St. Clair County Circuit Court
Microfilm Transcripts

May Term 1854

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At a circuit court begun and held at the courthouse in the Town of Osceola within and for the county of St. Clair and State of Missouri on Monday the first day of May AD 1854 Present
Waldo P. Johnson Judge
James W. Beck clerk
George Preston Sheriff
Burr H. Emerson Circuit attorney

The Sheriff of St. Clair county Returns into court the venire facias to him directed together with the pannel of Grand Jurors Summoned by virtue thereof from which were Sworn the following named persons to wit Edmond Nance who was by the court appointed foreman, John T. McClain, Joseph S. Herndon, James Burke, Thomas N. Henley, Thomas Yoast, John Sims, Jonathan Culbertson, Ebenezer Gash, Joseph H. Green, Houston S. Westfall, Peter Stephens, John Tally, David McClain, and Robert Hester, fifteen 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 Elisha H. Bell be required to appear at the next Term of this court and Show cause if any he can why a fine Should not be assigned against him for not attending as a Grand Juror at this Term of this court And afterwards the Said Elisha H. Bell comes into court here, and offers to the court his Excuse for failing to appear in time to be sworn as a Grand Juror which is by the court deemed good and Sufficient It is therefore ordered by the court that he be Excused and that the rule made against him be set aside.

The State of Missouri
vs
Simeon Drake
Indictment for Selling liquor 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 the Said Defendant for his plea says he is guilty in manner and form as charged in the Indictment. And for his punishment puts himself upon the mercy of the court. whereupon

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the court doth assess a fine of Two dollars and fifty cents It is therefore considered by the court that the said Plaintiff recover against the said defend the said sum of Two dollars and fifty cents So assessed by the court as aforesaid together with her costs in this behalf and that Execution Issue Therefor and that Said Defendant render himself in execution.

Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the Said defend by his attorney and by leave of the court files herein his Motion to Suppress the Depositions of Elizabeth D. Little and S.H. Jones, filed by said Plaintiff.

William G. Clayton
vs
Tandy K. Kidd
civil action
Now at this day comes the Said Plaintiff by his attorney and by leave of this Court files herein his motion to Suppress the deposition of James B. Ballard filed by said Defendant.

The State of Missouri
vs
Andrew Baker
Indictment for Murder
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 defendant by his attorney by leave of the court files herein his motion and moves the court to present him to introduce proof that said Indictment was not found by Twelve of the Grand Jurors which permission is granted to him And a portion of the Evidence and argument of counsel being heard It is ordered by the court that this cause be continued until tomorrow.

John B. Brown
vs
Louisa Dent Administratrix of the Estate of Henry Dent Dec’d
Appeal
Now at this day comes the said Defendant by her attorney and by leave of the court files herein her motion to dismiss the appeal.

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The State of Missouri
vs
Israel W. Davis
on forfeited Recognizance
Now at this day comes the circuit attorney who prosecutes for the State of Missouri and presents to the court the recognizance of the Said Israel W. Davis who had Entered into the said Recognizance by which he acknowledged himself indebted to the State of Missouri in the Sum of One hundred Dollars to be void upon condition that the Said Israel W. Davis Should personally be and appear before the Judge of the St. Clair circuit court on the first day of this Term of this court and have there and then with him the Record of the Polk county court containing the allowances made by said county court to Abraham Fenly Junior, for the years 1850 & 1852 And It appearing to the Satisfaction of the court that Said Recognizance has been forfeited by the Said Israel W. Davis he having been three times Solemnly called but failing to appear in court this day And thereupon this circuit attorney moves the court for a forfeiture of the Said recognizance. It is therefore ordered by the court that Said recognizance be forfeited. And on motion of the Said circuit attorney It is ordered by the court that a writ of Scire facias be issued against the Said Israel W. Davis requiring him to appear before the Judge of this court on the first day of the next Term of this court which commences on the fifth Monday after the fourth Monday in September 1854 And Show cause if any he can why a Judgment Should not be rendered against him for the Said Sum of One hundred dollars.

Ordered that court adjourn until tomorrow morning 9 oclock.

Tuesday Morning May 2nd 1854 Court met pursuant to adjournment Present as on yesterday.

