St. Clair County Circuit Court
Microfilm Transcripts

MARCH TERM 1859

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March Term 1859

At a circuit court begun and held at the courthouse in this the Town of Osceola within and for the country of St. Clair and State of Missouri on Monday the seventh day of March AD 1859 Present
Foster P. Wright Judge
James W. Beck Clerk
Robert P. Cocke Sheriff
Thomas W. Freeman Circuit Attorney

The Sheriff of St. Clair county Mo Returns into court here the list of Jurors by him Summoned to this term of this court as follows To wit
From Washington Township – Thomas Piper, William Dudley, Hezekiah Thompson, Jacob Coonce, Alfred L. Gash, Hugh Hall and James H. Sims.
From Speedwell Township – Lafayette F. Willingham, Alexander McWilliams, Alexander Ward, George Preston, Peter Stephens, Matthew Robinson and John Burch.
From Monigan Township – Baldwin Dade, Paris Sims, Audrean Matthews, Joseph S. Herndon, Calvin Parks, John Bedell and James F. Holland.
From Polk Township – Jefferson Cummins, William H. Murphy, Edmund Nancy, Anthony N. Hester, Mark Renfrow and Isaac Rogers.
From Jackson Township – Joseph M. Bernard, John G. Howard, William Brown, Thomas F. Wright and James D. Gray.
From Osceola Township – Daniel Cline, Joseph W. Cox & Joshua W. Ellis, Joseph Culbertson, John Humphreys, John C. Bunch, Thomas A. Peebly and Joseph Hannah.
Whereupon the Clerk of this court in presence of the court administered to the Sheriff and deputy Sheriff of said County the oath required by law to be taken

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by them in rotation Summoning and returning Jurors. And thereupon proceeded to ballot for the names of persons to compose the Grand Jury and the following named were Severally drawn To wit:
From Polk Township – Anthony N. Hester who was by the court appointed Foreman and Mark Renfrow – 2
From Osceola Township – John Humphreys, John C. Bunch and Thomas A. Peebley – 3
From Monigan Township – Paris Sims, Andrew Matthews and John Bedell – 3
From Speedwell Township – Matthew Robinson, John Burch and Peter Stephens – 3
From Washington Township – James H. Sims, Hezekiah Thompson and William Dudley – 3
From Jackson Township – William Brown and Thomas F. Wright – 2
Sixteen good and lawful men who were duly Sworn and impannelled as a grand inquest for the State of Missouri 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.

For good and Sufficient cause to the court here produced It is ordered by the court that Baldwin Dade and Isaac Rogers be excused and released from further Serving as Jurors at this term of this court.

Joseph W. Cox
vs
Robert P. Cocke Sheriff of St. Clair county Mo
Petition to stay sheriff sale of real estate
In the matter of Jesse Fowler against Ellen Wyatt and others upon

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on order of sale of the lands belonging to the Estate of Sanders Wyatt Deceased made and petition and partition of said lands made because Said lands could not be divided in Kind without great prejudice to the owners.
Now at this day comes the said Joseph W. Cox as well as the said Robert P. Cocke Sheriff as aforesaid and thereupon the Said Joseph W. Cox files and presents to the court here his petition Stating among other things that he has a Judgment against the estate of the said Sanders Wyatt which Judgment amounts to the Sum of Two hundred and Twenty Dollars and Seventy two cts And that there is not sufficient personal estate or other means to pay said Judgment except the Said real estate of the said payment And It appearing that said petition may be in danger of losing his said payment if said Sale Should be made at this term of this court and the Said Joseph W. Cox having filed herein his bond in the sum of Five hundred dollars with Gilbert Nash & John Williams as Security which is approved by the court Therefore it is ordered adjudged and decreed that the said Robert P. Cocke Sheriff as aforesaid be restrained from Selling said lands or any part thereof until the next term of this court and until the further order of this court.

Susan E. Hawkins – Plff
vs
Thomas G. Smith – Deft
Civil Action
Now at this day comes the said Plaintiff and files herein her writing dismissing said action at her costs Sit is therefore considered by the court that the said defendants have and recover against the said Plaintiff his costs and charges in this behalf

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laid out and expended and that execution Issue therefor.

