 |
St. Clair County Circuit Court
Microfilm Transcripts
October Term 1846
Page 182:
October Term AD 1846
At a Circuit Court Commenced and held at the Court house in the Town
of Osceola in St. Clair County in the State of Missouri on Monday
the 12th day of October A.D. 1846.
Present Foster P. Wright Circuit Judge
Chas. A. Bullock Clerk
Zachariah Lilley Sheriff
The Sheriff of St. Clair County returned here into Court the Venira
for a grand inquest for the state of Missouri for the body of St.
Clair County from which were sworn and impannelled the following
named persons To Wit Hugh Hall foreman – Bennett Pitt, Randolph
Huntley, James Addington, Thomas N. Hendley, Moses Preston, Hezekiah
Thompson, Elijah S. Terry, Saml T. Weir, Uriah L. Sutherland, Isaac
Culbertson, Robert Anderson, Joseph Hurnden, Richard Crenshaw,
Harlen Hays, Wm. Whitley and Benjamin H. Moore 17 good and lawful
men who having received their Charge retired to Consider of their
presentments.
William L. Vaughan & Wm. H. Clark – plffs
vs
Luther Caton – Defendant
Debt and attachment
Now at this day Comes the plaintiffs by their Attorney and files
herein his aplication to the said Defendants second plea.
Edward H. Hubbard – Plff
vs
Warren C. Heath – Deft
Replevin
Now at this day come the plaintiff by his attorney and files herein
his motion to Cansel the replevin Bond in this Cause filed And to
file a new Bond and by Consent of the Defendant by his Attorney
leave is granted him and it is ordered that the same be filed on
Tomorrow.
The State of Missouri – Plff
vs
Henry Pollard – Deft
Indct for Keeping a Gaming house
Now at this day Comes the parties by their attornies and the
Defendant by his attorney for his plea in this behalf says he is not
Guilty in manner and form as charged in the Said Indictment – And
both parties being ready for trial Comes a Jury Towit James Carry,
John S. Wyatt, Wm. Moore, Albert Sheldon, David A. Bunch, Jno. C.
Greenwell, Joseph Culbertson, Richard B. Tuck,
Page 183:
October Term 1846
James Clarkson, John M. Abel, Andrew J. Krain, Lewis F. Reese 12
good and lawful men well and truly elected tried and sworn to try
the issue in this Cause Joined after hearing the evidence return
into Court and report that they Cannot and one of the Jury being
sick and unable to try said Cause the Jury are by the Court
discharged.
Abraham Stow – Plff & appellor
vs
Wm. Denson – Deft & appellant
Appeal
Now at this day Comes the parties by their attornies And on Motion
of the Defendant This Cause is Ordered to be dismissed – Therefore
it is Considered by the Court that the said defendant recover of the
Said Plaintiff his Costs and Charges in this behalf laid out and
Expended.
State of Missouri – Plff
vs
Albert Sheldon – Deft
Indct for not Keeping road district in repair
Now at this day Comes the parties by their attorneys and the said
Defendant for his plea in this behalf says he is not guilty as in
manner and form in charges against him in the said Indictment –
whereupon Came a Jury To Wit: Robert F. Gardner, Daniel Cline, John
Able, Wm. B. Wilkerson, Andrew Forest, John C. Greenwell, David A.
Bunch, Washington Whitton, Harry C. Douglass, James Curry, John J.
Wyatt and King Allen – 12 good and lawful men Elected tried and
sworn to try the issue in this Cause Joined – after hearing the
evidence returned into Court and reported that they Could not agree
– who are by the Court discharged.
Ordered that Court adjourn untill Tomorrow morning 8 of the Clock.
F.P. Wright
Tuesday morning 8 Oclock
Court met pursuant to adjournment
Present as on Yesterday
Page 184:
October Term AD 1846
Edward H. Hubbard – plff
vs
Warren C. Heath – Deft
Replevin
Now at this day Comes the plaintiff by his attorney and files herein
his Addition Bond – and the defendant by his attorney files herein
his motion to suppress the depositions in this cause Taken by the
said plaintiff which motion being seen and heard and fully
understood by the Court is by the Court Sustained – And the
plaintiff by his attorney files herein his motion for a Continuance
of this Cause And for good Cause shown this cause is ordered to be
Continued untill the next term of this Court at the plaintiffs
Costs.