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John C. Chiles Trustee for Eliza Jane Reed & others
vs
Avery B. Howard
Civil action
Now at this day comes the Said Defendant by his attorney and by leave of the Court files herein his Demurrer to the said Plaintiffs Petition And also his Motion to rule said Plaintiff to Security for costs.

Jefferson B. Allgood
vs
Jacob V. Dale
Civil Action
Now at this day comes the said parties by their attorneys respectively and the motion filed by said Defendant on yesterday to Suppress the Depositions of Elizabeth D. Little and S.H. Jones filed by said Plaintiff coming on to be heard is by the court Sustained And it is ordered by the court that said depositions be Suppressed.

The State of Missouri
vs
Talton T. Barnes
Indictment for trading with Slave
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said Defendant in his own proper person and the Said defendant for his plea in this behalf Says he is not guilty in manner and form as charged against him in Said Indictment and for his trial puts himself upon the country whereupon comes a Jury To wit: Matthew Francis, Avery B. Howard, William C. Douglass, John Barnett, Jacob V. Dale and Frederick Smith Six good and lawful men agreed upon by the parties as a Sufficient Jury to try this Cause who having been Elected and Sworn well and truly to try the Issue in this cause Joined after hearing the evidence returned the following verdict Towit: “We the Jurors find the defendant not guilty” It is therefore considered by the court that The Said Defendant from his recognizance be discharged and that he go hence thereof without day.

State of Missouri
vs
Thomas Copenhaver
Indictment for failing to put up finger board
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this

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behalf as well as the said Defendant in his own proper person. And the said defendant for his Plea says he is guilty in manner and form as charged against him in Said Indictment And for his punishment puts himself upon the Mercy of the court. Whereupon the court doth assess a fine of Ten Dollars. It is therefore considered by the court that the said Plaintiff Recover against the said defendant the said Sum of $10 For his fine so assessed by the court as aforesaid together with her costs in this behalf And that Execution Issue therefor and that said Defendant render himself in execution.

William G. Clayton
vs
Tandy K. Kidd
Civil Action
Now at this day comes the said parties by their attorneys And the said Defendant by leave of the court files herein his motion to Suppress the deposition of John D. Crouch filed by said Plaintiff in this cause. And said Motion being seen heard and fully understood by the court is by the court Sustained. It is therefore ordered by the court that Said deposition be Suppressed whereupon the said Plaintiff Excepts to the Decision of the court and presents his bill of Exceptions which is signed by the Judge and filed.

State of Missouri
vs
Jesse Fentress
Indictment for failing to Keep Road in repair
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant in his own proper person. And on Motion of the said circuit attorney. It is ordered by the court that this cause be continued until the next Term of this court And Frederick Smith, James Todd and William E. Swaringen witnesses is by the court notified to appear at next term.

William G. Clayton
vs
Tandy K. Kidd
Civil action
Now at this day comes

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again the said parties by their attorneys And the motion filed on yesterday by said Plaintiff to Suppress the Deposition taken and filed by said defendant in this cause coming on to be heard and being seen heard and fully understood is by this court Sustained It is therefore ordered by the court that Said Deposition be Suppressed And thereupon on motion of Said defendant for good cause Shown It is ordered by the court that this cause be continued until the next Term of this court at the Said defendants costs.

State of Missouri
vs
Samuel Wyatt
Indictment for failing to Put up finger board
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf as well as the said defendant in his own proper person and for his Plea in this behalf the said Defendant says he is not guilty in manner and form as charged against him in Said Indictment and for his trial puts himself upon the country whereupon comes a Jury Towit Avery B. Howard, Jacob V. Dale, Jesse D. Fentress, David T. Short, James Todd, Thomas Copenhaver, William E. Sweringen, James Dice, Frederick Smith, John Barnett, Joshua Gates & Thomas C. Bradley Twelve good and lawful men Elected and sworn well and truly to try the issue in this cause Joined who after hearing the evidence returned the following verdict to wit “We the Jurors do find the defendant not guilty”. It is therefore ordered by the court that said defendant from his recognizance be discharged And that he go hence thereof without day.

