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St. Clair County Circuit Court
Microfilm Transcripts
May Term 1853
Page 347:
May Term 1853
At a circuit court begun and held at the Court House in the Town of
Osceola in St. Clair county Missouri on Monday the Second day of May
AD 1853 There were Present
Hon. Waldo P. Johnson Judge
James W. Beck Clerk
George Preston Sheriff
Burr H. Emerson Cir Atty
The Sheriff of St. Clair county returns into Court here the Venire
facias for a Grand Jury together with the panel of Jurors Summoned
by virtue Thereof from which the following named Persons Were Sworn
To wit Hugh Barnett who was by the court appointed Foreman, Bennett
Pitts, Clement Strickland, George Tally, James Richey, Richard R.
Fewel, William Allen, William Dudley, Jas. Ledbetter, Ebenezor Gash,
Thomas N. Henley, William R. Cawthon, Daniel Dale, Calvin Gardner,
John Bedell, and John H. Dice Sixteen good and Lawful men who having
been Empanneled sworn and charged retired to consider of their
presentments and indictments.
It is ordered by the court that Jesse D. Fentress be required to
appear at the next term and show cause if any he have why a fine
Should not be assessed against him for failing to appear as a Grand
Juror at this term of the court.
Calvin Waldo appeared in open court and acknowledged a deed of
Emancipation, setting free his slave woman Cynthia, aged about 34
years, And it is ordered by the Court that a certificate of said
acknowledgment showing that said Calvin Waldo was personally Known
to the Judge of the Court to be ordered in said Deed.
Stinson S. Stearns
vs
William H. McCullock
Civil action for Damages
Now at this day comes Said plaintiff and files his motion by his
attorney to suppress the depositions of R.D. McCullock taken and
filed in this cause.
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May Term AD 1853
James Curry – Plaintiff
vs
Daniel W. Keath and David A. Browning – Defendants
Civil action
Now at this day comes the said plaintiff by his attorney and files
his petition and it is ordered by the Court that a writ of summons
in and against the Defendants directed to the proper officer.
James T. Tays
vs
David Short
Civil action
Now at this day comes the said plaintiff by his attorney and by
Leave of the Court first had and Attained, files herein his amended
petition in this cause.
State of Missouri
vs
Henry Pollard
Indictment for Gaming
Now at this day comes the Circuit Attorney who prosecutes for the
State of Mo., as well as the Defendant in his own proper person, and
the said Defendant says he cannot but deny, but that he is guilty in
manner and form as he Stands charged in the indictment and throws
himself upon the court for mercy, and thereupon the Court assesses
his fine at the sum of Ten Dollars. It is therefore considered by
the Court That the said plaintiff have and recover of the said
defendant the Said sum of Ten Dollars assessed as aforesaid as well
as her costs in this behalf laid out and expended and that he
recover of himself in Costs & action therefore and writ Execution
for said fine and Costs be ordered.
On Motion of Burr H. Emerson It is ordered that William B. Douglass
be permitted to Sign the roll of practicing Attorneys of this court.
James Childress
vs
James L. Earnest
Civil action
Now at this comes the said plff by his Atty and dismisses this Cause
It is therefor considered by the Court said defendant have and
recover of said plaintiff her costs
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May Term AD 1853
in this behalf laid out and expended and that Execution issue
therefor.
The State of Missouri
vs
Valentine Hoover and Finis Anderson
Indictment for playing Cards on Sunday
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri, as well as the said Defendants in their own
proper persons, and say they cannot deny, but they are Guilty in
manner and form as charged in the indictment, and Throws themselves
upon the mercy of the court, and thereupon the Court assesses a fine
of Five Dollars against each of said Defendants It is therefore
considered by the Court that said plaintiff have and recover of said
Defendants the sum of Five Dollars assessed as aforesaid as well as
her cost and charges in this behalf laid out and expended, and that
each of said defendants render themselves in Execution therefor.
State of Missouri
vs
Elcanah Cain, William T. Matlock, James Ditty
Indictment for Gaming
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri as well as the said Defendants in their own proper
person as well as by Atty, and both parties being ready for Trial
The Defendants for plea say They are not Guilty in manner and form
as charged in the indictment and thereupon come a jury to wit Elisha
Thomas, George W. Hopkins, John Cox, Lewis Reese, David A. Bunch,
John C. Looney, Burgess Hurt, Hiram Short, Thomas Copenhaver, King
C. Allen, Benjamin F. Snyder, and James Anderson (Ditty is written
and crossed out) twelve good and lawful men who being sworn well and
truly to try the cause joined in this Cause after hearing the
evidence returned the following verdict to wit We the jury find the
defendant Elkanah Cain Guilty, and assess his fine at Ten Dollars,
and further find the Defendant James Ditty and William T. Matlock
not Guilty.
It is therefore considered by the Court that said Defendants Ditty
and Matlock be discharged and
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Go hence without day and it is further considered by the Court, that
the said plaintiff have and recover of the said Defendant Elcanah
Cain the fine of Ten Dollars assessed as aforesaid, as well as his
Costs and charges in this behalf laid out and expended and that said
Defendant Cain render himself in execution therefor.
State of Missouri
vs
Thomas Arnett
Indictment for Gaming
Now at this day comes the Circuit Atty who prosecutes for the State
of Missouri as well as the Defendant in his own proper person who
says he cannot deny, but that he is guilty in manner and form as he
stands charged in the indictment and throws himself upon the mercy
of the Court, and thereupon the Court assesses his punishment by
fine of Ten Dollars. It is therefore considered by the Court that
Said plaintiff have and recover of said Deft the sum of Ten Dollars
assessed as aforesaid as well as her costs and charges in this
behalf laid out and expended and that he render himself in Execution
therefor.
State of Missouri
vs
Francis Ruark & others
Indictment for Murder
Now at this day comes the Circuit Atty who prosecutes for the state
of Missouri in this behalf, as well as the Defendant in his own
proper person, and thereupon the Circuit Atty dismisses this Cause,
as to said Defendant Francis Ruark, It is therefore considered by
the Court That said defendant Francis Ruark be discharged from This
prosecution and go hence without day.
