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St. Clair County Circuit Court
Microfilm Transcripts
In Vacation February 1853
Page 342:
In Vacation February 8th 1853
The State of Missouri
Seventh Judicial circuit
In Vacation February 8th AD 1853
Whereas George Preston Sheriff and Jailer of the county of St. Clair
has this day notified me as Judge of said St. Clair Circuit court
that one William Ruark was by him arrested on the 27th day of
January 1853 charged by indictment with the crime of Murder and
there being no Jail in the county of St. Clair That he had committed
said William Ruark to the Jail of Cedar County it being the nearest
Jail and Delivered him to the custody of the Sheriff of Said Cedar
County And it being more than two Months before the next regular
term of the Circuit court of said St. Clair county Therefore I Waldo
P. Johnson Judge of the circuit court of Said St. Clair County do
Order and cause a Special Term of Said St. Clair Circuit Court to be
held at the courthouse in Osceola within and for the County of St.
Clair to commence on Monday the 21st day of February 1853 for the
trial of said William Ruark.
Waldo P. Johnson Cir Judge
The order of which the above is a true copy was filed the 8th day of
February AD 1853.
James W. Beck Clerk
Special Term February 1853
Page 343:
Special Term February 1853
At a circuit court begun and held at the court house in the Town of
Osceola in St. Clair county Missouri in pursuance of the foregoing
Order on Monday the 21st day of February AD 1853
Present Hon. Waldo P. Johnson Judge
James W. Beck Clerk
George Preston Sheriff
Burr H. Emerson Cir. Atty.
Now at this day comes William Montgomery Sheriff of Cedar County
Missouri and Delivers up to the court here the body of William Ruark
who Stands Indicted in this court upon the charge of Murder
whereupon It is ordered by the court that the said William Ruark be
taken into custody by the Sheriff of St. Clair county and by him
Safely kept.
The State of Missouri – Plaintiff
vs
William Ruark – Dedft
Indictment for Murder
Whereas Satisfactory Excuses have been offered to the court by
Ashford Peebly, Bennett Pitt, William R. Williams and John Clarkson
all of whom have been Summoned by the Sheriff of St. Clair county by
virtue of a Special Venire facias for a Jury to try the cause It is
ordered by the court that each and all of them be Excused and
Exempted from attendance and serving as Jurors in this cause.
The State of Missouri – Pltff
against
William Ruark – Defdt
Indictment for Murder
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
person and the said defendant for his plea 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: Obediah Vaughn, Samuel V. Keller,
Joshua W. Ellis,
Page 344:
Special Term February 1853
Holden W. Cox, Elijah L. Harper, James Addington, Henry Dudley,
Ephraim Rippetoe, P.W. Aiken, William Rice, Williamson W. Marlow and
Daniel Cline, Twelve good and Lawful men well and truly Elected and
sworn to try the issue in this cause Joined who after hearing a
portion of the Evidence and there not being time to go through with
this cause to day It is ordered by the court that the Jury be
adjourned until tomorrow Morning 9 oclock And to be in custody of
the Sheriff of St. Clair county under the charge of the court.
Ordered that court adjourn until tomorrow Morning 9 oclock. Waldo P.
Johnson
Tuesday morning 9 oclock court met pursuant to adjournment Present
as on yesterday.
The State of Missouri – Plaintiff
against
William Ruark – Defendant
Indictment for Murder
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
person and the Jury in custody of the Sheriff of St. Clair county
and the Evidence and arguments in this cause Not being through It is
ordered by the court that the Jury be adjourned until tomorrow
morning 9 oclock In custody of the Sheriff of St. Clair county under
the charge of the court.
Ordered that court adjourn until tomorrow morning 9 oclock. Waldo P.
Johnson
Wednesday morning 9 oclock court met pursuant to adjournment Present
as on Yesterday.
The State of Missouri – Plaintiff
Against
William Ruark – Defendant
Indictment for Murder
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the said (over)
Page 345:
Special Term Feby 1853
Defendant in his own proper person and also the Jury Sworn to try
the issue in this cause returns in custody of the Sheriff of St.
Clair county and after hearing the Evidence and arguments of counsel
the Jury returns into court her the following verdict to wit “We the
Jurors find the Defendant William Ruark not guilty as charged in the
indictment Feby 23rd 1853, William Rice Foreman” It is therefore
considered by the court that the said Defendant William Ruark from
Custody be discharged and that the go hence thereof without day.
Ordered that court adjourn until tomorrow morning 9 oclock.
Thursday morning 9 oclock court met Pursuant to adjournment Present
as on yesterday.
Ordered that court adjourn until court in course. Waldo P. Johnson
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