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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1853
Page 380:
October Term AD 1853
At a circuit court begun and held at the courthouse in the Town of
Osceola within and for the county of St. Clair and State of Missouri
on Monday the 31st day of October AD 1853.
Present Hon. Waldo P. Johnson Judge
James W. Beck – Clerk
George Preston – Sheriff
Burr H. Emerson cir attorney
The Sheriff of St. Clair county returns into court here the venire
facias for a grand Jury together with the pannel of Jurors Summoned
by virtue thereof from which the following named persons were Sworn
to wit Simeon C. Bruce who was by the court appointed foreman,
Abraham Miller, Reuben S. Nance, Robert F. Gardner, Robert G.
Crockett, Isaac Culbertson, Robert A. Osborn, Joshua Dallas, Anthony
N. Hester, Joshua W. Ellis, Evan Lander, John G. Howard, John Tally,
Benjamin F. Snyder and John D. Sims Fifteen good and lawful men who
having been empanelled Sworn and charged retired to consider of
their presentments and indictments.
It is ordered by the court that James Burke who was summoned as a
grand Juror to this Term of this court be Excused for nonattendance
on account of his sickness and disability.
It is ordered by the court that William H.H. Davis be required to
appear at the next term of this court and show cause if
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October Term AD 1853
any he can why a fine Should not be assessed against him for failing
to attend as a grand Juror at this term of this court.
State of Missouri
vs
Andrew Baker
Change of venue from Hickory County
Indictment for Murder
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf, as well as the Defendant in his
own proper person, and thereupon the Circuit Attorney moves the
Court for a continuance of this cause and for good and sufficient
cause shown to the Court this cause is continued until the next Term
and thereupon comes the said Andrew Baker as principal and Enoch
Larkin, John Dollarhide, Anthony N. Hester, Aaron Trippett and B.L.
Dosier as his sureties and in open Court, acknowledge themselves
justly indebted to the State of Missouri, jointly and severally 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 Andrew Baker make his personal appearance
before the judge of this court at the Court House in the Town of
Osceola on the 5th Monday after the 4th Monday in March next, it
being the first day of the next Term of this court, and obey all
orders and abide the decision of the Court and not depart without
leave of the court.
State of Missouri
vs
James M. Nichols
Indictment for Murder
Change of Venue from Hickory County
Now at this day comes the Defendant in his own proper person as well
as by Atty and files his affidavit and motion for a continuance in
this cause, which motion is continued until tomorrow.
James T. Tays
vs
David Short
Civil Action
Now at this day comes the plaintiff by his attorney, and files his
replication to Defendants answer.
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October Term AD 1853
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and the said Defendant who had
entered into a recognizance before this court in open court at the
last Term thereof with William H. Otter his surety by which they
acknowledged themselves indebted to the State of Missouri in the sum
of Two Hundred and fifty dollars to be void upon condition that Said
Defendant made his personal appearance before the Judge of this
court at the courthouse in the Town of Osceola on this day and abide
the decision of the court and not depart the court without leave And
the said Abraham Fenly Jr. though three times Solemnly called this
day comes not and thereupon the circuit attorney moves the court for
a forfeiture of the said recognizance in this cause It is therefore
considered by the court that the recognizance in this case be
forfeited and upon motion of the circuit attorney aforesaid It is
ordered by the court That a writ of Scire facias be issued against
the said Defendant and the Said William H. Otter his surety as
aforesaid upon the Said recognizance requiring them to appear before
the Judge of this court on the first day of the next term thereof 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 Show cause if
any they have why a Judgment Should not be rendered against them for
the Sum of Two hundred and fifty dollars aforesaid.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 3
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and the said defendant who had
entered into a recognizance before this court in open court at the
last term thereof with William H. Otter his Surety by which they
acknowledged themselves indebted to the State of Missouri in the Sum
of Two hundred and fifty dollars to be void upon condition that said
defendant made his personal appearance before the Judge of this
court at the courthouse in the Town of Osceola on this day and abide
the decision of the court and not depart the court without leave And
the
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October Term AD 1853
Said Abraham Fenly Jr. was this day three times Solemnly called but
came not and thereupon the circuit attorney moves the court for a
forfeiture of the recognizance in this case It is therefore
considered by the court that the recognizance in this case be
forfeited And upon motion of the Said circuit attorney It is ordered
by the court that a writ of Scire facias be Issued against the said
Defendant and William H. Otter his surety aforesaid upon the
recognizance aforesaid requiring them to appear before the Judge of
this court on the first day of the next term thereof 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 Show cause if any they
have why a Judgment Should not be rendered against them for the Sum
of Two hundred and fifty dollars aforesaid.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and the said defendant who had
entered into a recognizance before this court in open court at the
last term thereof with William H. Otter his Surety by which they
acknowledged themselves indebted to the State of Missouri in the sum
of Two hundred and fifty dollars to be void on condition that said
Defendant made his personal appearance before the Judge of this
court at the court house in the Town of Osceola on this day and
abide the decision of the court and not depart the court without
leave And The said Abraham Fenly, Jr. was this day three times
Solemnly called but came not And thereupon the circuit attorney
moves the court for a forfeiture of the recognizance in this case It
is therefore considered by the court that the recognizance in this
case be forfeited And upon motion of the said circuit attorney It is
ordered by the court that a writ of Scire facias be Issued against
the said defendant and William H. Otter his surety aforesaid upon
recognizance aforesaid requiring them to appear before the Judge of
this court on the first day of the next term thereof 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 Show cause if any they
have why a Judgment Should not be rendered against them for the Sum
of Two hundred and fifty dollars aforesaid.
Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P.
Johnson
Tuesday morning November 1st 1853 court met pursuant to adjournment
Present as on yesterday.
John B. Borwn
vs
Louisa Dent admrx of the Estate of Henry Dent Dec’d
Appeal from St. Clair county court
Now at this day comes the said Plaintiff by his attorney and
presents to the court and files herein by leave of the court his new
bond for costs in this cause. And on motion of said Plaintiff for
good cause Shown this cause is by the court ordered to be continued
until the next term of this court And It is considered by the court
that the said Defendant recover against the said plaintiff her costs
in this behalf laid out and Expended at this term of this court.
Harry C. Douglass & Washington Whitlow
vs
Roderick D. McCullock
Attachment
Now at this day comes the said Plaintiffs by their attorney and
dismisses this cause And on motion of said Plaintiffs It is ordered
by the court that they have Leave to withdraw the instrument sued on
And It is further considered by the court that the said Defendant
recover against said Plaintiffs his costs in this behalf Laid out
and Expended and that Execution Issue therefor.
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October Term AD 1853
George T. White Exr of Mary F. Tompkins Dec’d
vs
Henry Pollard
Civil Action
Now at this day comes the parties by their attorneys And by
agreement of the parties by their attorneys It is ordered by the
court that this cause be continued until the next term of this
court.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And Shows to the court a Subpoena
duly Served on Israel W. Davis requiring him to appear before the
Judge of this court at this courthouse in the Town of Osceola on
yesterday to testify as a witness in this cause on the part of the
State of Missouri And to bring with him the record of the county
court of Polk County which contains the allowance made by said
county court to the said Abraham Fenly Jr. in 1851 & 1852 And he
having failed to appear or have before this court said Record on
Motion of the said circuit attorney It is ordered by the court that
a writ of attachment be Issued against the said Israel W. Davis to
be and appear before this court with the Said Record Forthwith and
further to answer for a contempt in and of attending in obedience to
said Summon.
Abraham Redfield
vs
Daniel Waldo
Attachment
Now at this day comes the said Plaintiff by his attorney Wm. A.
McClain and dismisses this cause and on his motion Leave is by this
court granted to said Plaintiff to withdraw the instrument sued on
And it is considered by the court that the said Defendant recover
against the Said Plaintiff his costs in this behalf Expended and
that Execution Issue therefor.
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October Term AD 1853
Robert P. Cocke
vs
John W. Beckley
Appeal from JP
Now at this day comes the said Defendant by his attorney and files
herein his motion to dismiss this cause.
State of Missouri
vs
Edward Mitchell
Indictment for selling Liquor without License in less quantity than
a Quart to Elisha Bridges
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person and being demanded of and concerning the
premises Says he is not guilty in manner as in said Indictment he is
charged and for his trial puts himself upon the country whereupon
comes a Jury to wit John T. McClain, William A. Small, Samuel P.