The State of Missouri
vs
Abasha Starkey & John Starkey
on forfeited Recognizance & Sheriff’s Return on Scire facias
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and Suggests to the court that the return of the Sheriff of Hickory county in the Said Scire facias in this cause Issued is defective in law and It appearing to the court by said return that the same is defective on motion of said circuit attorney It is

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ordered by the court that Said return be set aside. And that an alias Scire facias be issued against said defendants directed to the Sheriff of Hickory county returnable to the next term of this court.

Ordered that court adjourn until tomorrow Morning 8 oclock. Waldo P. Johnson Cir Judge

Wednesday Morning May 3rd 1854 court met pursuant to adjournment Present as on yesterday.

State of Missouri
vs
Alcana Cain, Robert H. Sproull, Stinson S. Stearns, William N. Houston
Indictment for gaming
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and Says he will not further prosecute this Indictment against Said Defendants. It is therefore ordered by the court that Said indictment be dismissed and that Each and all of Said defendants from their several recognizances in this cause be discharged and that they go hence thereof without day.

State of Missouri
vs
Stinson S. Stearns
Indictment for permitting gaming in his house
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and Says he will not further prosecute this indictment against Said defendant. It is therefore ordered by the court that the Said Defendant from his recognizance be discharged and that he go hence thereof without day.

State of Missouri
vs
John Wright
Indictment for Setting up Venture
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and on his motion this cause is by the court ordered to be continued until the next term of this court.

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State of Missouri
vs
Andrew Baker
Indictment for Murder
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 upon motion of said defendant. and for good and Sufficient cause Shown. This cause is by the Court ordered to be continued until the next Term of this Court. And thereupon comes the Said Andrew Baker as principal and John Richards, John C. Dollarhide, George B. Alexander, John M. Charlton, Campbell Jordan, Henderson Dollarhide & Hardy C. White as his Sureties and acknowledge themselves Jointly and Severally indebted 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 defendant in this cause Shall make his personal appearance before the Judge of this court at the courthouse in the Town of Osceola on the fifth Monday after the fourth Monday in September next and abide the decision of the court and not depart the court without leave.

John C. Chiles Trustee for Eliza Jane Reed & others
vs
Avery B. Howard
Civil action
Now at this day comes the Said Plaintiff by his attorney and upon his motion leave is by the court granted him to file his amended petition in this Cause.

James T. Teays
vs
David Short
Civil Action
Now at this day comes the Said Parties by their respective attorneys and both parties being ready for trial comes a Jury to wit; Caleb B. Starkey, John H. Osborn, Henry Dudley, Peter T. Walton, Clifton G. Browning, James Boles, William R. Gilbert, Pleasant W. Dale, James M. Agee, Dabney A. Whitton, Aaron Trippet and Robert G. Crockett, Twelve good and lawful men Elected and Sworn to well and truly try the Issue in this cause Joined who after hearing the evidence returned the following verdict in event

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To wit, we the Jury after allowing the offsett in said evidence mentioned do find that said plaintiff has sustained damages by reason of the nonperformance of said contract tot eh amount of thirty six dollars wherefore it is considered by the court that said plaintiff have & recover of said defendant the said Sum of thirty six dollars together with costs. The court being of opinion & doth Judge that plaintiff at the commencement of this suit in good faith believed he was Justly entitled to recover Judgment in this case under the Jurisdiction of the court & that Execution Issue therefore – On motion of the circuit attorney who prosecutes for the State of Missouri. It is ordered by the court that a writ of attachment be issued against William T. Matlock, Directed to the Sheriff of St. Clair county requiring him to take the Said Matlock and bring him before this court to testify and the truth to Say before the grand jury of St. Clair county now empannelled and Sworn. And to answer for a contempt by him committed in failing to appear before said court although regularly summoned so to do And afterwards The Said William T. Matlock comes here into court and presents to the court his Excuse for failing to appear in obedience to Said Summons which is by the court considered good and Sufficient It is therefore ordered by the court that he be Excused for Said failure.

It is ordered by the court that Pleasant M. Cox be required to appear before this court and Show cause if any he can for failing to appear in court after being duly Summoned and called to serve as a petit juror And afterwards the Said Pleasant M. Cox came in to court and presents to the court his Excuse for said failure, which is by the court considered good and Sufficient. It is therefore ordered by the court that he be excused for said failure.

