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St. Clair County Circuit Court
Microfilm Transcripts
November Term 1841
Page 27:
November Term 1841
At a Circuit Court Commenced and held in The Town of Osceola in the
County of St. Clair in the State of Missouri at the house of
Pleasant M. Cox & Lawrence Lewis on Monday the 29th day of November
AD 1841.
Present: Foster P. Wright, Circuit Judge
Chas. P. Bullock, Clerk
John Smarr, Sheriff
John Smarr Sheriff of St. Clair County returns here into Court the
Venire facias for a Grand Jury for the state of Missouri for the
body of St. Clair County from which were sworn and Empanelled the
following named persons to wit: Joseph B. Winston foreman, John D.
Sims, Thomas Ballinger, Isaac Harry, James M. Brice Renridge,
Ephraim Ripetoe, Abraham Burger, David Moore, James Norris, Alfred
W. Bullard, William Moore, Richard Smith, John Gray, Harlin Haise
and William P. Burks – who having received their charge retired to
Consider of their presentments.
Ruben Hind, Robert Stewart be appointed to Circuit attorney for the
State of Missouri pro tem during the present term of This Court, who
took the Oath of Office prescribed by Law.
This day Came John Hodges and files his petition to be admitted to
become a citizen of the United States and so who thereupon makes
oath here in open Court That it is his bona fide intention to become
a citizen of the United States and that he abjure and renounce all
allegiance and fidelity to every foreign power & proved sovereignty
and State and particularly to the King of whom he was formerly a
citizen whereupon it is ordered that the Said Applicant be furnished
with a certificate of application.
Page 28:
November Term 1841
William Short – plff
vs
Pleasant M. Cox – Deft
Trespass
Now at this day Comes the Defendant by his Attorney and Moves the
Court to dismiss This Cause because the order of the last term of
this Court ruling the plaintiff to security for Cost. And it
appearing to the Court that Said sides has not been Complied with
and on Excuse offered by said plaintiff it is Ordered by the Court
here that this Cause be dismissed and that the said Defendant
recover his Costs by him in this behalf laid out and Expended and
that he have thereof his writ of Execution.
William Short – plaintiff
vs
Henry W. Crow – Defendant
Trespass
Now at this day Comes the Defendant by his attorney and Moves the
Court To dismiss this Cause because the order at the last term of
this Court ruling the plaintiff to Security for Costs – has not been
complied by plaintiff And it appearing to the Court that both Sides
has not been Complied with and no Cause offered by said Plaintiff it
is Ordered by the Court here that this Cause be dismissed and that
the Said defendant recover of his Costs and Charges by him in behalf
laid out and Expended and that he have thereof his writ of
Execution.
William Short - plaintiff
vs
Daniel Short – Defendant
Trespass
Now at this day Comes the Defendant by his attorney and moves the
Court to dismiss this Cause because the order at the last term of
this Court ruling the plaintiff to security for costs has not been
Complied with, and it appearing to the Court that the Said Order has
not been Complied with and there being on Cause offered by said
plaintiff It is Ordered by the Court here that this Cause be
dismissed and that the said Defendant recover of the Said plaintiff
his costs and Charges by him in This Cause laid out And Expended and
that he have thereof his writ of Execution.
Order the Court Adjourn untill Tomorrow morning nine of the Clock.
F.P. Wright.
Page 29:
November Term 1841
Tuesday morning Nine of the Clock
Court met pursuant to adjournment
Present the same as on yesterday
Winham Stone – plaintiff
against
William Duskin – Defendant
Appeal
This day Came the plaintiff and filed herein his motion to dismiss
the appeal granted in the above cause.