Hedges, James Boles, Francis Sproull, William Culbertson Sr.,
Stinson S. Stearns, James Rickey, Samuel B. Shryers, Joseph
Culbertson, Ira Ledbetter and Oliver H.P. Culbertson Twelve good and
Lawful men Elected tried and sworn well and truly to try the Issue
in this cause Joined who after hearing the evidence returned the
following verdict to wit “We the Jury find the defendant guilty as
in manner and form as charged in the Indictment and assess the fine
at Twenty dollars”
It is therefore considered by the court that the said Defendant make
his fine to the State of Missouri by the payment of the said sum of
Twenty dollars so assessed by the Jury as aforesaid together with
the costs in the behalf laid out and Expended And that Execution
Issue therefor and that said defendant render himself in Execution.
Jefferson B. Allgood
vs
Jacob V. Dale
civil action
Now at this day comes the said defendant And files herein his answer
to the said Plaintiffs Petition.
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October Term AD 1853
The State of Missouri
vs
Abraham Fenly Jr.
Indictment For Forgery No. 2
Now at this day comes the Said defendant Abraham Fenly Jr. in his
own proper person and also by attorney And files herein his motion
to set aside the forfeiture of his recognizance Entered on yesterday
in this cause.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 3
Now at this day comes the said Abraham Fenly Jr. in his own proper
person and also by attorney And files herein his motion to set aside
the forfeiture of his recognizance Entered on yesterday in this
cause.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
Now at this day comes the said Abraham Fenly Jr. in his own proper
person and also by attorney And files herein his motion to set aside
the forfeiture of his recognizance Entered on yesterday in this
cause.
Felix Hunton
vs
Warren Harm admr of the Estate of John H. Wentworth Dec’d
Civil act Change of venire from Cedar Co.
Now at this day comes the Parties by their attorneys and both
parties being ready for trial comes a Jury to wit William Foster,
Caleb B. Starkey, Stinson S. Stearns, Jacob V. Dale, and Jno. C.
Corbin, Joseph E. Corbin, Francis Sproull, Nicholas Bray, William T.
Matlock, Samuel T. Weir, Dabney A. Whitlow & Daniel Perrin Twelve
good and lawful men who having been Elected and Sworn well and truly
to try the Issue in this cause Joined after hearing the Evidence
Returned the following verdict to wit “We the Jury find for the
Plaintiff and assess his damages to Two hundred and forty dollars
and seventy five cents” It is therefore considered by the court that
the said Plaintiff recover
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October Term AD 1853
against the said Defendant as administrator of said Estate of the
said John H. Wentworth deceased the said Sum of $240 75/100 So found
by the Jury as aforesaid together with his costs in this behalf
Expended And that the same be certified to the probate court of
Cedar county Missouri.
Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P.
Johnson
Wednesday morning November 2nd 1853 court met pursuant to
adjournment Present as on yesterday.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 3
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Says he will not further
prosecute this cause It is therefore ordered by the court that this
cause is dismissed.
State of Missouri
vs
James M. Nichols
Indictment for Murder
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person in court And the Said Defendant by leave of
the court files herein his additional motion and affidavit for a
continuance in this cause which said Motion and affidavit being Seen
heard and fully understood by the court and also the arguments of
counsel being heard It is considered by the court that this cause be
continued until the first Monday in February Next at which said time
this court will hold a Special adjourned Session in continuation of
this present Term of this court.
Stinson S. Sterns
vs
William H. McCullock
Civil action
Now at this day comes again the parties here into
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October Term AD 1853
court and the Judgment of this Supreme court with appeal of said
cause and the Opinion of said Supreme court being filed in this
court whereby it appears that the Judgment of the court rendered at
the last Term of this court in said cause is reversed and a new
trial awarded It is therefore ordered by the court that Said cause
be Set for trial at the next regular term of this court.
Daniel R. Jones
vs
Wiley B. Myers
Civil action upon a Judgment
Now at this day comes the parties appearing by their attorneys and
both parties being ready for trial and neither party requiring a
Jury and this cause is Submitted to the court whereupon the court
after hearing the Evidence and the same coming in to be tried the
court doth find that Said Plaintiff did on said twentieth day of
March AD 1838 in the circuit court of Said Morgan County and State
of Illinois recover a Judgment against Said Defendant for the Sum of
one hundred and Twenty five dollars and Eleven cents debt and
Damages and that the Interest thereon amounts to the Sum of one
hundred and seventeen dollars and ten cents which Judgment and
interests amount to the Sum of Two hundred and forty two dollars and
Twenty one cents and which is Still due plaintiff It is therefore
considered by the court That Said Daniel R. Jones have and recover
against Said Wiley B. Myers the Said Sum of Two hundred and forty
two dollars and twenty one cents So assessed and found due as
aforesaid together with his costs and charges in this behalf laid
out and Expended And that he have thereof Execution And the opinion
of the court in accordance herewith filed herein.