State of Missouri – plff
vs
Henry Pollard – Deft
Indictment for Keeping gaming house
Now at this day Comes the parties by their attorneys & the defendant
for his plea in this behalf says he is not guilty in manner and form
as in the said indictment is alledged against him – And both parties
being ready for trial Comes a Jury Towit – John C. Greenwell,
Washington Whitton, Daniel Cline, Henry Reece, Wm. B. Wilkerson,
James D. Gray, James Curry, Hugh Barnett, John T. McClain, Wm. M.
Cox, Wm. J. Weir and John M. Able 12 good and lawful men Elected and
sworn well and truly to try the issue in this Cause Joined after
hearing the evidence and argument of Counsel returned here into
Court the following Verdict To Wit – We the Jury find the Defendant
guilty as Charged in the Indictment and fine him five Dollars
Therefore it is Considered by the Court that the said plaintiff
recover of the said defendant the sum of five Dollars for his fine
so assessed by the Jury as aforesaid together with his Costs and
Charges in this behalf laid out and Expended And that she have
thereof her writ of Execution.
State of Missouri – Plffs
vs
George Seeder – Deft
Indictment for bartering with an Indian for a gun
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
Indictment be dismissed and the said Defendant go hence thereof
without day.
Page 185:
October Term 1846
State of Missouri – Plff
vs
Samuel P. Hedges, Alexander Moore, Elkennah Cain & Robert Beale –
deft
Indct for Gaiming
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said Defendants Samuel P. Hedges,
Alexander Moore and Elkennah Cain in their own proper person and say
that they are guilty in manner and form as Charged in the said
indictment against them and submit their Cases to the Court
whereupon the Court doth fine them ten Dollars Each Therefore it is
Considered by the Court that the said plaintiffs recover of the said
defendants Saml P. Hedges, Alexander Moore and Elkennah Cain Each
the sum of ten Dollars so assessed as aforesaid – together with her
Costs and Charges in this behalf Laid out and Expended and that she
have thereof her writ of Execution and whereas it appears from the
return of the sheriff upon the Capias in this Cause issued that the
said defendant Robert K. Beale Cannot be found in St. Clair County –
upon motion of the Circuit attorney it is ordered that an Alias
Capias do issue directed to the Sheriff of Bates County against the
said Beale returnable to the next term of this Court untill which
time this Cause is Continued.
State of Missouri – plff
vs
Henry Pollard, Elkennah Cain, Joseph Barteaux & Gabriel Nash – Defts
Indct for Gaiming
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said defendants Henry Pollard,
Elkennah Cain and Joseph Burteaux who say they are guilty in manner
and form as in the said indictment is Charged against them and
submits their Cases to the Court – Whereupon the Court doth assess a
fine of ten dollars each Therefore it is Considered by the Court
that the said Plaintiff recover of the said Defendants Henry Pollard
and Elkennah Cain and Joseph Burteaux the Sum of ten Dollars each
together with her Costs and Charges in this behalf laid out and
Expended and that she have thereof her writ of Execution – and it
Appearing to the Court that the Capias in this cause issued could
not be served upon the said Defendant Gabriel Nash upon motion of
said Plaintiff by her attorney, it is ordered that an alias writ do
issue against said defendant
Page 186:
October Term 1846
Gabriel Nash directed to the Sheriff of St. Clair County returnable
to the next term of this Court, untill which time this Cause is
ordered to be Continued as to the said Defendant Gabriel Nash.