Seth B. Howard – plaintiff
against
James Gardner – Defendant
Trespass
This day comes the parties by their attorneys and thereupon Came a
Jury towit Robert Burns, George W. Ponds, Reuben L. Nance, Roderick
D. McCullock, Ambrose Anderson, John A. Culbertson, Robert Allison,
Daniel Waldo, Richard More, Hezekiah Simpson, Lindsey Applegate &
James Petty who being elected, tried and sworn to by the manners and
issue Joined to wit and in Consideration make words, “We the Jury
find for the defendant”. Therefore it is Considered by the Court
that the said defendant recover of the plaintiff his Costs by said
action & his actions in this motion of said Cost & in manner and
that in thereof have Execution.
Archibald C. Todd and Leonidas I. Walker – Plaintiffs
against
Larkin H. Blake & Philips Crow – Defendants
Petition & Summons
This Day Comes the plaintiff by his attorney and on his Motion the
Sheriff has come to amend his return on the note issued in this
Court, and thereupon the Sheriff filed herein his amended Return.
Francis McClain – plaintiff
against
Robert Gray & James Gray – Defendants
Appeal
This day Comes the plaintiff by his attorney and files herein his
Motion to dismiss said appeal to granted in the Above Cause.
Page 28 ½:
November Term 1841
James Kelsoe – plaintiff
against
Charles Beale – Defendant
Case
This day Comes the parties by their attorneys and thereupon Came a
Jury towit Abraham More, Avery B. Howard, Isaac Culbertson, William
Hudson, David Cline, Edwin Giles, James P. Gray, Evans Teller, John
G. Howard, Williamson W. Winston, James Eason and Ambrose H.
Wilkerson who being Selected tried & Sworn to try the Matters in
issue joined returned a verdict in these words “We the Jury find for
the plaintiff in aforesaid case to the Sum of One Hundred and Fifty
eight Dollars and Thirty Seven ½ cents”. Therefore it is ordered by
the Court that the plaintiff receive against the defendant the Sum
of One Hundred and Fifty eight dollars & Thirty Seven ½ one half
cents for his damages aforesaid in favor aforesaid assessed together
with his Costs by him in this behalf Expended & went in thereof Said
Execution.
The State of Missouri – plaintiff
against
George W. Smith – Defendant
Indictment for Forgery
This day Comes the State of Missouri by the circuit attorney
prosecuting in this behalf who says he will not, nor does he further
prosecute this Indictment. Therefore it is Considered by the Court
that the Said defendant be discharged of his recognizance and that
he go thereof without day.
Ordered that the Court adjourn until tomorrow morning Nine of the
Clock.
F.P. Wright Circuit Judge
Wednesday morning 9 of the Clock Court met pursuant to adjournment
Present as in yesterday –
Now at This day Comes Ernest Laney here into Court and files his
petition and affidavit to be admitted to become a citizen of the
United States and of this State who thereupon made Oath here in Open
Court that it is his bona fide intention to become a Citizen of the
United States and of this state, and that he denounces his
allegiance to his own Lawful Sovereign and to every other foreign
power whatsoever thereupon It is Ordered by the Court here That the
said applicant be furnished with a Certificate of the application.
Page 29 ½:
November Term 1841
Joseph H. January – Plff
vs
Larkin H. Blake & Philips Crow – Defts
Petition in debt
Now at This day Comes the plaintiff by his attorney and Moves the
Court for leave to amend his petition – and to him leave is given.
Whereupon the said Plaintiff files herein Court his Amended Petition
and upon his motion a Counterpart of this writ is Ordered to be
directed to the Sheriff of Dade County for the Defendant Larkin H.
Blake, and this Cause is Ordered to be Continued untill the next
term of this Court.
Abraham C. Newell – Plff
vs
James D. Gray & John Thompson – Defts
Appeal
Now at This Day Comes the parties here into Court by Their attornies
and both parties being ready for trial and neither party requiring a
Jury. This Cause is Submitted to the Court Whereupon the Court after
hearing The Evidence I do find for The plaintiff the sum of One
hundred Dollars for his debt and the sum of five dollars & fifty
Cents for his damages by way of Interest at the rates of six per
Centum per annum Therefore it is Considered by the Court that the
said plaintiff recover of the said Defendants the sum of One hundred
Dollars for his debt and the sum of five Dollars & fifty Cents for
his damages so assessed as aforesaid, together with with his Costs
and Charges by him in this behalf laid out and Expended and that he
have thereof his writ of Execution.
