St. Clair County Circuit Court
Microfilm Transcripts

SEPTEMBER TERM 1858

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September 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 6th day of September AD 1858 Present
De Witt C. Ballou, Judge
James W. Beck Clerk
Robert P. Cocke Sheriff
Thomas W. Freeman Cir atty

The Sheriff of St. Clair returns into Court the venire facias and list of Jurors Summoned to this term of this court as follows To wit
From Osceola Township – James Evans. William Barnett, James McKinley. Richard Weldon. William F. Crenshaw. David A. Bunch. John J. Scott and James Justus.
From Monigan Township – Enoch B. Bunch. Noah S. Caton. James Rickey. Andrew Yonce, William Nichols, James M. Hoover, Ira Ledbetter, Theoderick Snuffer and Gideon Davis.
From Speedwell Township – Lafayette F. Willingham. James M. Brackenridge, James Anderson, Robert G. Crockett, John H. Dice, William A. Mitchell and David Webb.
From Washington Township – John H. Choice, Francis Yoast, Alburn Ayres, Jacob W. Roe, Garner Phillips, John Sims and Casper M. Keller.
From Polk Township – Bennet Pitt, Hardin Meeks, Elisha Bridges and James Cauthon.
From Jackson Township – John M. Amlin, Elijah L. Harper, Richard Garrison, Jesse Looney and Albert G. Gardner.
Whereupon the clerk of this court in the presence of the court proceeded

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to ballot for the names of persons to compose the Grand Jury from which it appeared that the following names were drawn To wit
From Monigan Township – Ira Ledbetter who was by the court appointed foreman. And James Rickey and Theoderick Snuffer.
From Osceola Township – Richard Weldon, James McKinley and James Evans.
From Speedwell Township – Adam Huffman, David Webb and James M. Brackenridge.
From Washington Township – John Sims, John H. Choice and Francis Yoast.
From Polk Township – James Cauthon and Elisha Bridges.
From Jackson Township – Albert G. Gardner and Elijah L. Harper.
Sixteen good and lawful men who were duly sworn and impannelled as a Grand Jury 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.

James Justus, Lafayette F. Willingham and Alburn Ayers having failed to appear in court to serve as Jurors at this term of this court in obedience to the summon served on them by the Sheriff of St. Clair county It is ordered by the court that they be notified to appear at the next term of this Court to answer for a contempt of court in failing to obey said summon.

Jacob W. Roe for good cause is by the court excused from Serving as a Juror at this term of this court.

John J. Scott for good cause is by the court excused from serving as a Juror at this term of this court.

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State of Missouri – Plff
vs
Christian Hoover – 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 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 against Said Defend’t 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 Christian Hoover the Said Sum of $1. for her fine so assessed by the court as aforesaid together with her costs in this behalf laid out and expended And that Execution Issue therefore with capias clause.

State of Missouri – Plff
vs
Isaac Copenhaver, Austin Moore and Matthew Robinson – Defts
Indictment for running horses on highway
Now at this day comes the circuit attorney who prosecutes for the State of Missouri as well as the said Defendants each in his own proper person And the said defendants for their plea Severally say that they are all 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 against Said defendants a fine of Five Dollars each. It is therefore considered by the Court that the Said State of Missouri have and recover against the Said defendants Isaac Copenhaver, Austin Moore and Matthew Robinson each the said Sum of Five Dollars for her fine

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So assessed by the court as aforesaid together with her costs in this behalf laid out and expended And that Execution with capias clause Issue therefor.

State of Missouri – Plff
vs
William Addington – Deft
Indictment for open & Notorious indecency & scire facias on 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 both parties waiving the formality of pleadings in Such cases and the court having heard the Evidence offered doth consider and order that the forfeiture of the recognizance of said Defendant entered by the court at the last term of this court against the said Defendant William Addington and his Securities Layton H. North and Henry Addington be set aside and Stand for Nought.

State of Missouri – Plff
vs
Alexander B. Robinson – Deft
Indictment for failing to Keep road in repair
Now at this day comes the circuit attorney who prosecutes for the State of Missouri on 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 in Said indictment Is charged against him And for his punishment puts himself upon the mercy of the court Whereupon the court doth assess against the said defendant a Fine of ten Dollars.
It is therefore considered by the court that the Said State of Missouri have and recover against the said defendant Alexander B. Robinson the Said Sum of ten dollars for her fine so assessed by the court as aforesaid together with her costs in this behalf laid out and expended And that execution with Capias claus Issue therfor.

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State of Missouri – Plff
Vs
Isaah Lane – Deft
Indictment for a 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 Isaah Lane 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 both parties being ready for trial comes a Jury To wit. Enoch B. Bunch, Noah S. Caton, Jesse Looney, Richard Garrison, William Barnett, David A. Bunch, William F. Crenshaw, Andrew Yonce, James Anderson, John M. Amlin, Garner Phillips and William A. Mitchell 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 guilty in the manner and form charged in the indictment and assess the fine at one hundred dollars. Wm. F. Crenshaaw foreman” It is therefore considered by the Court that the Said State of Missouri have and recover against the Said defendant Isaah Lane 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 with Capias clause Issue therefor.
And thereupon the said Defendant with Thomas R. Todd, B.T. Morris and Hammond Morris Executes a note for the said sum of $100 payable to the County of St. Clair Six months after date levied of date this 6th day of September 1858 which is by the said circuit attorney accepted as in full of said Fine And is by the court here ordered to be handed over to the county court of Said county.

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On Petition to Erect Mill dam
Now at this day comes Richard Crenshaw and James Rentfro and files herein their petition setting forth the facts required by law proposing to Erect a dam across Weaubleau Creek of the Altitude of Seven feet above low water mark and to attach thereto a saw and grist mill whereupon It is ordered by the court that A writ of Ad quad damnum be Issued under the Seal of this court directed to the Sheriff of St. Clair County commanding him to Summon twelve fit persons of Said county to meet at the place proposed to Erect said dam on the 18 day of September 1858 then and there to inquire by Said Jury touching the matters Contained in said petition and that a copy thereof accompany said writ.

State of Missouri – Plff
vs
James B. Nelson and Joseph Engle – Defts
Scire facias on 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 and by his attorney And on motion of the said circuit attorney It is ordered by the court that the Justice of the county court be for whom said recognizance was taken have leave to amend his endorsement thereon The Defendants Counsel objected to Said amendment being made and the court overruled the objection And thereupon came Jason Lemon the said Justice and here in open court amended Said endorsement by adding thereto “Of Dallas County Mo.”

State of Missouri – Plff
vs
Jordan Hill – Deft
Indictment for Gaming
The said Defendant Jordan

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Hill being three times solemnly called comes not but makes default And thereupon Daniel Fender and Thomas J. Fisher the Securities on his recognizance being called to bring the said Jordan Hill into court failed to produce the said Jordan Hill 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 Jordan Hill entered into by him as principal and the Said Daniel Fender and Thomas J. Fisher as his Securities thereto on the 13th day of April 1858 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 a Scire facias be Issued against said Defendant and his said Securities directed to the Sheriff of St. Clair County returnable on the first day of the next term of this court which commences on the first Monday in March next notifying them to appear and show cause if any they can why Execution should not be Issued against their respective goods and chattels lands and tenements for the said sum of one Hundred dollars.

State of Missouri – Plff
vs
John C. Chitty – Deft
Indictment for Selling liquor without license
The said defendant John C. Chitty being three times solemnly called comes not but makes default And thereupon Jordan Hill the Security of Said Defendant in his recognizance being called to bring the Said John C. Chitty into court failed to produce the Said John

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C. Chitty 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 by him as principal and the Said Jordan Hill as his Security thereto on the 12th day of April 1858 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 forfeited.
It is therefore ordered by the court that a Scire facias be Issued against Said defendant and his said Security directed to the Sheriff of Polk County returnable on the first day of the next term of this Court which commences on the first Monday in March next notifying him to Appear and Show cause if any they can why execution should not be Issued against their respective goods and chattels lands and tenements for the said sum of one hundred Dollars.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for selling Liquor without license No. 1
The said defendant Preston Millikin being three times solemnly called comes not but makes default And thereupon John Hill and Jordan Hill the Securities of said defendant on his recognizance being three times severally called to bring the said Preston Millikin into court failed to produce the said Preston Millikin 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 Preston Millikin entered into by him as principal and the said John Hill and Jordan Hill as his securities thereto on the 13th day of April 1858 conditioned for his personal appearance

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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 deemed forfeited It is therefore ordered by the court that a Scire facias be Issued against Said defendant and his Said securities directed to the Sheriff of Polk County returnable on the first day of the next term of this court which commences on the first Monday in March next notifying him to appear and Show cause if any they can why Execution Should not be issued against their respective goods and chattels lands and tenements for the said sum of one hundred dollars.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for Selling liquor without License No. 2
The said defendant Preston Millikin being three times Solemnly called comes not but makes default Whereupon John Hill and Jordan Hill his securities on his recognizance being three times severally called to bring the said Preston Millikin into court failed to produce the said Preston Millikin 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 Preston Millikin entered into by him as principal and the said John Hill and Jordan Hill as his securities on the 13th day of April 1858 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 forfeited It is therefore ordered by the court

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that a Scire facias be Issued against said defendant and his Said securities directed to the Sheriff of Polk County returnable on the first day of the next term of this court which commences on the first Monday in March next notifying him to appear and Show cause if any they can why execution should not be issued against their respective goods and chattels lands and tenements for the said Sum of one hundred dollars.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for Selling liquor without License No. 3
The Said Preston Millikin being three times solemnly called comes not but makes default And thereupon John Hill and Jordan Hill his Securities on his recognizance being severally called to bring the said Preston Millikin into court failed to produce the said Preston Millikin to answer Said indictment And thereupon 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 Preston Millikin entered into by him as principal and the said John Hill and Jordan Hill as his Securities on the 13th day of April 1858 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 forfeited
It is therefore ordered by the court that a Scire facias be Issued against Said defendant and his said Securities directed to the Sheriff of Polk County returnable on the first day of the next term of this court which commences on the first Monday in March next notifying them to appear and Show cause if any they can why Execution should not be issued against their respective goods and chattels lands and tenements for the said sum of one hundred dollars.