State of Missouri
vs
Joseph Duckworth
Indictment for Public 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 in his own proper person And thereupon the said Defendant for his plea in this behalf Says he is Guilty in manner and form as charged against him in Said Indictment and for his punishment puts himself upon the mercy of the Court Whereupon the court doth assess said punishment at a fine of one dollar It is therefore considered by the Court 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 laid out and expended and that Capias execution Issue therefor and that Said defendant remain in custody of the Sheriff until said fine and costs be satisfied.

Penelope Locke – Plff
vs
Christian Hoover – Deft
Civil action
Now at this day comes the said defendant by his attorney and by leave of the court files herein his answer and also an offer to let said plaintiff take Judgment for the full amount of the said note Sued on and legal interest thereon after deducting the Sum of Seventy three dollars.

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John J. Aggater – Plff
vs
Daniel B. Kidd and Oscar F. Keller – Defts
Now at this day comes the said defendant Oscar F. Keller by his attorney and by leave of the court files herein his demurrer to said plaintiffs petition.

James H. Justus having produced to the court good and Sufficient cause for failing to appear at the last term of this Court as a Juror Is by the court excused for said failure.

State of Missouri – Plff
vs
Jordan Hill – Deft
Indictment for Gaming & Change of Venue from Polk County
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 for his plea in this behalf the said defendant says he is guilty in manner and form as charged, against him in Said Indictment and for his punishment puts himself upon the mercy of the court Whereupon the court doth assess said punishment at a Fine of Ten dollars
It is therefore considered by the court that the Said State of Missouri have and recover of the said defendant the said sum of Ten dollars for her fine so assessed by the court as aforesaid together with her costs and charges in this behalf laid out and expended and that said defendant remain in custody of the Sheriff of St. Clair county until said fine and costs are satisfied.

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State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for Selling liquor without License No. 2
Change of Venue from Polk County
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 by attorney and for his plea in this behalf the said defendant says he is not Guilty in manner and form as charged against him in said indictment and for his trial puts himself upon the country And the circuit attorney for the State of Missouri doth the like And thereupon comes a Jury To wit Joshua W. Ellis, Joseph Hannah, Alexander McWilliams, Lafayette F. Willingham, Alexander Ward and George Preston Six good and lawful men elected and agreed upon as a sufficient Jury to try this cause who were duly Sworn to well and truly try the Issue in this cause Joined who after hearing the evidence and being out a reasonable length of time and being unable to agree upon a verdict were by the court adjourned until 8 oclock tomorrow morning under the usual charge of the court.

Thomas Hollenbach – Plff
vs
B.F. Ruark – Deft
Civil action and attachment
Now at this day comes the said defendant by his attorney and by leave of the court files herein his plea in the nature of a plea in abatement to the affidavit of said plaintiffs.

Ordered that Court adjourn until tomorrow morning 8 oclock. F.P. Wright Cir Judge

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Tuesday Morning March 8th 1859 Court met pursuant to adjournment Present as on yesterday.

State of Missouri – Plff
vs
William Robinson – Deft
Indictment for unlawfully Selling Lottery tickets
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 by attorney and for his plea in this behalf the said defendant says he is not guilty in manner and form as charged against him in Said Indictment And for his trial puts himself upon the Country and the Circuit Attorney for the State of Missouri doth the like And thereupon comes a Jury To wit Joseph M. Bernard, Joseph S. Herndon, Calvin Parks, James F. Holland, Thomas Piper, Joseph Hannah, Joshua W. Ellis, Lafayette F. Willingham, Picerious J. Gibbons, Daniel Cline, John C. Greenwell and John b. Cox twelve good and lawful men Elected 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 Not Guilty. Jos. S. Herndon 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.

John J. Howard, Edmund Nance and James D. Gray being called as Jurors and failing to answer or appear to said call

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It is ordered by the court that all of said Jurors be required to Appear and Show cause for said failure if any they can that they be notified to appear before this court on the first day of the next term.

