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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1849
Page 228:
October Term AD 1849
At a Circuit Court Commenced and held at the Courthouse in the Town
of Osceola in St. Clair County Missouri on Monday the 29th day of
October AD 1849 –
Present Foster P. Wright Circuit Judge
Chas. P. Bullock Clerk
Zachariah Lilley Sheriff
Now at this day Comes Zachariah Lilley Sheriff of St. Clair County
and returns here into Court the venera for a grand inquest for the
State of Missouri from which was sworn the following named persons
To Wit Uriah S. Sutherland foreman, John T. Hammon, John Hopkons,
John C. Greenwell, Wm. Brown, Bennett Jones, James Ditty, James
Pace, James D. Gray, Wm. R. Cawthon, Washington Whitley, Isaac
Culbertson, Joshua Gates, Saml F. Weir and Dan’l W. Keith 15 good
and lawful Men who having rec’d their charge retired to Consider of
their presentments.
State of Missouri
vs
Saml P. Hodges, Henry Pollard, Elkennah Cain & Henry Harvey
Indc’t for Gaiming
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and says he will not further prosecute this Indc’t
against the Defendant, Saml P. Hodges – Therefore it is considered
by the Court that the said Defendant from the Indc’t aforesaid be
discharged and that he go hence thereof without Day.
State of Missouri
Vs
Saml P. Hodges, Henry Pollard, Elkennah Cain and Henry Harvey
Indc’t for Gaming
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri as well as the Defendants Elkennah Cain And Henry
Pollard – And the said Defendants Elkennah Cain and Henry Pollard
for their plea in this behalf Says they are guilty in Manner and
form as charged in said indictment, And for their trial throw
themselves upon the Mercy of the court – Whereupon the Court doth
find that the Said Defendants Elkennah Cain and Henry Pollard are
guilty in Manner and form as in Said indictment is Charged against
them and the Court doth assess a fine of Ten Dollars Each Therefore
it is Considered by the Court that the said
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October Term 1849
plaintiff recover of the said Defendants Elkennah Cain and Henry
Pollard the sum of Ten Dollars Each so assessed by the court as
aforesaid Together with her costs and charges in this behalf laid
out and Expended and that she have thereof her writ of Execution.
State of Missouri
Vs
Elkennah Cain, Spencer Corbin, David S. Corbin, James Corbin, Dabney
Dade, Wm. Gash, Jas. McMinn, Bertrand Weidemeyor, Henry Boatman,
Saml P. Hodges, E.B. Bunch, James Barr and William Anderson
Indc’t for disturbing a family in the night time
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 defendant Saml P. Hodges – Therefore it is
considered by the Court that the said Defendant Saml P. Hodges from
the said indictment be discharged and that he go hence thereof
without day – And the Said James Barr for his plea says he is guilty
in manner and form as charged against him in said indictment and for
his trial throws himself upon the Mercy of the Court – Whereupon the
Court doth find that the said Defendant James Barr is guilty in
Manner and form as Charged against him in said Indictment and the
Court doth assess a fine of One Dollar – Therefore it is considered
by the Court that the said Plff recover against the said Defendant
James Barr the sum of One Dollar 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.
Pleasant M. Cox & Zachariah Lilley
vs
William C. Douglass
Appeal
Now at this day Comes the parties by their attornies and on Mention
of the Defendant And by Consent of the plff this Cause is ordered to
be continued untill the next term of this Court at the Defendants
Costs.
William P. Burk
vs
Jesse Applegate
Appeal
Now at this day comes the parties by their attornies and both
parties being ready for trial come a Jury
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October Term AD 1849
To Wit: Harry C. Douglass, Stinsen S. Sterns, George W. McFarland,
John H. Sirnes, John W. Ritchey and Samuel Scott six good And lawful
Men well and truly Elected tried And sworn to try the issue in this
Cause Joined agreed upon by the Parties as a sufficient Jury –
returned into Court the following Verdict To Wit – We the Jury find
for the plaintiff and do assess the damages to Sixty One Dollars and
ninety Two Cents – Therefore it is Considered by the Court that the
said plaintiff recover against the said Defendant the Sum of Sixty
One Dollars & 92 cents for his Damages So Assessed As aforesaid
together with his costs and Charges in this behalf Expended and that
he have thereof his writ of Execution.
George W. Reese
vs
James Canedy
Appeal
Ordered that this Cause be continued untill the next term of this
court there being no notice of Appeal.
James M. Bush
vs
Wiley B. Myers
Petition in debt
Now at this day Comes the parties by their attorneys And upon their
Motion this Cause is ordered to be Continued untill the next term of
this court.
Ordered by the Court that all pleas to be filed at this term of the
Court be filed on Tomorrow Morning unless further time shall be
given.