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State of Missouri – Plff
Vs
Jordan Hill & John Hill – Defts
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 Defendants John Hill in his own proper person and by attorney and the said Jordan Hill by his attorney And all parties being ready for trial the said defendants for their plea in this behalf Say they are not guilty in manner and form as in said indictment is charged against them and for their trial put themselves upon the country And thereupon comes a Jury To wit Casper M. Keller, Robert G. Crockett, William Nichols, John H. Dice, Hardin Meeks and Gideon Davis 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 returned into court here the following verdict To wit “we the Jury find the defendants guilty as charged in the indictment and assess the fines at Twenty dollars”
It is therefore considered by the court that the said State of Missouri have and recover against each of said defendants the said Sum of Twenty dollars for her fines so assessed by the Jury as aforesaid together with her costs in this behalf laid out and expended and that execution Issue therefor with capias claus.

It is ordered by the court that the Sheriff of St. Clair county Summon three fit persons to serve as Jurors until discharged by the court whereupon the said Sheriff Summoned and returned the Names of the following persons To wit Elisha H. Bell, Stanhope McCummins and William Gardner.

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State of Missouri – Plff
vs
John C. Chitty – Deft
Indictment for selling liquor without license
Now at this day comes Wesley Warren and acknowledges himself indebted to the State of Missouri in the sum of Fifty 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 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 March next to give evidence in said cause on the part of the State and not depart the court without leave.

State of Missouri – Plff
vs
Preston Millikin – Deft
Indictment for Selling liquor without license No. 1
Now at this day comes Thomas L. Edwards and acknowledges himself indebted to the State of Missouri in the sum of Fifty 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 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 March next to give evidence in said cause on the part of the State and not depart the court without leave.

Ordered that court adjourn until tomorrow morning 8 oclock. De Witt C. Ballou Cir Judge

Tuesday morning September 7th 1858 court met pursuant to adjournment Present as on yesterday.

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Joseph Woods – Plff
vs
Aurelius B. Harris – Deft
Civil action
Now at this day comes the Said defendant by his attorney by leave of the court files herein his answer to Said plaintiffs petition.

State of Missouri – plaintiff
vs
William B. 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 the Said defendant by leave of the court files herein his affidavit and motion for a continuance in this cause which said motion being Seen heard and fully understood by the court It is ordered by the court that this cause be continued until the next term of this court And thereupon comes here into court Thomas F. Earnest, Joseph K. Glenn and Monroe Dumell and severally acknowledge themselves indebted to the State of Missouri in the sum of Fifty dollars each to be levied of their respective goods and chattels lands and tenements to be void upon condition that they respectively make their personal appearances before the Judge of this court at the courthouse in the Town of Osceola on the first day on the next term of this court which commences on the first Monday in March next to give evidence on said cause on the part of the State and not depart the court without leave.

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State of Missouri – Plff
vs
Thomas Nichols – Deft
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 as well as the said defendant Thomas Nichols 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 both parties being ready for trial comes a Jury To wit. William Gardner, William F. Crenshaw, Andrew Yonce, Jesse Looney, Stanhope McCummins, Bennett Pitt, Enoch B. Bunch, Noah S. Caton, William Barnett, Robert G. Crockett, Gideon Davis and David A. Bunch 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 the following verdict Towit, “We the Jury find the defendant guilty in manner and form as charged in the indictment and assess the fine at Thirty 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 Thirty Dollars for her fine so assessed by the Jury as aforesaid together with her costs in this behalf And that Execution with capias Clause Issue therefor.

State of Missouri – Plff
vs
Thomas Nichols – Deft
Indictment for Selling Liquor without License No. 3 Sept’r 1856
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the Said deft

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Thomas Nichols in his own proper person and by attorney and for his plea in this behalf 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 both parties being ready for trial comes a Jury To wit: William A. Mitchell, Garner Phillips, John M. Amlin, James Anderson, Richard Garrison, James M. Hoover, John H. Dice, Seven good and lawful men elected and agreed upon by the parties as a sufficient Jury who were duly Sworn to well and truly try the Issue in this cause Joined and after hearing the evidence returned in to court here the following verdict To wit: “We the Jury find the defendant not Guilty in manner and form as charged in the indictment. J.H. Dice 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
Jordan Hill – Deft
Indictment for gaming
Now at this day comes William Black and in his own proper person here in open court acknowledges himself indebted to the State of Missouri in the Sum of Fifty 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 Hon 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 Commenced on the first Monday in March next to give evidence on the part of the State in Said cause and not depart the court without leave.

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State of Missouri – Plff
vs
Thomas Nichols – Deft
Indictment for Selling liquor without license No. 4
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 files herein his affidavit and motion for a continuance in this cause which Said motion being Seen heard and fully understood by the court is by the court Sustained And It is ordered by the court that this cause be continued until the next term of this court. And thereupon comes the Said Thomas Nichols as principal and William T. Black as his Security and acknowledge themselves Jointly and severally indebted to the State of Missouri in the Sum of One hundred dollars to be levied of their respective goods and chattels lands and tenements to be void upon condition that the said defendant Thomas Nichols Shall make his personal appearance before the Hon Judge of this court on the first day of the next term of said court to be commenced on the first Monday in March next at the Courthouse in the Town of Osceola to answer said indictment and abide the decision of the court and not depart the court without leave And thereupon comes Peter Franklin and acknowledges himself indebted to the State of Missouri in the sum of fifty 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 courthouse in the Town of Osceola

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on the first day of the next term of Said court which commences on the first Monday in March next to give evidence on Said cause on the part of the State and not depart the court without leave.

State of Missouri – Plff
vs
Thomas Nichols – Deft
Indictment for Selling liquor without License No. 3 Oct Term 1857
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant Thomas Nichols 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 both parties being ready for trial comes a Jury To wit: William Nichols, Elisha H. Bell, Noah S. Caton, William Barnett, Stanhope McCummins, Casper M. Keller, Gideon Davis, Garner Phillips, William Garner, James M. Hoover, Enoch B. Bunch and John H. Dice 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 the following verdict To wit: “We the Jury find the said defendant Guilty as charged in the indictment and assess the fine at Twenty Dollars. Wm. Nichols 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 Twenty 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 with Capias clause Issue therefor.

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State of Missouri – Plaintiff
vs
John Hill & Jordan Hill – defts
Indictment for Selling liquor without license No. 3
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 against the Said defendant Jordan Hill whereupon It is considered and ordered by the court here that the said Defendant Jordan Hill be acquitted and from his recognizance discharged and that he go hence thereof without day.
And the said John Hill being here in court in his own proper person 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 Against the Said defendant John Hill a fine of Twenty dollars It is therefore considered by the court that the said State of Missouri have and recover against the said John Hill 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 Execution with capias clause Issue therefor.

State of Missouri – Plff
vs
John Hill & Jordan Hill – Defts
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 as well as the said John Hill in his own proper person and by agreement of the parties this cause is ordered to be continued until the next term of this court against the said defendant John Hill And thereupon Comes William W. McCoy and acknowledges himself

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indebted to the State of Missouri in the Sum of Fifty 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 courthouse in the Town of Osceola on the first day of the next term of Said court which commences on the first Monday in March next to give evidence in Said cause on the part of the State and Not depart the court without leave. And the said Jordan Hill being three times Solemnly Called comes not but makes default And thereupon C.C. Oglesby and Rankin Milliken his Securities on his recognizance being called to bring the said Jordan Hill into court failed to produce the said Jordan Hill to answer said indictment Whereupon on motion of the Said circuit attorney It is ordered by the court that the said recognizance of the Said Jordan Hill as principal and C.C. Ogesby and Rankin Millikin his securities on the 13th day of April 1858 conditioned for his personal appearance before the Judge of this court at this term 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 a Scire facias be Issued against the Said Defendant Jordan Hill and his Said Securities directed to the Sheriff of Polk county returnable on the first day of the next term of this court Notifying them to appear And Show cause if any they Can why Execution Should not be Issued against them or their respective goods and chattels lands and tenements for the Said Sum of one hundred Dollars

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State of Missouri – Plff
vs
James B. Nelson and Joseph Engle
Scirefacias on Forfeiture of recognizance
Now at this day comes the Said Defendant Engle by his attorney and by leave of the court files herein his Demurrer in said cause.

