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St. Clair County Circuit Court
Microfilm Transcripts
November Term 1852
Page 318:
November Term AD 1852
At a circuit court begun and held at the courthouse in the Town of
Osceola in St. Clair county Missouri on Monday the first day of
November AD 1852 There were Present
Waldo P. Johnson circuit Judge
James W. Beck clerk
George Preston Sheriff
Burr H. Emerson cir atty
The Sheriff of St. Clair county returned into court the venire
facias together with the Pannel of Grand Jurors thereon endorsed
From which were sworn the following Persons Towit: Edmund Nance
Foreman, Joseph Culbertson, William Whitley, Peter Stephens, John
Tally, James Vickers, John Barnett, Hugh Hall, Aquilla Pritchard,
Garner Philips, Robert Hester, George W. Short, Elisha Bridges,
Theoderick Snuffer and Noah S. Caton Fifteen good and lawful men who
having been empanneled sworn and charged retired to consider of
their Presentments and Indictments.
Upon satisfactory proof of the sickness of James A. Thompson It is
ordered by the court that he be Excused for non attendance as a
Grand Juror at this Term of this court in obedience to the summons
on him served by the Sheriff of St. Clair county.
The State of Missouri – Pltff
vs
Henry Pollard – Defdt
Indictment for Selling Liquor in less quantity than a quart without
License
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and says he will not further prosecute this
Indictment. Therefore It is considered by the court That the said
defendant from his recognizance be discharged And that he go hence
thereof without day.
Stinson S. Stearns – Pltff
vs
William H. McCullock – Dedft
Civil Action
Now at this day comes the Parties by their attornies And on motion
of the said Plaintiff by his attorney This cause is by the court
ordered
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November Term AD 1852
to be continued until the next Term of this court at the costs of
the said Plaintiff.
The State of Missouri – Pltff
vs
Henry Pollard – Dedft
Indictment for Permitting gaming in his house
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and on Motion of the said Defendant by his
attorney this cause is ordered to be continued until the next term
of this court.
The State of Missouri – Pltff
vs
Henry Pollard and Wm. N. Houston – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri And on Motion of the Said Defendant Henry Pollard
by his attorney this cause is ordered to be continued until the next
term of the court as to the said Defendant Henry Pollard.
James M. Breckenridge and others
Exparte
Petition for Partition of Land
Now at this day comes the said Petitioners by their attorney and the
commissioners Joshua Dallas and Elisha H. Bell appointed by order of
this court to make Partition of the real Estate mentioned returns
herein into court the following report To wit:
“To the Honorable St. Clair circuit court
The undersigned commissioners Joshua Dallas, Elisha Bell and Robert
Sproull appointed by the court to make partition of the lands and
real Estate of Robert N. Burch deceased among the heirs and devisees
of said Burch Beg leave to report That they have Examined said lands
and real estate And that Partition thereof cannot be made without
great prejudice to the said heirs and Devisees the owners of said
land all of which is respectfully Submitted.
Joshua Dallas
Elisha H. Bell
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November Term 1852
Commissioners fees
Elisha H. Bell claims for 2 days $3.00
Joshua Dallas claims for 1 day $1.50
Joshua Dallas
E.H. Bell
We the undersigned Joshua Dallas and Elisha Bell commissioners
appointed by the St. Clair circuit court to make Partition of the
lands tenements and real Estate of Robert N. Burch deceased among
the heirs and divisees of said Burch being first duly sworn depose
and say that we have honestly and impartially Executed the trust
reposed in us.
Elisha H. Bell
Joshua Dallas
Sworn to and subscribed before me this first day of November AD
1852.
James W. Beck clerk of the St. Clair Circuit court
Whereupon there being no objection to said report or good cause
shown to set the same aside Said report is by the court approved and
ordered to be filed and recorded And it is further adjudged and
decreed by the court that the Sheriff of St. Clair county Shall
proceed to sell the lands and real estate in Said Petition mentioned
to the highest bidder at public auction at the courthouse door in
the Town of Osceola in St. Clair county Missouri according to law on
a credit of Twelve months
And this cause is ordered to be continued until the next term of
this court.
The State of Missouri – Pltff
vs
R.H. Sproull, Wm. T. Matlock and Wm. N. Houston – Defts
Indictment for Gaming
Now at this day comes the Circuit attorney who Prosecutes for the
State of Missouri And the said defendant William N. Houston by his
attorney files herein his Plea of Misnomer whereupon the said
circuit attorney who prosecutes for the State of Missouri says he
will not further Prosecute this indictment against the said
defendant William N. Houston Therefore it is considered by the court
that the said Defendant William N. Houston from his recognizance be
discharged And that he go hence thereof without day And the said
Defendant William T. Matlock for his plea says he is not guilty in
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November Term 1852
Manner and form as charged in said indictment against him and both
Parties being ready for trial comes a Jury to wit. David T. Short,
Lewis Reese, Andrew J. Nicholas, Zachariah Lilly, James H. White,
Henry E. Moran, John C. Looney, William R. Gibbs, Daniel W. Keith,
John H. Osborn, John C. Greenwell and Socrates B. Stone Twelve good
and lawful men Elected and Sworn well and truly to try the Issue in
this cause Joined And after hearing the evidence returned into court
the following verdict “We the Jury find the Defendant Guilty and
assess the fine at Ten dollars” Therefore it is considered by the
court that the said Plaintiff Recover against the said Defendant
William T. Matlock the sum of Ten dollars so assessed as aforesaid
together with her costs and charges in said behalf expended And that
Execution issue therefore And that he render himself in execution
therefore.