State of Missouri – Plff
vs
Elkennah Cain – Deft
Indct for Keeping Gaiming house
Now at this day Comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said Defendant and for his plea
says he is not guilty in manner and form as in the said indictment
against him is charged, and both parties being ready for trial Comes
a Jury Towit, William Harry, John S. Wyatt, Bector Jarnigan, Elijah
L. Harper, Wm. N. Houston, Andrew Foust, Hugh E. Weir, John C.
Greenwell, John Tally, Green Harper, Wm. Simons and David A. Bunch
12 good and lawful men Elected and sworn well and truly to try the
issue in this Cause after hearing the evidence and argument of
Counsel returned into Court and reported that they Could not agree
who were by the Court discharged.
The State of Missouri – Plff
vs
Benjamin K. Wilkerson – Deft
Indct for giving liquor to an Indian
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 ordered by the Court that this Cause be
dismissed and the Said defendant from his recognizance be discharged
And that he go Thereof Without day.
James Browder admr of the estate of Jonas Heath deceased – Plff
vs
James H. Lay admr of the estate of Peter Ashley deceased – Deft
Assumpsit
Now at this day Comes the parties by their attorneys and both
parties being ready for trial Comes a Jury To Wit, Reuben S. Nance,
Henry Reece, Warren C. Heath, Simeon Poston, David A. Bunch, John M.
Abel, Wm. McDaniel, Bennett Jones, Henry Pollard, George Reece,
Andrew Forest and John S. McConnell 12 good and lawful men Elected
and sworn well and truly to try the issues in this Cause Joined,
after hearing the Evidence and argument of Counsel returned here
into Court the following Verdict, “We the Jury find the plaintiff
and assess the damages at Seven hundred
Page 187:
October Term 1846
and Eighty Dollars” – Therefore it is considered by the Court that
the said plaintiff recover of the said Estate of Peter Ashley
deceased Defendant the sum of Seven Hundred and Eighty Dollars so
assessed by the Jury as aforesaid, together with his Costs and
Charges in this behalf laid out and Expended and that he have
thereof his writ of Execution.
Edward H. Hubbard
vs
[nothing else is written]
The State of Missouri – plff
vs
Albert Sheldon – Deft
Indct for not Keeping road district in repair
Now at this day again Comes the parties here unto Court and both
parties being ready for trial Comes A Jury To Wit: Bennett Pitt,
John S. McConnell, Thomas N. Hendley, Benjaman K. Wilkerson, Wm.
Kelso, Carlin Hays, John Amblin, Bennett Jones, Robert Anderson,
William Willett, Mordeca Hausborough And Henry Reece 12 good and
lawful men Elected and Sworn well and truly Elected tried and sworn
well and truly to try the issue in this Cause after hearing the
Evidence and arguments of Counsel returns here into Court the
following Verdict, We the Jury find the defendant not guilty as in
manner and form Charged in the indictment Therefore it is considered
by the Court that the said Defendant from his recognizance be
discharged, and that he go thereof without day.
Sidney C. Dean – Plff & appeller
vs
David L. Hamilton – Deft & appellant
Appeal
Now at this day Comes the parties by their attorneys And the
Plaintiff by his attorney files herein his motion for a Continuance
of this Cause and the said Defendant by his attorney agrees to said
Continuance at the said plaintiffs costs upon condition that the
said Plaintiff agree that the Depositions taken in the Cause by
either party shall be read in evidence without exception, to which
the said plaintiff agree – Therefore it is ordered by the Court that
this Cause be Continued untill the next term of this Court at the
said plaintiffs Costs.
Page 188:
October Term A.D. 1846
James Gardner
vs
Alborn D. Abston – dft
and Barnett Boner – garnisher
Inquiry of Damages upon Garnishment
Now at the day Comes the said plaintiff by his Attorney, and the
said defendant Abston and the said Garnisher being Solemnly Called
Comes not, but makes default, and whereas it appears to the Court
here that the said plaintiff ought to have and recover of the Said
garnisher Boner the sum of thirteen dollars & 94 ½ cents, on
occasion of the premises, And whereas it also manifestly appears to
the Court here that the said Abston is indebted to the Said Gardner
in the Said sum of thirteen dollars & 94 ½ cents and that the said
Boner is indebted to the said Abston in the sum of thirteen dollars
94 ½ Cents therefore it is Considered by the Court that the said
James Gardner have and recover from the Said Barnett Boner the said
sum of thirteen Dollars & 94 ½ cts and that he have execution
therefore the Indebtedness from the said Boner to the said Abston
being a note executed to A.B. Howard for the sum of Twenty five
Dollars being interest at the rates of ten per centum per annum
payable on demand and executed the 20th day of August AD 1844, and
transferred to the said Abston by the said Howard by delivery – and
it is further ordered that the Clerk enter a Credit on said note for
the Amount of this Judgment and that the said defendant Abston have
leave to withdraw the note.