State of Missouri – Plff
vs
George W. Preston – 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 for his plea in this behalf the said defendant Says he is not guilty in manner and form as charged in Said indictment and for his trial puts himself upon the country And both parties being ready for trial comes a Jury to wit Robert G. Crockett. James Anderson, Hardin Meeks, William F. Crenshaw, Andrew Yonce, John M. Amlin, William A. Mitchell, James Phillips, Noah S. Caton, Stanhope McCummins, William Nichols & William Barnett 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 the following verdict To wit: “We the Jury find the defendant not guilty as charged in the indictment. Wm. Nichols 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

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defendant in his own proper person and by attorney And thereupon the said defendant files herein his affidavit and motion for a continuance of this cause which said motion being seen heard and fully understood by the court is by the court Sustained and the cause is by the court ordered to be continued until the next term of this court. And thereupon comes Casper M. Keller and James Anderson and severally acknowledge themselves indebted to the State of Missouri in the Sum of fifty dollars each to be levied of their respective goods and chattels lands and tenements to be void upon condition that they respectively make their personal appearance before the Hon Judge of this court at the courthouse in the town of Osceola on the first day of the next term of Said court which commences on the first Monday in March next to give evidence in said cause on the part of the State and not depart the court without leave.

State of Missouri – Plff
vs
Thomas Nichols – Deft
Indictment for Selling liquor without license No. 4
Now at this day comes again the circuit attorney who prosecutes for the State of Missouri in this behalf And Says he will not further prosecute 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. And it is further ordered by the court that the recognizance this day entered into by Peter Franklin a witness on the part of the state in said cause to appear at the next term of this court be set aside and that he be discharged from his said recognizance.

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State of Missouri – Plff
vs
John Hill & Jordan Hill – Defts
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 It is therefore considered by the court that Said defendants be acquitted and that they go hence thereof without day and It is further considered and ordered by the Court that the recognizance this day entered into by William Willikon a witness in said cause on the part of the state to appear at the next term of this court be set aside and that he be discharged from his said recognizance And that the forfeiture of the recognizance of the said Defendant Jordan Hill Entered in this cause this day be set aside and Stand for nought.

Susan E. Hawkins – Plff
vs
Thomas G. Smith – Deft
Civil action
Now at this day comes the said defendant by his attorney and by leave of the court files herein his answer to said plaintiffs petition. And also his motion to rule said plaintiff to security for costs in said cause.

State of Missouri – Plff
vs
John England & Elizabeth Scaggs – Defts
Indictment for Lewdness
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 proper person and by attorney and for their plea in this behalf the said defendants Say the are guilty in manner and form as in said indictment is charged against them and for their punishment put themselves upon the mercy of

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the court whereupon the court doth assess against each of said defendants a fine of Ten Dollars. It is therefore considered by the court that the said State of Missouri have and recover against each of said defendants the said sum of Ten Dollars 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.

State of Missouri – Plff
vs
Josiah Bailey – 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 Josiah Bailey 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 both parties being ready for trial comes a Jury To wit William Nichols, Gideon Davis, James M. Hoover, Stanhope McCummins, William Barnett, Casper M. Keller, William F. Crenshaw, Robert G. Crockett, James Anderson, Andrew Yonce, John M. Amlin, and John H. Dice 12 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 as charged in the Indictment. Wm. Nichols 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.

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September Term 1858

State of Missouri – Plff
vs
Lewis D. Offield – 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 for his plea in this behalf says he is guilty in manner and form as charged in said indictment 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 $20 for her fine so assessed by the court as aforesaid together with her costs in this behalf and that execution with Capias Claus Issue therefor.

State of Missouri – Plff
vs
Lewis D. Offield – Deft
Indictment for Selling liquor without License No. 2
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 for his plea in this behalf the said defendant Says he is guilty in manner and form as charged in said indictment and for his punishment puts himself upon the mercy of the court Whereupon the Court doth assess a fine of Twenty dollars against said deft
It is therefore considered by the court that the said State of Missouri have and recover Against said defendant the said Sum of $20 for her fine So assessed by the court as aforesaid together with her costs in this behalf and that Execution with capias claus Issue therefor.

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September Term 1858

State of Missouri – Plff
vs
Lewis D. Offield – Deft
Indictment for Selling liquor without License No. 3
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 in said indictment and for his punishment puts himself upon the mercy of the court whereupon the court doth assess a fine of Twenty dollars against 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 $20 for her fine So assessed by the court as aforesaid together with her costs in this behalf and that Execution with capias claus Issue therefor.

State of Missouri – Plff
vs
Lewis D. Offield – Deft
Indictment for Selling liquor without License No. 4
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 It is therefore considered and ordered by the court that the Said defendant be acquitted and from his recognizance discharged and that he go hence thereof without day.

Ordered that court adjourn until tomorrow morning 8 oclock.

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September Term 1858

Wednesday morning September 8th 1858 court met pursuant to adjournment present as on yesterday.

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 on motion of the circuit attorney It is ordered by the court that this Cause be continued until the next Term of this court. And thereupon comes Thomas F. Earnest and acknowledges himself indebted to the State of Missouri in the Sum of Fifty 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 Said court which commences on the first Monday in March next to give evidence in said cause and not depart said court without leave.

John M. Staley & John R. Staley – Plffs
vs
Daniel Martin – Deft
Civil action
Now at this day comes the said plaintiffs by their attorney and the said defendant though tree times Solemnly called comes not but makes default And it appearing from the return of the Sheriff of St. Clair county Mo. that the Said defendant has been duly served with process in this cause by copy more than fifteen days before the first day of this term of this court and there being no answer filed to said plaintiffs petition whereby the said action remains against

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September Term 1858

the said defendant undefended and this suit being founded upon three Several instruments of writing for the direct payment of money and the amount thereby liquidated the court here finds that the Said defendant is Justly indebted to the said plaintiffs in the Sum of one hundred and Twenty eight Dollars and thirty nine cents the balance due on said promissory notes It is therefore considered by the court that the said plaintiffs have and recover against the said defendant the said sum of $128.39 cents 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 therefor.

State of Missouri – Plff
vs
William Addington – Deft
Indictment for open indecency
On motion of the circuit attorney who prosecutes for the State of Missouri in this behalf It is ordered by the court that this cause be continued until the next term of this court.

State of Missouri – Plff
vs
George W. Short – Deft
Indictment for obstructing road
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 and form as in said indictment is charged against him and neither party requiring a Jury and both parties waiving the same The trial of this cause was by the parties Submitted to the court whereupon the court after hearing the evidence doth find the Said defendant Guilty in manner and form

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September Term 1858

as charged in said indictment and doth assess a fine of Ten 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 $10 for her fine so assessed by the court as aforesaid together with her costs in this behalf laid out and expended and that Execution with Capias claus Issue therefor.

State of Missouri – Plff
vs
John C. Chitty – Deft
Indictment for Selling liquor without license
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 writ of Capias be Issued against the said defendant directed to the Sheriff of St. Clair county returnable forthwith.

James Atkinson – Plff
vs
Thomas F. Wright – Deft
Appeal from JP
Now at this day comes the parties by their attorneys and the said Plaintiff by his attorney dismisses this cause and the costs having been paid by said defendant this cause is by the court dismissed.

Felix Hunton – Plff
vs
Henry Pollard – Deft
Replevin
The said plaintiff being three times Solemnly called comes not but makes default whereupon It is ordered by the court here that this cause be dismissed at the costs of the said plaintiff he having failed to prosecute the same.

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September Term 1858

State of Missouri
vs
James B. Nelson & Joseph Engle
Demurrer to Scire facias
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 Joseph Engle by his attorney and the Demurrer filed in said cause by the said defendant on yesterday coming on for trial and the same and the arguments of counsel having been by the court here seen heard and fully understood It is by the court here considered that Said demurrer be and the same is by the Court Sustained It is therefore considered by the court that the Said Scirefacias be quashed and dismissed whereupon the circuit attorney Excepts to the decision of the court in Sustaining said demurrer and quashing said Scirefacias and prays and appeal to the Supreme court and presents to the court his bill of exceptions which is by the Judge of this court Signed and sealed and ordered to be filed and made a part of the record in this cause which is done And Said appeal is by the court here granted.

John F.L. Senter
vs
Elizabeth A. Senter
Petition for Divorce
Now at this day comes Waldo P. Johnson Attorney of Record for said Plaintiff and Suggests to the court here that Since the last term of this court the Said Plaintiff has departed this life And the same being proven to the satisfaction of the court It is therefore ordered by the court that this cause be dismissed and discontinued
And It is further considered by the court that the Said Defendant have and recover against the Said Plaintiff her costs in this behalf laid out and expended.

Page 361:
September Term 1858

David B. Bragg
vs
Thomas Larkin
Civil action change of venue from Henry circuit court
Now at this day comes the said parties by their attorneys And on motion of said Defendant 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 the defendants Costs It is therefore considered by the court that the said Plaintiff have and recover against the Said Defendant his costs in this behalf laid out and expended out and about this term of this court and that execution Issue therefor.

State of Missouri
vs
William Robinson
Indictment for Selling lottery tickets
Now at this day comes Samuel H. Martin the Security for Said defendant in his recognizance and brings said defendant into court here and Summonds the said defendant into the custody of the Sheriff of St. Clair county Mo It is therefore considered by the court that the said Samuel H. Martin be released and discharged from Said recognizance
And thereupon the court requires the said Defendant to Enter into a recognizance with good Security in the sum of Twelve hundred Dollars for his appearance at the next term of this court And It is further considered and ordered by the court that the said Defendant be committed to the common Jail of St. Clair county until he be discharged according to law.

Page 362:
September Term 1858

William Nichols
vs
Thomas Arnett & Hugh Arbuckle
Civil action & Attachment
Now at this day comes the Said Plaintiff and dismisses the Said suit against the Said defendants at his costs It is therefore considered by the court that the said Defendants have and recover against the Said Plaintiff their costs in this behalf laid out and expended and that execution Issue therefor.