The Sheriff of St. Clair county by order of the court to Summon Three sworn Jurors to serve at this term until discharged by the court Summoned and returned the names of the following persons To wit William L. King, Preston Gordon and Picerious J. Williams to serve as such Jurors.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for selling liquor without License No. 2
Now at this day comes again 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 by attorney and also the Jury Sworn on yesterday returns into court here and thereupon the said defendant Says he will not further contend with the said State of Missouri in this case but admits that he is Guilty in Manner and form as charged against him in Said Indictment and for his punishment puts himself upon the mercy of the court whereupon the court doth assess said punishment at a fine of Twenty Dollars. It is therefore considered by the court that the said State of Missouri have and recover against the said defendant the said Sum of $20.00 for her fine so assessed by the court as aforesaid together with her costs and charges in this behalf laid out and expended and that Capias execution Issue therefor and that Said Defendant render himself in execution. And the

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Said Jury Sworn to try this cause is by the court discharged. And thereupon by agreement of the parties It is considered and ordered by the Court that the forfeiture of the recognizance of said Defendant Entered in this cause by this court at the last Term of the court be Set aside at the defendants costs It is therefore considered by the court that the Said State of Missouri have and recover against the said defendant her costs and charges laid out and expended in and about the forfeiture of said recognizance. And that execution Issue therefor.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for Selling liquor without license No. one
Changes of venue from Polk County
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 for his plea in this behalf the said Defendant Say he is guilty in manner and form as charged against him in said Indictment and for his punishment puts himself upon the mercy of the court whereupon the court doth assess punishment at a Fine of Twenty Dollars. It is therefore considered by the Court that the said State of Missouri have and recover against the said defendant the said Sum of $20.00 for her fine so assessed by the court as aforesaid together with her costs and charges in this behalf laid out and expended and that capias execution Issue therefor And that said defendant render himself in execution And thereupon by agreement

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of said parties It is ordered by the court that the forfeiture of the recognizance of said defendant Entered in this cause at the last term of this court be set Aside at the costs of Said defendant It is therefore considered by the court that the said State of Missouri have and recover against the said defendant her costs and charges in this behalf laid out in and about the forfeiture of Said recognizance And that execution Issue therefor.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for selling liquor without license No. 3
Changes of Venue from Polk County
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 thereupon the said circuit attorney for the State of Missouri Says he will not further prosecute Said indictment against said defendant 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 And thereupon by agreement of said parties It is ordered by the court that the forfeiture of the recognizance of said defendant entered in this court at this last term of this court be set aside at the costs of said defendant It is therefore considered by the court that the said State of Missouri have and recover against the said defendant her costs and charges in this behalf laid out in and about the forfeiture of said recognizance and that Execution Issue therefor.

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March Term 1859

State of Missouri – Plff
vs
Jordan Hill – Deft
Indictment for Gaming & Forfeiture of recognizance
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 by attorney And thereupon by agreement of the parties It is ordered by the Court that the forfeiture of the recognizance of said defendant entered by this court at the last term of the court in this case be set aside upon payment of the costs attending said forfeiture It is therefore considered by the court that the said State of Missouri have and recover against the said Defendant her costs in this behalf laid out and expended and in and about the forfeiture of his said recognizance and that Execution Issue therefor.

State of Missouri – Plff
vs
John C. Chitty – Deft
Execution on Judgment on Indictment for Selling Liquor without license
On motion of the circuit attorney who prosecutes for the State of Missouri in this behalf and on his motion It is ordered by the court that an alias writ of execution with Capias Clause be Issued against said defendant in Said cause directed to the Sheriff of Polk County Mo returnable to the next term of this court.

State of Missouri
vs
William Addington
Indictment for public Indency
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 his attorney and for his plea in this behalf

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Says he is not guilty as manner and form as in said Indictment is charged against him and for his trial puts himself upon the country and the circuit attorney for the State of Missouri doth the like And thereupon Comes a Jury To wit Hugh Hall, Alexander McWilliams, George Preston, Preston Gordon and Alfred L. Gash Five good and lawful men Elected and agreed upon as a Sufficient Jury to try this case who being duly Sworn to well and truly try the Issue in this cause Joined and after hearing the evidence returned into court here the following verdict to wit “We the Jury find the defendant Not guilty. George Preston 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
Stanhope McCommons – Deft
Indictment for failing to Keep road in repair
On motion of the circuit attorney who Shows to the court here that Henry Pollard a witness on the part of the State in this cause who has been duly Summoned has failed to appear at this term of this court It is therefore considered and ordered by the court that a writ of attachment be Issued against the said Henry Pollard returnable to the next term of this court until which time said cause Is by the court continued.