John B. Brown
vs
Louisa Dent Administratrix of the Estate of Henry Dent Dec’d
Appeal from County court
Now at this day comes the Said parties by their attorneys And the Motion filed by said Defdt to dismiss this appeal for defect in appeal bond coming on to be heard and being Seen heard and fully understood is by the court overruled. And therefore the Said Defendant by leave of the court files herein her Motion to Suppress the Deposition taken by said Plaintiff which said Motion having been Seen heard and

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Fully understood is by the court Sustained And it is ordered by the court that the said deposition of (John R. Brown) taken by Said Plaintiff be Suppressed. And thereupon the Said Plaintiff asks for a continuance of this cause. And for good and Sufficient cause this cause is by the court continued until the next Term of this court at Plaintiffs costs.

State of Missouri
vs
Abraham Fenley Jr.
Indictment for Forgery 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 Said defendant files herein his affidavit for continuance of this cause which said affidavit being seen heard and fully understood by the court It is ordered by the court that Said cause be continued until the next Term of this court And thereupon it is ordered by the court that the said Defendant enter into a new recognizance in the sum of Three hundred and fifty Dollars with good and Sufficient Surety to be and appear before the Judge of the court at the courthouse in the Town of Osceola on the first day of the next term of this court which commences on the 5th Monday after the 4th Monday in September next.

State of Missouri
vs
Abraham Fenley Jr.
Indictment for forgery 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 said Defendant files herein his affidavit for a continuance of this cause which said affidavit being Seen heard and fully understood by the court It is ordered by the court that this cause be continued until the next Term of this court. And thereupon it is ordered by the court that the Said defendant enter into a recognizance in the sum of three hundred and fifty dollars with good and Sufficient Surety to be and appear before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next term of this court which commences on the 5th Monday after the 4th Monday in September next.

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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 as well as the Said defendant in his own proper person and Said defendant files herein his affidavit for a continuance in this cause which said affidavit being Seen heard and fully understood It is ordered by the court that this cause be continued until the next Term of this court. And thereupon it is ordered by the court that Said defendant enter into a new recognizance in the sum of three hundred and fifty dollars with good and Sufficient Surety to be and appear before the Judge of this court at the courthouse in the Town of Osceola on the first day of the next term of this court which commences on the fifth Monday after the fourth Monday in September next.

Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P. Johnson

Thursday morning May 4th 1854 court met pursuant to adjournment present as on yesterday.

Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the Said Parties by their attorneys And upon motion of the Said plaintiff and for good and Sufficient cause Shown It is ordered by the court that this cause be continued until the next Term of this court And it is therefore considered by the court that said defendant recover against Said Plaintiff and his Surety for costs his costs in this behalf Expended at the Term of this court and that Execution Issue therefore against said Plaintiff and his Security for costs in this cause.

State of Missouri
vs
Abraham Fenley Jr.
Indictment for Forgery No. 1
Now at this day comes the Circuit attorney who prosecutes for the State of Missouri in

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in this behalf as well as the said defendant in his own proper person as principal and William H. Otter, Aaron Trippet & James W. Beck as his Sureties and acknowledge themselves Jointly and Severally indebted to the State of Missouri in the Sum of Three 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 Fenley Jr. 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 this court which commences on the fifth Monday after the fourth Monday in September next and abide the decision of the court and not depart the court without leave.

State of Missouri
vs
Abraham Fenley Jr.
Indictment for Forgery 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 as principal and William H. Otter, Aaron Trippet & James W. Beck as his Sureties and acknowledge themselves Jointly and Severally indebted to the State of Missouri in the Sum of Three 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 Fenley Jr. defendant in this cause 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 this court which commences on the fifth Monday after the fourth Monday in September next and abide the decision of the court and not depart the court without leave.

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 as well as the Said Defendant in his own proper person as principal and William H. Otter, Aaron Trippet & James W. Beck as his Sureties and acknowledge themselves Jointly and Severally indebted to the State of Missouri in the Sum of Three 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 Fenley Jr. Shall make his personal appearance before the Judge of

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this court at the courthouse in the Town of Osceola on the first day of the next Term of this court which commences on the fifth Monday after the fourth Monday in September next and abide the decision of the court and not depart the court without leave.