George W. Ponds – Pltff
vs
Elisha Bridges adm’r of the Estate of Thos. D. Green – Defd’t
Petition for title to Land & Deed from adm’r
Now at this day comes Elisha Bridges administrator of the Estate of
Thomas D. Green Deceased and tenders to the court here a deed by him
Executed as administrator as aforesaid to George W. Ponds in
compliance with a decree of this court heretofore rendered in the
above Entitled cause for the following real Estate To wit The south
East quarter of the south west quarter of Section No. 33 of Township
No. 38 of Range No. 24 containing 40 acres situated in St. Clair
county Missouri And the said Elisha Bridges being Personally Known
to the court here to be the real person whose name is subscribed to
said Deed as having executed the same And in open court acknowledged
the same to be his act and deed for the uses and purposes therein
contained.
The State of Missouri – Pltff
vs
Thomas Arnett, Wm. N. Houston, & W.T. Matlock – Defts
Indictment for Gaming
Now at this day comes the said Defendants W.T. Matlock by his
attorney and files herein his plea of Misnomer.
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November Term 1852
L.S. Rogers – Pltff
vs
R.H. Sproull – Deft
Civil action
Now at this day comes the said Plaintiff by his Attorney and files
herein his amended Petition in this cause against the said Defendant
and Joseph Montgomery.
Ordered that court adjourn until tomorrow morning 8 oclock. W.P.
Johnson Cir Judge
Tuesday Morning 8 oclock court met Pursuant to adjournment Present
as on yesterday.
The State of Missouri – Pltff
vs
Samuel Warfield & Elcana Cain, Samuel P. Hedges, Wm. T. Matlock,
James Ditty (& Thomas B. Johnson not Joined in the motion)
Indictment for Gaming and Motion to quash Indictment
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the said Defendants Samuel Warfield,
Elcana Cain, Samuel P. Hodges, Wm. T. Matlock & James Ditty by their
attorney Whereupon said Defendants by their attorney files herein
their Motion to quash said indictment which said motion being seen
heard and fully understood by the court is by the court Sustained.
It is therefore considered by the court that the said Defendants
Samuel Warfield, Elcana Cane, Samuel P. Hedges, Wm. T. Matlock, &
James Ditty from their recognizance be discharged And that they go
hence thereof without day.
Upon proof of a satisfactory excuse It is ordered by the court that
Samuel T. Weir be excused for his non attendance as a Grand Juror at
this term of this court in obedience to the Summon on him Served by
the Sheriff of St. Clair county.
Ordered that court adjourn until tomorrow Morning 8 o Clock.
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November Term AD 1852
Richard Houston – Pltff
vs
John Ruark – Deft
Civil action for the recover of Specific Property
Now at this day comes the said Plaintiff by his attorney and files
herein his Petition.
Ordered that court adjourn until tomorrow morning 8 oclock. W.P.
Johnson
Wednesday morning 8 oclock court met Pursuant to adjournment Present
as on yesterday.
Richard Houston – Pltff
against
John Ruark – Deft
Civil action for the Specific delivery of Personal property
Now at this day comes the Plaintiff by his attorney and on his
motion It is ordered by the court that the Defendant John Ruark
Deliver to the Sheriff of St. Clair county the light two horse wagon
named in the affidavit of L.B. Davis and Peter T. Ruark (filed in
said cause by the said Plaintiff on yesterday) mentioned and in case
the said Defendant Shall fail or refuse so to do the Said Sheriff of
Said county is hereby required to take the said property in said
affidavit mentioned from the said defendant and Deliver it to the
said Plaintiff And that a Summon issue against said Defendant to
appear at the next term of this court to answer the Petition of the
Plaintiff.
The State of Missouri – Pltff
against
Robert H. Sproull et al – Defts
Indictment for Gaming
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant Robert H. Sproull in
discharge of his recognizance whereupon the said Defendant Robert H.