State of Missouri – Plff
vs
William Robinson – 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 by attorney and for his plea in this behalf says he is not guilty in manner

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and form as in said indictment is charged against him and for his trial puts himself upon the Country and the circuit attorney doth the Like and thereupon comes a Jury Towit: James F. Holland, Joseph Culbertson, Joshua W. Ellis, Calvin Parks, Lafayette F. Willingham, Picerious J. Gibbens and Daniel Cline Seven good and lawful men Elected and agreed upon by the parties as a Sufficient Jury to try this cause who were duly Sworn to well and truly try the Issue in this cause Joined and after hearing the evidence returned into court the following verdict to wit “We the Jury find the defendant not guilty. L.F. Willingham 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
Benjamin F. Copenhaver – 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 in his own proper person and by attorney and thereupon 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 circuit attorney for the State of Missouri doth the like And thereupon comes a Jury To wit: William H. Murphy, Joseph M. Barnard, Joseph S. Herndon, Calvin Parks, Jacob Coonce, Thomas Piper, James F. Holland, Picerious J. Gibbons, Hugh Hall, Daniel Cline, James H. Justus and John C. Greenwell Twelve good and lawful men Elected and duly sworn to well and truly try the Issue in this cause Joined who after

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hearing the evidence and being out a reasonable length of time and failing to agree on a verdict were by the court adjourned until tomorrow morning 8 oclock under the usual charge of the court in custody of the Sheriff.

Ordered that court adjourn until tomorrow morning 8 oclock. F.P. Wright Cir Judge

Wednesday morning March 9th 1859 Court met pursuant to adjournment Present as on yesterday.

State of Missouri – Plff
vs
Benjamin F. Copenhaver – Deft
Indictment for felonious Assault
Now at this day comes again 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 by his attorney and the Jury Sworn on yesterday to try the Issue in this cause returned into court here the following verdict To wit “We the Jury find the defendant Guilty in the Indictment and assess the fine to one hundred dollars. Hugh Hall foreman” It is therefore considered by the court that the Said State of Missouri have and recover of the Said defendant the said Sum of one hundred Dollars for her fine So assessed by the Jury as aforesaid together with her costs and charges in this behalf laid out and Expended And that capias Execution Issue therefore And that said defendant render himself in execution therefor.

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Alexander R. Pearson – Plff
vs
Samuel Bryson – Deft
Civil action
Now at this day comes the said parties by their attorneys and by leave of the Court the said Defendant files herein his answer to said plaintiffs petition And the Judge of this court having been counsel for Said plaintiff in this cause for that reason It is considered and ordered by the court that a change of venue be and the same is by the court here awarded and ordered in this cause to the circuit court of Dade County in the thirteenth Judicial circuit in the State of Missouri.

Preston Gordon and James M. Brackenridge Admr’s of the Estate of James Orr Dec’d
vs
Felix Hunton and John T. McClain
Civil action
Now at this day comes the said parties by their attorneys and thereupon the said defendant filed his motion by his attorney asks leave to file his answer to said plaintiffs petition in vacation of court and said motion being by the court heard and understood is by the court Overruled because no cause is Shown to the court here.

State of Missouri – Plff
vs
James McClure and John Mitchell – Defts
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 Defendants in their own proper persons and by their attorneys And thereupon the said defendants asks a severance upon the trial of said Indictment

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which is by the court here granted.

State of Missouri – Plff
vs
Lafayette Preston – Deft
Indictment for felonious Assault
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 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.

Edmund Nance appeared in court and for good Cause to the court here Shown he is by the court excused for failing to appear as a Juror server at this term of this court.