James M. Breckenridge & others Exparte
Petition for partition of lands
Now at this day comes the parties by their Attorney, James Winston,
and the said atty being entitled to a fee for his resources in this
cause It is ordered by the Court that he be allowed a fee of Twenty
Dollars as Atty in this cause to be taxed And paid over as other
Costs.
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May Term AD 1853
State of Missouri
vs
Andrew Baker
Indictment for Murder and change of Venue from Hickory County
Now at this day comes the Circuit Atty who prosecutes for the State
of Missouri in this behalf as well as the Defendant in his own
proper person and the said Defendant filed his motion verified by
affidavit asking a continuance of this cause, and the said cause is
continued until the next Term of this Court, and thereupon comes the
said Defendant Andrew Baker as principal, and Enoch Luster, William
Paxton, Lafayette Cruin, John Dollarhide, B.L. Dosier, Aaron
Trippett and Anthony N. Hester as his Securities, who acknowledge
themselves to owe and stand justly indebted jointly and severally to
the State of Missouri in the sum of One Thousand Dollars, to be
levied of their respective goods and chattels lands and Tenements,
to be rendered void upon condition that the said Andrew Baker make
his personal appearance before the Judge of the St. Clair Circuit
Court at the Court House in Osceola on the first day of the next
Term thereof, which next Term will Commence and be held at the Court
House in October on Monday the 31st day of October 1853, And then
and there abide the order of said court an not depart said Court
without leave.
William G. Clayton
vs
Tandy R. Redd
In the St. Clair Circuit Court By Change of Venue from the Barry
Circuit Court
Now at this day Comes here into court William G. Clayton the above
named plaintiff by his attorney and files here in court his
Suggestion in writing verified by the affidavit of an attorney of
the same in Same Cause that there is discrimination in the moves and
proceedings in Same Cause as filed herein and that the record and
proceedings are marred and imperfect as in Said Suggestion and Said
plaintiff also files here in Same Court his Certain Motion that this
Court make an order directive to the Clerk of the Barry Circuit
Court in the State of Missouri inquiring him to
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May Term AD 1853
transmit to the St. Clair Circuit Court a full transcript of the
issue and proceedings in the Cause of means and intent of the
original petition filed by Said plaintiff as well as the petition
and affidavit filed by the above named defendant for a Change of
Venue, and order of approval and transmit the Same duly Certified
together with all the original papers filed in the Said Barry
Circuit Court and not forming a part of the venue to the Clerk of
the St. Clair Circuit Court without delay and that this Court
further order that the Clerk of this Court remit all the original
papers forming a part of the means in the Barry Circuit Court now in
this Court to the Clerk of the Barry Circuit Court Which Said
Suggestion and nature being Thus and Second by the Court here The
Court hereby makes Said order directive to the Clerk of Barry
Circuit Court and the Clerk of this Court is hereby ordered and
directed to make out a transmit of this order and transmit the same
to the clerk of the Barry Circuit Court without delay and also
transmit to same Clerk of the Barry Circuit Court all papers forming
a part of the means in Same Course in the Barry Circuit Court.
[The following is crossed out:]
The State of Missouri – Pltff
vs
Thomas Arnett – Deft
Indictment for Gaming
Now at this day comes the circuit Attorney who prosecutes for the
State of Missouri as well as the Said defendant
The State of Missouri for the use of Elcanah Cain – Plaintiff
vs
William Duckworth & John T. McClain, Joseph W. Cox & Zachariah Lilly
– Defts
Civil action appeal from J.P.
Now at this day comes the Said Plaintiff and presents to the court
and files herein his Petition verified by affidavit praying the
court to award a change of venue in Said cause for the reason
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May Term AD 1853
that the Judge of this court is prejudice against said Plaintiff so
that he cannot have a fair trial in this Court whereupon it is
ordered by the court that a change of venue in said cause be awarded
for the reason aforesaid to the Circuit court of Bates county in the
Sixth Judicial circuit in the State of Missouri there to be tried.
State of Missouri
vs
Samuel Warfield & Thomas B. Johnson
Indictment for Gaming
Now at this day comes the Circuit Atty who prosecutes for the State
of Mo., and dismisses this Cause.
Ordered that Court adjourn until tomorrow Morning 8 oclock.
William G. Clayton – Pltff
vs
Tandy R. Redd – Deft
Civil motion Change of venue from Barry Circuit court
Now at this day comes the Said defendant by his attorney and by
leave of the court files herein his motion to dismiss this cause.
Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P.
Johnson Cir Judge
May 3rd 1853 Tuesday Morning 8 oclock court met pursuant to
adjournment Present as on yesterday.
The State of Missouri – Pltff
vs
A. Finley Jr. – Deft
on Change of Venue from Sixth Circuit Court
Indictment No. 1 for Forgery
Now at this day comes the Said defendant by his attorney and by
leave of the court files herein his motion to quash said indictment.
Daniel R. Jones – Pltff
vs
Wiley B. Myers – Deft
Civil Action
Now at this day comes the said Defendant by his Attorney and on his
Motion and by leave of the Court files herein his additional Answer
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May Term AD 1853
to the said Plaintiffs Petition.
Mary Jane Elliott – Pltff
vs
Richard R. Elliott – Deft
Petition for Divorce
Now at this day comes the said Plaintiff by her attorney and by
leave of the court files herein her Petition verified by affidavit
the object and general nature of which is to obtain a Divorce from
the bonds of matrimony heretofore contracted with said defendant And
It appearing to the court from the affidavit of said Plaintiff filed
with said petition that said Defendant is not a resident of or
residing in this state. It is therefore ordered by the court that
Said defendant be notified that said Plaintiff has filed in this
Court her petition praying the court to dissolve the bonds of
matrimony heretofore contracted between the said parties upon the
ground of willful desertion And that unless he be and appear at the
next term of this court to be begun and held at the courthouse in
the Town of Osceola in St. Clair county Missouri on Monday the 31st
day of October next and on or before the Third day of Said Term
Plead Answer or demur to Said Petition the same will be taken as
confessed And it is further ordered by the court that a copy of this
Order be published for Eight weeks Successively, in the “Osceola
Independent” a newspaper published in the Town of Osceola St. Clair
County Missouri The last insertion to be at least four weeks before
the commencement of the said next term of this court.
