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St. Clair County Circuit Court
Microfilm Transcripts
MARCH TERM 1857
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March Term 1857
At a circuit court begun and held at the Court house in the Town of
Osceola within and for the county of St. Clair and State of Missouri
on Monday the 2nd day of March AD 1857 Present
Dewitt C. Ballou Judge
James W. Beck Clerk
Daniel P. Morgan Sheriff
Thos W. Freeman Cir atty
The Sheriff of St. Clair county returned into court here the names
of the following persons by him Summoned as Jurors to this term of
this court To wit
From Osceola Township – Harry C. Douglass, Thomas H. Carr, John W.
Beckley, John W. Summers, John C. Bunch, Samuel T. Weir, Stinson S.
Stearns, Joseph Culbertson Sr. and John T. Strickland 9
From Monigan Township – Simeon C. Bruce, James Rickey, William L.
Browning, James M. Hoover, Hugh Arbuckle Jr., Thomas Walton, James
W. Blakeny and Barnabas Johnson 8
From Speedwell Township – William H. Trolinger, William C. Rentfro,
James C. Motley, Benjamin T. Morris, William B. Lain and Lewis
Metcalf 6
From Washington Township – Peyton Bristow, George W. Fain, Alburn
Ayres, Samuel C. Scott, John Sims, Robert F. Gardner, Joseph Rogers,
and Lemuel R. Oakes 8
From Polk Township – Robert Jackson, Hardin Meeks and Wilson Garrett
3
From Jackson Township – Albert G. Gardner, George R. Elliott,
William Brown, Thomas F. Wright and Henry E. Moran 5
And in open court the clerk of this court administered to Daniel P.
Morgan Sheriff of St. Clair county and James Rentfro his deputy the
oath as prescribed by section 21 of Article 1 of “An act concerning
grand and petit Jurors” Approved December 5th 1855 And thereupon
Said clerk in presence of the court preceded to apportion the Grand
Jurors among the Several Townships as follows to Jackson and Polk
Townships two Jurors each and to Osceola,
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March Term 1857
Monigan, Speedwell, and Washing Townships each three Jurors and
under the direction of the court proceeded to draw from the Names of
Jurors Summoned by said Sheriff from each Township the Number of
Grand Jurors appointed to each as aforesaid from which it appeared
that the following Names were Severally drawn from the respective
Townships Towit
From Jackson Township – Thomas F. Wright who was by the court
appointed Foreman, and Albert G. Gardner
From Osceola Township – Samuel T. Weir, John L. Strickland and
Joseph Culbertson Sr.
From Monigan Township – James Rickey, James M. Hoover and Thomas
Walton
From Speedwell Township – Lewis Metcalf, William C. Rentfro and
William B. Lain
From Washington Township – George W. Fain, Samuel C. Scott and John
Sims
From Polk Township – Wilson Garrett and Robert Jackson
sixteen good and lawful men who were duly sworn and empanelled as a
Grand Inquest for the State of Missouri to inquire within and for
the body of the county of St. Clair who after receiving their charge
from the court returned to consider of their presentments and
Indictments.
State of Missouri – Plff
vs
Stanford Walters – Deft
Indictment for disturbing religious worship
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Defendant in
his own proper person And the said defendant for his plea in this
behalf says he is guilty in Manner and form as in Said Indictment is
charged against him and for his punishment puts himself upon the
mercy of the court whereupon the court doth assess a Fine of one
Dollar against said defendant. It is therefore considered by the
court that the said State of Missouri have and recover against Said
Defendant the said sum of one Dollar for her fine so assessed by the
court
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as aforesaid together with her costs in this behalf and that
execution Issue therefor and that said defendant render himself in
execution therefor.
Whereas it has been proven to the Satisfaction of the court that
Hugh Arbuckle Jr. and Peyton Bristow who were Summoned as Jurors to
this term of this court and have failed to appear have good and
Sufficient Excuses for said failure It is ordered by the court that
they be excused for failing to appear. And William H. Trolinger and
George R. Elliott offering Satisfactory excuses to the court here
are by the court released from serving as Jurors at this term of
this court.
James H. Justus & Nancy Justus his wife, William G. Iiams, Beal S.
Iiams, Elizabeth C. Iiams, John T. Iiams, Eliza A. Iiams and Martha
H. Iiams by James H. Justus their Guardian – Plffs
Exparte
Petition for assignment of Dower and partition and Sale of real
Estate
Now at this day comes the Said petitioners by their attorney and by
leave of the court files herein their said petition.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Circuit Judge
Tuesday morning March 3rd 1857 court met pursuant to adjournment
Present as on yesterday.
The Sheriff of St. Clair county by order of the court proceeded to
Summon five persons Qualified by law to serve as petit Jurors for
the remainder of this term of this court until discharged by the
court in place of those excused and absent to complete the number of
Twenty four And said Sheriff returned the names of the following
persons Summoned by said order To wit
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March Term 1857
Ira Ledbetter, George W. Hopkins Sr., Richard R. Fewell, Jesse
Looney and Peter Stephens.
Thomas C. Bradley – Plff
vs
Dabney A. Whitlow – 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.