State of Missouri – Plff
vs
John Mitchell – 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 in his own proper person and also by attorney 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 circuit attorney for the State of Missouri doth the like And thereupon comes a Jury To wit: Jacob Coonce, Thomas Piper, Joseph S. Herndon, James F. Holland, William H. Murphy, Picerious J. Gibbons, Joseph M. Bernard, Daniel Cline, Joshua W. Ellis, John B. Cox, James H. Justus and John C. Greenwell twelve

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good and lawful men Elected 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 the manner and form as stands charged in the Indictment and assess the punishment at a fine of One hundred dollars. J.W. Ellis foreman” It is therefore considered by the Court that the Said State of Missouri have and recover of the said defendant John Mitchell the Said Sum of One hundred dollars for her fine So assessed by the Jury as aforesaid together with her costs and charges in this behalf laid out and expended. And that he be held in custody of the Sheriff until Said fine and costs be satisfied And that Capias Execution Issue therefor.

State of Missouri – Plff
vs
George W. Preston – Deft
Indictment for Assault with intent to Kill
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 by attorney And for his plea in this behalf the said defendant 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 circuit attorney for the State of Missouri doth the like And both parties being ready for trial Comes a Jury To wit: Calvin Parks, Joseph Hannah, Alexander McWilliams, Francis M. Hicks, James Rentfro, Joseph Barnett, Snoden T. Morris, William Prince, John Dawson, Charles Boyles,

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George L. Yeater and William T. Seal twelve good and lawful men elected 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 he stands charged in the indictment and assess his punishment At a fine of One hundred dollars. S.T. Morris foreman” It is therefore considered by the court that the said State of Missouri have and recover of the said defendant George W. Preston the Said Sum of One hundred dollars for her fine So assessed by the Jury as aforesaid together with her costs in this behalf laid out and expended and that Execution Issue with capias clause therein and that said defendant render himself in execution therefor.

State of Missouri – Plff
vs
James McClure – Deft
Indictment for Felonious assault
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 against the Said defendant 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.

Thomas Peery & others
vs
Thomas H. Bristow & others
Petition for partition & sale of real Estate
Now at this day comes the Said Plaintiffs by their attorney and suggests to the court that the said defendants, Thomas H. Bristow, William P. Bristow, Thomas P. Bristow

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and Martha Brockus are Minors under the age of Twenty one years whereupon It is ordered by the court that William A. McClain be appointed Guardian Adlitem for said minors And the Said William A. McClain being in court here consents to act as guardian Adlitem for said minors and thereupon by leave of the court files herein the answer of said minors to said plaintiffs petition.

State of Missouri – Plff
vs
Richard Wood & William Wilkinson – Defts
Indictment for disturbing religious worship
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendants in their own proper persons and by their attorneys. And for their plea in this behalf say they are not guilty in manner and form as in Said indictment stands Charged against them and for their trial put themselves upon the country and the circuit for the State of Missouri doth the like and all parties being ready for trial comes a Jury To wit: Alfred L. Gash, Hugh Hall, Edmund Nance, Thomas Piper, Joseph S. Herndon, James F. Holland, William H. Murphy, Picerious J. Gibbons, Joseph M. Bernard, Daniel Cline, Joshua W. Ellis and John C. Greenwell twelve good and lawful Men Elected and Sworn to well and truly try the Issues in this cause Joined And afterwards by Consent of the parties Thomas Piper one of the Jurors sworn was excused from serving on said Jury And after hearing this evidence the Jury returned into court the following verdict to wit “We the Jury find the defendant William Wilkinson guilty in manner and form as he stands Indicted and assess his punishment to a fine of Five Dollars. Edmund Nance foreman” And being unable to agree upon a

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verdict as to the defendant Richard Woods were by the court adjourned until tomorrow morning 8 oclock under the usual charge of the court. It is therefore considered by the court that the Said State of Missouri have and recover against the said defendant William Wilkinson the said Sum of Five dollars for her fine so assessed by the Jury as aforesaid together with her costs and charges in this behalf laid out and expended on account of Said Defendant William Wilkinson and that Capias execution Issue therefor and that Said Defendant render himself in execution therefor. And said cause is by the court continued until tomorrow as to the said defendant Richard Wood.