Joseph W. Cox Admr of the Estate of Wm. McClanahan decd
vs
Sarah E. McClanahan mdon
Petition to set off Indct
Now at this day comes the said Joseph W. Cox administrator of the
Estate of said William McClanan deceased and filed here in court his
petition setting forth among other things that said Sarah E.
McCanahan widow of decd Wm. McClanahan deceased is intitled to
decree in the west ½ of the north west quarter of section No. 4 in
Township No. 37 & Range
Page 189:
October Term 1846
No. 25 containing 86 11/100 acres and the east ½ of the N.E. qr of
Section 25 of Township 37 & Range 25 west containing 81 87/100 acres
and the east half of the North West q4 of Section No. 4 Township 37
& Range 25 west containing 81 25/100 acres praying the assessment of
land, And the said petitioner having proved to the satisfaction of
the court here that he has given twenty days previous notice in
writing to said Sarah E. McClanahan of his intention Application to
this court for said assessment of dower in said order – and the said
Sarah E. McCanahan not appearing but herein makes default whereupon
it is ordered by the court that dower ought to be assessed of And
therefore the Court doth appoint Wm. C. Douglass, E.A. Browning and
Thomas F. Wright Commissioners to assign said Dower – And afluenced
on this day the said Commissioners came into court & make their
report setting forth that they do not think the land susceptible of
division without motion or injury.
The grand Jury returned here into Court a true bill against Joseph
Conly for selling liquors without license also a second Bill against
said Conley for selling liquors without license – and having no
further business before them and by the Court discharged.
Ordered that Court adjourn untill Tomorrow morning 9 Oclock.
F.P. Wright
Wednesday morning 9 Oclock
Court met pursuant to adjournment
Present as on Yesterday
Page 190:
October Term AD 1846
Henry Whitton – Appelant
vs
Elizabeth Y. Sams – Appeller
Appeal from the County Court on granting tellers of Administration
on the Estate of Burch A. Sams decd
Now at this day come the parties by their Attorneys and the said
Henry Whitton by his attorney files herein his motion suggesting a
determination of the Record and praying that the same may be
perfected, and upon further motion and by leave of the court
Withdraws the same – Whereupon both parties being ready for trial
this Cause is submitted to the Court – Whereupon the Court after
hearing the Evidence And mature deliberation thereon had doth order
that the order of the County Court Granting letters of
Administration on said estate to Elizabeth Y. Sams be affirmed –
Therefore it is Considered by the Court that the said Elizabeth Y.
Sams recover of the said Henry Whitton her Costs and Charges on this
behalf laid out and expended and that she have thereof her writ of
Execution.
Bank of the State of Missouri
vs
Thomas F. Wright, Wm. Brown and John C. Greenwell
Assumpsit
Now at this day Comes the parties by their attorneys And the
defendant by their attorney And by leave of the Court files herein
their plea of Non Assumpsit.
George Dixen admr. of the Estate of John Walters decd
vs
George Trotter
Appeal
Now at this day comes the parties by their attorneys 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 do find that the said Defendant is indebted to
the said plaintiff the sum of $31.62 cents for his debt and $31.65
for his damages by way of Interest, Therefore it is Considered by
the Court that the said plaintiff recover of the said Defendant the
aforesaid sums of $31.62 Cents for his debt And $31.65 for her
damages so assessed as aforesaid together with his Costs And Charges
in this behalf laid out and Expended and that he have Thereof his
writ of Execution.