Michael M. Robinson
vs
Thomas M. Arnett & Hugh Arbuckle
Civil action & attachment
Now at this day comes the said Plaintiff and Says he will not further prosecute his said suit against said defendants and dismisses this same at his costs It is therefore considered by the court that the said Defendants have and recover against the said Plaintiff their costs in this behalf laid out and expended and that execution Issue therefor.

William J. Mays Adm’r of the Estate of Lorenzo E. Dickey Dec’d
vs
Mordecia M. Hansbrough, David S. Corbin & Spencer T. Corbin – Defts
Civil action On promissory note
Now at this day comes here into court said plaintiff and says he will not further prosecute this suit against David S. Corbin but dismisses the same as to him and the said Mordecia M. Hausbrough and Spencer T. Corbin being three times Solemnly called Came not but make default. And having failed to file any answer said action as to them remains undefended wherefore the court here considers that said plaintiff recover for the matter Said things in the said petition mentioned against the said M.M. Hausbrough & Spencer S. Corbin and said

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September Term 1858

cause of which being founded upon a promissory note the Court here assessed the damages, after hearing the Evidence the court doth assess plaintiffs damages at the sum of $ one hundred and twenty one Dollars and forty six cents. It is therefore considered by the Court here that said plaintiff recover of said defendants Hausbrough & Spencer T. Corbin the said sum of One hundred and twenty one Dollars and forty six cents, the damage assessed by the Court aforesaid as well as his costs in this behalf laid out and Expended and that Execution issue therefor.

The State of Missouri – Plff
vs
Preston Millican – Deft
Indictment for selling liquor without License
Now at this day comes W.W. McKoy in his own proper person here in open court acknowledges himself indebted to the state of Missouri in the sum of Fifty 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 Hon 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 commence on the first Monday in March next to give evidence on the part of the State in said Cause and not depart the court without leave.

State of Missouri by Jones Bailey Prosecutor
vs
George W. Preston
Recognizance to Keep the peace
The prosecutor in this cause being three times solemnly called comes not but makes default And there being no prosecutor in court to prosecute this case the same is by the court here dismissed at the costs of said prosecutor And It is therefore Considered by the Court here that the said defendant have and recover against the said

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September Term 1858

Jones Bailey the prosecutor in said cause his costs and charges in this behalf in this Court And that said defendant pay the costs in the court below.

John J. Yeater
vs
Daniel B. Kidd & Oscar F. Keller
Appeal from JP
Now at this day comes the Said parties by their attorneys and the Said Defendants file herein their motion to dismiss this Suit which said Motion having been seen heard and fully understood is by the court here Sustained It is therefore considered by the court that Said Suit be dismissed at said Plaintiffs cost And that the said Defendants have and recover against the said plaintiff their costs in this behalf laid out and expended in this court and the court below and that execution Issue therefore And on motion of said plaintiff It is ordered by the court that he have leave to withdraw the note sued on by leaving a true copy of the same.

State of Missouri
vs
John C. Chitty
Indictment for Selling liquor without License (from Polk)
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 C. Chitty in his own proper person and thereupon the said defendant Says he will not further continue with the state in this behalf but admits that the 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 his punishment at a fine of Twenty Dollars

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September Term 1858

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 in this behalf laid out and expended And that Capias Execution Issue therefor And that Said defendant render himself in execution And the forfeiture of the recognizance of said Defendant entered in this cause at this term of this court and the recognizance of [space] witness to appear at the next term of this court is by the court here set aside.

Francis Yoast having shown sufficient excuse to the court is by the court discharged from further service as a grand Juror at this term of this court.

David B. Bragg
vs
Thomas Larkin
Civil action from Henry
Now at this day comes the said defendant by his attorney and Shows to the court here that Vance Fristoe of Benton county and George Rankin of Henry county Mo have been duly summoned as witnesses in said cause to appear at this term of this court and having failed to attend And on motion of said Defendant It is ordered by the court that attachments be Issued against said witnesses directed to the proper counties returnable to the next term of this court.

Joseph Woods
vs
Daniel P. Todd
Civil action
Now at this day comes the said defendant by his attorney And on motion It is ordered by the court that he have leave to file his answer to said plaintiffs petition 90 days before the next term of this court.

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September Term 1858

Nancy Estes & John Estes, Spencer Estes Jr., George Estes, Elizabeth Lasiter & David Lasiter, Catharine Bouring & William Bouring, Middleton Estes and Spencer R. Estes by their Guardian Spencer Estes Jr. – Plaintiffs
against
Elizabeth Estes – Defendant
Petition for partition and sale of real estate
Now at this day comes the parties by their attorneys and thereupon the said Plaintiffs by their attorney say they will not further prosecute this suit but dismisses the Same It is therefore considered by the Court here that this Suit be dismissed And that the said defendant have and recover against the said Plaintiffs her costs in this behalf laid out and expended and that Execution Issue therefor.

Ordered that court adjourn until tomorrow morning 8 oclock.

Thursday morning September 9th 1858 court met pursuant to adjournment present as on yesterday.

David B. Bragg – Plff
vs
Thomas Lakin – Deft
Civil action for Damages
Now this day comes again here into court the said parties by their attorney And by consent of said parties the continuance of this cause and order for attachment for witnesses entered at this term of this court is set aside And thereupon the said defendant withdraws his answer to said plaintiffs petition and consents that Judgment Shall be rendered against him for the said Sum of Ten thousand dollars It is therefore considered by the court

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September Term 1858

here that the Said Plaintiff have and recover against the said defendant the said sum of ten thousand dollars together with his costs in this behalf laid out and expended and that execution Issue therefore. And thereupon the Said plaintiff remits and discharges the said defendant here from the payment of the whole of said sum of Ten thousand dollars except the Sum of Seventy Six dollars and fifty cents.

Hugh Arbuckle administrator of the Estate of Coleman Whitley Deceased – Plaintiff
vs
Thomas Walton, William Knight & Adam Huffman – Defts
Civil Action
Now at this day comes the Said plaintiff by his attorney and dismisses his suit as to the said defendant Adam Huffman And it appearing from the return of the Sheriff of St. Clair County Mo that the said defendants Thomas Walton and William Knight have each been duly served with process in this cause by copy more than fifteen days before the first day of this term of this court and there being no answer filed to said plaintiffs whereby the said action remains against the said defendants Thomas Walton and William Knight undefended and this Suit being founded upon an instrument of writing for the Direct payment payment of money and the amount there by liquidated The court here doth find that the said defendants Thomas Walton and William Knight are Justly indebted to the said plaintiff in the Sum of Seven Hundred and fifty five Dollars and fourteen cents It is therefore considered by the Court

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September Term 1858

Here that the said Plaintiff as administrator of the Estate of the said Coleman Whitley Deceased have and recover against the said defendants Thomas Walton and William Knight the Said Sum of $755.14 for his debt so found by the court as aforesaid together with his costs in this behalf laid out and expended and that Execution Issue therefor.
[written in left hand margin:] For value Received of him I Hugh Arbuckle Adm’r of the Estate of Coleman Whitley Deceased Do hereby adjourn and transfer the Judgment here entered in my favor against Thomas Walton & William Knight to Mordecai B. Hansbrough his heirs & assigns. Witness my hand & seal This 8th day November AD 1858 Hugh Arbuckle.

Elizabeth Ann Canada, Dow Canada, Sally Canada Sr., Jesse Galloway and Anna Galloway – Plaintiffs
against
Greenway Canada, Isam Canada, Lovina Canada and Sally Canada – Defendants
Civil Action for Partition and sale of Real Estate
Now at this day comes the plaintiffs by their attorney, and it appearing to the court from the return of the Sheriff of St. Clair County Missouri, that all of said Defendants have been duly served with process in this Case, more than fifteen days before the first day of this Term of this Court, and it being Suggested to the Court, that all the Defendants were minors under the age of twenty one years, without lawful Guardians thereupon the Court appoints William A. McClain Guardian ad litem for said minor Defendants, And the said William A. McClain being in court consents to act and files the answer of said minor Defendants, and all parties being ready for trial, and neither party requiring a Jury, the cause is submitted to the court upon the petition answer and evidence offered in the Cause and after hearing the evidence the Court finds that James Canada departed this life intestate in the year 1850, Seized and possessed in fee simple of the following described real Estate Situated in St. Clair county Missouri To wit “The West half of the South West ¼ and the South East quarter of the South West quarter of Section No. 31 and North West quarter of the North West quarter of Section No. 35 all in Township No. 39 of Range No. 24 Containing 160 acres more or less that said James Canada at the time of his death left the following persons as his heirs at law to wit Sally Canada

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September Term 1858

his widow, who is entitled for and during her natural life to dower in said real estate to wit one third of said real Estate for and during her natural life, that the following children to wit Elizabeth Ann Canada, Dow Canada, Anna Canada since intermarried with Jesse Galloway, Greenway Canada, Isam Canada, Lovina Canada and Sally Canada Jr. each of who are entitled to one undivided Seventh part of said real Estate subject to the dower of the widow aforesaid.
In consideration of the premises it is ordered adjudged and decreed by the Court here that Dower be assigned to the widow and that partition be had of the real Estate aforesaid among and between the parties to this suit according to their respective rights and interests as above found and set forth and it being manifest to the Court from the number of owners and from the nature and quality of the real Estate, as well as from the evidence in the cause that the said land cannot be divided among the owners without great prejudice to them, and the aforesaid Sally Canada Sr., widow of said James Canada dec’d through her attorney requests the Court, that all the land may be sold, and that She be paid in money the value of her dower, in said real Estate. It is therefore ordered that the Sheriff of St. Clair County Missouri proceed to sell the land above described to the highest bidder at the courthouse door in the Town of Osceola requiring ten per cent Cash at hand and the remainder on a credit of twelve months the proceeds of said sale when collected after deducting the Costs and expenses of the proceeding to be paid over as follows to wit one eighth part to Sally Canada widow, which the Court finds to be the reasonable value of her dower interest in said land in cash dower it being equal to an interest of a child of the said James Canada dec’d and the remaining seven eighths the Sheriff will pay over in equal amounts to the following parties to wit Elizabeth Ann Canada, Dow Canada, Sally Canada Jr., Anna Galloway, Greenway Canada, Isam Canada and Lovina Canada It is further ordered that Waldo P. Johnson be allowed the sum of Thirty Dollars for his services as attorney in this Case and that the Same be taxed and paid as other costs.