Ordered that court adjourn until tomorrow morning 8 oclock. F.P. Wright Cir Judge

Thursday morning March 10th 1859 court met pursuant to adjournment present as on yesterday.

On motion of Waldo P. Johnson It is ordered by the court that Thomas H. Richardson be permitted to Sign the roll of practicing attorneys in this court.

State of Missouri – Plff
vs
William B. Robinson – Deft
Indictment for obstructing Road
Now at this day come the Circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said Deft in his own proper person and by attorney and for his plea in this behalf the said defendant says he is not guilty in manner and form as Stands charged against him in Said Indictment And by agreement of the Said

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parties the trial of this cause is Submitted to the court Whereupon the court after hearing the evidence doth find the said defendant not Guilty in manner and form as charged against him in Said Indictment. 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
Richard Wood – Deft
Indictment for disturbing religious worship
Now at this day comes again the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said Defendant Richard G. Wood in his own proper person and by attorney And the Jury sworn on yesterday to try this cause again returns into court here and still failing to agree upon a verdict in this case as to the defendant Richard Wood were by the court discharged And the reason the said Trial of this cause is by the Jury Submitted to court It is therefore considered by the court that the Said State of Missouri have and recover against the said defendant Richard Wood the said sum of one dollar for her fine So assessed by the court as aforesaid together with her costs in this behalf laid out and expended in and about said Indictment on account of the said Richard Wood And that capias execution Issues therefor and that said defendant render himself in execution therefor.

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Joshua W. Ellis and Edmund Nance for good cause and by the court excused from further Service as Jurors at this term of this court.

State of Missouri – Plff
vs
William Duckworth – Deft
Indictment for dealing with a Slave
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 the Indictment against the said defendant 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
Cain Kitterman – 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 defendant alleging that he is unable to employ counsel to defend him in this case Whereupon the court appoints William A. McClain attorney at law to defend the said defendant in this cause And thereupon the Said defendant by his attorney moves the court to quash said Indictment which said motion being by the court heard and fully understood is by the court overruled And thereupon the said defendant Says he will not further contend with the said State in this case but admits that he his guilty in Manner and form as in said Indictment is charged against him and for his punishment puts himself upon the

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mercy of the court whereupon the court doth assess his Said punishment at a fine of Twenty Dollars. It is therefore considered by the court that the 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 her costs in this behalf laid out and expended and that the 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.

John F. Weidemeyer – Plff
vs
John F. Thompson – Deft
Civil action
Now at this day comes the said parties by their attorneys and by leave of the court the Said defendant files herein his answer to said plaintiffs petition And thereupon the said Plaintiff by leave of the court files herein his Motion to Strike out Said defendants answer And the Judge of this court having been counsel for said Plaintiff in this cause for that reason It is ordered by the court that a change of venue be awarded in this cause to the circuit court of Dade county in the thirteenth Judicial circuit in the State of Missouri.

Joseph Woods – Plff
vs
Daniel P. Todd – 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: Calvin Parks, Preston Gordon, William L. King, Lafayette F. Willingham, Jefferson Cummins, George Preston, Hugh Hall, Joseph S. Herndon, Joseph W. Cox, Jacob Coonce, James F. Holland and William H. Murphy twelve good and lawful men elected

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and duly sworn to well and truly try the Issues in this cause Joined And the said Defendant by his attorney asks leave of the court to amend his answer to said plaintiffs petition to which the plaintiff by his attorney objected which objection was by the court overruled and by leave of the court said Defendant amends his said answer by inserting therein between the words Says – and that – the words “that this is the same horse in controversy” – And thereupon the said plaintiff by leave of the court files herein his motion to Strike out said answer which said motion being seen heard and fully understood by the court is by the court overruled and by agreement of the parties Joseph W. Cox one of the Jurors Sworn in this cause is by the court excused from serving on Said Jury and the remaining Jurors by agreement of the parties authorized to try this cause who after hearing the evidence returned into court here the following verdict To wit “We the Jury find for the defendant. George Preston foreman” It is therefore considered by the court that the said defendant have and recover against the said Plaintiff his costs and charges in this behalf laid out and expended and that execution Issue therefor.