The State of Missouri – Pltff
vs
Henry Pollard – Deft
Indictment for permitting Gaming in his house
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 as well as by attorney and both parties being ready for trial
The Said Defendant for his plea says he is not Guilty, in manner and
form as charged in the indictment whereupon comes a Jury to wit,
Samuel T. Weir, William R. Gibbs, Christian Hoover, John Barnett,
William C. Douglass, Washington Whitlow, Jonathan Culbertson, Holden
[ corner of page torn]
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May Term AD 1853
Peter B. Cockerell, Randolph Whitley, Robert F. Gardner & Joseph
Beason 12 Good & lawful Men who after having been Elected tried and
sworn well and truly to try the Issue in this cause Joined and after
hearing the Evidence returned the following verdict into court to
wit: “we the Jury find the Defendant not guilty, Wm. R. Gibbs For.”
It is therefore considered by the court that the said Defendant from
his recognizance be Discharged and that he go hence thereof without
day.
Barton Sullivan & Elisha W. Brown
vs
Mary E. Hester, Anthony N. Hester & others
Civil action & Injunction
Now at this day Comes again the Said Plaintiffs by their Attorney
And the Court having seen and heard the petition of Said plaintiffs
filed herein on yesterday. And it appearing by said petition &
verified by affidavit that plaintiffs have purchased the interest
Said Julius Sutliffs in right of his Wife Mary A. Sutliff in And to
certain Slaves therein mentioned belonging to the said Estate of
Said Thomas Hester deceased and that Said Slaves have been directed
to be Sold for the purposes of distribution among the heirs of Said
Thomas Hester deceased – And it also further appearing from Said
petition that if the Said Slaves of Said Julius Sutliff Shall be
paid over to them by Said Executor plaintiff, will be in danger of
loosing the Same and plaintiffs having filed a bond with Sufficient
Securities which is approved by the Court It is therefore ordered
and decreed by the Court here that Said Anthony N. Hester and all
others be refrained and restrained from paying over the Slave or any
part thereof which was or is Coming to Said Julius Sutliff of Said
Slaves or the proceeds arising from the Sale Thereof until the
further order of this Court.
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May Term AD 1853
Jesse Ridgeway – Pltff
vs
Peter B. Cockerell & Francis Sproull – Defts
Civil Action
Now at this day comes the said defendants by their attorney and on
their Motion leave is given them to file their answer to the said
Plaintiffs Petition on or before 12 oclock on Friday next unless
court Should sooner adjourn and in that Event before said
adjournment.
Daniel P. Morgan – Pltff
vs
John B. Cox – Deft
Civil action for Damage
Now at this day comes the said Defendant by his attorney and
Suggests to the court here that said Defendant is a minor under the
age of 21 years whereupon It is ordered by the court that Pleasant
M. Cox be appointed Guardian ad litem for said defendant And the
said Pleasant M. Cox being here in open court accepts Said
appointment.
Daniel P. Morgan – Pltff
vs
John B. Cox – Deft
Civil action for Damages
Now at this day comes the said defendant by Pleasant M. Cox his
Guardian ad litem and by leave of the court files herein his Answer
to the said Plaintiffs Petition.
The Grand Jury of St. Clair county Mo. returns here into court and
by their Foreman Presents the following bill of Indictment to wit:
The State of Missouri
vs
[space]
Indictment for Felonious assault
And having no further business before them were by the court
discharged.
On motion of the circuit attorney It is ordered by the court that
capias Issue on Indictment found this Term of this court directed to
the Sheriff of the proper county.
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May Term AD 1853
William Allen – Pltff
vs
Henry Pollard – Deft
Appeal
Now at this day comes the Said plaintiff by his attorney and files
herein his motion to Suppress the Deposition of John L. Kline taken
on the part of the said Defendant and filed in said cause.
Stinson S. Stearns – Pltff
vs
William H. McCulloch – Deft
Civil action for Damage
Now at this day comes the Said Plaintiff by his attorney and files
herein his bill of exceptions.
State of Missouri
vs
Edward Mitchell
Indictment for Selling liquor in less quantity than a quart to
Robert Hester
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 being demanded of and answering the
premises says that he is not guilty as in Said Indictment he is
charged and for his trial puts himself upon the County and the
Circuit Attorney doth the like and thereupon came a jury of twelve
good and lawful men towit: Josh Harty, Christian Hoover, William R.
Gibbs, William C. Douglass, Samuel T. Moss, William H. McCullock,
Peter B. Cockerell, Robert F. Gardner and Washington Whitlow who
being elected tried and sworn to well and truly try the issue and
upon their oath say We the jury find the defendant guilty as in said
Indictment he is charged and assess the fine of twenty dollars
It is therefore considered by the Court that the said Defendant make
his fine with the State of Missouri by the payment of the sum of
twenty dollars besides costs in this behalf laid out and expended
and that execution issue therefore and that he render himself in
Execution.
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May Term AD 1853
George J. White Executor of Mary J. Thompkins Decd
vs
Henry Pollard
Civil Action
Now at this day comes Defendant by his Attorney, and filed herein
his demurrer to the Plaintiffs Petition in the above cause.
State of Missouri
vs
Edward Mitchell
Indictment for selling liquor without license to Elisha Bridges
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
that this Cause be and the same is hereby continued until the next
term of this Court.
It is ordered by the Court that a writ of attachment issue against
Richard R. Fewell (a grand Juror who was sworn on Monday last) be
required to appear, at the next term of this court to show cause if
any why he failed to attend as a grand Juror on the Second day of
said term.
Ordered that Court adjourn until tomorrow Morning 8 Oclock. Waldo P.
Johnson Cir Judge
May 4th 1853 Wednesday Morning 8 oclock court met pursuant to
adjournment Present as on yesterday.
The State of Missouri – Pltff
vs
Abraham Finley Jr. – Deft
On change of venue from Polk circuit court
Indictment for forgery No. 2
Now at this day comes the Said Defendant by his attorney and by
Leave of the court files herein his motion to quash said indictment.