State of Missouri – Plff
vs
Mordecai M. Hansbrough – 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
Mordecai M. Hansbrough in his own proper person and by attorney And
both parties being ready for trial the Said defendant for his plea
in this behalf says he is not guilty in Manner and form as in Said
Indictment is charged against him and for his trial puts himself
upon the country and the circuit attorney for the State of Missouri
doth the like And thereupon comes a Jury To wit. James W. Blakeny,
Benjamin T. Morris, Harry C. Douglass, Robert F. Gardner, James C.
Motley, Alburn Ayres, Barnabas Johnson, John W. Summers, William L.
Browning, Ira Ledbetter, Peter Stephens and Richard R. Fewell Twelve
good and lawful men elected and Sworn to well and truly try the
Issue in this cause Joined who after hearing the evidence and there
not being time to go through with this case this evening were by the
court adjourned until tomorrow morning 9 oclock in custody of the
Sheriff under the usual charge of the court.
State of Missouri – Plff
vs
Joseph Sloss – Deft
Indictment for Selling liquor without license
Now at this day comes the circuit attorney who prosecutes for the
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March Term 1857
State of Missouri in this behalf as well as the Said defendant
Joseph Sloss in his own proper person And thereupon the Said
defendant produces to the court here Satisfactory evidence that he
has paid to the Sheriff of St. Clair county all the costs charged in
this cause and the circuit attorneys fee of Two dollars as provided
and required by “An Act entitled an act to relieve certain persons
from the penalties of an act entitled” an act to regulate dram shops
Approved December 13th 1855” Approved February 12th 1857” It is
therefore considered and ordered by the court here that this cause
be dismissed And that the said defendant from his recognizance be
discharged and that he go hence thereof without day.
State of Missouri
vs
Joseph Sloss
Indictment for Selling liquor without License No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant
Joseph Sloss in his own proper person And thereupon the said
defendant produces to the court here satisfactory proof that he has
paid to the Sheriff of St. Clair county all the costs charged in
this cause and the circuit attorneys fee of Two Dollars as provided
and required by “An act entitled an Act to relieve certain persons
from the penalties of an Act entitled “An act to regulate Dramshops
Approved December 13th 1855” Approved February 12th 1857” It is
therefore considered and ordered by the court here that this cause
be dismissed And that the said defendant from his recognizance be
discharged and that he go hence thereof without day.
State of Missouri
vs
Joseph Sloss
Indictment for Selling Liquor without License No. 3
Now at this day comes the circuit
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March Term 1857
attorney who prosecutes for the State of Missouri as well as the
said defendant in his own proper person And thereupon the said
defendant produces to the court here satisfactory proof that he has
paid to the Sheriff of St. Clair county all the costs charged in
this cause and the circuit attorneys fee of Two Dollars as provided
and required by “An act entitled an act to relieve certain persons
from the penalties of “An act entitled “An act to regulate Dram
Shops approved December 13th 1855” Approved February 12th 1857”
It is therefore considered and ordered by the court here that this
cause be dismissed And that the said defendant from his recognizance
be discharged And that he go hence thereof without day.
State of Missouri
vs
Joseph Sloss
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 thereupon the said defendant produces to
the court here satisfactory proof that he has paid to the Sheriff of
St. Clair county all the costs Charged in this cause and the circuit
attorneys fee of Two Dollars as provided and required by “An act
entitled an act to relieve certain persons from the penalties of “An
act entitled “An act to regulate Dramshops approved December 13th
1855” Approved February 12th 1857” It is therefore considered and
ordered by the court here that this cause be dismissed and that the
said defendant from his recognizance be discharged and that he go
hence thereof without day.
State of Missouri
vs
Joseph Sloss
Indictment for selling Liquor without License No. 5
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the said defendant in his own proper
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March Term 1857
person And thereupon the said defendant produces to the court here
satisfactory proof that he has paid to the Sheriff of St. Clair
county all the costs Charged in this cause and the circuit attorneys
fee of Two Dollars as provided and required by “An act entitled” an
act to relieve certain persons from the penalties of an act entitled
“An act to regulate Dramshops approved December 13th 1855” Approved
February 12th 1857” It is therefore considered and ordered by the
court here that this cause be dismissed and that said defendant from
his recognizance be discharged and that he go hence thereof without
day.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Cir Judge
Wednesday morning March 4th 1857 court met pursuant to adjournment
present as on yesterday.
State of Missouri
vs
Samuel B. Shryers
Indictment for laboring on Sunday
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person and thereupon the said defendant for his plea
in this behalf says he is not guilty in manner and form as in said
Indictment is charged against him and for his trial puts himself
upon the country and the circuit attorney for the State of Missouri
doth the like and thereupon comes a Jury To wit: John C. Bunch,
William Brown, Hardin Meeks, Jesse Looney, Simeon C. Bruce, George
W. Hopkins, John W. Beckley, Stinson S. Stearns, Joshua W. Ellis,
John L. George, John R.S. Burke and Littleton Clarkson. Twelve good
and lawful men Elected and Sworn to well and truly try the Issue in
this cause Joined who after hearing the evidence
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returned into court the following verdict To wit: “We the Jury find
the defendant guilty in Manner and form as charged in the Indictment
and assess the Fine at one dollar. S.C. Bruce 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 one
Dollar for her fine So assessed by the Jury as aforesaid together
with her costs in this behalf and that execution Issue therefor and
that said Defendant render himself in execution therefor.