William L. Vaghan & Waldo P. Johnson – Plffs
vs
Charles H. Yeater – Deft
Civil Action
Now at this day comes the said parties by their attorneys And by leave of the court the said Defendant files herein his offer in writing to let Plaintiff take Judgment in said cause for the Sum of Ninety six dollars And by agreement of the parties Defendant is granted

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leave to file his answer to said plaintiffs petition in vacation of court ninety days before the first day of the next term of this court.

State of Missouri – Plff
vs
Josiah C. Culbertson – Defts
Indictment for failing to keep road in repair
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 by attorney and both parties being ready for trial by consent of said parties the trial of this cause is Submitted to the court. Whereupon after hearing the evidence the court doth find the said defendant not guilty in manner and form as in Said indictment is charged against him 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.

The Grand Jury returns into court here and by their foreman in presence of the whole body of Grand Jurors presented the following bills of Indictment To wit
one against Joseph Duckworth for dealing with a slave.
one against Benjamin Duncan for Selling liquor without license.
one against James Nelson for Selling liquor without license.
one against William C. Rentfro for failing to Keep road in repair.
One against (space) for Bigamy.
one against (space) for maiming wounding.
And having further business before them again retired to consider of their further presentments and indictments.

On motion of the circuit attorney who prosecutes for the State of Missouri It is ordered by the

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March Term 1859

court that capias Writs be Issued on all indictments this day returned by the Grand Jury directed to the Sheriff of the proper county returnable to the next term of this court.

It is ordered by the court that Joseph M. Bernard be released and discharged from further Service as a Juror at this term of this court.

John Dorchester – Plff
vs
Spencer T. Corbin & Christopher C. Corbin – Defts
Civil action on note & mortgage
Now at this day comes again the said plaintiff by his attorney and the said defendant being three times Severally called comes not but makes default again and there being no answer filed to said plaintiffs petition or cause Shown to set aside the payment by default ordered by the Court at the last term of the court whereupon Said Judgment by default is by the court here ordered final and this action being founded on a promissory note for the direct payment of money whereby the amount may be ascertained And the plaintiff waiving a Jury the trial of this cause as to damages is by Said plaintiff submitted to the court whereupon the court after hearing the evidence doth find that there is due from said defendants to said Plaintiffs on said note as principal and interest the sum of Seven hundred and Twenty five Dollars and four cents and for which said Mortgage deed was executed as mentioned in said plaintiffs petition to Secure the payment of said debt. And It further appearing to the court here from the evidence that Said defendant Christopher C. Corbin on the 5th day of February 1858 executed the mortgage deed to the said John Dorchester for the North West qr of North East qr and North East qr of South West

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March Term 1859

and the North West qr of Section No. 35 in Township No. 38 of Range No. 25 containing Two hundred and forty acres more or less and that said mortgage deed was executed to Secure the payment of the said Sum of Money Mentioned in said promissory note and that the said Sum of $725.00 So secured by said Mortgage upon said promises remains Still due and unpaid to Said plaintiff Now in consideration of the premises the court here doth order adjudge and decree that the Said plaintiff have and recover against the said defendants the said Sum of Seven hundred and twenty five Dollars and four cents together with his costs in this behalf laid out and Expended and that the equity of redemption in Said mortgage be foreclosed and that Said Sum of $725.00 be levied of Said real Estate mentioned in said mortgage and that the same be sold to satisfy the amount due as aforesaid and costs And if said mortgaged property be not Sufficient to Satisfy said debt and costs that the residue be levied of other goods and Chattels lands and tenements of the Said defendants and that execution Issue therefor.

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State of Missouri – Plff
vs
Wilson Y. Taylor, Henry E. Moran, Elijah Hinkle, Columbus Hahn, James C. Hinkle – Defts
Forfeiture of Recognizance
Now at this day comes the Said defendants Henry E. Moran, Elijah Hinkle, Columbus Hahn and James C. Hinkle by their attorney and by leave of the court files herein their plea in this cause And this cause is by the court continued until the next term of this court.

Ordered that court adjourn until tomorrow Morning 8 oclock. F.P. Wright Cir Judge

See Circuit Court Record Volume B

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