The State of Missouri – Pltff
vs
Abraham Finley Jr. – Deft
On change of venue from Polk circuit court
Indictment for forgery No. 3
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his Motion to quash Said Indictment.
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Now at this day comes Richard R. Fewel and upon Satisfactory Excuse
by him It is ordered by the court that he be Excused for
nonattendance as a member of the Grand Jury on yesterday and that
the order made on yesterday requiring him to appear and Show cause
for said absence at next term be dismissed.
L.S. Rogers – Pltff & appellor
vs
William L. Vaughan – Deft & appellant
Appeal
Now at this day comes the Said Plaintiff by his attorney and on his
motion dismisses this cause at his costs It is therefore considered
by the court that the Said Defendant recover against the said
Plaintiff & Lawrence Lewis his security for costs in this cause, his
costs and charges in this cause Laid out and Expended and that
Execution Issue therefor.
Stinson S. Stearns
vs
William H. McCullock
Civil Action for Damages
Now at this day comes the Said Defendant by his attorney and on his
motion Leave is given him to file his amended Answer to the Said
Plaintiffs Petitions And It is considered and ordered by the court
that all the Costs of this Term of this court in said cause up to
this proceeding & including this day be taxed against the Said
Defendant.
The State of Missouri
vs
A. Finley Jr.
Indictment for forgery No. 1
On change of venue from Polk circuit court
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person and also by Attorney And the said circuit
attorney Presented and filed in court his Suggestion of a diminution
in the record filed in Said cause which being Examined by the court
and arguments of counsel heard is by the Court overruled.
James Woods, William T. Christy, James C. Christy, & Robert K. Woods
(Partners under the Name firm and Style of Woods Christy & Co.)
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May Term AD 1853
vs
Roderick D. McCullock
Attachment
Now at this day comes the said Plaintiff by their attorney and
Suggests to the court here that Since the Last term of this court
the said Defendant has departed this life And thereupon Motion of
the said Plaintiff it is ordered by the court that this Cause be
continued until the next term of this court.
Joseph Hall – Pltff & appelee
vs
B.W. Smithson – Deft & Appel’t
Appeal from J.P.
Now at this day comes the said Parties by their attorneys and by
argument of the Parties by their attorneys, that Judgment be Entered
for the Said Plaintiffs and against the Said defendant It is
therefore considered by the court that the Said Plaintiff recover
against the Said Defendant and George Rennisson his Security in his
Appeal bond the Sum of Twenty five dollars for his debt and also for
his damages by way of interest the Sum of Eight dollars & 44 cents.
Which said amounts is found due by the court upon the Note Sued on
Together with his costs in this behalf Expended and that Execution
Issue therefor.
Stinson S. Stearns
vs
William H. McCullock
Civil action for damages
Now at this day comes the Parties by their Attorneys and both
parties being ready for trial comes a Jury towit William C.
Douglass, Wiley B. Myers, Joseph A. Hall, Robert F. Gardner, Harry
C. Douglass, John Dorchester, Samuel C. Scott, Louis Fournier,
Theoderick Snuffer, & Joseph Beason, Ten good & Lawful men agreed
upon by the Parties as a Sufficient Jury Who were Elected tried and
Sworn to well and truly try the Issue in this cause Joined who
having heard the evidence & part of the counsel and there not being
sufficient time to go through with this cause this evening the Jury
was by the court adjourned until tomorrow morning 8 oclock under the
usual charge of the court.
Ordered that court adjourn until tomorrow morning 7 oclock. Waldo P.
Johnson
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May Term AD 1853
Thursday Morning 7 oclock May 5th 1853 court met pursuant to
adjournment Present as on yesterday.
H.C. Douglass & W. Whitlow
vs
Roderick D. McCullock
Attachment
Now at this day comes the Said Plaintiffs by their attorney and
Suggests to the court that since the Last term of this court the
Said Defendant Roderick D. McCullock has departed this life, And on
motion of Said Plaintiffs by their Attorney It is ordered by the
court that a Scire facias be Issued requiring the administrator of
the Estate of Said Roderick D. McCullock Dec’d to appear and answer
Said Plaintiffs Petition on the first day of the next term of this
court And this cause be continued Until the next term of this court.
Augustus F. Shapleigh & Thomas D. Lay, Known by the name on
description of Shapleigh Lay
vs
Roderick D. McCullock & William H. McCullock
Civil action
Now at this day comes the Said Plaintiffs by their attorney and on
motion of Said Plaintiff this cause is by the court ordered to be
dismissed as against the said Defendant Roderick D. McCullock, and
It appearing to the court from the return of the Sheriff of St.
Clair county that the said William H. McCullock has been duly served
with process in this cause by copy more than 20 days preceeding the
first day of this term And the Said Plaintiff being ready for trial
and the Said William H. McCullock though solemnly called comes not
but makes default and there being no answer to the Said plaintiffs
action whereby the said action remains against the said Defendant
William H. McCullock undefended whereupon the said Plaintiffs ought
to recover against the said Defendant William H. McCullock their
debt on occasion of the premises And because it is proven and
manifestly appears to the court here from the note sued on that the
said Plaintiff ought to recover against the said Defendant William
H. McCullock the Sum of Four hundred and ten
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Dollars and Sixty seven cents for their debt and also the Sum of
Forty one Dollars and Thirty three cents for their damages by way of
interest which said amount is found due by the court. It is
therefore considered by the court that the Said Plaintiff recover
against the said Defendant William H. McCullock the sum of Four
hundred & Fifty two dollars for their debt and damages So found by
the court as aforesaid together with their costs in this behalf
Expended and that Execution Issue therefor.
John F. Weidemeyer Curator of the Estate of the Minor heirs of
Robert N. Burch Dec’d
vs
Joseph Montgomery – Deft
Civil Action
Now at this day comes the Said Plaintiff by his attorney And it
appearing to the court that the Said Defendant has been duly Served
with process by copy more than 20 days before the first day of this
term and being Solemnly called comes not but makes default and there
being no answer to the Said Plaintiffs action whereby the said
action remains against the Said defendant undefended. Wherefore the
Said Plaintiff ought to recover against the said defendant his debt
on occasion of the premises. And because it is proven and manifestly
appears to the court here by the instrument Sued on that the said
plaintiff ought to recover against the said defendant the sum of
Five hundred and seventy two dollars and thirty six cents, for his
debt and also the sum of Thirty Six dollars and Forty eight cents
for his damages by way of Interest which amount of debt and interest
is found due by the court It is therefore considered by the court
that the said Plaintiff recover against the Said defendant the Sum
of Six hundred and Eight Dollars & Eighty four cents for his debt
and damages so found by the court as aforesaid together with his
costs in this behalf expended And that Execution issue therefor.