State of Missouri – Plff
vs
Mordecai M. Hansbrough – Deft
Indictment for a felonious assault
Now at this day comes again the circuit attorney who prosecutes for
the State of Missouri in this behalf as well as the said defendant
in his own proper person and the Jury Sworn on yesterday to try the
Issue in this cause returns again into court here and returned the
following verdict To wit “We the Jury upon our oaths find the
defendant Guilty in Manner and form as charged in the Indictment and
assess a fine of one hundred dollars. H.C. Douglass 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 one
hundred Dollars for her Fine So assessed by the Jury as aforesaid
together with her costs in this behalf And that execution Issue
therefor and that said defendant render himself in execution
therefor.
State of Missouri
vs
Daniel P. Todd
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 thereupon the Said defendant produces to
the court here satisfactory proof that he has paid all costs charged
in this Cause
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March Term 1857
to those entitled thereto and has paid to the Sheriff of St. Clair
County the circuit attorneys fee of Two dollars as provided and
required by “An act entitled an act to relieve certain persons from
the penalties of “An act Entitled” An Act to regulate Dramshops
approved December 13th 1855” Approved February 12th 1857.” It is
therefore considered and ordered by the court here that this cause
be dismissed. And that the said defendant from his recognizance be
discharged and that he go hence thereof without day And thereupon
the said circuit attorney files herein his motion and moves the
court to Set aside the order dismissing this cause and reinstate the
same on the docket which Said motion being Seen heard and fully
understood by the court is by the court overruled to which the Said
circuit attorney excepts and presents to the court his bill of
exceptions which is Signed and sealed by the Judge of this court and
made a part of the record And thereupon the said circuit attorney
prays an appeal to the Supreme court which is by the court here
granted.
State of Missouri
vs
Daniel P. Todd
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 in
his own proper person and thereupon the said defendant produces to
the court Satisfactory proof that he has paid all costs charged in
this cause and has the circuit attorneys fee of Two dollars as
provided and required by “An act entitled an act to relieve certain
persons from the penalties of an act entitled “An Act to regulate
Dramshops approved December 13th 1855” Approved February 12th 1857”
It is therefore considered and ordered by the court that this cause
be dismissed and that said defendant from his recognizance be
discharged and that he go hence thereof without day And thereupon
the said circuit attorney files herein his motion and moves the
court
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March Term 1857
to set aside the order dismissing this cause which Said Motion being
Seen heard and fully understood by the court here is by the court
overruled to which said decision of the court in overruling his said
Motion the said circuit attorney excepted and presented to the court
his bill of exceptions and prays an appeal to the Supreme court
which said bill of exceptions was Signed and Sealed by the Judge of
this court and made a part of the record and said appeal is by the
court here granted.
State of Missouri
vs
Joseph Sloss
Indictment for Selling Liquor without License No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and presents to the court here and
files herein his Motion and moves the court to Set aside the order
dismissing this cause and reinstate the same on the docket which
said Motion being seen and heard and fully understood by the court
here is by the court overruled whereupon the said circuit attorney
excepts to the decision of the court in overruling his said Motion
and presents to the court his Bill of exceptions and prays an appeal
to the Supreme court which said bill of Exceptions is Signed and
sealed by the Judge of this court And said Appeal is by the court
here granted.
State of Missouri
vs
Joseph Sloss
Indictment for Selling Liquor without License No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and files herein his Motion and
Moves the court to set aside the order dismissing this cause which
said motion being seen heard and fully understood by the court is by
the court overruled whereupon the said circuit attorney excepts to
the decision of the court in overruling Said Motion prays an appeal
to the Supreme court And presents to the court his bill of
exceptions which is Signed and sealed by the Judge of this court And
said appeal is by the court here granted.
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March Term 1857
State of Missouri
vs
Joseph Sloss
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 presents to the court his
motion and moves the court to set aside the order dismissing this
cause which said motion being Seen and heard and fully understood by
the court here is by the court overruled whereupon the Said circuit
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 this court
signed and sealed and said appeal is by the court here granted.
State of Missouri
vs
Hannibal Ross
Indictment for selling Liquor without License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And on his motion it is ordered by
the court that an Alias Capias writ be Issued in this cause against
the said defendant returnable to the next term of this court.
State of Missouri
vs
Elbert Feaster
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
Elbert Feaster in his own proper person and both parties being ready
for trial the said defendant for his plea in this behalf says he is
not guilty in manner and form as in said indictment is charged
against him and for his trial puts himself upon the country and the
circuit attorney for the State of Missouri doth the like And
thereupon comes a Jury Towit Henry E. Moran, James W. Blakeny,
Benjamin T. Morris, John W. Summers, Barnabas Johnson, Alburn Ayres,
James C. Motley, Lemuel R. Oakes, George Osey Jr.