Sproull presented to the court and filed herein his Petition
verified by affidavit Praying the court to award a change of venue
in the above cause against said Defendant for reasons that the Judge
of the Court is prejudiced against them so therefore cannot have a
fair trial and said Petition and the matters and things thereon
contained being seen and heard and fully understood by the court It
is ordered by the court that a
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Change of venue be awarded in this cause to the Circuit Court in
said county in the county Circuit Court for the notice of sale at
courthouse a full and complete transcript of the record and
proceedings in this cause be made out and certified and transmitted
to the circuit court of Bates county in the Sixth Judicial circuit
in the State of Missouri there to be tried & whereupon the said
Defendant R.H. Sproull as principal and Theoderick Snuffer as his
security comes here into court and acknowledge themselves jointly
and severally as his surety comes here into court and acknowledge
themselves jointly and severally justly indebted to the State of
Missouri in the sum of one hundred dollars to be levied of their
respective goods and chattels lands and Tenements to the use of said
state to be rendered void on condition that the said R.H. Sproull
personally appear before the Honorable Judge of the Bates circuit
court at the court house in the Town of Papenville on the first day
of the next term of said court to be begun and held on the fourth
Monday after the Second Monday on March next then and there to
answer the aforesaid Indictment and not depart said court without
leave of said court otherwise to remain in full force And thereupon
comes here into court Talton T. Barnes a witness in the above cause
and acknowledges himself Justly indebted to the State of Missouri in
the sum of Fifty Dollars to be levied of his goods and Chattels
Lands and tenements to the use of said State to be rendered void on
condition that the said Talton Barnes personally appear before the
Honorable Judge of the Bates circuit court at first day of the next
term of said court to be begun and held on the fourth Monday after
the Second Monday in March next and give testimony in a certain
cause wherein the State of Missouri is Plaintiff and R.H. Sproull is
defendant in an indictment and others in the St. Clair circuit court
for gaming.
[crossed out:] and not depart said court without leave of said
The State of Missouri – Pltff
against
Alcana Cain – Deft
Indictment for selling Liquor in less quantity than one Quart
without license
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant [corner of page is
torn]
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November Term AD 1852
Discharge of his recognizance whereupon the said Defendant presented
to the court and filed herein his Petition verifyed by affidavit
Praying the court to award a change of venue in said cause for the
reason that the Judge of this court is prejudiced against said
defendant as that he cannot have a fair trial in this court And said
petition and the matters and things therein contained being seen and
heard and fully understood by the court It is therefore ordered by
the court for the reason aforesaid that a change of venue be awarded
in said cause to the circuit court of Bates county in the Sixth
Judicial circuit in the State of Missouri there to be tried
Whereupon the said Elcana Cain as principal and Henry E. Moran as
his Surety comes here into court and acknowledge themselves Jointly
and severally Justly indebted to the State of Missouri in the sum of
one hundred dollars to be levied of their respective goods and
chattels Lands and tenements to the use of said Estate to be
rendered void on condition that the said Elcana Cain personally
appear before the Judge of the Bates circuit court at the court
house in the Town of Papenville on the first day of the next term of
said court to be begun and held on the fourth Monday after the
second Monday in March next then and there to answer said indictment
and not depart said court without Leave of said court otherwise to
remain in full force And thereupon comes here into court Samuel P.
Hedges and Daniel Perrin who severally acknowledge themselves to owe
and be Justly indebted to the State of Missouri in the sum of fifty
dollars each to be levied of their respective goods and chattels
lands and tenements to the use of Said State to be rendered void on
condition that they personally appear before the Judge of the Bates
circuit court at the courthouse in the Town of Papenville on the
first day of the next term of said court to be begun and held on the
4th Monday after the 2nd Monday in March next and give Evidence on
the part of the State of Missouri in the cause wherein the State of
Missouri is Plaintiff and Elcana Cain is Defendant in an indictment
preferred against said Elcana Cain in the St. Clair circuit court
for Selling Liquor in Less quantity than one quart without License.
Page 326:
November Term AD 1852
James T. Teays – Pltff
against
David Short – Defd’t
Civil action
Now at this day comes the said Defendant by his attorney and by
Leave of the court files herein his motion to strike out Irrelevant
and redundant matter in the bill filed with the Plaintiffs Petition
as well as said Petition.
Drury S. Christian – Plaintiff
against
John L. Kline – Defend’t
Civil action
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his Motion to rule the said
Plaintiff to give security for the Maintenance of his suit which
said motion being seen heard and fully understood by the court is by
the court Sustained It is therefore ordered by the court that the
said Plaintiff be required to file a bond Conditioned according to
law with good and sufficient security for the costs and Expenses
which have or may accrue and be adjudged against him in said Suit
ninety days before the first day of the next term of this court.
Daniel R. Jones – Pltff
against
Wiley B. Myers – Deft
Civil action
Now at this day comes the said Defendant by his attorney and by
leave of the court files herein his motion to dismiss suit.
Elizabeth Anderson by her next friend Christian Hoover – Pltff
against
Robert Anderson – Deft
Civil Action
Now at this day comes the said Defendant by his attorney and on
motion and by leave of the court files herein his motion to rule the
said Plaintiff to Security for costs.
The State of Missouri – Pltff
against
Elcana Cain – Deft
Indictment for Permitting Gaming in his house
Now at this day comes the circuit attorney who prosecutes
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November Term AD 1852
for the State of Missouri as well as the said Defendant in discharge
of his recognizance whereupon the said defendant 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
that the Judge of this court is prejudiced against said Defendant 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.
The State of Missouri – Pltff
against
Elcana Cain – Defdt
Indictment for Selling Liquor to M.J. Harris in less Quantity than a
Quart
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and Says he will not further prosecute this
indictment Therefore it is considered by the court that the said
Defendant from his recognizance be discharged And that he go hence
thereof without day.