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September Term 1858

Thomas J. Jourdan and Elizabeth Jourdan – Plaintiffs
against
James Cauthon, Thomas Cauthon, Richard Lenox and Rebecca Lenox, William Renfro, Alexander Renfro, Mary Renfro and Sabrina Cauthon – Defendants
Civil Action for Partition and sale of Real Estate
Now at this day comes the plaintiffs by their attorney. And it appearing to the Court from the return of the Sheriff of Hickory and St. Clair Counties that all of said Defendants have been duly served with process in this suit, more than fifteen days before the first day of this term of this court, and it being suggested to the Court here that William Renfro, Alexander Renfro, Mary Renfro were minors without lawful Guardians, thereupon the Court appoints William A. McClain Guardian adlitem for all of said minors and the said William A. McClain being in Court Consents to act, and files answer of said minor Defendants, and the said James Cauthon, Thomas Cauthon, Richard Lenox and Rebecca Lenox and Sabrina Cauthon appearing by attorney and all parties being ready for trial and neither party requiring a Jury the Cause is submitted to the court upon the petition answer and evidence offered in the cause and after hearing the evidence the court finds that William R. Cauthon departed this life intestate in the month of March 1855 seized and possessed in fee simple of the following lands situated in St. Clair County Missouri To wit The North West quarter of the North East quarter of Section No. 20, and all of the South West quarter of the North East quarter of Section No. 20 lying North of Warbleau Creek all in Township No. 37 of Range No. 24 the whole Containing 66 Acres. The Court further finds that said William R. Cauthon left as his heirs at law the following persons to wit Sabrina Cauthon his widow, who in accordance with law filed her written diction and elected to take a childs part of said real Estate which is one undivided sixth part of said real Estate, that he also left two sons Thomas Cauthon and James Cauthon and two daughters to wit Elizabeth entermarried with Thomas

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September Term 1858

J. Jourdan and Rebecca intermarried with Richard Lenox and that each of said sons and daughters is entitled to one undivided sixth part of said real Estate, that he also left, three Grand children to wit. William Renfro, Alexander Renfro and Mary Renfro who are Jointly entitled to one undivided sixth part of said real Estate. In consideration of the premises it is ordered and adjudged and decreed by the court here that partition be had of the premises above described among and between the parties to this suit according to their respective rights and interests as above found and set forth. And it being manifest to the Court from the number of owners and the nature and quantity of the real Estate as well as from the evidence in the Cause, that the real Estate aforesaid Cannot be divided among the owners thereof without great prejudice to them it is further ordered that the Sheriff of St. Clair County Mo proceed to sell the land above described to the highest bidder at the Court house door in the Town of Osceola in St. Clair County Mo requiring 20 percent cash in hand and the remainder on a credit of Twelve months, the proceeds when collected after deducting the Costs and expenses of this proceeding to be paid over as follows to wit one eighth to Thomas Cauthon then one sixth to James Cauthon, one Sixth to Sabrina Cauthon, one sixth to Rebecca Lenox and one Sixth to Elizabeth Jourdan, and one sixth Jointly to William, Mary and Alexander Renfro. It is further Ordered that Waldo P. Johnson be allowed the Sum of Twenty Dollars for his Expenses as attorney on this case and that the same be taxed and paid as other costs.

Peter Brown, William Brown, Ruth Greenwell & John C. Greenwell and Catharine Brown – Plffs
against
Elizabeth Offutt, Nancy Moran, Henry E. Moran, Benjamin Brown, Mary Williams, Milton, Andrew Brown, Gilly P. Hahn, Columbus Hahn, John Brown, Susan Overshiner, William Overshiner, Martha Phillips & James Phillips – Defts
Partition

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September Term 1858

Now at this day comes the said Plaintiffs by their attorney and again Suggests to the Court that since the commencement of this suit the said Elizabeth P. Offutt one of the said defendants has departed this life and files herein their petition praying the court to make the heirs of the Said Elizabeth P. Offutt Dec’d parties in place of Said deceased And It having been suggested at the last term of this Court that the said Elizabeth Offutt since the commencement of this suit has departed this life intestate leaving William, Zephiniah, Edward, Margaret, Andrew, John, Susan and Nancy Offutt her children and Catherine Wright a grand child all of whom Except the Said William and Zephiniah reside in this State – And the said William and Zephiniah are nonresidents of this state Whereupon it is ordered by the court that a summons issue against all those residing within this state and a publication be made as to the said non residents that they be and appear at the next term of this court that they may be made defendants and answer said petition.

Peter Brown, William Brown, Ruth Greenwell & John C. Greenwell, and Catharine Brown – Plffs
Vs
Nancy Moran & Henry E. Moran, Benjamin Brown, Mary Williams & Milton Williams, Andrew Brown, Gilly P. Hahn & Columbus Hahn, John Brown, Susan Overshiner & William Overshiner, Martha Phillips & James Phillips, William Offutt, Zepheniah Offutt, Edward Offutt, Margaret Offutt, Andrew Offutt, John Offutt, Susan Offutt & Nancy Offutt and Catharine Wright – Defts
Petition for the assignment of Dower & partition of land

Page 373:
September Term 1858

Now at this day comes the said Plaintiffs and it being Shown to the Court that William Offutt and Zephiniah Offutt two of the children and said heirs of the said deceased defendant Elizabeth Offutt who has died since the commencement of this suit are not residents of the State of Missouri it is therefore ordered that the following notice be published to wit: To the said William Offutt and Zephiniah Offutt You and each of you are hereby notified that the above suit is pending in the Circuit Court of St. Clair County in the State of Missouri, the general nature and object of which is to obtain the assignment of Dower to Catharine Brown widow of William Brown dec’d in the Cause which said William Brown dec’d seized and situated in said St. Clair County and also for partition & general relief and for deed each of you are required to be and appear at the next term of this Circuit Court to be begun and held at the Court house in the Town of Osceola in Said St. Clair County on the first Monday of March next & be made parties to said suit and on or before the Said day thereof and or Said petition or Judgment may be rendered against you And it is further ordered that Said order be published in the Cedar Codependant a weekly newspaper published in said County for four weeks successively the last insertion to be at least four weeks before the next term of this Court.

Jessee Fowler – Plaintiff
Against
Ellen Wyatt, William Wyatt, Sarah Wyatt, Thomas Wyatt, Joseph Wyatt, Mace Wyatt and Margaret Wyatt – Defendants
Civil action for Partition and Sale of Real Estate
Now at this day comes The Plaintiff by his Attorney and it appearing to the Court from the return of the Sheriff of St. Clair County Mo that each of Said defendants have been duly served with The process in this case more than fifteen days before the first day of this term of

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September Term 1858

of this Court, and it being suggested to the Court that all of said defendants were infants under the age of twenty one years, without lawful guardians therefore the Court doth appoint William A. McClain Guardian adlitem for all of said infant defendants and the Said William A. McClain being in Court consents to act and files answer of said infant Defendants. And all parties being ready for trial and neither party requiring a Jury The Cause is submitted to the Court upon the petition answers and evidence offered in the Cause. And after hearing the evidence the Court found that Saunders Wyatt departed this life intestate about fifth April 1858 seized and possessed in fee simple of the following Real Estate situated in St. Clair County Missouri to wit Lot No. two of North West quarter of Section No. nineteen in Township No. Thirty Seven of Range twenty four containing 80 93/100 acres the Court further finds that said Saunders Wyatts dec’d left as assigns heirs left, nine children to wit: George, Vincent, Ellen Williams, Sarah Thomas, Joseph, Mary and Margaret Wyatt, and that each of said children became entitled on the death of their father to one undivided ninth part of the above described Real Estate. The Court further finds that George and Vincent Wyatt aforesaid conveyed their interest to wit two ninths of said Real Estate by deed dated 17th July 1858 to plaintiff In consideration of the premises it is ordered adjudged and decreed by the Court here that partition be had of the premises above described among and between the parties to this suit according to their respective rights as above found, and set forth and is being manifest to the Court from the number of owners and nature and quantity of the Real Estate, as well as from the owners in the cause that the said land cannot be divided among the owners without great prejudice to them it is further ordered that the Sheriff of St. Clair County Missouri proceed to sell the land above described to the highest bidder at the Courthouse door in the Town of Osceola St. Clair County Missouri requiring 20 per cent cash in hand and the remainder on a credit of twelve months, the proceeds when collected after deducting the costs and expenses on this proceeding to be paid over as follows To wit: two ninths to Jessee Fowler Plff in this suit and one ninth to each of said

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defendants to this suit. It is further ordered that Waldo P. Johnson be allowed the sum of fifteen Dollars for his services as attorney in this case, and that the same be taxed and paid as other costs.