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October Term AD 1853
William J. Terril & Others
vs
Elizabeth Y. Owsley & others
Petition for Partition and Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed conveying to Jonathan
Culbertson all the right title interest Estate and property of the
Parties to the above Entitled cause in and to the west half of the
South West quarter of Section No. 36 in Township No. 37 of Range No.
25 containing 80 acres in St. Clair county Missouri. And the said
George Preston here in open court acknowledges the same to be his
act and deed as Such Sheriff for the purposes therein considered.
William Allen
vs
Henry Pollard
Appeal from JP
Now at this day comes the parties by their attorneys and on motion
of the Said defendant and for good cause Shown It is ordered by the
court that this cause be continued until the next regular Term of
this court at the said Defendants cost.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 1
Now at this day comes here into court William H. Newland, Benjamin
C. Mitchell and William Houston witnesses on the part of the State
in said cause and acknowledge themselves severally 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 be
rendered void upon condition that the y appear before the Judge of
this court at the courthouse in the Town of Osceola on the first day
of the next Term of this court which commences on the fifth Monday
after the fourth Monday in March next to give Evidence in said cause
and not depart without leave of the court.
Jesse Ridgeway
vs
Peter B. Cockerell & Francis Sproull
Civil action
Now at this day comes
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October Term AD 1853
said Parties by their attorneys and the said Defendants files herein
their motion and affidavit for a continuance in this cause which
being seen and heard by the court It is ordered by the court that
this cause be continued until the Second day of the special
adjourned Term of this court to be begun and held on the first
Monday in February next And It is further considered by the court
that the said Plaintiff have and recover against said defendants his
costs Expended this Term of this court and that Execution issue
therefore.
The State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Defendant in
his own proper person and also by attorney and on Motion of the Said
circuit attorney and for good cause Shown It is ordered by the court
that this cause be continued until the next regular term of this
court.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri as well as the Said Defendant in his own proper
person and also by attorney And on motion of the Said circuit
attorney and for good cause Shown It is ordered by the court that
this cause be continued until the next Regular Term of this court.
State of Missouri
Vs
Abraham Fenly Jr.
Indictment for Forgery No. 4
Now at this day come the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said defendant in
his own proper person and also by attorney And on motion of the said
circuit attorney and for good cause Shown It is ordered by the court
that this cause be continued until the next regular term of this
court.
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October Term AD 1853
Daniel P. Morgan
vs
John B. Cox
Civil action for damages
Now at this day comes the said Parties by their attorneys and both
parties being ready for trial comes a Jury to wit Josiah Culbertson,
Samuel B. Shryers, Calvin Gardner, Enoch Lester, Jesse Ridgeway,
Hugh Graham, William E. Swearingon, Samuel T. Weir and Thomas C.
Bradley nine good and Lawful men accepted and agreed upon by the
parties as a Sufficient Jury to try this cause who been Elected and
Sworn well and truly to try the Issue in this cause Joined who after
hearing the Evidence and having been out a reasonable length of time
returns into court and reports to the court that they cannot agree
on a verdict in this cause where upon It is ordered by the court
that the Jury be adjourned until tomorrow morning 9 Oclock and the
usual charge was given to the Jury by the court.
Ordered that court adjourn until tomorrow Morning 8 oclock. Waldo P.
Johnson Cir Judge
Thursday morning November 3rd 1853 court met pursuant to adjournment
Present as on yesterday.
Calvin Waldo and others
vs
Daniel Waldo and others
Petition for Partition and Sheriffs deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed conveying to the heirs
of William H. Small Deceased all the right title and Interest &
Estate & property of the Parties to the above entitled cause in and
to the NE qr of the NW qr of Section No. Two township No. 39 of
Range NO. 24 containing 40 acres in St. Clair county Missouri And
here in open court acknowledges the same to be his act and deed for
the purposes therein contained.