L.S. Rodgers – Pltff
against
Robert H. Sproull and Joseph Montgomery – Defts
Civil Action and Motion for Scire facias
Now at this day comes the said Plaintiff by his attorney and on his
motion and by leave of the court files herein his motion and moves
the court to make an order that a scire facias be issued against the
said Defendant Joseph Montgomery for him the said Joseph Montgomery
to Show cause why Judgment should not be rendered up in said cause
and Examination had against the property in said petition mentioned
to wit Lot No. 2 in Block No. 40 in the Town of Osceola in St. Clair
county Missouri to enforce the Lien against said Property which said
motion being seen heard and fully understood by the court is by the
court Sustained It is therefore ordered by the court that a Scire
facias Issue against the Said Joseph Montgomery to show case as in
said motion required returnable to the first day of the next term of
this court.
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November Term AD 1852
The State of Missouri – Pltff
against
Henry Pollard and Wm. N. Houston – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant Wm. N. Houston in
his own proper person and the said Defendant for his plea says he is
not guilty in manner and form as in said indictment is charged
against him And both Parties being ready for trial comes a Jury To
wit: Lewis Fournier, John W. Beckley, Joshua W. Ellis, Robert
Anderson, Samuel Wyatt, David T. Short, George W. Fain, Hezekiah
Thompson, Lemuel R. Oakes, William L. King, James Rains, and Henry
Reese, 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 into court the following verdict “we the Jury find the
defendant guilty and assess the fine at ten dollars” It is therefore
considered by the court that the said Plaintiff Recover against the
said Defendant William N. Houston the sum of Ten dollars so assessed
as aforesaid, together with her costs in said behalf expended and
that Execution issue therefor and that said Defendant render himself
in execution therefor.
The State of Missouri – Pltff
vs
Thomas Arnett Etal
Indictment for Gaming
It is ordered by the court that an alias capias be Issued in this
cause against the said Defendant Thomas Arnett Directed to the
Sheriff of the proper county.
Henry T. Small – Pltff
vs
Samuel P. Hedges and Thos. J. Smith – Defts
Appeal
Now at this day comes the parties by their attorneys and both
parties being ready for trial comes a Jury to wit James Rains,
Hezekiah Thompson, Henry Reese, William L. King, George W. Fain,
Andrew Culbertson, Lemuel R. Oakes, Jonathan Culbertson, Samuel B.
Shryer, William M. Culbertson, Richard R. Fewel, and George R. Cowan
Twelve good and lawful men Elected and Sworn well and truly to try
the Issue in this cause Joined who after hearing the Evidence and
being out a reasonable time
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November Term AD 1852
of time without agreeing on their verdict were by the court
adjourned until tomorrow morning 9 oclock.
Daniel R. Jones – Pltff
vs
Wiley B. Myers – Deft
Civil Action
Now at this day comes the said Plaintiff by his attorney and on his
motion and by leave of the court files herein his amended Petition
whereupon It is ordered by the court that all the costs which have
accrued in this cause be taxed against Said Plaintiff.
The Grand Jury Returns into court here and by their foreman Presents
the following bills of Indictment to wit:
The State of Missouri
vs
Edward Mitchel
Indictment for Selling Liquor with out License No. 1
The State of Missouri
vs
James F. Beck
Indictment for dealing with slave
The State of Missouri
vs
Edward Mitchell
Indictment for selling Liquor without license No. 2
The State of Missouri
vs
Samuel Warfield, Elcana Cain, Thomas B. Johnson, Samuel P. Hedges,
Wm. T. Matlock & James Ditty
Indictment for Gaming
The State of Missouri
vs
Valentine Hoover & Finas Anderson
Indictment for Gaming, Playing cards on Sunday
The State of Missouri
vs
Indictment for
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November Term AD 1852
And having no further business before them were by the court
discharged.
And it is ordered by the court that capiases Issue on all
Indictments found at this term of the court directed to the Sheriff
of the proper county.
Ordered that court adjourn until tomorrow morning 9 oclock. W.P.
Johnson
Thursday morning 9 oclock court met Pursuant to adjournment Present
as on yesterday.
Joseph Hall – Pltff
vs
B.W. Smithson – Deft
Appeal
Now at this day comes the Parties by their attorneys and by
agreement of the Parties this cause is ordered to be continued until
the next term of this court.
Thursday morning 9 oclock court met pursuant To adjournment Present
as on yesterday.
The State of Missouri – Pltff
against
Elcana Cain – Deft
Indictment for permitting Gaming in his house
Now at this day comes the said Defendant Elcana Cain as principal
and John C. Greenwell as his surety here into court and acknowledge
themselves Jointly and Severally to be Justly indebted to the State
of Missouri in the sum of one hundred dollars to be levied of their
respective goods and chattels lands and tenements to the use of said
State to be rendered void on condition that the said Elcana Cain
personally appear before the Judge of the Bates circuit court at the
court house in the Town of Papenville on the first day of the next
term of said court to be begun and held on the fourth Monday after
the second Monday in March next then and there to answer said
indictment and not depart said court without Leave of said court
otherwise to remain in full force.