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March Term 1857
William Moore, Joseph Sloss, and Daniel P. Todd Twelve good and
lawful men Elected and duly sworn to well and truly try the Issue in
this cause Joined who after hearing the evidence returned into court
here the following verdict To wit “We the Jury upon our oaths find
the defendant guilty in manner and form as charged in the Indictment
and fine him the sum of one hundred Dollars. B. Johnson 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 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 capias execution Issue therefor and that said defendant render
himself in execution therefor.
State of Missouri
vs
Edward Hall
Indictment for assault with intent to ravish
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And say he will not further
prosecute said Indictment It is therefore considered and ordered by
the court here that this cause be dismissed and discontinued and
that said defendant be acquitted.
State of Missouri
vs
Mitchell Gash and Benjamin F. Copenhaver
Indictment for running horses on highway
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendants
Mitchell Gash and Benjamin F. Copenhaver in their own proper persons
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 the circuit attorney for the State
of Missouri doth the like And thereupon
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March Term 1857
comes a Jury To wit Stinson S. Stearns, John C. Bunch, George W.
Hopkins Sr., Jesse Looney, John W. Beckley, Hardin Meeks, Richard R.
Fewell, Peter Stephens, Robert F. Gardner, Joseph Rogers, Thomas H.
Carr and William Foster Twelve good and lawful men Elected and duly
Sworn to well and truly try the Issue in this cause Joined who after
hearing the evidence and there not being time to go through with
this case this evening the Jury was by the court adjourned until
tomorrow morning 9 oclock under the usual charge of the court.
Theoderick Snuffer
vs
Socrates B. Stone
Civil action
Now at this day comes the Said parties by their attorneys and on
motion of Said Defendant and for good and Sufficient cause Shown to
the court here It is ordered by the court that this cause be
continued until the next term of this court at the costs of the Said
defendant It is therefore considered by the court here that the said
Plaintiff have and recover against the Said defendant his costs in
this behalf laid out and expended at and about this term of this
court. And that execution Issue therefor.
Martin M. Ferrin
vs
Joseph C. Montgomery
Civil action
Now at this day comes the said parties by their attorneys And on
motion of said plaintiff by his attorney and for good and sufficient
cause shown to the court here It is ordered by the court that this
cause be continued until the next term of this court at the costs of
the Said Plaintiff.
It is therefore considered by the court here that the said defendant
have and recover against the said Plaintiff his costs in this behalf
laid out and expended at and about this term of this court And that
Execution Issue therefor.
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March Term 1857
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
C. Ballou Cir Judge
Thursday morning March 5th 1857 court met pursuant to adjournment
present as on Yesterday.
State of Missouri
vs
Mitchell Gash and Benjamin F. Copenhaver
Indictment for running horses in highway
Now at this day comes again here into court the circuit Attorney who
prosecutes for the State of Missouri in this behalf as well as the
Said defendants in their own proper persons and by attorney and the
Jury Sworn on yesterday to try the Issue in this cause Joined
returns again in to court here and after hearing the arguments of
counsel returned into court the following verdicts “To wit “We the
Jury find Mitchel Gash guilty in manner and form as charged in the
Indictment and assess the fine to Five dollars. S.S. Stearns
Foreman”
It is therefore considered by the court that the Said State of
Missouri have and recover against the said defendant Mitchel Gash
the said sum of Five Dollars for her fine so assessed by the Jury as
aforesaid together with her costs in this behalf laid out and
expended against the said defendant Gash and that execution Issue
therefor with capias clause therein and that Said Defendant Gash
render himself in execution therefor
And it is further considered by the court that the said defendant
Benjamin F. Copenhaver be acquitted and from his recognizance
discharged and that he go hence thereof without day.
Thomas C. Bradley
vs
Dabney A. Whitlow
Civil action
Now at this day
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March Term 1857
comes the said parties by their attorneys and by agreement of said
parties It is ordered by the court that this cause be continued
until the next term of this court.
John B. Brown & John McDowell Adm’r Debones Non of the Estate of
Henry Dent Dec’d
Appeal from county court
Now at this day comes the said parties by their attorneys and on
motion of Said Defendant by his attorney 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 costs of
Said defendant. It is therefore considered by the court here that
the Said plaintiff have and recover against the Said Defendant his
costs in this behalf laid out and expended at and about this Term of
this court which is by the court here ordered to be certified to the
county court of St. Clair county.
William H. Trolinger Adm’r of the Estate of Joseph Montgomery Dec’d
vs
Robert H. Sproull
Civil action
Now at this day comes the said parties by their attorneys and by
agreement of said parties It is ordered by the court that the Said
Defendant have leave to file his answer to Said plaintiffs petition
on or before the first day of the next term of this court.
State of Missouri
vs
Elbert Feaster
Indictment for felonious assault
Now at this day comes the Said defendant Elbert Feaster in his own
proper person and by attorney and Said defendant by his attorney and
by leave of the court here files herein his motion in arrest of the
Judgment in this cause rendered on yesterday.
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March Term 1857
Pendleton Motley – Plff
vs
Matthew Arbuckle & William M. Owsley and Joseph H. Green & Joshua L.
Green administrators of the Estate of Joseph H. Green Dec’d – Defts
Civil Action
Now at this day comes into court here the Said Plaintiff by his
attorney and on his Motion It is ordered by the court here that this
Suit be dismissed as to the said Defendant William M. Owsley. And
the Said defendants Matthew Arbuckle & Joseph H. Green and Joshua L.