The Grand Jury returned into court and by their foreman in the presence of the whole body of Grand Jurors Presented the following bills of Indictment To wit,

The State of Missouri
vs
Robert H. Sproull
Indictment for Selling Liquor without license

State of Missouri
vs
Elcanah Cain, Merril H. Cave & R.H. Sproull
Indictment for Gaming

State of Missouri
vs
[blank]
Indictment for bigamy

State of Missouri
vs
William Howel and Minerva Uhles
Indictment for open and Notorious Adultry

State of Missouri
vs
Henry J. Speed
Indictment for obstructing Road

State of Missouri
vs
[blank]
Indictment for Perjury

State of Missouri
vs
[blank]
Indictment for Bigamy

And having no further business before them were by the court discharged And it is ordered by the court that capias writ Issue on all indictments found this term of court Directed tot eh Sheriff of the proper county.

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Charles Suitor
vs
John A. Suitor, Anna E. Suiter and John Tally
Civil Action
Now at this day comes the Said Defendants by their attorney and by leave of the court files herein their demurrers to said Plaintiffs petition.

State of Missouri
vs
Elcanah Cain
Elkanah Cain having been Summoned before the Grand Jury as a witness to testify. And having refused to answer questions propounded by the foreman of the Grand Jury was brought before the court in custody of the Sheriff And the court decided that he must answer the said question And that upon failure to do so that he be imprisoned Twenty four hours.

Stinson S. Stearns
vs
William H. McCullock
Civil action
Now at this day comes the Said parties by their attorneys And both parties being ready for trial comes a Jury To wit: Oliver H.P. Culbertson, David B. Thompson, William E. Swearingen, S.B. Crockett, Garrett Robinson, Jesse Reese, George Carrol, H.C. Colbert, Henry Dudley, David Chinn, John Longan & M.E.B. Harvey Twelve good and lawful men Elected and Sworn to well and truly try the Issue in this cause Joined who after hearing a portion of the Evidence and there not being time to finish the case this evening this cause is by the court adjourned until tomorrow morning and the Jury having received the usual charge of the court was adjourned until tomorrow morning.

Tignol Bailey
vs
Elizabeth Bailey
Petition for divorce
Now at this day comes again here into court Said Plaintiff by his attorney And it being proved to the court here that the notice to Said defendant of the commencement of this Suit and of the general Nature and object of the Same Ordered to be given by the clerk

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of this court in vacation has been published according to Said order And Said defendant having failed to file any answer to Said petition and being three times solemnly called comes not but makes default And Said cause coming on to be heard the court after hearing the allegations and proofs of Said plaintiff The court doth find from the Evidence that Said Plaintiff and defendant were united in the bonds of Matrimony Some time in the Spring of the year 1844 and that they lived together as husband and wife for about the Space of Two years and that during all that time Said Plaintiff conducted himself well towards Said defendant and treated Said defendant well and Kindly and that Said defendant in the Spring of the year 1846, willfully deserted Said plaintiff without any Just cause for the Space of more than Three live years and refused to return to live with Said plaintiff as his wife And the court being further satisfied that Said plaintiff was a resident of the county of St. Clair at the time of the commencement of this suit and had been for six or seven years before that time and that Said plaintiff is the innocent and injured party And therefore in consideration of the premises It is considered by the court here And it is hereby ordered adjudged and decreed that Said bonds of Matrimony heretofore existing between the Said Plaintiff and defendant be and they are hereby forever dissolved annulled and held for naught And that they be restored to all the rights and privileges of single persons And that the Said parties be allowed to Marry again And that Said Plaintiff pay the costs of this Suit And that Said defendant have thereof Execution & The opinion of the court filed.