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October Term AD 1853
Calvin Waldo & others
vs
Daniel Waldo & others
Petition for Partition and Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed as such Sheriff
conveying to Thomas F. Wright all the right title interest Estate
and property of the Parties to the above entitled cause in and to
the following real Estate to wit: Lot No. 2 NW frl qr “NOR” of
Section No. 5 in Township No. 39 of Range No. 24 containing 77
80/100 acres in St. Clair county Missouri And here in open court
acknowledges the Same to be his act and deed for the purposes
therein contained.
State of Missouri
vs
Abasha Starky & John Starky
on Recognizance
Now at this day comes the Circuit attorney who prosecutes for the
State of Missouri and presents to the court the recognizance of the
said Abasha Starkey who had Entered into said recognizance with the
said John Starkey his Surety by which they acknowledge themselves
indebted to the State of Missouri in the Sum of Two hundred and
fifty dollars to be void upon condition that the Said Abasha Starky
made his personal appearance before Robert F. Gardner a Justice of
the peace within and for the county of St. Clair & state of Missouri
at the house of said Robert F. Gardner in said county on the 15th
day of April 1853 and answer to a charge of Assault and battery And
It appearing to the court from the certificate of said Justice of
the peace that the said Abasha Starky failed to make his personal
appearance before said Justice on said 15th day of April 1853 and
answer said charge And thereupon the Said circuit attorney moves the
court for a forfeiture of the recognizance in this cause It is
therefore considered by the court that the Recognizance in Said
cause be forfeited And upon Motion of the Said circuit Attorney it
is ordered by the court that a writ of Scire facias be issued
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October Term AD 1853
against the said Abasha Starky and John Starky his surety aforesaid
upon the recognizance above Said requiring them to appear before the
Judge of this court on the first day of the next term thereof which
commences on the 5th Monday after the 4th Monday in March next and
Show cause if any they have why a Judgment should not be rendered
against them for the said sum of Two hundred and fifty dollars.
Daniel P. Morgan
vs
John B. Cox
Civil action for Damages
Now at this day comes again the said Parties by their attorneys and
the Jury sworn to try the Issue in this cause Joined having been out
a reasonable length of time again returns and reports to the court
that they cannot agree on a verdict in this cause It is therefor
ordered by the court that the Said Jury be discharged And further
ordered that this cause be continued until the next regular term of
this court.
Daniel R. Jones
vs
Wiley B. Myers
civil action on Judgment
Now at this day comes again the Said defendant by his attorney and
files herein his Motion for a new trial in this cause which said
Motion being Seen heard and fully understood by the court is by the
court overruled. And thereafter the Said defendant files herein his
motion to arrest the Judgment rendered by this court in this cause
on yesterday which said motion being Seen heard and fully understood
by the court is by the court overruled whereupon the said defendant
Excepts to the decision of the court and presents to the court his
bill of Exceptions which was signed by the Judge and filed herein.
It is ordered by the court that all answers motions and other
Pleading be filed by 12 oclock today.
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October Term AD 1853
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 1
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person as principal and William H. Otter as his
Surety and here in open court acknowledge themselves Jointly and
Severally Justly indebted to the State of Missouri in the Sum of
Three hundred and fifty dollars to be levied of their respective
goods and chattels Lands and Tenements to be rendered void upon
condition that the said Abraham Fenly Jr. Shall make his personal
appearance before the Judge of this court at the courthouse in the
Town of Osceola on the first day of the next term thereof which
commences on the 5th Monday after the 4th Monday in March next And
then and there abide the decision of the court in said cause and not
depart without leave of the court.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Abraham Fenly
Jr. in his own proper person as principal and William H. Otter his
Surety and here in open court acknowledge themselves Jointly and
severally Justly indebted to the State of Missouri in the Sum of
Three hundred and fifty dollars to be levied of their respective
goods and chattels Lands and tenements to be rendered void upon
condition that the said Abraham Fenly Jr. Shall make his personal
appearance before the Judge of this court at the courthouse in the
Town of Osceola on the first day of the next Term thereof which
commences on the 5th Monday after the 4th Monday in March next and
obey all orders and abide the decision of the court and not depart
without Leave of the court.
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October Term AD 1853
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 4
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said defendant in
his own proper person as principal and William H. Otter his Surety
who here in open court acknowledge themselves jointly and severally
Justly indebted to the State of Missouri in the sum of Three hundred
and fifty dollars to be levied of Their respective goods and
chattels lands and tenements to be rendered void upon condition that
the said Abraham Fenly Jr. Shall make his personal appearance before
the Judge of this court at the courthouse in the Town of Osceola on
the first day of the next term thereof which commences on the fifth
Monday of the fourth Monday in March next and obey all orders and
abide the decision of the court in Said cause and not depart the
court without leave of the court.