Richard Cruce
vs
Edward C. Davis, Wm. F. Wittell Etal
Now at this day come the said Plaintiff by his attorney and on his
motion it is ordered by the court that alias writs of Summons be
issued
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against Edward C. Davis & William W. Ritchey & Auralius B. Harris
Three of said defendants who have not been Summoned directed to the
Sheriff of the proper county returnable to the next term of this
court until which time this cause is by the court ordered to be
continued.
James T. Teays
vs
David Short
Civil action
Now at this day comes the said Defendant by his attorney And on his
motion Leave is granted him to file his answer to the Said
Plaintiffs Amended Petition in vacation with the clerk of this court
ninety days before the next term of this court. And It is ordered by
the court that the said defendant give the Said Plaintiff notice by
delivery a copy of Said answer to the Said Plaintiffs attorney at or
by that time.
John L. Kline – Pltff
vs
George W. Taylor – Deft
Civil Action
Now at this day comes the said Plaintiff by his attorney and the
Said Defendant though Solemnly called comes not but makes default
and proven by a copy of the petition filed more than ninety days
before the first day of this term and there being no answer to the
said plaintiffs action whereby the said action remains against the
Said defendant undefended. Wherefore the said Plaintiff ought to
recover against the said defendant his debt on occasion of the
premises and because it is proven and manifestly appears to the
court here by the note Sued on that the said Plaintiff ought to
recover against said Defendant the Sum of One hundred & Eighty Seven
dollars and 47 cents for his debt and also the sum of One dollar &
eight cents for his damages by way of interest which amount of debt
and interest is found due by the court. It is therefore considered
by the court that the said Plaintiff recover against the Said
defendant the Sum of one hundred and Eighty Eight dollars & fifty
five cents for his debt and damages so found by the court as
aforesaid together with his costs in this behalf Expended and
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That Execution issue therefore.
Stinson S. Stearns – Pltff
Vs
William H. McCullock – Deft
Civil action for damages
Now at this day comes again the Jury sworn in this cause as well as
the said parties by their attorneys and John Dorchester one of the
Jurors in this cause being sick was by the court discharged both
parties agreeing and consenting that the remaining Jurors might hear
the remainder of the argument and proceed and render a verdict in
this cause who after hearing the remainder of the argument on their
oath Say “We the Jury find for the Plff and assess his damages to
five hundred dollars. H.C. Douglass Foreman” It is therefore
considered by the court that the said Plaintiff recover against the
said defendant the said Sum of Five hundred dollars for his damages
So assessed by the Jury as aforesaid together with his costs and
charges in this behalf laid out and Expended and that Execution
Issue therefore.
Daniel R. Jones
vs
Wiley B. Myers
civil action
Now at this day comes the said Plaintiff by his attorney and by
leave of the court files herein his motion to strike out the said
Defendants additional answer to the Plaintiffs Petition And it
appearing to the court that the answer of Said Defendant to the Said
Plaintiffs petition which was filed in this court during the Last
Term to wit on the 5th day of November 1852 was not Entered of
Record It is ordered by the court that the same now stand as if
Entered when filed.
It is ordered by the court that all pleadings be filed by 12 oclock
tomorrow in order to be acted on during this term of this court.
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The State of Missouri – Pltff
vs
Abraham Finley for Deft
On change of venue from Fifth Circuit Court
Indictment for forgery No. 1
The motion filed by the Said Defendant on Tuesday the 3rd Ins’t to
quash Said indictment being called The circuit attorney who
prosecutes for the State of Missouri in this behalf Thereupon
objected to taking up said Motion because it was not the trial term
of Said cause under a rule of the court spread upon the Record which
Said objecting being heard by the court is by the court overruled to
which decision of the court the Said circuit attorney Excepted And
the said motion coming up for trial and being Seen and heard and
fully understood by the court is by the court Sustained And Said
indictment being by the court considered insufficient Is by the
court ordered to be quashed Whereupon the Said circuit attorney
Excepted to the opinion of the court.
The State of Missouri
vs
Abraham Finley Jr.
On change of venue from Polk circuit court
Indictment for Forgery No. 2
Now at this day comes the circuit attor who prosecutes for the State
of Missouri and also the Said defendant in his own proper person as
well as by attorney And the Said circuit attorney presents and files
herein his Suggestion of a diminution of the record filed in this
cause.
The State of Missouri
vs
Abraham Finley Jr.
On change of venue from Polk Civil Court
Indictment for Forgery No. 4
Now at this day comes the Said defendant by attorney and by leave of
the court files herein his motion to quash Said indictment.
James T. Teays
vs
David Short
Civil action
Now at this day comes the said defendant
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May Term AD 1853
by his attorney and by Leave of the court files herein his demurrer
to the Second court in the said Plaintiffs petition.
Ordered that court adjourn until tomorrow morning 7 oclock. Waldo P.
Johnson Cir Judge
Friday morning May 6th 1853 Court met Pursuant to adjournment
Present as on yesterday.
Jesse Ridgeway
vs
Peter B. Cockerell & Francis Sproull
Civil action
Now at this day comes the said defendants by their attorney and by
leave of the Court files herein their answer to the said Plaintiffs
Petitions.
The State of Missouri
vs
Abraham Fenley Jr.
Indictment for forgery No. 5
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and presents and files herein his
Suggestion of a diminution of the record in this cause as certified
by the clerk of the Polk circuit court filed in this court.
The State of Missouri
vs
Abraham Fenley Jr.
Indictment for Forgery No. 4
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And presents and files herein his
Suggestion of a diminution of the Record in this cause filed in this
court as made out and certified by the clerk of the circuit court of
Polk county.