James Curry
vs
Daniel W. Keath & Jacob A. Browning
Civil action to recover Money & Enforce bond or & lien
Now at this day comes the plaintiff by his Attorney and it being Shown to the court here by the return of the Sheriff of St. Clair county Missouri that he said Daniel W. Keith was duly Served with a copy of the petition and writ in this case More than Twenty days before the first day of the last Term of this court And the said Daniel W. Keith having been three

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times solemnly called comes not and thereupon the plaintiff by his attorney asked Judgment by default and the demand of Plaintiff being reduced to writing and being proved to the Satisfaction of the court by the evidence of James Bolds the payee in the notes Sued on in this case that he Bolds had no claim or interest in or to the proceeds of said notes and that the plaintiff was the real owner of Said Notes the court finds that the Said Defendant D.W. Keith is indebted to the plaintiff in the Sum of One hundred and Forty one Dollars and Twenty five cents. It is therefore considered by the court that Said plaintiff have and recover of said Defendant Daniel W. Keith the sum of One hundred and forty one dollars and 25 cents found as aforesaid as well as his costs and charges in this behalf laid out and expended and that Execution issue therefore And the Said Jacob A. Browning being in court by attorney and the said James Curry Plaintiff And the Said Jacob A. Browning both being in court by their Attorneys and neither party requiring a Jury the cause is submitted to the court And the petition and answer having been read the plaintiff introduced witnesses with a voice to establish the agency of James Bolds, in Selling the land Mentioned in the petition to Keith and also endeavored to establish by evidence that defendant Browning had Notice that plaintiff had and claimed at the time of the purchase of said land by defendant Browning a vendors Lien on the land aforesaid but wholly failed to establish the facts aforesaid or any other material allegations in the petition to the Satisfaction of the court The conclusion of law upon the foregoing facts is that so far as Defendant Browning is concerned that the plaintiff is not entitled to recover of Said Browning nor is the land mentioned in the petition liable for and Subject to the payment of the debts sued for in this case It is therefore considered by the court that the Plaintiff take Nothing of the defendant Browning by this Suit and That Said Defendant Browning have and recover of Plaintiff his costs and charges in this behalf laid out and Expended and that execution Issue therefor.

Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P. Johnson

Friday morning May 5th 1854 court met pursuant to adjournment Present as on yesterday.

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Calvin Waldo & others
vs
Daniel Waldo & others
Petition for Partition 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 Avarilla Waldo all the right title interest and Estate of the parties to the above entitled cause in and to the following described real Estate To wit. Lot No. five North East fractional quarter of Section No. four in Township No. Thirty nine of Range No. Twenty four containing 80 acres Situated in St. Clair county Missouri And here in open court acknowledges the same to be his act and deed for the uses and purposes therein contained.

State of Missouri
vs
Elkanah Cain
upon commitment for a contempt for refusing to testify before the Grand Jury
Now at this day comes the Elkanah Cain as principal and Stinson S. Stearns as his Surety and acknowledge themselves Jointly and Severally indebted to the State of Missouri in the Sum of Fifty dollars to be levied of their respective goods and chattels lands and Tenements to be rendered void upon condition that the Said Elkanah Cain 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 this court which commences on the 5th Monday after the 4th Monday in September next. And not depart the court without leave.

Stinson S. Stearns
vs
William H. McCullock
civil action
Now at this day comes again the Said Parties by their attorneys and also the Jury after hearing the remainder of the evidence and being out a reasonable length of time returned and reported to the court that they had not yet agreed upon a verdict And was by the court adjourned until tomorrow Morning under the usual charge of the court.

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James M. Gilliam & others
vs
Jonathan W. Gilliam & others
Petition for Partition
Now at this day comes Elizabeth W. Gilliam one of the defendants in this cause by her attorney William A. McClain and by leave of the court files herein her answer to said petition.

Ordered that court adjourn until tomorrow Morning 8 oclock. Waldo P. Johnson Cir Judge

Saturday morning May 6th 1854 court met pursuant to adjournment. Present as on yesterday.

William Allen
vs
Henry Pollard
Appeal from JP
Now at this day comes the parties by their attorneys and the Said Defendant files herein his affidavit and moves the court for a continuance of this cause which said motion being seen heard and fully understood by the court It is considered 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 in this behalf by him laid out and Expended at this Term of this court and that Execution Issue therefor.

