loutsanhizer to
the said George Klepinger be corrected so as to convey all the right
and title that the said Loutsonhizer had in and to said land to the
said Klepinger & his assigns
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March Term 1858
according to this decree, and that this decree to the same land from
the said defendant George Klepinger and Maria his wife be corrected
so as to convey all the right and title that they had to said land
to said plaintiff his heirs and assigns forever and that said
plaintiff recover his costs in this behalf laid out and Expended
against the said Loutsonhizer and that he have therefor Execution.
The Grand Jury again returns into Court here and by their foreman in
presence of the whole body of Grand Jurors presents to the court the
following Bills of indictment To wit
1 One against [space] for felonious Assault
2 One against [space] for maiming wounding
3 One against Christian Hoover for dealing with a slave.
4 One against Stanhope McCummins for failing to keep road in repair.
5 One against Alexander B. Robinson for failing to Keep road in
repair.
6 One against William Robinson for selling liquor without license.
7 One against William Robinson for unlawfully selling Lottery
Tickets
8 One against George W. Short for obstructing road
9 One against [space] for felonious Assault
10 one against [space] for felonious assault
11 one against [space] for felonious assault
12 one against Isaac McConnell for dealing in Lottery Tickets
13 One against Isaac Copenhaver, Austin Moore & Matthew Robinson for
running horses on highway
And having no further business before them were by the Court
discharged.
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March Term 1858
On motion of the circuit attorney who prosecutes for the State of
Missouri. It is ordered by the court that Capias writs be Issued on
all Indictments found at this term of this Court directed to the
Sheriff of the proper County returnable to the next term of this
Court.
It is ordered by the court that all causes and proceedings not
otherwise disposed of be continued until the next term of this
court.
Ordered that Court adjourn until Court in Course. De Witt C. Ballou
Circuit Judge
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