The State of Missouri
vs
Abraham Fenley Jr.
Indictments for Forgery
Now at this day comes the Said defendant by Attorney and files
herein his affidavit denying the witnesses were recognized by the
Polk circuit court in [corner of page is torn]
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May Term AD 1853
the four cases of forgery against him to appear at this court in any
of Said cases Except in case No. one which is copied in the Record
in said case.
The State of Missouri
vs
Abraham Fenly Jr.
Indictments for forgery No. 2
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 as well as by attorney and the Suggestion of a diminution of
the record in this cause and Motion for a rule against the clerk of
the Polk circuit court to require him to perfect the Same filed by
the said circuit attorney on yesterday coming up for Trial and the
court having heard the arguments of counsel
It is ordered by the court that a rule be made against the clerk of
the circuit court of Polk county requiring him to make out and file
in the office of the clerk of this court at before the first day of
the next term of this court a full transcript of the Record and
proceedings in Said cause including the order of removal the
Petition therefor and the recognizance of the defendant and of all
witnesses duly certified under the Seal of said court.
Stinson S. Stearns
vs
William H. McCullock
Civil action for Damages
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his Motion to Set aside the verdict
in this cause and for a new trial in said cause.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 3
Now at this day comes again the circuit attorney who prosecutes for
the State of Missouri as well as the Said defendant in his own
proper person and also by attorney And the suggestion of a
diminution of the record in this cause and motion for a rule against
the clerk of the Polk circuit court requiring him to perfect the
Same this day filed by the Said circuit
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May Term AD 1853
attorney coming up for trial and the court having heard the
arguments of counsel It is ordered by the court that the clerk of
the circuit court of Polk county be required to make out a full
Transcript of the Record and proceedings in said cause including the
order of removal the Petition therfor and the recognizance of the
defendant and of all witnesses and transmit the same duly certified
under the seal of said court to the Clerk of this court at or before
the next term of this court.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 4
Now at this day comes again the circuit attorney who prosecutes for
the State of Missouri as well as the said defendant in his own
proper person and also by attorney And the Suggestion of a
diminution of the record in this cause and Motion for a rule against
the clerk of the Polk circuit court requiring him to perfect the
Same This day filed by the said circuit attorney coming up for trial
And the court having heard the argument of counsel It is ordered by
the court that the clerk of the circuit court of Polk county be
required to make out a full Transcript of the Record and proceedings
in said cause Said cause including the order of removal the petition
therefor and the recognizance of the defendant and of all witnesses
and transmit the Same duly certified under the Seal of said court to
the clerk of this court at or before the next term of this court.
Daniel R. Jones
vs
Wiley B. Myers
civil action
Now at this day comes the Said Defendant by his Attorney and by
Leave of the court files herein his Statement and interrogations to
Plaintiff and also his affidavit for a continuance in this court.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 2
Now at this day comes the said defendant
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May Term AD 1853
in his own proper person and by his attorney by leave of the court
files herein his motion to dismiss this cause and discharge him from
his recognizance.
The State of Missouri
vs
Abraham Fenley Jr.
Indictment for Forgery No. 3
Now at this day comes the said defendant in his own proper person
And by his attorney by leave of the court files herein his motion to
dismiss this cause and discharge him from his recognizance.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
Now at this day comes the said defendant in his own proper and by
attorney and by leave of the court files herein his motion to
dismiss this cause and discharge him from his recognizance.
Elizabeth Anderson (by her next friend Christian Hoover) – Pltff
vs
Robert Anderson – Defdt
Civil action for Damages
Now at this day comes the said parties by their attornies and both
parties being ready for trial comes a Jury of twelve good and lawful
men to wit: Peter B. Cockerell, Noah S. Caton, Robert H. Sproull,
Ebenezer Gash, Addington Cox, Francis M. Hicks, James H. Justus,
Stinson S. Stearns, Samuel C. Scott, Jesse Ridgway, Nicholas Bray &
James H. Strickland, who having been Elected tried and Sworn well
and truly to try the Issue in this cause after hearing the Evidence
on their oath say “We the Jury find for the Plaintiff and assess her
damages at Five hundred dollars” It is therefore considered by the
court that the said Plaintiff recover against the Said defendant the
sum of Five hundred dollars for her damages so assessed by the Jury
as aforesaid together
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May Term AD 1853
with her costs in this behalf and that Execution Issue thereof.
Tignol Bailey – Pltff
vs
Elizabeth Bailey – Deft
Petition for Divorce
The said Plaintiff though Solemnly called comes not and no one
appearing to prosecute this action It is ordered by the court that
this cause be dismissed at the costs of the said Plaintiff.
William Allen – Pltff & appellor
vs
Henry Pollard – Deft & appellant
Appeal from JP
Now at this day comes the parties by their attorneys and the motion
Filed by the said Plaintiff on the 3rd Ins’t to Suppress the
execution of John L. Kline filed in this cause by the said defendant
in this cause coming up for trial and being seen heard and fully
understood by the court is by the court Sustained And thereupon on
Motion of the Said defendant by his attorney and for good cause
Shown this cause is ordered to be continued until the next term of
this court And It is considered by the court that the said Plaintiff
recover against the said Defendant his cost and charges in this
behalf at this Term of the court and that Execution Issue therefor.
Richard Houston – Pltff
vs
John Ruark – Deft
Civil Action for the Delivery of Specific Personal Property
Now at this day comes the said Plaintiff by his attorney and the
defendant though solemnly called comes not but makes default and the
plaintiff not requiring a Jury This cause is tried by the court And
it appearing from the petition of the Plaintiff and from the
affidavits of L.B. Davis and F.S. Ruark that Plaintiff was the owner
of a certain light two horse wagon at the time of the commencement
of this suit and that said wagon was in the possession of said
defendant and it further appearing from the return of George Preston
Sheriff of St. Clair county Mo. that herein
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May Term AD 1853
he had summoned said defendant on the 8th day of November 1852 and
also had taken the aforesaid wagon and delivered it to the said
Plaintiff It is therefore considered by the court that the said
Plaintiff retain the said wagon and that Said Plaintiff Recover
against Said Defendant his costs in this behalf And that Execution
Issue therefor and the opinion of the court filed.