John C. Chiles Trustee for Eliza J. Reed & others
vs
Avery B. Howard
Civil action for Damages
Now at this day comes the parties by their attorneys And the Defendants Motion to rule Plaintiff to Security for costs coming on to be heard and being seen heard and fully understood by the court Is by the court Sustained And it is ordered by the court that Said Plaintiff file an obligation for costs in this cause with good and sufficient Security ninety days before the first day of the next Term of this court.

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James M. Gilliam, Thomas G. Gilliam, Talton T. Barnes, James C. Motley & Francis H. Motley – plaintiffs
against
Johnathan W. Gilliam, William C. Motley, Taylor W. Gilliam, James T. Turner, Mary M. Turner & Elizabeth W. Gilliam – defendants
petition for partition of Real Estate and personal property
Now at this day comes again here into court said plaintiff by their attorney and it appearing to the court here that all of said defendants have been served with the process issued in this cause according to law and the Said Elizabeth W. Gilliam also by her attorney appearing in this court and it being Suggested to the court here that the Said Johnathan W. Gilliam, William C. Gilliam, Taylor W. Gilliam, James T. Turner & Mary M. Turner are infants under the age of twenty one years of age the court hereby appoints De Wit C. Ballou guardian adlitem for Said infants who being here in court assent to the Same who for said infants says he is has no Knowledge of the matters Set forth in said petition but asks proof of the Same and the said Elizabeth Gilliam having claimed and Elected to take one third part of said Slaves and real Estate in said petition mentioned The court here after hearing the proof and obligations of the parties find that the Said Taylor G. Gilliam about the 1st day of September AD 1853 departed this life and did Seized and possessed of a fee simple title to the following described real estate lying and being in the County of St. Clair and State of Missouri to wit the North west quarter of the South east quarter of section No. 14 – Township 38 Range 26 Containing forty acres also the North east quarter of the South east quarter of section No. 14 Township 38 R 26 Containing forty acres and said court doth further found that the Said Taylor G. Gilliam deceased also deed possessed of the following described Slaves to wit one negro man named Anthony one negro woman named Charlotte & a child of Charlotte born since the filling of this petition one negro woman named Dolce and one negro

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May Term AD 1854

girl named Motley all being Slaves and the court doth further find that the Said Taylor G. Gilliam deceased left the following named persons Children and heirs at law who are interested in Said real and personal property to wit Elizabeth W. Gilliam the widow of the Said Taylor G. Gilliam deceased who is entitled to an undivided third part of Said estate during her natural life and also James M. Gilliam & Thomas G. Gilliam Sons of Taylor G. Gilliam deceased are each entitled to one undivided Eighth part of said real and personal Estate subject to said widows dower and that the said Johnathan W. Gilliam, William C. Gilliam and Taylor W. Gilliam are also the children of the Said Taylor G. Gilliam deceased and are infants and are each entitled to an undivided eighth part of Said real and personal estate who subject to widows dower and Margaret A.J. Barnes daughter of Taylor G. Gilliam deceased who intermarried with Talton T. Barnes is also entitled to an undivided Eighth part of said estate real & personal also Subject to the widows dower and that Frances H. Motley daughter of Taylor G. Gilliam deceased who intermarried with one James C. Motley is also entitled to an undivided Eighth part of Said real and personal Estate also Subject to the widows dower also James T. Turner and Mary M. Turner children and infants under the age of twenty one years of Emily Turner having departed this life and prior to the death of the Said Taylor G. Gilliam deceased and that the Said James and Mary Turner are entitled to their mothers share of the personal and real estate of the said Taylor G. Gilliam deceased being one undivided Eighth part of the Same. and Said Court being satisfied that from the nature and amount of said real and personal estate and the number of the owner that partition thereof in hand cannot be made without great injury to said parties it is therefore ordered adjudged and decreed that partition be made between Said parties according to the rights of Said parties as herein before assessed and that the whole of said real and personal property be sold by the Sheriff of Said county the real estate on a credit of twelve months and the personal property for cash in hand as the Statutes in Such cases