Elizabeth Anderson (by her next friend Christian Hoover) – Pltff
vs
Robert Anderson – Deft
Civil action
Now at this day comes again the parties
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November Term AD 1852
by their attornies and the Motion filed by the Said Defendant on
Yesterday to rule the Said Plaintiff to Security for costs in said
Suit coming up for trial and being seen heard and fully understood
by the court Said Motion is by the court Sustained whereupon it is
ordered by the court that the said Plaintiff file his obligation
with good and sufficient for all costs which may be adjudged against
them in said Suit at Least ninety days before the first day of the
next Term of this court.
Elizabeth Anderson (by her next friend Christian Hoover) – Pltff
vs
Robert Anderson – 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 answer to the said
Plaintiffs Petition.
Drury S. Christian – Pltff
vs
John L. Kline – 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 answer to the said
Plaintiffs Petition.
The State of Missouri – Pltff
vs
Thomas B. Johnson Etal – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and says he will not further prosecute said
Indictment against said Defendant It is therefore considered by the
court that said Indictment be dismissed.
The State of Missouri – Pltff
vs
Thomas Arnett, Wm. N. Houston & W.T. Matlock – Defts
Indictment for Gaming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and says he will not further prosecute this
indictment against the said defend W.T. Matlock It is therefore
considered by the court That the said Defendant W.T. Matlock from
his recognizance be discharged and that he go hence thereof without
day And the said Defendant Wm. N. Houston for his
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plea says he is not guilty in manner and form as in said indictment
is charged against him and both parties being ready for trial comes
a Jury to wit Thomas F. Wright, Holden W. Cox, Ashford Publy,
Benjamin W. Smithson, Henry T. Small, Wiley B. Myers, Stinson S.
Stearns, John C. Greenwell, Socrates B. Stone, William Wright, Henry
E. Moran and David T. Short 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 here into court the following verdict
to wit: We the Jury find the Defendant not guilty as charged in the
indictment It is therefore considered by the court that the said
defendant Wm. N. Houston from his recognizance be discharged.
Susan Reavis – Pltff
vs
Socrates B. Stone – Deft
Appeal
Now at this day comes the Parties by their attorneys and neither
Party requiring a Jury this cause is Submitted to the court
whereupon after hearing the Evidence and mature deliberation thereon
had the court doth find for the Defendant. It is therefore
considered by the court that the said Defendants recover against the
said Plaintiff his costs and charges by him laid out and Expended in
this behalf and that Execution Issue therefor.
Henry T. Small – Pltff
vs
Samuel P. Hedges & Thomas J. Smith – Defts
Appeal
Now at this day comes here into court the Jury empanelled and Sworn
on yesterday and returns into court the following verdict to wit: We
the Jury find for the Plaintiff and assess the damage at $12.00” It
is therefore considered by the court that the said Plaintiff recover
against the said Defendant and the securities in the appeal bond
C.H. Yeater and William C. Douglass the sum of Twelve dollars so
assessed by the Jury as aforesaid together with his costs and
charges in said behalf by him laid out and expended and that
Execution Issue therefor.
William Allen – Pltff
vs
R.S. Nance – Deft
Appeal
Now at this day comes the Parties by their attornies
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and both Parties being ready for trial and neither Party requiring a
Jury this cause is Submitted to the court whereupon after due
deliberation thereon had the court doth find the said Defendant
Justly indebted to the said Plaintiff in the sum of fifty dollars
for his debt & seventeen dollars fifty cents damages by way of
interest It is therefore considered by the court that the said
Plaintiff Recover against the said Defendant and Edmund Nance the
security in the appeal bond the said sum of $67.50 so found by the
court as aforesaid together with his costs in this behalf Expended
and that Execution Issue therefore.
Ordered that court adjourn until tomorrow morning 9 oclock. W.P.
Johnson
Friday morning 9 oclock court met Pursuant to adjournment Present as
on yesterday.
The State of Missouri – Pltff
vs
Saml Warfield, Elcana Cain, Thos. B. Johnson, Saml P. Hedges, Wm. T.
Matlock & Jas. Ditty – Defts
Indictment for Gaming
Now at this Day comes Elcana Cane, as principal and Aaron Trippet,
as his Security, and acknowledge themselves to be Jointly and
Severally Justly indebted to the State of Missouri in the sum of one
hundred Dollars to be levied of their respective goods and chattels
Lands and tenements, to be rendered void on condition that the said
Elcana Cain shall personally appear before the Judge of the St.
Clair circuit court at the courthouse in the Town of Osceola on the
first day of the next term of Said Court to be begun and held on the
5th Monday after the 4th Monday on March next To answer said
Indictment and not depart said court without Leave of said court.
Harry C. Douglass & Washington Whitlow – Pltffs
vs
Roderick D. McCullock – Deft
Attachment
Now at this day comes the said Plaintiffs by their Attorney and Asks
leave of the court to amend their petition in this cause filed and
to them leave is granted by the court and said amendment made here
in court in the margin and one in to Court or
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November Term AD 1852
in the original Petition.