Marcus McClane – plff
vs
Robert Gray & Jas D. Gray – Defts
Appeal
Now at This day Comes the parties by their attornies and the motion
filed on yesterday To Dismiss this appeal being agreed, I by the
Court sustained, therefore it is Considered by the Court that the
Said plaintiff recover of the said defendants his costs and charges
in this behalf laid out and Expended and that he have thereof his
writ of Execution.
Alexander Moore – plff
vs
Daniel Brant – Deft
Appeal
Now at this day Comes the parties by Their attornies and both
parties bring ready for trial, Cause a Jury To wit John B. Waldo,
Reuben L. Nance, Robert Anderson, Abraham
Page 30:
November Term 1841
Dow, Isaac Culbertson and John Morgan Six good and lawful men who
were elected tried and Sworn well and truly to try the matter in
Controversy in This Cause pending and which Jury and by the parties
agreed to who after hearing the evidence returned here into Court
the following Verdict. “We The Jury find for the Defendant.”
Therefore it is Considered by the Court here – that the said
defendant recover of the Said plaintiff his Costs and Charges by him
in This behalf Expended as well in the Court below as in this Court,
and that he have thereof his writ of Execution.
Charles Beale – plff
vs
David Kelso – Deft
Assumpsit
Now at this day Comes the parties by their attornies and both
parties bring ready for trial Came a Jury To wit John B. Waldo,
Reuben L. Nance, Abraham Dow, Isaac Culbertson, John Morgan, Thomas
F. Wright, David Gray – Eli Odom, Hezekiah Thompson, Jesse Jones,
William Gibson and Eglisha Marlow, who were elected tried and sworn
well and truly to try the issue in this Cause Cause Joined and
hearing heare the evidence – The plaintiff by his attorney Says he
will not further prosecute this action. Thereupon it is Considered
by the Court here That the said Plaintiff Take nothing by his and
aforesaid, but he in Mercy for his false Claim on A.P., it is
further Considered by the Said Court that the said Defendant recover
of the said Plaintiff his Costs and Charges by him in this behalf
laid out and Expended and That he have thereof his writ of
Execution.
Egbert Marton – Plff
vs
Robert Gray & James D. Gray – Defts
Petition in Debt
Now at this Day Comes the Plaintiff by his Attorney And moves the
Court here for leave to amend his petition in this Cause filed and
to him leave is given And This Cause is Ordered to be Continued
untill the next term of This Court.
Now at This day Comes the Grand Jury here into Court and presents to
the Court here a true bill against John L. Thornton for Keeping a
grocery without license – a true Bill against John L. Thornton for
vending merchandise without license also a true Bill against John
Hornbeck for Keeping a grocery without License and a true Bill
against John Hornbeck for Keeping a dram Shop without license.
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November Term 1841
A true Bill against Philips Crow for an assault with intent to Kill,
a True bill against Julius Sutliff and Robert Hester for resisting
legal process a True bill against also a true bill against Robert
Harris and Patrick Shields for Vending Merchandise without License
and a true bill against Robert Harris and Patrick Shields for
Keeping a grocery without License and having no further business
before them were by the Court discharged.