Green being three times Solemnly called comes not but make default
And there being no answer to said plaintiffs petition wherefore the
said plaintiffs action remains against the Said defendants
undefended And it appearing to the court here from the actions of
the Sheriffs of St. Clair and other counties that each and all of
said last named defendants have been duly served with process in
this cause more than Twenty days before the first day of this term
of this court by copy
Wherefore Judgment ought to be rendered for want of answer And this
action being founded upon a promissory note for the direct payment
of money where by the amount due as principal and interest is by the
court here ascertained and found to be the sum of Five hundred and
Twenty eight Dollars and fifteen cents which said Sum is by the
court here assessed against the said defendants Matthew Arbuckle and
against the said Joseph H. Green and Joshua L. Green as
Administrators of the estate of the Said Joseph H. Green Dec’d
It is therefore considered by the court here that the said Plaintiff
have and recover against the Said defendants Matthew Arbuckle and
against the said Joseph H. Green and Joshua L. Green as
administrators of the Estate of the said Joseph H. Green Deceased
the Said Sum of $528.15 cents So found and assessed by the court as
aforesaid together with his costs in this behalf laid out and
expended and that he have against the
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March Term 1857
Said defendant Matthew Arbuckle Execution.
Catharine Lawson – Plff
vs
James Lawson – Deft
Civil action for divorce
Now at this day comes the plaintiff as well as the defendant by
their attorneys and both parties being ready for trial and neither
party requiring a Jury the cause is submitted to the court upon the
petition of plaintiff and evidence offered by Plaintiff and It being
proved to the satisfaction of the court here that the defendant on
or about the 1st day of December 1855 at the county of Hickory in
the State of Missouri forcibly and in an angry manner put plaintiff
out of his house in the night time and forbid her from ever
returning into his house again then and there and thereby offering
to plaintiff Such indignities as to render her condition in life
intolerable the charge alledged in said petition. In consideration
of the premises It is ordered adjudged and decreed by the court here
that the bonds of matrimony heretofore contracted between plaintiff
and defendant be set aside made void and held for nought and that
plaintiff be divorced from defendant And that defendant be permitted
to marry again It is further ordered that plaintiff have and recover
of defendant her costs in this behalf laid out and expended and that
execution Issue therefor. And the opinion of the court in accordance
herewith is filed herein.
Thomas Copenhaver adm’r of the Estate of James L. Smith Dec’d – Plff
vs
John Burch – Deft
Appeal from Justices court
Now at this day comes the said parties by their attorneys and the
Motion filed by said defendant at the last term of this court to
dismiss Said appeal coming on to be heard and the same being Seen
heard and fully understood by the court is by the court here
overruled And both parties being ready for trial comes a Jury To wit
Barnabas Johnson, William Brown, James C. Motley, Alburn Ayres,
Lemuel R. Oakes and James W. Blakeny Six good and lawful men elected
and duly Sworn to
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March Term 1857
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 upon our oath find for the plaintiff Ten dollars &
36/100. William Brown foreman”
It is therefore considered by the court here that the said plaintiff
Thomas Copenhaver as administrator of the Estate of the Said James
L. Smith Deceased have and recover against the said defendant John
Burch the Said Sum of $10.36 cents for his debt so found by the Jury
as aforesaid together with his costs in this behalf laid out and
expended as well as in the court balance and that execution Issue
therefor.
Now at this day comes Thomas W. Freeman circuit attorney who
prosecutes for the State of Missouri in the court and Shows to the
court from the returns of the Sheriff of St. Clair County that James
Sproull, William Hodgson, Thomas Hodgson, Thomas Coulthard and Adam
Coulthard have been duly Summoned to appear and testify before the
Grand Jury at this term of this court that they have all failed to
appear according to said Summon on Motion of said circuit attorney
It is ordered by the court that an Attachment be Issued to bring
said witnesses before the Grand Jury also to answer for contempt of
this process for of this court returnable to the first day of the
next term of this court.
The Grand Jury returned into court here and by their foreman
presented to the court the following Bills of Indictment To wit
one Bill of Indictment against Vincent Wyatt for Sabbath breaking
One Bill of Indictment against John Barber for Gaming
one Bill of Indictment against Thomas Coulthard for gaming
One Bill of Indictment against Thomas Chilton for Selling liquor
without license
one Bill of Indictment against
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March Term 1857
Albert Wood for Gaming
One Bill of Indictment against John Piper, Jefferson Piper, James
Pritchard, Harrison Good and Dumas Elkins for disturbing the peace
of the family in the night time
And having no further business before them were by the court
discharged.
It is ordered by the court that capias writs be Issued on all
Indictments found at this term of this court directed to the Sheriff
of the proper County returnable to the next term of this court.
William C. Douglass – Plff
vs
Edward Gray – Deft
Replevin
Now at this day comes again the said plaintiff by his attorney And
the Said Defendant though three times solemnly called comes not but
makes default and there being no answer filed to said plaintiffs
petition wherefore the said plaintiffs action remains against said
defendant undefended.