William H.H. Davis and America Davis
Against
Wm. J. Barnett as executor of the last will and testament of Simpson McGaughey dec’d & against William J. Barnett
Civil Action on Note at 10 percent interest
Now at this day comes the said plaintiffs by their attorney as well as the said William J. Barnett by his attorney and it also appearing that said William J. Barnett as executor of said Simpson McGaughey dec’d has been duly served with process more than fifteen days before this term of this Court but the Said William J. Barnett as executor aforesaid although he has been served with process as aforesaid and although he has appeared in this Cause as aforesaid has not filed any answer herein whereby the Said action remains undefended by him as executor as aforesaid & judgment ought to be rendered against him as executor as aforesaid for the want of an answer and the said being founded on a promissory note which the court finds was executed by the said Simpson McGaughey dec’d in his lifetime for the direct payment of money by which the amount due is ascertained And the court now proceeding in the final Judgment doth ascertain and find that there is still due on Said note the sum of Three hundred dollars as principal and the further Sum of Twenty seven dollars and fifty cents by way of interest Making the amount of said amount still due the sum of three hundred and twenty seven dollars and fifty cents And It is also appearing to the court that the said William J. Barnett is the executor

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of the last will and testament of the said Simpson McGaughey dec’d Therefore it is considered and adjudged by the court that the said William H.H. Davis and America Davis have and recover of the said William J. Barnett as the executor of the last Will and testament of the said Simpson McGaughey dec’d the said sum of $327.50 ascertained by the court as aforesaid to be due together with their costs and charges in this behalf expended And it also appearing that the said William J. Barnett in his individual Capacity has been duly Served with process more than fifteen days before this term of this court and he and said plaintiffs being also present and the said William J. Barnett although he has been Served with process and appeared has not filed any answer herein whereby the Said remains undefended and Judgment ought to be rendered for the want of said answer and this Suit being founded on said promissory note executed by the said defendant for the direct payment of money by which the Amount due is ascertained and the Court now proceeding on to final Judgment doth ascertain and find that there is still due on said note the Sum of three hundred dollars as principal and the further sum of twenty seven dollars and fifty Cents by way of Interest Making the amount of said Demand still due the Sum of Three hundred and twenty Seven dollars and fifty cents It is therefore considered by the court that the Said William H.H. Davis and America Davis have and recover against the said William J. Barnett the said sum of $327.50 So found due by the Court as aforesaid together with their costs in this behalf laid out and expended and that execution Issue therefor.

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September Term 1858

William H.H. Davis
Against
William J. Barnett
Executor of the last will and testament of Simpson McGaughey dec’d and Against William J. Barnett
Civil Action on Note 10 per cent Interest
Now at this day comes the said plaintiff by his Attorney as well as the said William J. Barnett by his attorney, and it also appearing that said William J. Barnett as executor of said Simpson McGaughey dec’d has been duly served with process more than fifteen days before this term of this Court, but the Said William J. Barnett as executor of above suit although he has been Served with process as aforesaid and although he has appeared in this Court as aforesaid hath not filed any answer herein which the said action remains undefended by him and as to aforesaid & judgment ought to be rendered against him as executor as aforesaid for the want of an answer and the suit being founded on a promissory note which the Court finds said executor by the will Simpson McGaughey dec’d in his lifetime and for the direct payment of money by which the amount due is ascertained and the Court and proceedings is to find judgment doth ascertain and find that there is still due on said note the sum of Thirteen hundred and thirty Three dollars and thirty three cents as principal and the further sum of one hundred and Fifty four and Eighty one cents by way of interest making the amount of said amount still due the sum of Fifteen hundred and Eighty eight dollars and fourteen cents and it Appearing to the Court that the Said William J. Barnett is the Executor of the last will and testament of the said Simpson McGaughey dec’d therefore it is considered and adjudged by the Court that the Said William H.H. Davis have and recover of the Said William J. Barnett as the executor of the last will and testament of the Said Simpson McGaughey dec’d the said sum of fifteen hundred and Eighty eight Dollars and fourteen cents ascertained to be due as aforesaid together with his costs and

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September Term 1858

charges in this behalf as founded and it also appearing that the said William J. Barnett in his individual capacity has been duly served with process more than fifteen days before this term of this Court and he and said plaintiff being also present and the Said William J. Barnett although he has been Served with process and appeared has not filed any answer herein whereby the same remains undefended and judgment ought to be rendered for the want of an answer and the said being founded on said promissory note executed by the Said defendant for the direct payment of money, by which the amount due is ascertained and the Court now proceeding on to find judgment doth ascertain and find that there is still due on Said note, the sum of Thirteen hundred and thirty three dollars and thirty three cents as principal and the further sum of Two hundred and fifty four dollars and eighty one cents by way of interest making the amount of said demand still due, the sum of fifteen hundred and Eighty Eight dollars and fourteen cents therefore it is ordered by the Court that the Said Wm. H.H. Davis have and recover of the said William J. Barnett the Said sum of fifteen hundred and Eighty Eight Dollars and fourteen cents together with her costs in this behalf laid out and expended and that execution issue therefor.

William H.H. Davis
Against
William J. Barnett as Executor of the last will and testament of Simpson McGaughey dec’d and against William J. Barnett
Civil Action on note 6 per cent Interest
Now at this day comes the said plaintiffs attorney as well as the said William J. Barnett by his attorney and it also appearing that said William J. Barnett as executor of said Simpson McGaughey dec’d has been duly served with process more than fifteen day before this term of this Court but the said William J. Barnett as executor of said

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September Term 1858

Although he has been served with process as aforesaid and although he has appeared in this Court as aforesaid hath not filed any answer herein whereby the Said action remains undefended by him as executor as aforesaid & judgment ought to be rendered against him as executors as aforesaid for the want of an answer and this suit being founded on a promissory note which the court finds was executed by the said Simpson McGaughey in his lifetime for the direct payment of money by which the amount due is ascertained, and the Court here proceeding on to final judgment doth ascertain and find that there is Still due on said note the Sum of One hundred and twenty eight dollars and fifty cents as principal and the further Sum of Four Dollars and forty three cents by way of interest making the amount of Said demands Still due the Sum of One hundred and Thirty two Dollars and twenty three cents and it also appearing to the Court that the Said William J. Barnett is the executor of the last will and testament of the Said Simpson McGaughey dec’d therefore it is considered and adjudged by the Court, that the Said Wm. H.H. Davis have and recover of the said William J. Barnett as the executor of the last will and testament of the Said Simpson McGaughey dec’d the said sum of One hundred and Thirty two dollars and Eighty three cents ascertained to be due as aforesaid together with his costs in this behalf expended. And it also appearing that the Said William J. Barnett in his own person has been duly served with process more than fifteen days before this term of this Court and he and said plaintiff being also present, and the said William J. Barnett although he has been Served with process and appeared has not filed any answer herein whereas the Same remains undefended and judgment ought to be rendered for the want of an answer and the Said being founded on said promissory note executed by the Said defendant for the direct payment of money by which the amount due is ascertained, and the Court now proceeding on to final judgment doth ascertain and find that there is Still due on Said note the sum of One hundred and twenty eight Dollars as principal and the further sum of four dollars and forty three cents by way of interest

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making the amount of said demand Still due the sum of One hundred and thirty two dollars and Ninety three cents therefore it is ordered by the Court that the said Wm. H.H. Davis have and recover of the said Wm. J. Barnett the Said sum of One hundred and thirty two Dollars and ninety three cents together with his costs in this behalf laid out and expended and that execution issue therefor.

Thomas H. Estes
Against
William J. Burnett as executor of the Last will and testament of Simpson McGaughey dec’d & against William J. Barnett
Civil Action on note 10 per cent Interest
Now at this day comes the Said plaintiff by his Attorney as well as the said William J. Burnett by his Attorney and it appearing that the said William J. Burnett as executor of said Simpson McGaughey dec’d has been duly served with process more than fifteen days before this term of this Court but the Said William J. Burnett as executor aforesaid although he has been Served with process as aforesaid although he has appeared in this Court as aforesaid hath not filed any answer herein whereby the said action remains undefended by him as executor as aforesaid & judgment ought to be rendered against him as executor as aforesaid for the want of an answer and this suit being founded on a promissory note which this Court finds was executed by the said Simpson McGaughey dec’d in his lifetime for the direct payment of money by which the amount due is ascertained and the Court now proceeding on to final judgment doth ascertain and find that there is Still due on said note the Sum of One thousand Dollars as principal and the further Sum of Forty two dollars and seventy five cents by way of interest making the amount of said amount still due the Sum of One thousand and forty two dollars and

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September Term 1858

twenty five cents and it also appearing to the Court that the Said William J. Burnett is the executor of the last will and testament of the Said Simpson McGaughey dec’d therefore it is considered and adjudged by the Court that the Said Thomas H. Estes have and recover of the Said William J. Burnett as the executor of the last will and testament of the Said Simpson McGaughey dec’d the Said Sum of One thousand and forty two dollars and Seventy six cents ascertained to be due as aforesaid together with his costs and charges in this behalf expended. And it also appearing that the Said William J. Burnett in his own personal capacity has been duly Served with process more than fifteen days before this term of this Court and he and said plaintiff being also present and The Said William J. Burnett although he has been Served with process and appeared has not filed any answer herein whereby the Same remains undefended and judgment ought to be rendered for the want of an answer and this suit being founded on Said promissory note issued by the Said defendant for the direct payment of money by which the amount due is ascertained the Court now proceeding on to find judgment doth ascertain and find that there is Still due on said note the sum of One Thousand Dollars as principal and the further sum of Forty two Dollars and Seventy five cents by way of interest making the amount of said demand Still due the Sum of One thousand and Forty Two Dollars and Seventy five cents. Therefore it is ordered by the Court that the said Thomas H. Estes have and recover of the said William J. Burnett the said sum of One Thousand & Forty Two Dollars and Seventy five cents Together with his costs in this behalf laid out and expended and that execution issue therefor.