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May Term AD 1854

made & provided direct and it is further ordered that the share as ascertained in this decree be paid to Said parties and that the Said Share going to said widow being one third of the proceeds of Said Sales for and during her natural life be paid to Said widow by Said Sheriff and that Said Sheriff take a bond of Said widow with good Security payable to Said Sheriff and his Successors in office for the use of said parties to this Suit and their heirs for the payment of said Sheriff to Said heirs at law of Taylor G. Gilliam deceased at the death of the Said widow and it is further ordered that the costs of this Suit be first paid out of the proceeds of Said Sales before the Same be distributed but that the said plaintiff be adjudged to pay the Same and that Said Defendants recover the Same of Said plaintiffs and that they have thereof Execution And it is further Ordered that there be allowed to Thomas W. Freeman and attorneys fee in this case to be paid as other costs in this case the Sum of Twenty five dollars and the opinion of the court in this cause is filed herein.

Stinson S. Stearns
vs
William H. McCullock
Civil Action
Now at this day comes again here into court Said parties by their attorney and the Jury return here into court the following verdict we the Jury find the issues for the plaintiff and assess his damage to the Sum of four hundred dollars It is therefore considered by the court here that Said plaintiff have and recover of Said defendant Said Sum of four hundred dollars the damage assessed by the Jury aforesaid and also his costs in this Suit laid out and Expended and that he have thereof Execution and Said defendant now files his motion for a new trial and the Same being Seen and understood by Said plaintiff it was agreed between the plaintiff and defendant that if Said defendant would withdraw the Same and take no appeal in this case or take the Same to the Supreme court upon a write of Error and not further defend the Same he Said plaintiff

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would remit the Sum of fifty dollars of Said Judgment to which both parties asserted and there upon Defendant by leave of the court withdraws his Said Motion for a new trial and Said plaintiff remits Said Sum of fifty dollars.
[written in left hand margin:] For and in consideration of the full amount of this Judgment to me in hand paid the receipt whereof is hereby acknowledged. I Stinson S. Stearns Plaintiff in this Cause hereby release the Same Given under my hand and seal this [space] day of March AD 1855 Teste (seal).

[The following is crossed out:]
John C. Chiles Trustee for Eliza Jane Reed & others
vs
Avery B. Howard
Civil action
Now at this day comes the parties by their attorneys and the defendants motion to Rule plaintiff to Security for costs coming on to be heard is by the court Sustained And it is ordered by the court that Said plaintiff be ordered to file his obligation for costs in this Suit with good and Sufficient Security in this office of the clerk of this court ninety days before the next term of this court.

John B. Brown
vs
Louisa Dent adm’r of Henry Dent Dec’d
Appeal from county court
Now at this day comes the defendant by her attorney and by leave of the court files her Bill of exceptions in this cause.

State of Missouri
vs
Toliver T. Earnest
Indictment for Sitting up venture
Now at this day comes the circuit attorney who prosecutes for the State of Missouri in this behalf and Says he will not further prosecute this Indictment against Said defendants. It is therefor ordered by the court that Said Indictment be dismissed.

Ann Looney & others
vs
Elizabeth Payne & others
Petition for Partition 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 Thomas Copenhaver all the right title interest and Estate of the parties

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May Term AD 1854

to the above Entitled cause in and to the following described real estate To wit The SW qr of the SE qr of Section 14 Township 39 Range 24 containing 40 acres and also the fee simple Estate Subject to the life Estate of the widow of Isham Looney dec’d to the NW qr & SW qr of the NW qr of Section No. 24 Township 89 Range 24 containing 80 Acres in St. Clair county Missouri And herein open court acknowledges the Same to be his act and deed for the Uses and purposes therein contained.

The Execution Docket being brought into court by the clerk of this court and Examined by the court as found correct.

It is Ordered by the court that All causes motions not otherwise disposed of be continued until the next term of this court.

Charles Suiter
vs
John A. Suiter, Anna Suiter & John Tally
Civil Action
Now at this day comes again Said plaintiff by his attorney as well as Deft John Tally by his attorney and the minors by their guardian John Tally and the demurrers filed on [space] last by said defendants coming on to be heard Was by the court overruled and defendants granted leave to file their answer to Said plaintiffs petition in the office of the clerk of this court Sixty days before the next Term of this court.

Ordered that court adjourn until court in course.

 

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