Daniel R. Jones
vs
Wiley B. Myers
civil action
Now at t his day comes the said Plaintiff by his attorney and by
leave of the court files herein his motion to Strike out the
Statement & interroggatories to the Plaintiff filed by the said
Defendant this day.
The State of Missouri – Pltff
vs
Abraham Fenley Jr. – Deft
Indictment for Forgery No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri And presents to the court here his bill of
Exceptions which is signed & sealed by the Judge of this court &
ordered to be filed.
Jesse Fowler – Pltff
vs
Sarah Fowler – Deft
Petition for Divorce
Now at this day comes the said Plaintiff by his attorney and the
said Defendant thought Solemnly called comes not but makes default
and the Plaintiff not requiring a Jury this cause is tried by the
court and it appearing to the court that the said defendant has been
duly Summoned to appear and answer said Plaintiffs petition at this
Term of this court by having failed to file any answer to said
Plaintiffs Petition and after hearing the Evidence the court doth
find that the said Jesse & Sarah were legally married as Set forth
in said petition and that the said Sarah did willfully desert &
absent herself from the said Jesse without any Just cause or
reasonable Excuse for more than two years as Set forth in said
petition and the court further finds that
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May Term AD 1853
Said Jesse Fowler is the innocent and injured party It is therefore
ordered adjudged and decreed that the bonds of matrimony heretofore
existing between the said parties Jesse Fowler & Sarah Fowler be
dissolved and held for naught and also that Either Party be
permitted to marry again And It is considered by the court that the
costs of this suit be paid by the said Plaintiff And the opinion of
the court in this cause in accordance with this decree filed herein.
Ordered that court adjourn until tomorrow morning 7 oclock.
Saturday morning May 7th 1853 court met pursuant to adjournment
Present as on yesterday.
Daniel R. Jones – Pltff
vs
Wiley B. Myers – Deft
Civil action
Now at this day comes the said parties by their attorneys whereupon
the said Plaintiff by leave of the court files herein his motion to
Strike out a part of the Said defendants answer to the Plaintiffs
Petition which Said Motion as well as the Motion to Strike out the
defendants Statement and interroggations filed by said defendant on
yesterday coming on to be heard and being Seen heard and fully
understood by the court is by the court Sustained whereupon the said
Defendant by Leave of the court files herein his bill of exceptions
and also his Motion for in a continuance verified by affidavit
whereupon it is ordered by the court that this cause be continued
until the next term of this court And It is further considered by
the court that the Said Plaintiff Recover against the said Defendant
his costs and charges in this behalf at this term of the court and
that Execution Issue therefor.
Stinson S. Stearns
vs
William H. McCullock
Civil action for damage
Now at this day comes the parties by their attorneys and the motion
filed on yesterday by the Said defendant to Set aside the verdict in
this cause rendered on Thursday the 5th Instant and for a new
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May Term AD 1853
trial being under consideration The said Plaintiff by his attorney
remits the Sum of Fifty dollars of said Judgment on account of the
Keeping and taking care of Said Slave and procuring medicine and
medical attendance upon said Slave before his death and the Motion
to Set aside the said verdict and grant a new trial in Said cause
being Seen & heard and fully understood by the court is by the court
overruled to which decision of the court the Said defendant accepted
and presented to the court his bill of Exceptions which was signed
by the Judge and ordered to be filed And thereupon the Said
defendant prayed an appeal to the Supreme court and the Plaintiff
dispensing with and not requiring a bond for costs an appeal is
granted.
Calvin Waldo & others
vs
Daniel Waldo & others
Petition for Partition of Land and Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed as such Sheriff
conveying to Daniel P. Morgan all the right title interest and
Estate & property of the parties to the above entitled cause in and
to the South half of the South West fractional quarter (NOR) of
Section No. Ten (10) in Township No. Thirty eight of Range No.
Twenty five (25) containing 57 24/100 acres in St. Clair county
Missouri And the Said George Preston being personally Known to the
court to be the real person who executed the same to be his act and
deed for the purposes therein specified.
William J. Terril & others
vs
Elizabeth Y. Owsley & others
Petition for Partition of Land And Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed as such Sheriff
conveying to James W. Beck all the right title interest Estate and
property of the parties to the above Entitled cause in and to the
East half of the South East quarter of Section No. Two (2) in
Township No. Thirty six of Range No. Twenty five (25) containing 80
acres in St. Clair county Missouri And the said George Preston being
personally
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May Term AD 1853
Known to the court to be the real person who Executed said Deed as
such Sheriff here in open court acknowledges the same to be his act
and deed for the uses and purposes therein Specified.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and by leave of the court files herein his
affidavit for a continuance of this cause.
The Town of St. Clair for the use of and benefit of the inhabitants
of Township No. 39 of Range No. 25 – Pltff
vs
John T. Hammond and Hugh Barnett – Defdts
Civil Action
Now at this day comes the said Plaintiff by its attorney and it
appearing to the court from the affidavit filed with the Plaintiffs
Petition that John T. Hammond one of the Said defendants is a
nonresident of the State of Missouri It is therefore ordered by the
Court that the Said John T. Hammond be notified that the said
Plaintiff has commenced Suit against Said defendants the object and
General nature of which is to obtain a Judgment upon a certain bond
Executed by said defendants dated the 28th day of April 1848 for the
Sum of Sixty one dollars payable to plaintiff with the interest due
thereon it being for the purchase of the South quarter of the
Southwest quarter of South West quarter of Section 16 in Township 39
of Range 25 and that unless he be and appear before the St. Clair
circuit court on the first day of the next Term thereof to be begun
and held at the courthouse in the Town of Osceola within and for
said county on Monday the 31st day of October next or as soon
thereafter as a hearing can be had during said Term and answer plead
or demur to the said Plaintiffs petition the Same will be taken as
confessed. And it is further ordered that a copy of this order be
published in the Town of Osceola in St. Clair county Missouri for
Eight weeks Successively the last insertion to be at least four
weeks before the first day of said next Term.