Thomas W. Freeman the circuit attorney who prosecutes for the State of Missouri in this court being absent It is ordered by the court that Alexis Wainsley be appointed circuit attorney protem who being in court here consents to accept said appointment.

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September Term 1858

John P. Helfenstein, Stephen D. Gore, Thomas J. Slaughter and Charles T. Kintzing – Plffs
Against
Henry Boatman & Thomas Walton – Defts
Civil Action 10 per cents Interest
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 have been duly served with process in this cause by a copy more than fifteen days before the first day of this term of this Court said Plaintiffs demanding a trial and this motion being founded on a promissory note for the direct payment of money. And the said defendants though Severally three times called come not but make default and there being no answer filed to said plaintiffs petition whereby the said action remains against the said defendants undefended wherefore judgment ought to be rendered for want of an answer And the Court proceeding on to find judgment doth ascertain and find that there is still due on said note as principal the sum of One hundred and Seventy eight dollars and forty four cents and the further sum of Thirty nine dollars and forty one cents in way of interest making the amount of said demand still due the sum of Two hundred and Seventeen dollars and eighty five cents It is therefore considered by the Court that the Said John P. Delfenstein, Stephen C. Gore, Thomas J. Slaughter and Charles L. Kinging have and recover against the said Henry Boatman and Thomas Holton the said sum of Two hundred and Seventeen dollars and eighty five cents so found due by the Court as aforesaid together with their costs and charges in this behalf laid out and expended and that execution issue therefor.

The appointment of Richard B. Devin as deputy Clerk of this court made by James W. Beck clerk of this court. Is by the court here approved.

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September Term 1858

Lucas C. Topping – Plff
Against
Henry Boatman & Thomas Walton – Deft
Civil Action 6 per cent Interest
Now at this day comes the said Plaintiff by his Attorney, and it appearing from this return of the Sheriff of St. Clair County Missouri that each of said Defendants have been duly served with process in this cause by copy more than fifteen days before the first day of this Term of this Court Said plaintiffs demanding a trial and this action being founded on a promissory note for the direct payment of money And the said defendants though Severally three times solemnly called comes not but makes default and there being no answer filed to said plaintiffs petition which the said action remains against the Said defendants and undefended, wherefore Judgment ought to be rendered for want of answer And the Court proceeding on to find judgment with evidence and find that there is Still due on said note as principal the sum of five hundred and Forty Dollars and eighty one cents and the further sum of Seventy three dollars and eighty one cents by way of interest making the total of said damages still due the sum of Four hundred and Fifty four dollars and Sixteen cents. It is therefore ordered and adjudged by the Court that the Said Lucas C. Topping have and recover against the said Henry Boatman and Thomas Walton the said Sum of Four hundred and Sixty four dollars and Seventy cents so found by the Court as aforesaid together with his costs in this behalf laid out and expended and that execution issue therefor.

Thomas Drury & others
vs
Thomas H. Bristow & others
Petition for partition
Now at this day comes the Said Plffs by their attorney and Shows to the court that the process in this case has not been served as the law requires And on their motion it is ordered

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September Term 1858

by the court that alias writs of Summon be Issued against the said defendants in Said cause returnable to the next term of this Court.

James E. Patterson – Plff
vs
Ann E. Patterson – Deft
Petition for Divorce
Now at this day comes the said Plaintiff by his attorney And the said defendant though three times Solemnly called comes not but makes default And it appearing from the return of the Sheriff of St. Clair county Missouri that the Said defendant has been duly served with process in this cause by copy more than fifteen days before the first day of this term of this court And there being no answer filed to said plaintiffs petition whereby said action remains against said defendant undefended whereby Judgment ought to be rendered against said defendant for want of an answer It is therefore ordered by the court that an involuntary judgment be entered against said defendant in this cause And that this cause be continued until the next term of this court to be rendered final unless the courts otherwise shown.

Joseph Wood – Plff
vs
Daniel P. Todd – Deft
Civil Action
Now at this day comes the Said defendant by his attorney and by leave of this court files herein his answer to Said plaintiffs petition.

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September Term 1858

Columbus Hahn and Gilly P. Hahn – Plffs
vs
Peter Brown & others – Defts
Petition for title to real estate
Now at this day come the Said plaintiffs by their attorney and on their motion it is ordered by the court that alias writs of Summon be Issued against all of the defendants who have not been Served with process in this cause returnable to the next term of this court And thereupon comes both James Brown, John Brown and William Brown three of said defendants by their attorney and enter their appearance herein and on their motion It is ordered by the Court that they be granted leave to file their answer to said plaintiffs petition at the next Term of this court.

John F. Weidemeyer – Plff
vs
John F. Thompson – Deft
Civil Action
Now at this day comes the said defendant by his attorney and on his motion It is ordered by the court that he have leave to file his answer to said plaintiffs petition in vacation of court until the first day of January next by Serving a copy on plaintiffs attorney.

James Hutton – Plff appellor
vs
W.W. Washburn deft & appellant
Appeal from Justices court
Now at this day comes the parties by their attorney and thereupon the said plaintiff by his attorney says he will not further prosecute this cause and dismisses this cause It is therefore considered by the court that this case be dismissed and discontinued And that said Plaintiff have and recover against the said

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defendant (appellant) his costs and charges in this behalf in this court laid out and expended and that execution Issue therefor.

David R. Markey – Plff
vs
Benjamin Brown – Deft
Civil action for title to real estate
Now at this day comes the parties by their attorney and the said defendant by his attorney by leave of the court files herein his answer to said plaintiffs petition and tenders to said plaintiff a deed of execution and acknowledged for the bond on controversy which is accepted by said plaintiffs attorney And the question of costs in this cause is by the parties submitted to the court whereupon It is considered by the court that the plaintiff recover against the said defendant his costs in this behalf laid out and expended up to this proceeding and that Plaintiff pay all costs hereafter incurred in this cause.

Columbus E. Coonce – Plff
vs
Edmund Nance & Corbin S. Nance – Defts
Civil Action
Now at this day comes the said Plaintiff by his attorney and dismisses this Suit and the costs having been paid by Defendants on motion of said plaintiff It is ordered by the court that he have leave to withdraw the note sued on by leaving a copy on file with the papers in said cause.

State of Missouri – Plff
vs
George W. Short – Deft
Indictment for obstructing road
Now at this day comes again the circuit attorney who prosecutes for the State of Missouri in this behalf and also the said defendant by his attorney

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September Term 1858

and thereupon the said defendant by his attorney files herein his motion for a new trial in this cause which said motion being seen heard and fully understood by the Court is by the court overruled whereupon the said defendant by his attorney excepts to the decision of the court in overruling his said motion and prays an appeal to the Supreme court and presents to the court his Bill of exceptions which is by the Judge of the Court Signed and sealed and ordered to be filed and made a part of the record in this cause And said appeal is by this court here granted.

Barton S. Wilson, Elisha W. Brown, James A. Johnson & L.W. Brown by Wm. Style of J.T. Johnson & Co. – Plffs
Against
Henry Boatman & Thomas Dalton – Defts
Civil Action 10 per Cent Interest
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 have been duly served with process in this cause more than fifteen days before the first day of this term of this court and said plaintiff demanding a trial and the action being founded on a promissory note for the direct payment of money And the said defendants though 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 Whereupon Judgment ought to be rendered for want of an answer And the Court proceeding on to find judgment doth ascertain and find that there is still due on said note as principal the sum of One hundred and eleven dollars and twelve cents and the further sum of Two dollars

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and ninety cents by way of interest making the amount of said damages still due the sum of One hundred and fourteen Dollars and two cents. It is therefore considered by the Court that J.P. Johnson & Co. have and recover against the said Henry Boatman and Thomas Walton the said sum of One hundred and fourteen dollars and two cents so found due by the Court as aforesaid together with their costs and charges in this behalf laid out and expended and that execution issue therefor.

Joshua S. Ganes Curator of the Estate of Nicholas B. Ganes Minor – Plff
Against
Elisha Thomas, John C. Looney and Joseph W. Cox – Deft
Civil Action on 10 per cent note
Now at this day comes the said Plaintiff by his Attorney and It Appearing 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 court And the said Plaintiff demanding a trial and this action being founded on a promissory note for the direct payment of money And the said defendants though 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 wherefore Judgment ought to be rendered for want of an answer. And the Court proceeding on to find judgment doth ascertain and find that there is still due on Said note as principal and interest. Three hundred and Fifty four Dollars. It is therefore ordered adjudged by the Court that the Said Joshua Goun Cuarator of the Estate of Nicholas B. Gray have and recover of Elisha Thomas, John C. Looney & Joseph W. Cox the Said sum of Two hundred and Fifty four dollars So found by the Court as aforesaid together with their costs and charges in this behalf laid out and

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September Term 1858

expended, and that execution issue therefor.