And said plaintiff here in open court waives all claim for damages
on account of the detention of the said Bay Mare Sued for And an
interlocutory Judgment having been heretofore rendered by the court
for the possession of Said bay mare and the same being in the
possession of Said plaintiff In consideration of the premises It is
considered and adjudged by the court here that Said Judgment be made
final and that Said Plaintiff return said Bay mare absolutely And
that he have and recover against Said Defendant his costs in this
behalf laid out and expended and that Execution Issue therefor.
Ordered that Court adjourn until tomorrow morning 9 oclock.
De Witt C. Ballou Circuit Judgement
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March Term 1857
Friday Morning March 6th 1857 court met pursuant to adjournment
present as on yesterday.
James E. Bouldin – Plff
vs
Robert H. Sanders – Deft
Petition for title to land
Now at this day comes the said plaintiff by his attorney and by
leave of the court files herein his petition to supply the place of
the original petition filed by Plaintiff in this cause which has
been lost or misslaid and cannot now be found and the Deft is
granted leave to file amended answer on or before the first day of
the Next term of this court.
Thomas W. Freeman circuit attorney who prosecutes for the State of
Missouri in this court being absent It is ordered by the court that
Waldo P. Johnson attorney at law be appointed circuit attorney
protem.
State of Missouri
vs
Elbert Feaster
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
Elbert Feaster in his own proper person and by attorney And the
motion in arrest of the Judgment rendered in this cause filed by
said defendant on yesterday coming on for trial and Said motion
being Seen heard and fully understood by the court here is by the
court here Sustained.
It is therefore considered by the court that Said Judgment be
arrested And thereupon the Said Circuit attorney Excepts to the
decision of the court in Sustaining said motion and in arresting
Said Judgment and presents to the court his Bill of exceptions and
prays an appeal to the Supreme court Which said bill of exceptions
is Signed and Sealed by the Judge of this court here and filed and
Said appeal is by the court here Granted.
J.D. Gildersleeve
vs
William B. Lain
Appeal from Justices court
Now at this day comes the
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March Term 1857
Said parties by their attorneys and by agreement of Said parties by
their attorneys It is ordered by the court that this cause be
continued until the next term of this court.
J.D. Gildersleeve
vs
Peter Stephens
Appeal from Justices court
Now at this day comes the said parties by their attorneys and by
agreement of said parties It is ordered by the court that this Cause
be continued until the Next term of this court.
State of Missouri
vs
Elbert Feaster
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
Elbert Feaster in his own proper person as principal and Jacob K.
Feaster as his Surety and here in open court acknowledge themselves
to owe and Stand indebted to the State of Missouri in the Just and
full sum of Five hundred Dollars to be levied of their respective
goods and chattels lands and tenements to be rendered void upon
condition that the said defendant Elbert Feaster Shall appear in the
Supreme court of the State of Missouri at the Capitol in the City of
Jefferson at the next term thereof to receive Judgment on the appeal
taken in this cause from this court and in this court if the Supreme
court Shall so order And at such time and place as such court shall
direct and that he will render himself in execution and obey every
order and Judgment which Shall be made in the premises.
Elizabeth P. Offutt
vs
Peter Brown and others
Petition for the title to real Estate
Now at this day comes the Said plaintiff by her attorney And on
motion of said
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March Term 1857
Plaintiff It is ordered by the court that Henry Reese and others be
made parties Plaintiffs to Said Suit and that they have leave to
file their amended petition in said cause on or before the first day
of the next term of this court.
Ordered that court adjourn until tomorrow morning 9 oclock. De Witt
C. Ballou Circuit Judge
Sunday morning March 7th 1857 court met pursuant to adjournment
present as on yesterday.
James H. Justus and Nancy Justus his wife late widow of John H.
Iianis deceased – and William G. Iianes, Beale S. Iiams, Elizabeth
C. Iiams, John T. Iiams, Eliza A. Iiams and Martha H. Iiams by their
Guardian James H. Justus – Plaintiffs
Exparte
Petition for assignment of Dower and partition and Sale of real
estate
Now at this day comes again into court here said parties by their
attorney as well as the Said William G. Iiams, Beal S. Iiams,
Elizabeth C. Iiams, John T. Iiams, Eliza A. Iiams and Martha H.
Iiams by their guardian James H. Justus and being ready for trial a
hearing of Said cause the Same was Submitted to the Court here upon
the petition and evidence in this Cause and the Court here after
hearing Said petition and evidence doth find that Some time in the
month of April 1852 that one John H. Iiame of the County of St.
Clair in the State of Missouri departed this life and previous to
the time, of his death had entered into a contract with one John E.
Morgan for the following described land Situated in St. Clair County
Missouri To wit the West half of the North East quarter of Section
No. five in Township No. Thirty eight of Range No. Twenty Six
Containing Eighty acres had paid for Said land and had possession of
the Same, but had received from Said Morgan a Deed for Said land and
the Court doth further find that the Said John H. Iiams deceased at
the time of his death left
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March Term 1857
the following named persons his children and heirs at Law to witt
William G., Beal S., Elizabeth C., John T., Eliza A. and Martha H.
Iiams also a widow to wit Nancy Justus then Nancy Iiams widow of the
Said John H. Iiams deceased who Since the death of the Said John H.