Thomas I. Turk – Plff
vs
Julius Sutliff – Deft
Appeal
Now at this day Comes the parties by their attornies and both
parties bring ready for trial and neither requiring a Jury This
Cause is submitted to the Court whereupon the Court after hearing
the Evidence do find the issue putting in issue the fact of the
plaintiff’s affidavit in Setting out the writ of attachment in this
Cause issued do Quit said Issue for the Defendant Therefore it is
Considered by the Court that the said Defendant recover of the said
Plaintiff his Costs and Charges by him in the attachment aforesaid
laid out and Expended and that he have thereof his writ of
Execution. Whereupon the plaintiff by his Attorney Suggests to the
Court here that the note, the foundation of the cause of action and
one of the Original Papers filed in this Cause has not been
transferred from the Benton Circuit Court by the Clerk though and
moves the Court for an order directing and Commanding the said Clerk
of the Benton Circuit Court reprising him to transmit to the Clerk
of this Court the Original papers in this Cause, to the Clerk of
this Court on or before the first day of the next term of this Court
untill which time this Cause is Ordered to be Continued.
The State of Missouri – Plaintiff
vs
Philips Crow – Defendant
Indictment for an assault with intent to Kill
Now at this Day Comes the said Philips Crow here to the bar of the
Court and Surrenders himself to the Court Whereupon it is Ordered by
the Court that the said Philips Crow enter into recognizance with
good and sufficient security in the Just and full sum of One
Thousand Dollars for the appearance of the said Philips Crow before
the Court here to answer the indictment aforesaid And Thereupon the
said Philips Crow & Daniel Waldo, Jesse Applegate, John T. McClain &
John E. Morgan his securities who are by the Court deemed good and
Sufficient and being personally present in Court acknowledged
themselves
Page 32:
November Term 1841
to owe and stand Justly indebted unto the State of Missouri in the
sum of One Thousand Dollars viz the said Philips Crow in the sum of
five hundred Dollars and the said Daniel Waldo, Jesse Applegate,
John T. McClain and John E. Morgan in the sum of five hundred
dollars. Which said Sums they and each of them acknowledged, Shall
be made and levied of their respective bodies, goods and chattels,
lands and tenements to and for the use of the Said State of Missouri
in Case the said Philips Crow, shall not make his personal
appearance before the Court here from day to day on the First day of
the next term thereof and answer to the Indictment aforesaid and
shall not depart the Court without leave.
James Norris – plff
vs
Parris Sims – Deft
Assumpsit & Attachment
Now at this day Comes the plaintiff by his attorney and it appearing
to the Court that the said defendant cannot be found in St. Clair
County and that the Order of publication made at the last term of
this Court has not been Published according to law, it is therefore
again ordered by the Court That the said Paris Sims be notified that
an Action of Assumpsit has been Commenced against him by the Said
James Norris for the sum of One hundred and Sixty Six Dollars and
fifty Cents – that a writ of attachment has been issued against his
Estate, and that unless he be and appear at the next term of this
Court to be begun and held at the Town of Osceola in said County on
the first Monday in April next and plead to the action aforesaid
according to Law within the three days of the said next term
Judgment will be Executed against him and his Estate sold to satisfy
the same. And it is further ordered that a Copy of this order be
published in some newspaper Published in this state for four weeks
Successively the last insertion to be at least three weeks before
the first day of the said next term – and this Cause is Ordered to
be Continued untill the next term of this Court.
Archibald C. Goddin, Leonidas D. Walter and Alfred T. Kennett –
Plaintiffs
vs
Larkin H. Blake & Philips Crow – Defendants
Petition in Debt
Now at this day Comes the parties by their attornies and the
Defendants by their attorney files herein their demurrer
Page 33:
November Term 1841
to the plaintiffs petition – Whereupon all and singular the premises
being seen, heard and by the Court fully understood, and mature
deliberation being thereon had it appears to the Court here that the
said plea of the said defendant above pleaded, and the matters there
Contained are not sufficient in law to preclude the said Plaintiffs
from having and maintaining their said action against the said
defendants, in manner and firm as the said Plaintiffs have above
alleged, Whereupon the said Plaintiffs ought to recover of the said
defendants their damages on occasion of the premises, and the said
Plaintiff pray that the said defendants may answer their said
petition, and because the said Defendants do not answer the said
petition aforesaid of the said plaintiff in the plea aforesaid,
whereby the said action remain against the said Defendants therein
undefended. Therefore the said plaintiffs ought to recover against
the said defendants their debt and Damages on Occasion of the
premises and because it is proved and manifestly appears to the
Court here that the said Plaintiffs ought to recover against the
said Defendants the sum of four Hundred and Sixty six Dollars and
four Cents for their debt and the sum of Twenty one dollars and
fifty three cents for their damages by way which – Therefore it is
Considered by the Court here the said Plaintiffs recover against the
said defendants the sum of four hundred & sixty six Dollars and for
cents for their Damages as aforesaid, together with their Costs and
Charges in this behalf laid out and Expended, and that they have
thereof their writ of Execution.