The State of Missouri – Pltff
vs
Samuel P. Hedges Et al – Defts
Indictment for Gaming
Now at this day comes the Circuit Attorney who prosecutes for State
of Missouri as well as the said Defendant Samuel P. Hedges in his
own proper person And the said Defendant says he is guilty in manner
and form as in said indictment is charged against him and for his
punishment puts himself upon the mercy of the court, whereupon the
court doth assess a fine of Ten dollars It is therefore considered
by the court that the said Plaintiff Recover against said defendant
the sum of Ten dollars for his fine so assessed by the court as
aforesaid together with his costs and charges in this behalf laid
out and Expended and that Execution Issue thereof with capias
clause.
James Woods, Wm. T. Christy, James C. Christy & Robert K. Woods
(Partners under the name firm and Style of Woods Christy) – Pltffs
vs
William Waldo and Roderick McCullock (Partners under the name firm
and Style of Waldo McCullock) – Defts
Attachment
Now at this day comes the said Plaintiffs by their attorney And on
motion of said Plaintiffs by their attorney It is ordered by the
court that this cause be dismissed as to the said Defendant William
Waldo.
James Woods, William T. Christy, James C. Christy and Robert K.
Woods (Partners under the name firm and Style of Woods Christy)
against
Roderick D. McCullock – Defdt
Attachment
Now at this day comes the Said Plaintiffs by their attorney and it
appearing to the satisfaction of the court that the said Defendant
is not a resident of nor residing in the State of Missouri and that
an attachment has been issued by the clerk of the circuit
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November Term AD 1852
court of St. Clair county and has been levied by the Sheriff of St.
Clair county on the following Property of the defendant situated in
the Town of Osceola in St. Clair county Missouri To wit Part of Lot
No. 7 in Block No. 12 – 24 feet on Chestnut Street and 42 feet on
the ally the South half of lot No. 5 in Block No. 12 Lot No. 11 in
Block No. 14 and Lots Nos. 1, 2, 3, 4 & 5 in Block No. 6 And said
defendant not appearing nor pleading nor answering to said action It
is therefore ordered by the court that said Defendant be notified by
Publication in the “Osceola Independent” a newspaper published in
Osceola St. Clair county Missouri for four weeks successively the
Last insertion to be not less than four weeks before the first day
of the next term of this court That the said Plaintiffs have
commenced a civil action by Attachment against the defendant for the
sum of Three hundred and Ninety two dollars and thirty seven cents
being a balance due on a promissory note Executed by said defendant
to said Plaintiffs and that the Property of said defendant has been
levied and attached and that unless he be and appear at the next
term of the circuit court of St. Clair county Missouri to be begun
and held at the courthouse in the Town of Osceola on the fifth
Monday after the fourth Monday in March next and on or before the
third day thereof if the term Shall so long continue and if not then
before the end of said term Judgment will be rendered against him
and his property sold to satisfy said Judgment.
The State of Missouri – Pltff
vs
Elcana Cain
Indictment for Permitting Gaming in his house
Now at this day comes here into court Talton T. Barnes a witness on
the Part of the Plaintiff in said cause and acknowledges himself to
be Justly indebted to the State of Missouri in the sum of Fifty
dollars to be levied of his respective goods and chattels Lands and
tenements to be rendered void on condition that he shall personally
appear before the Judge of the Bates circuit court At the courthouse
in the town of Papenville on the first day of the next term of said
court to be begun and held on the 4th Monday after the second Monday
in March next and give Evidence in said cause.
Page 336:
November Term AD 1852
The State of Missouri – Pltff
vs
William T. Matlock Etal – Defdt
Indictment for Gaming
Now at this day comes here into court the said [space] as Principal
and [space] as his security and acknowledge themselves Jointly and
severally to be Justly indebted to the State of Missouri in the sum
of one hundred dollars to be Levied of their respective goods and
chattels Lands and tenements to be rendered void upon condition that
the said [space] Shall personally appear before the Judge of the St.
Clair Circuit court at the courthouse in the Town of Osceola on the
first day of the next term of said court to be begun and held on the
fifth Monday after the fourth Monday in March next then and there to
answer said indictment and not depart said court without leave of
said court otherwise to remain in full force.
Harry C. Douglass and Washington Whitlow – Plaintiffs
against
Roderick D. McCullock – Defendant
Attachment
Now at this day comes the said Plaintiff by their attorney and it
appearing to the satisfaction of the court That the Defendant is not
a resident of nor residing in the State of Missouri and that an
attachment has been Issued by the clerk of the Circuit court of St.
Clair county Missouri and has been levied by the Sheriff of St.