Iiams has intermarried with the Said James H. Justus who is a party
to the petition and the Court here doth find that Since the death of
Said John H. Iiams deceased The aforesaid John E. Morgan made a Deed
Conveying to the Six above named Children of the Said John H. Iiams
deceased The land above described and the Court doth further find
that the Said Nancy Justus is entitled to Dower in Said real Estate
as widow of the Said John H. Iiams deceased being the use of one
third of said real estate to wit during her natural life and that
the Said William G. Iiams, Beal S. Iiams, Elizabeth C. Iiams, John
T. Iiams, Eliza A. Iiams and Martha H. Iiams children of the Said
John H. Iiams deceased are each entitled to one undivided Sixth part
of Said real Estate Subject to Said widows Dower aforesaid and the
Court here doth further find that from the Nature and amount of Said
real Estate Sought to be divided, and the number of Said owners that
partition thereof Cannot be made in Kind without great prejudice to
Said owners It is ordered and decreed by the court here and the
court here doth Order adjudge and decree that Dower be admeasured to
said widow and that partition of real Estate be made between the
parties to this proceeding according to their respective rights as
herein before ascertained and that the Sheriff of St. Clair County
Missouri proceed to Sell the whole of Said real Estate according to
law for one tenth cash in hand and that the residue on a credit of
twelve months But not to be Sold for less than five hundred Dollars
the Sheriff taking notes with Good Security for the purchase money
prepaid and that after paying the costs and expenses of this
proceeding that he report to this Court and to retain the money
arising from the proceeds of Said Sale until the further order of
the court and it is further ordered that Waldo P. Johnson be allowed
the Sum of Twenty Dollars as an attorneys fee to be taxed and paid
as other Costs And the opinion of the court in accordance herewith
is filed herein.
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March Term 1857
James C. Hinkle, Elijah Hinkle, Menville D. Hinkle, Frances McGuire,
Thomas McGuire, Robert L. Hopkins and Elizabeth Hopkins, Abigail
Hinkle and Elizabeth Hinkle – Plffs
vs
Russel G. Cole and Emily Cole – Defendants
Petition for Partition and Commissioners Report
Now at this day comes again the Said plaintiffs by their attorneys
and the commissioners appointed by this court at the last term of
the court comes into court here and presents to the court their
Report of their proceedings in relation to said partition And It
appearing to the Court here that said report and proceedings of Said
Commissioners has been by them Signed and acknowledged as the law
requires And there being no objections to said report or good cause
shown to Set the Same aside It is therefore considered by the court
that said report be confirmed and that the Same be filed and
recorded which is as follows To wit
“State of Missouri County of St. Clair:
The undersigned appointed by the Judge of the circuit court of St.
Clair County Mo. to Make partition of the lands belonging to the
Estate of William Hinkle deceased and assign and lay off the widows
Dower in the Same, Sworn that they will honestly and impartially
execute the trusts reposed in them.
Given under our hands this 24th day of February 1857.
Geo. R. Elliott (Seal)
Jno. T. McClain (Seal)
Wm. C. Douglass (Seal)
Subscribed and Sworn to before me The day and year above written
James W. Beck clerk
We the undersigned commissioners according to order met upon the
lands of William Hinkle
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March Term 1857
deceased late of the county of St. Clair and State of Missouri and
after examining the Said tract of land and of opinion that the Same
Cannot be divided among the heirs entitled to a distribution in S’d
land without prejudice and loss and would Respectfully Recommend
that the whole tract be Sold for distribution Subject to the dower
assigned and Set apart by us to the widow Elizabeth Hinkle wife of
the S’d William Hinkle Dec’d – which is as follows viz beginning at
a Stake at the SW corner of SW frl qr of Sec. No. 6 Township No. 38
Range No. 24 nad thence East 100 poles to a Stake then 80 poles
North to a Stake then 100 poles west to a Stake then 80 poles South
to the beginning Containing in all fifty acres embracing the
dwelling house and other buildings and part of the farming land all
of which is respect reported to court. Given our hands and Seals
this 24th day of February 1857.
Fees
To Geo. R. Elliott Surveying 1.00
To Geo. R. Elliott Court 2 days 3.00 total 4.00
Wm. C. Douglass Court 2 days 3.00
Jno. T. McClain Court 2 days 3.00
Total 10.00
Geo. R. Elliott (Seal)
Jno. T. McClain (Seal)
Wm. C. Douglass (Seal)
State of Missouri
County of St. Clair, SS
Be it remembered that on this 24th day of February AD 1857 before me
James W. Beck clerk of the Circuit Court of St. Clair County,
Missouri personally appeared George R. Elliott, John T. McClain and
William C. Douglass all personally Known to me to be the real
persons whose names appear Subscribed to the foregoing instrument of
writing as having executed the Same and Severally acknowledged the
Same to be their act and deed for the uses and purposes therein
specified
In testimony whereof I hereunto Subscribe my name and affix the Seal
of Said Circuit court at office in Osceola the day and year above
written.