Page 191:
October Term 1846
Bank of the State of Missouri – plff
vs
Thomas Piper – Deft
Assumpsit
Now at this day Comes the Plaintiff by his attorney and the
Defendant being Solemnly Called Comes not but makes default, and the
plaintiff by her attorney Suggests to the Court here that the debt
and damages in the said declaration mentioned have been since the
Commencement of this suit fully satisfied and paid off – Therefore
it is Considered by the Court that the said plaintiff recover of the
said defendant her costs and Charges in this behalf laid out and
expended and that she have thereof her writ of Execution.
Alexander Moore – plff
vs
Luther Caton – Deft
Debt & attachment
Now at this day comes the plaintiff by their attorneys and shows to
the court here that the Order of publication made at the last term
of this Court has been published according to law, and the said
Defendant being Solemnly Called comes not but makes default.
Whereupon the said return of the said plaintiff against the said
Defendant remains undefended And whereas it is suggested and proved
and manifestly appears to the court here that the said plaintiff
ought to recover against the said Defendant for debt the sum of
Seven Dollars and twenty five cents. Therefore it is considered by
the Court that the said plaintiff recover against the said defendant
the aforesaid sum of Seven dollars and twenty five cents so assessed
as aforesaid together with his costs and charges in this behalf laid
out and expended and that he have thereof his writ of Execution.
Alexander Moore
vs
Luther Caton
Debt And attachment
Now at this day comes the parties by their attorneys and both
parties being ready for trial this Cause is Submitted to the court
whereupon the Court after hearing the evidence doth find for the
plaintiff the sum of Seven Dollars and twenty five Cents for his
debt Therefore it is considered by the court that the Said plaintiff
recover of the said defendant the aforesaid Sum of Seven Dollars and
twenty five Cents So Assessed by the court as aforesaid together
with his costs and Charges in this behalf laid out and expended and
that he have thereof his writ of Execution.
Page 192:
October Term AD 1846
State of Missouri – plff
vs
Joseph Conley – Deft
Indct for dram Shop Keeping
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri And upon his motion it is ordered that a writ of
Capias issue against the said Defendant directed to the Sheriff of
St. Clair County, returnable to the next term of this Court, untill
which time this cause is ordered to be continued.
State of Missouri – plff
vs
Joseph Conley – Deft
Indct for dram shop Keeping
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri - And upon his motion it is ordered that a writ of
Capias issue against the Said Defendant directed to the Sheriff of
St. Clair County returnable to the next term of this Court untill
which time this cause is Ordered to be Continued.
Now at this day comes Zachariah Lilley Sheriff of St. Clair County
and tenders to the Court here his official Bond for approval, which
bond is by the Court Examined and approved and ordered to be filed.
Wm. H. Clark & Wm. L. Vaughn
vs
Luther Caton
Debt and Attachment
Now at this day comes the parties by their attorneys 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 doth find that the said Defendant is indebted
to the said plaintiffs the sum of twelve Dollars and thirty nine
Cents for his debt also the sum of four Dollars and Sixty Cents for
his damages by way of Interest – Therefore it is Considered by the
Court that the said Plaintiffs recover against the said defendants
the aforesaid sum of Twelve Dollars and thirty nine Cents for his
debt also the Sum of four Dollars and Sixty Cents for his Damages so
assessed as aforesaid together with his costs and charges in this
behalf laid out and Expended and that he have thereof his writ of
Execution.
David A. Bunch – plff
vs
Daniel Cline – Deft
Appeal
Page 193:
October Term AD 1846
Now at this day comes the parties by their attorneys, And the
defendant by his attorney files herein his motion for a Continuance
of This Cause, And for good cause shown to the Court it is ordered
that this cause be continued untill the next term of this court at
the said Defendants costs.
Ordered that all Causes and motions not otherwise disposed of be
continued untill the next term of this Court.
Ordered that Court adjourn untill Court in course.
F.P. Wright
Cir Judge
|