B.P. Smith – plff
vs
Erastus Savage – Deft
Now at this day Comes the plaintiff by his attorney And it appearing
to the court that from the return of the Sheriff upon the writ in
this cause issued that the Said defendant Cannot be found, on Motion
of the plaintiff by his attorney, it is therefore ordered by the
Court that the said defendant be notified that a suit action by
petition on a note of hand has been
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October Term AD 1849
Commenced against him for the sum of Twelve Dollars and Interest,
that a writ of Attachment has been issued against him and his
property levied on to satisfy the same and that unless he be and
appear at the next term of this Court to begin and held at the Town
of Osceola in the County of St. Clair on the 5th Monday after the
fourth Monday in March 1850 – and plead to the action aforesaid
within three days after the first day of the said next term,
Judgment will be entered 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 news paper published in this state for four weeks
Successively the last insertion to be at least three weeks before
first day of the said next Term And this Cause is ordered to be
continued untill the next term of this Court.
Ordered that Court adjourn untill tomorrow 8 Oclock.
F.P. Wright
Tuesday Morning 8 Oclock Court met pursuant to adjournment
Present as on yesterday
Joseph Genthard – Plff
vs
George W. Short – Deft
Case on word
Now at this day comes the parties by their attornies and the
defendant by his counsel files herein his plea of not guilty.
The State of Missouri
vs
Elkennah Cain, Spenser Corbin, David S. Corbin, James Corbin, Dabney
Dade, Bertrand Weidemeyer, Henry Boatman, Saml P. Hodges, E.B.
Bunch, James Barr & Wm. Anderson
Indictment for disturbing family in the night time
Now at this Same comes the Circuit attorney who prosecutes for the
State of Missouri as well as the said defendants by their attorney
and the said defendants for their plea in this behalf say they are
not guilty in manner and form as charged against them in said
indictment And both parties being ready for trial comes a jury to
wit: Harland Hayes, William Duckworth, Uriah Cook, William D.
Wilkerson, George Casey, Joshua Dallas, John Hanie
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October Term AD 1849
William Morrison, Henry E. Moran, William A. Small, Henry Reese and
Nicholas Reese Twelve good and lawful men elected tried and sworn
Well and truly to try the issue in this Cause joined after hearing
the evidence and argument of Counsel returned into Court the
following verdict, We the jury find the defendants not guilty as
Charged against them in said indictment. Therefore it is considered
by the Court that the said defendants from their recognizance be
discharged and that they go thereof without day.
The grand jury returned here into Court The following Bills Four
Bills against Elkennah Cain for Dram Shop Keeping without License, a
true Bill against [space] for an assault with intent to Kill, And a
true bill against Richard Holstead & Saml P. Hedges for Gaming And
having no further business before them were by the Court discharged,
And it is ordered by the court that Capaias’ issue against the
defendants described to the Sheriff of St. Clair County returnable
to the next term of the Court at which time these causes are ordered
to be continued.
Alfred Wallace & Onissimous Evans
vs
James Wilson and others
Petition & Garnishment
On Motion of the plaintiffs this cause is ordered to be continued
until next term of the Court at their Costs.
The County of St. Clair
vs
William McDaniel & others
Be it remembered that on this day personally appeared Zachariah
Lilley Sheriff of St. Clair County in open Court And presents to the
Court here a deed by him executed James M. Brackenridge and Elisha
H. Bell for the North East quarter of Section Number Twenty five
Township Number Thirty seven in Range Number Twenty six who is Known
as the person whose name is subscribed to the said deed as having
executed the same for the purposes Therein mentioned and
acknowledged the same to be his act and deed.
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October Term AD 1849
State of Missouri
Vs
Elcanah Cain & others
Indictment for disturbing family in night time
It is ordered by the court That George W. Moore and John Weidemeyer
from the attachment against them as witnesses in this cause upon
their Paying the Costs of attachment be discharged.
Ira Ledbetter
vs
Jacob A. Browning
Petition in Debt
Now at this day comes the defendant by his attorney and by leave of
the court files herein his answer in the said plaintiffs petition.
Elisha A. Bell, Admr estate of N. Bell dec’d
vs
George Beale & others
Petition for partition of Lands
Now at this day comes the parties by their attornies and this Cause
Comes on for trial Whereupon the Court doth order that Joshua
Dallas, Moses Preston and U.S. Sutherland be appointed Commissioners
to make partition of the property in said petition mentioned And
ordered to report to the next term of this Court at which time this
cause is ordered to be continued.
Ira Ledbetter
vs
Jacob A. Browning
Petition in Debt
Now at this day Comes the Plaintiff and files herein his motion to
strike out a portion of the defendants answer which motion is
ordered to be continued untill next term of this Court.
Ordered that all Causes and motions not otherwise disposed of be
continued until next term of this court.
Ordered that the Court adjourn until the Court in Cause. F.P. Wright
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