Clair county on the following property of the defendant Situated in
the Town of Osceola in St. Clair County Missouri To wit: half of lot
3 in Block 15 – 21 feet front by 120 deep Lots 1, 2, 3, 4 & 5 in
Block 6 – 42 feet front by 120 deep lot 11 in block 14 – 42 by 120
deep part of lot 7 in Block 12 – 24 feet on Chestnut Street and 42
feet on the alley S ½ of Lot No. 5 in Block No. 12 – 42 feet front
by 60 deep back And said defendant not appearing nor pleading nor
answering to said action It is therefore ordered by the court that
said defendant be notified by Publication in the “Osceola
Independent” a newspaper Published in the Town of Osceola St. Clair
county Missouri for four weeks Successively the Last insertion to be
not less than four weeks before the first day of the next term of
this court That the said Plaintiffs have commenced a civil action by
Attachment against said Defendant for the Sum of Two hundred and
Page 337:
November Term AD 1852
four dollars for money Paid by said Plaintiffs as Security for said
Defendant to the Bank of the State of Missouri at its branch in
Springfield on a promissory Negotiable Note Executed by said
Defendant and said Plaintiffs and that the property of said
Defendant has been Levied and attached and that unless he appear at
the next term of the circuit court of St. Clair county Missouri to
be begun and held at the court house in the Town of Osceola on the
fifth Monday after fourth Monday in March next and on or the third
day thereof if the Term Shall so long continued and if not then
before the end of said Term Judgment will be rendered against him
and his Property Sold to satisfy the Judgment.
Tignell Bailey – Pltff
vs
Elizabeth Bailey – Deft
Petition for Divorce
Now at this day comes the said Plaintiff by his attorney and asks
Leave of the court to amend his Petition in this cause and to him
leave is granted by the court to file his amended Petition ninety
days before the next term of this court And this cause is ordered to
be continued until the next term of this court.
A.B. Harris Etal, Admr’s of Samuel W. Harris Dec’d – Pltffs
vs
E.C. Davis & Wm. J. Mays – Defts
civil action
Now at this day comes the said Parties by their attorneys and the
said E.C. Davis by his attorney issues the service of Process in
this suit And the said Plaintiffs by their attorney Asks Leave of
the court to amend their Petition in this cause and to them leave is
by the court granted to file their amended Petition ninety days
before the next term of this court And this cause is ordered to be
Continued until the next term of this court.
L.S. Rogers – Pltff
vs
Wm. L. Vaughan – Deft
Appeal
Now at this day comes the parties by their attorneys and by
agreement of the Parties this cause is ordered to be continued until
the next term of this court.
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November Term AD 1852
The bond of George Preston as sheriff of St. Clair county filed with
the clerk of this court in vacation being duly Examined by the court
The amount of the Penalty and the sureties to said bond is by the
court deemed good and sufficient for the purposes required by law
and is by the court approved.
The State of Missouri – Pltff
vs
Napoleon B. Hill – Deft
Indictment for disturbing a Congregation met for religious worship
It is ordered by the court that an alias Execution Issue against
said Defendant with capias clause.
John L. Kline – Pltff
vs
W.P. Johnson & R.H. Sproull – Defts
Civil action
Now at this day comes the said Plaintiff and on his motion and by
leave of the court files herein his Petition And on further motion
of said Plaintiff It is ordered by the court that a writ of Summon
Issue against said Defendant returnable to the first day of the next
term of this court.
Ordered that court adjourn until tomorrow Morning 8 oclock.
Saturday Morning 8 oclock court met Pursuant to adjournment Present
as on yesterday.
The State of Missouri – Pltff
vs
William T. Matlock Etal – Defendants
Indictment for Gaming
Now at this day comes William T. Matlock as principal and John F.
Weidemeyer as his surety here into court and acknowledge themselves
Jointly and Severally Justly indebted to the State of Missouri in
the sum of one hundred dollars to be levied of their respective
goods and chattels lands and tenements to The use of said State to
be rendered void upon condition that the said William T. Matlock
shall personally appear before the Judge of the circuit court of St.
Clair county at the courthouse in the Town of Osceola on the first
day of the next term of said court to be begun and held on the fifth
Monday after the fourth Monday in March next to answer said
Indictment and not depart the court without Leave of the court.
Page 339:
November Term AD 1852
It is ordered by the court that William A. McClain and George W.
Taylor be permitted to Sign the roll of practicing attorneys in This
court.
Calvin Waldo, William Waldo, Avarilla Waldo, David Waldo, Jacob
Coonce and Lavina Coonce and William Waldo, Henry Waldo and Ludlena
Waldo Infants by Their Guardian Mary Waldo – Plaintiffs
Vs
Daniel Waldo, Joseph Waldo, Jedediah Waldo, Jacob Morgan and
Elizabeth Morgan, William Johnson and Olive Johnson and the children
of Isaac Waldo whose names are Jedediah W., Thadeus P. and Isaac C.
Waldo Infants – Defendants
Petition for Partition And Sherriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county,
Missouri and presents to the court a deed by him Executed as Such
Sheriff Conveying to Waldo P. Johnson all the right title interest
Estate and property of the above named Parties in and to the
following described real Estate to wit Lot No. 6 NW frl qr of
Section No. 3 in Township No. 39 of Range No. 24 containing 79
96/100 acres and the West half of the SW qr of Section No. 5 in
township No. 39 of Range No. 24 containing 80 acres and the SW frl
qr No. 11, of Section No. 3 in Township No. 39 of Range 24
containing 49 58/100 acres all situated in St. Clair county Missouri
And also Lot No. one in Block No. 16 in the city of Warsaw in Benton
county Missouri And the Said George Preston being personally known
to the Judge and court Executed said deed here in open court as
Sheriff as aforesaid acknowledges the Same to be his act and deed
for the purposes therein Specified.