James W. Beck clerk
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March Term 1857
And it is further considered adjudged and decreed by the court here
that the admeasurement and assignment of Dower made by said
commissioners as Specified in said report be firm and effectual
forever And It appearing from said report that Said real Estate is
So situated that partition thereof Cannot be made without great
prejudice to the owners of the Same and the court being satisfied
that said report is Just and Correct It is therefore Ordered
adjudged and Decreed by the court here that the Sheriff of St. Clair
county Missouri proceed to Sell the whole of said real Estate at
public auction to the highest bidder (Subject to the Dower of said
widow) for and during her natural life for Ten per cent cash in hand
and the remainder on a credit of twelve months taking notes with
good Security for the purchase money unpaid.
Albert Sheldon and Eliza Sheldon, Albert G. Gardner, Sarah Gardner
and Eliza Gardner by her Guardian Sarah Gardner – Plffs
vs
William Gardner and Thomas J. Gardner – Defts
Petition for Partition and Commissioners Report
Now at this day comes again the Said plaintiffs by their attorney
and the Commissioners appointed by this court at the last term of
this Court Comes into Court here and presents to the court their
report of their proceedings in relation to said partition And it
appearing to the Court here that said report and proceedings of said
Commissioners has been by them Signed and acknowledged as the law
requires and there being no objections to said report or good Cause
Shown to set the Same aside. It is therefore Considered by the Court
that said report be Confirmed and that the Same be filed and
recorded which is as follows To wit:
“State of Missouri County of St. Clair ss
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March Term 1857
The undersigned appointed by the Judge of the St. Clair Circuit
Court as Commissioners to make partition of the lands and Slaves
belonging to the Estate of James Gardner deceased among the heirs of
said Estate Sworn that they will honestly and impartially execute
the trusts Reposed in them. Given under our hands this 3rd day of
February 1857.
Geo. R. Elliott (Seal)
Jno. T. McClain (Seal)
Wm. C. Douglass (Seal)
Subscribed and Sworn to before Me this day and year above written.
James W. Beck Clerk
And the undersigned Commissioners according to Order met upon the
lands of James Gardner deceased late of the County of St. Clair and
State of Missouri and after surveying the said land and of aforesaid
Said land Cannot be divided among the heirs to said Estate without
prejudice & loss and we then laid off and assigned as dower to the
widow of Said James Gardner dec’d As follows viz beginning at the
North East Corner of the NW qr of Sec. No. 8 Township No. 38 Range
24 Beginning thence 59 chains South to a stake thence 64 chains West
to a Stake thence North 59 chains to a Stake thense 64 chains East
to the begginning making in all 94 acres 1 Rod & 24 poles embracing
the dwelling of s’d dec’d and part of the farming land except that
the administrator Shall Retain the Mills & Mill house & fixtures for
the benefit of s’d Est Also these partitioned the Slaves of Said
list as follows (viz)
To Sarah Gardner (widow)
Luke (negro man) at $1000.00
Jane & infant child at 600.00
Total 1600.00
To Albert Sheldon
Vina at 700.00
To William Gardner
Frank at 425.00
To Albert S. Gardner
Emeline at 350.
Ax at 350.
Total 700.00
To Wit Jefferson Gardner
Mary at 650.00
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March Term 1857
To Eliza Gardner (minor)
Patsey at $550.00
Total valuation $4675.00
widows dower in Slaves $1558.33 ½
total $2116.66 ½
distribution Share to each heir $623.33 ½
All of which is respectfully Reported to Court
Given under our hands & seals this 24th day of February 1857
Fees Cts.
To George R. Elliott for Surveying 1.00
To George R. Elliott Court 2 days 3.00
To William C. Douglass Court 2 days 3.00
To Jno. T. McClain Court 2 days 3.00
Total $10.00
George R. Elliott (Seal)
Jno. T. McClain (Seal)
Wm. C. Douglass (Seal)
State of Missouri
County of St. Clair ss
Be it remembered that on this 24th day of February AD 1857 before Me
James W. Beck Clerk of the Circuit Court of St. Clair County
Missouri personally appeared George R. Elliott, John T. McClain and
William C. Douglass all personally Known to me to be the real
persons whose names appears Subscribed to the foregoing instrument
as having executed the Same and Severally acknowledged and declared
the same to be their act and deed for the reasons and purposes
therein Specified In testimony whereof I have hereunto Subscribed my
name and affix the seal of said Circuit Court at office in Osceola
this day and year aforesaid.
James W. Beck Clerk
And it is further considered adjudged and decreed by the Court here
that the admeasurement and assignment of dower Partition & of Slaves
and made by said commissioners as Specified in Said report be firm
and effectual forever And it appearing from said report that said
real estate is to be situated that partition Cannot be made there
of, Cannot be
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March Term 1857
without great prejudice to the owners of the Same And the Court
being Satisfied that the said report is Just and correct. It is
therefore ordered adjudged and decreed by the court here that the
Sheriff of St. Clair County Missouri proceed to Sell the whole of
said real estate at public auction to the highest bidder (Subject to
the dower of the widow) for and during her natural life for Ten per
Cent Cash in hand and remainder on Credit of Twelve months taking
notes with good Security for the purchase money unpaid.
It is ordered by the court that all Causes and matters not otherwise
disposed of be continued until the next term of this Court.
Ordered that Court adjourn until Court in Course.
De Witt C. Ballou Circuit Judge
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