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May Term AD 1853
George T. White Executor of the Estate Mary F. Tompkins Dec’d –
Pltff
vs
Henry Pollard – Defd’t
Civil action
Now at this day comes the parties by their attornies And The
demurrer to the said Plaintiffs Petition filed by the Said Defendant
on Tuesday last coming on for trial And the arguments of counsel
being heard It is considered by the court that Said Demurrer be
Sustained Whereupon the said Plaintiff by his attorney asks leave to
amend his petition which is granted by the court And Said Plaintiff
by his attorney thereupon files herein his amended petition And
thereupon the defendant by leave of the court files herein his
motion to Strike out said amended petition.
The clerk of this court presents the Execution Docket which is
Examined by the Judge.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and prays for an appeal in cause to
the Supreme court which is granted by the court And thereupon comes
the Said Abraham Fenly Junior as principal and William H. Otter as
his Surety and here in open court acknowledge themselves Jointly And
Severally Justly indebted to the State of Missouri in the Sum of
Three Hundred dollars to be levied of their respective goods and
chattels lands and tenements To be rendered void upon condition that
the Said Abraham Fenly Junior make his personal appearance in the
Supreme court of the State of Missouri at the City of Jefferson at
the next term thereof to receive Judgment on this appeal and in this
court at such time and place as the Supreme court Shall direct And
that he will render himself in Execution and obey every order and
Judgment which shall be made in the premises.
The State of Missouri
vs
Abraham Fenly
Indictment for Forgery No. 2
Now at this day comes the Said Abraham
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May Term AD 1853
Fenley Junior as principal and William H. Otter as his Security and
here in open court acknowledges themselves Jointly and Severally
Justly indebted to the State of Missouri in the Sum of Five hundred
and fifty dollars to be levied of their respective goods and
chattels Lands and tenements To be rendered void upon condition that
the Said Abraham Fenly Junior shall 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 Monday the 31st day of October 1853 And not depart the
court without leave of the court and abide the decision of the court
in this cause.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 3
Now at this day comes the said Abraham Fenly Junior as principal and
William H. Otter as his security and here in open court acknowledge
themselves Jointly and Severally Justly indebted to the State of
Missouri in the Sum of Two hundred and fifty dollars to be levied of
their respective goods and chattels lands and tenements To be
rendered void upon condition that the said Abraham Fenly Junior
Shall 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 Monday the 31st day of October
1853 And not depart the court without leave of the court and abide
the decision of the court in this cause.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 4
Now at this day comes the said Abraham Fenly Junior as principal and
William H. Otter as his Surety and here in open court acknowledges
themselves Jointly and Severally Justly indebted to the State of
Missouri in the Sum of Two hundred and fifty dollars to be levied of
their respective goods and chattels lands and Tenements To be
rendered void upon condition that the said Abraham Fenly Junior
Shall 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 Monday the 31st day of October
1853 And not depart the court without leave of the court and abide
the decision of the court in this cause.
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George T. White Ext’r of the Estate of Mary F. Tompkins Dec’d
vs
Henry Pollard
Civil action
Now at this day comes again the Parties by their attorneys And the
Defendant by leave of the court files herein his answer to the
Plaintiffs amended Petition whereupon the said Plaintiff by leave of
the court files herein his motion to Strike out a part of the Said
answer and therefore the Said Defendant asks leave of the court to
withdraw said answer which is by the court granted and said answer
withdrawn by said Defendant And on motion of said Defendant Leave is
granted him by the court to file another answer to the Said
Plaintiffs Petition which is accordingly filed And thereupon the
said Plaintiff files herein his Motion to Strike out part of Said
Last mentioned Answer of said Defendant.
James T. Teays
vs
David Short
Civil action
Now at this day comes again the Parties by their attorneys And the
Demurrer filed in this cause on Thursday last by the said Defendant
coming up for trial and the arguments of counsel being heard It is
considered by the court that the Said Demurrer ought to be Sustained
And is therefore Sustained by the court whereupon the said Plaintiff
Excepts to the decision of the court and presents to the court his
bill of Exceptions which is signed by the Judge of the court and
ordered to be filed which is accordingly done.
Ann Looney & others
vs
William G. Looney & others
Petition for Partition of Land & Sheriffs report
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court his Report of the sale of Lands Sold by him by
order of this court made in this cause which is by the court
Examined and ordered to be filed which is accordingly done.
James M. Breckenridge and others Exparte
Petition for Partition of Land
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court his
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May Term AD 1853
Report of the sale of lands made by him by order of this court in
this cause Sold at this term of this court which is by the court
Examined and ordered to be filed which is accordingly done.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 2
Now at this day comes again the circuit attorney who prosecutes for
the State of Missouri as well as the said Defendant in his own
proper person and also by attorney And the Motion filed on yesterday
by said defendant to dismiss this cause and be discharged from his
recognizance in this cause coming up for Trial and the arguments of
Counsel being heard by the court It is by the court overruled
whereupon the said Defendant by his attorney Excepts to the Decision
of the court and presents to the court his bill of Exceptions which
is Signed by the Judge and ordered to be filed which is accordingly
done.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 3
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 also by attorney and the Motion filed
on yesterday by said Defendant to dismiss this cause and to be
discharged from his Recognizance coming up for trial and the
arguments of counsel being heard by the court It is by the court
overruled whereupon the said defendant by his attorney Excepts to
the decision of the court and presents to the court his bill of
Exceptions which is Signed by the Judge and ordered to be filed
which is accordingly done.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
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 also by attorney and the Motion filed
on yesterday by said Defendant to dismiss this cause and to be
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May Term AD 1853
discharged from his recognizance coming up for trial and the
arguments of counsel being heard by the court It is by the court
that said motion be overruled whereupon the said Defendant by his
attorney Excepts to the decision of the court and presents to the
court his bill of Exceptions which is Signed by the Judge and
ordered to be filed which is accordingly done.
It is ordered by the court that all causes Motions Demurrers not
otherwise disposed of during this present term of this court be
continued until the next Term of this court.
The State of Missouri
vs
Thomas J. Beale
Indictment for assault with intent to Kill
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecute this cause It is therefore considered and ordered by the
court that this cause be dismissed.
Ordered that court adjourn until court in course. Waldo P. Johnson
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