The Grand Jury returned into court, and by their foreman, in presence of the whole of the body of Grand jurors presented the following bills of indictment To wit
One Against [space] for maiming.
One against Cain Kitterman for Selling liquor without license.
One Against William Duckworth for dealing with a slave.
One against William B. Robinson for obstructing road.
One against William Young for Keeping gambling Direct.
One against Joseph Duckworth for public indency.
One against Richard Wood and William Wilkerson for disturbing religious worship.
One Against Josiah Culbertson for failing to keep road in repair.
And having further business before them again retired to consider of their presentments and indictments.

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 the indictments this day returned and directed to the Sheriff of the proper County returnable to the next term of this Court.

John Dorchester
Against
Spencer T. Corbin & Christopher C. Corbin
Now at this day comes here into Court said plff by his Attorney and said defendants being three times Solemnly called make default and having failed to file any answer said action remains undefended and Said defendants having been duly Served with process more than fifteen days before the commencement of this present term of this Court It is considered by the Court here that Said plaintiff recover judgment against both of Said defendants on the promissory note mentioned in said plaintiffs petition and also recover judgment Against the said Christopher C. Corbin for the foreclosure of the Mortgage on said plaintiffs petition mentioned

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the Court here not being advised what damages to assess it is ordered that said cause be continued and said damages be assessed at the next term of this Court and that the intertestantery Judgment aforesaid be made final at the next term of this Court unless Good cause be Shown to the contrary.

Mordecai M. Hausbrough, William S. Vaughan
Against
Spencer Corbin, Merrill G. Phillips & Robert S. Cocke – Defts
Now at this day comes the said plaintiffs as well as the said defendants by their respective attorneys, and therefore the Said plaintiffs present to the Court and file herein Court their petition verified by affidavit stating in substance among other things that there is in the hands of the Said Merrill G. Phillips, about the Sum of Three hundred and twenty four dollars and fourteen cents, surplus of money as to the sale of a certain Steam engine, boiler, Saw Mill and the fixtures gearing maintained in said petition by the said Phillips as Deputy Constable which should be put to said Mordecai M. Hausbrough and praying among other things that the said Merrill G. Phillips & Robert P. Cocke be restrained and verified from paying over the Same to said Spencer Corbin and that said Spencer Corbin be restrained & verified from recovering the same until the final hearing of this cause and it appearing to the Court from Said petition that the said Mordecai M. Hausbrough is entitled to the same and for the good reasons appearing in said petition that the same ought not to be paid over to said Spencer Corbin. And the plaintiff having secure bond as the law directs, which bond is by the Court approved it is therefore ordered and adjudged that the said Merrill G. Phillips & the said Robert P. Cocke be restrained and verified from paying over the same to the Said Spencer Corbin be restrained and verified from receiving the same until the final hearing of this Cause until

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further order of this Court and that Summons issue for defendants to answer at next term.

State of Missouri
Against
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 William Robinson in his own proper person as principal and John Robinson and James Plummer as his securities and here in open Court acknowledge themselves indebted to the State of Missouri in the sum of Twelve hundred dollars to be levied of their respective good and chattels lands and tenements to be rendered void upon condition that the said defendant William Robinson should make his personal appearance before the Hon Judge of this Court at the Court House in the Town of Osceola in St. Clair County Missouri on the first day of the next term of this Court which commences on the first Monday in March next to answer said indictment for unlawfully selling lottery tickets and abide the decision of the Court and not depart said Court without leave of the Court.

At this day now comes again here into court the Grand Jury and present the following bills of indictment
One against [space] for an Assault with intent to Kill
Upon motion of the Circuit Attorney a capias was ordered to be issued upon an indict judgment at the present term of this Court The Grand Jury also returned here into Court their Report concerning the County Jail which is ordered to be certified to the County Court and having no further business were discharged.

Nancy J. Bailey – Plff
vs
Addison Bailey – Deft
Petition for Divorce
Now at this day comes the said plaintiff by her attorney and It appearing that the order of publication made in this case

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September Term 1858

by the clerk of this court in vacation on notifying said defendant of the pending of this action has been published as the law requires 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 It is therefore Considered by the court that an intestatory Judgment be rendered against said defendant in this cause to be made final at The next term of this court unless good cause to the court may be Shown.

Albert Sheldon, Albert G. Gardner & others – Plffs
vs
William Gardner & Thomas J. Gardner – Defts
Petition for Partition to Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair county Mo and presents to the court a deed by him executed as such Sheriff conveying to William Gardner all the right title interest Estate claim and property of the parties to said proceedings in partition in and to The North West qr of Section 8 in Township 38 of Range 24 and the East half of the North East qr of Section 7 in township 38 of Range 24 in St. Clair County Missouri
And then and there before the Judge and court acknowledged the same to be his act and deed as such Sheriff for the purposes thereupon contained
And Said Sheriff thereupon also presented to the court a report of the Sale of The real Estate belonging to Said parties by him made which by order of this court for partition which is by the approved and ordered to be filed.

It is ordered by the court that all causes and other matters not otherwise disposed of be continued until the next term of this court.

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September Term 1858

John H. Parks & others
vs
Lucy C. King & others
Petition for partition & Sheriffs Report of Sale of Slaves
Now at this day comes Daniel P. Morgan late Sheriff of St. Clair county Missouri And presents to the court a report of the sale of the Slaves belonging to the parties to said proceedings in petition by him made by order of this court for partition which is by the court approved and ordered to be filed.

Howell Lewis – Plff
vs
Francis Gwathway & others – Defts
Petition for Partition & Shffs Report of Sale & Deed
Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair County Mo And presents to the court his report of the sale of the real Estate belonging to the parties to said proceedings in petition by him sold by order of this court for partition which is by the court approved and ordered to be filed And said Sheriff also exhibits to the Court a deed by him as such Sheriff executed conveying to John Portmess all the right title interest Estate And property of the said parties to said proceedings in and to the following described real Estate To wit, Lot No. one in Block No. 5 and lots No. ten, eleven and twelve in Block No. six in the Town of Osceola in St. Clair county Mo And then and there before the Judge and court acknowledged the same to be his act and deed as such sheriff for the uses and purposes therein contained.

William H. Trolinger Adm’r of the Estate of Joseph Montgomery Dec’d
vs
Robert H. Sproull
Execution of Sheriffs Deed
Be it remembered that on this day in open court here personally appeared Daniel P.

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Morgan late Sheriff of St. Clair county Missouri And presents to the court a deed by him executed as such Sheriff conveying to William H. Trolinger all the right title interest Estate and property of the said defendant in and to the following described real Estate To wit lot No. two in Block No. 40 in the Town of Osceola in St. Clair county Missouri by him Sold as such Sheriff by virtue of Said Execution and then and there before the Judge and court acknowledged the Same to be his act and deed as such Sheriff for the uses and purposes therein contained.

Augustus Shapleigh, Thomas D. Day & Woodward Culbertson
vs
Henry Boatman & Thomas Walton
Enter Record for Sheriffs Deed

Edward Pittman & William H. Pittman
vs
Henry Boatman & Thomas Walaton
Enter Record for Sheriffs Deed

Horace Whittemon, Robert B. Whittemon & John Carter
vs
Henry Boatman & Thomas Walton
Enter Record for Sheriffs Deed

Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair county Missouri and presents to the court a deed by him executed as Such Sheriff conveying to William H. Trolinger all the right title interest Estate and property of the said defendants in the above entitled cases in and to the following described real Estate To wit lot No. Six in Block No. four in the Town of Monigan City in St. Clair County Missouri by him sold as such Sheriff by virtue of executions Issued in the above entitled cases And then and there before the Judge and court acknowledged the same to be his act and deed as such Sheriff for the uses and purposes therein contained.

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Augustus Shapleigh, Thomas D. Day & Woodward Culbertson
Against
Henry Boatman & Thomas Walton

Edward Pittman and William H. Pittman
Against
Henry Boatman & Thomas Walton

Horace Whittemon, Robert B. Whittemon & John T. Carter
Against
Henry Boatman & Thomas Walton
Be it remembered that on this day in open court here personally appeared Daniel P. Morgan late Sheriff of St. Clair County Missouri and presents to the Court a deed by him executed as such Sheriff conveying to David Biggs all the right title interest estate and property of the said defendants in the above entitled cases in and to the following described real estate to wit North West qr of the South East qr of Lot No. four in Township No. 35 Range No. 27 Containing in all 126 acres in St. Clair County Missouri by him sold as such Sheriff by virtue of executions issued in the above entitled cases And then and there before the Judge and court acknowledged the same to be his act and deed as such Sheriff for the uses and purposes therein contained.

State of Missouri – Plff
Against
George W. Preston – Deft
Indictment for an 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 George W. Preston in his own proper person as principal and William E. Cabell as his security and here in open Court acknowledge themselves indebted to the State of Missouri in the Sum of Seven hundred Dollars to be levied of their respective goods and chattels lands and tenements to be rendered void upon condition that the said defendant George M. Preston

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shall make his personal appearance before the Hon. Judge of this Court at the Courthouse in the town of Osceola in St. Clair County Missouri on the first day of the next term of said Court which commences on the first Monday in March next to answer Said indictment for an assault with intent to Kill and abide the decision of the Court and not depart Said Court without leave of the Court.

Ordered that court adjourn until court in course.

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