William J. Terrill, Robert L. Terrill, and Martha A. Terril by their
Curator William H. Terrill and Samuel C. Longmyer, Sarah R. Longmyer
and Nancy S. Longmyer by their Curator Joseph Longmyer and Mary
Whitlow and Elvira Whitlow – Plaintiffs
Page 340:
November Term AD 1852
against
Elizabeth Y. Owsley, Edmund Sams, Thomas Foster & Orra Foster, John
Roberts & Rebecca Roberts, Anson B. Sams, Larkin Sams, Mitchell A.
Sams, Marinda Felmet & [space] Felmet, Caroline Motes & [space]
Motes, Joseph Sams, Zepheniah Sams, Burdit Sams, Samuel Smith, Orry
Smith, Haland Lucas, Martin Lucas, Robert Lear, Elizabeth Lear,
Nancy Gentry and William Culbertson – Defendants
Petition for Partition And Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county
Missouri and presents to the court a deed by him Executed as Such
Sheriff conveying to Waldo P. Johnson all the right title interest
Estate and property of the above named Parties in and to the
following described real Estate to wit Lot No. 6 in Block No. 14 and
Lot No. 10 in Block No. 35 Situated in the Town of Osceola in St.
Clair county Missouri And the said George Preston being personally
known to the court as the person who Executed said Deed as such
Sheriff Acknowledges the same in open court to be his act and deed
for the purposes therein Specified.
William Anderson, Margaret Anderson, Sarah Anderson, Rebecca
Anderson, Jane Anderson, Amanda Anderson and Middleton Anderson by
their Guardian James Anderson and James Anderson for himself –
Plaintiffs
against
John R. Whitley & Elizabeth Whitley and Andrew Hicks and Mary Hicks
– Defendants
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 conveying to James
Anderson all the rights title interest Estate and property of the
above named parties in & to the following real Estate to wit The SW
frl qr SOR, of Section No. one in Township No. 37 of Range No. 28
containing 58 30/100 acres The E ½ of the NE frl qr of Section No.
11 Township No. 37 of Range No. 28 containing 79 98/100 acres The E
½ SE qr of Section No. 12 in Township No. 37 Range No. 28 containing
75 68/100 acres The SE frl qr SOR of Section No. 6 Township No. 37
Range No. 27 containing 26 41/100 acres & the SW frl qr of Section
No. 6 Township No. 37 Range No. 37 containing 45 72/100 acres all
Situated in St. Clair County Missouri And the Said George Preston
being personally Known to the court as the person who Executed Said
Deed as such Sheriff here in open court acknowledges the same to be
his act and deed for the purposes therein Specified.
Page 341:
November Term AD 1852
William Anderson, Margaret Anderson, Sarah Anderson, Rebecca
Anderson, Jane Anderson, Amanda Anderson and Middleton Anderson by
their Guardian James Anderson and James Anderson for himself –
Plaintiffs
against
John R. Whitley & Elizabeth Whitley and Andrew Hicks & Mary Hicks –
Defendants
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 conveying to Joseph W.
Cox all the right title interest Estate & property of the above
named parties in and to the following real Estate to wit The West
half of the NW qr of Section No. 12 in Township No. 37 of Range No.
28 containing 78 22/100 acres Situated in St. Clair county, Missouri
And the said George Preston being personally Known to the court as
the person who executed said Deed as Such Sheriff Acknowledges the
same in open court to be his act and deed for the purpose therein
Specified.
William J. Terrell & others – Plffs
vs
Elizabeth Y. Owsley & others – Defts
Petition for Partition of Lands
Now at this day the clerk of this court presents to the court the
report of George Preston Shff of St. Clair county Showing the costs
which have accrued in The above cause amounting to the Sum of
Seventy three dollars twenty cents which being by the court Examined
as approved by the court and allowed and ordered to be filed.
William Anderson & others – Pltffs
vs
John R. Whitley & others – Defts
Petition for Partition of Lands
Now at this day the clerk of this court presents to the court the
report of George Preston Sheriff of St. Clair county showing the
costs which have accrued in the above cause amounting to #53.53 the
sum of fifty three dollars and fifty three cents which being
Examined by the court is by the court approved and allowed and
ordered to be filed.
Calvin Waldo & others – Pltffs
vs
Daniel Waldo & others – Defdts
Petition for Partition of Lands
Now at this day the clerk of this court presents to the court the
Report of George Preston Sheriff of St. Clair county Showing the
costs which have accrued in the above cause amounting to the sum of
$19.20 cents which being Examined by the court is by the court
approved and allowed and ordered to be filed.
Page 342:
November Term AD 1852
Ordered that court adjourn until court in cause. Waldo P. Johnson
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