State of Missouri – Plaintiff
vs
John Hornbeck – Defendant
Indictment for Keeping dram shop
Now at this day Comes the Circuit Attorney and on his motion it is
ordered that a Capias de Issue directed to the Sheriff of Cooper
County returnable to the next term of this Court untill which time
this Cause is Ordered to be Continued.
State of Missouri – Plaintiff
vs
John Hornbeck – Defendant
Indc’t Grocery Keeping
Same Order as above.
Page 34:
November Term 1841
State of Missouri – Plff
Vs
Julius Sutliff & Hobert Kish – Deft
Indc’t resisting process
Now at this Day Comes the Circuit attorney and upon his motion it is
Ordered by the Court here that a capias de issue against the said
Defendants returnable to the next term of this Court untill which
time this Cause is ordered to be Continued.
State of Missouri
vs
John T. Thornton
Indc’t Vending Merchandise
Now at this day Comes the Circuit attorney and upon his motion It is
ordered that a Capias de issue directed to the Sheriff of Cole
County returnable to the next term of this Court untill which time
this Cause is Ordered to be Continued.
State of Missouri
vs
John T. Thornton
Indc’t Grocery Keeping
Same Order as above.
State of Missouri
vs
Robert Harris & Patrick Shields
Indc’t Dram Shop Keeping
Now at this Day Comes the Circuit attorney and upon his motion it is
ordered that a Capias de Issue against the Said Defendants
returnable to the next term of this Court untill which time this
Cause is ordered to be Continued.
State of Missouri
vs
Robert Harris & Patrick Shields
Indc’t Vending goods
Same Order as above.
Abner Baley – Plff
vs
Julius Sutliff – Deft
Petition in debt & Attachment
Now at this day come the parties by their attornies and the
Defendant by his attorney files herein his motion to quash the
attachment in This Cause issue, whereupon all and singular the
premises being seen, heard and by the Court fully understood is by
the Court Sustained – Therefore it is Considered by the Court here
that the said Defendant Recover of the said Plaintiff his Costs and
Charges by him
Page 35:
November Term 1841
in This behalf laid out and Expended, and that he have thereof his
writ of Execution – And whereas the said Defendant sayeth nothing in
bar or preclusion of the Action of the said plaintiff aforesaid and
whereby the said Action remains against the said Defendant Therein
undefended, and whereas it is proved and manifestly appears to the
Court here that the said Plaintiff ought to recover against the said
Defendant the sum of One hundred and sixty nine Dollars & seventy
three cents for his Debts and the further sum of One Dollar & Sixty
nine and one half Cents for his Damages by way of interest –
Therefore it is Considered by the Court that the said plaintiff
recover against the said Defendant the debt and damages aforesaid
together with his Costs and Charges by him in this behalf laid out
and Expended and That he have thereof his writ of Execution.
Ordered that Court adjourn untill tomorrow morning Eight of the
Clock.
F.P. Wright
Thursday Morning Eight of The Clock
Court met pursuant to adjournment.
Present as on yesterday.
Order that all Causes and motions not otherwise disposed of be
Continued untill the next term of this Court.
Order That Court adjourn untill Court in Cause.
F.P. Wright
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