John Curry
vs
Daniel W. Keith & Jacob A. Browning
civil action
Now at this day comes the Said Parties by their attorneys and on
motion of Said Defendant Browning Leave is granted them to file his
answer to the said Plaintiffs Petition at the Special adjourned
Session of this court to be begun and held on the first Monday in
February next.
Ann Looney & others
vs
William G. Looney & others
Petition for Partition and Sheriffs deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed as such Sheriff
conveying to Robert Hopkins all the right title interest Estate and
property of the Parties to the above Entitled cause in and to the E
½ of the SW qr of Section No. 14 in Township No. 39 of Range No. 24
containing 80 acres in St. Clair county Missouri And in open court
acknowledges the Same to be his act and deed for the uses and
purposes therein specified.
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October Term AD 1853
William J. Terrill & others
vs
Elizabeth Y. Owsley & others
Petition for Partition and Sheriffs Deed
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed as such Sheriff
conveying to Charles M. Allen all the right title interest Estate
and property of the parties to the above Entitled cause in and to
the following described real Estate to wit: The East half of the
South East qr and the South West qr of the SE qr of Section No. 35
in Township 37 of Range 25 and the South East qr of Section No. 2 in
Township 36 Range 25 in St. Clair county Missouri: And in open court
acknowledges the Same to be his act and deed as Such Sheriff for the
uses and purposes therein Specified.
William J. Terrill & others
vs
Elizabeth Y. Owsley & others
Petition for Partition
Now at this day comes George Preston Sheriff of St. Clair county and
presents to the court a deed by him Executed conveying to Isaac
Culbertson all the right title Interest Estate and property of the
Parties to the above entitled cause in and to the W half of the SW
qr of Section No. 1 in Township No. 36 of Range No. 25 in St. Clair
county Missouri And here in open court acknowledges the same to be
his act and deed as such sheriff for the uses and purposes therein
Specified.
William G. Clayton
vs
Tandy K. Kidd
Civil action change of venue from Barry circuit court
Now at this day comes the said Parties by their attorneys and the
said defendant by leave of the court files herein his motion to
suppress depositions taken by the Said Plaintiff in this cause And
also his motion to dismiss this cause for want of Jurisdiction of
this court which said last mentioned Motion being seen heard and
fully understood by the court is by the court overruled whereupon
the Said Defendant Excepts to the decision of the court in
overruling said motion And the said defendant
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October Term AD 1853
thereupon by leave of the court files herein his Petition and Motion
for an order to be Examined the Said Plaintiff on interroggatories
and also his amendment to his answer to the said Plaintiffs Petition
whereupon the said Plaintiff moves the court to Strike out Said
Petition and amendment to said Defendants answer.
The grand Jury of St. Clair county Missouri Returns here in to court
and by their Foreman Presents the following bills of indictment To
wit
State of Missouri vs Jesse Fentress
Indictment for failing to Keep road in repairs
State of Missouri vs Samuel Wyatt
Indictment for failing to put up Finger board
State of Missouri vs Thomas Copenhaver
Indictment for failing to put up finger board
State of Missouri vs Simeon Drake
Indictment for selling Distilled Liquor on Sunday
State of Missouri vs Tatton T. Barnes
Indictment for Dealing with Slave
State of Missouri vs Alcana Cane; Robert Sproull; Stinson S. Stearns
& William N. Houston
Indictment for gaming
State of Missouri vs Stinson S. Stearns
Indictment for permitting gaming in his house
State of Missouri vs Toliver T. Earnest
Indictment for setting up vending
Page 399:
October Term AD 1853
State of Missouri vs John Wright
Indictment for setting up vending
And having no further business before them were by the court
discharged And it is ordered by the court that Capias’s Issue on all
indictments found at this Term of this court directed to the Sheriff
of proper county.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 2
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person and also by attorney and the Motion filed by
said defendant on Tuesday last to Set aside the forfeiture of his
recognizance in this cause coming on to be heard which Said Motion
being seen heard and fully understood by the court is Sustained by
the court It is further ordered by the court that the forfeiture of
said recognizance Entered on Monday last be Set aside and Stand for
naught.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 3
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Defendant in
his own proper person and also by attorney and the Motion filed by
Said defendant on Tuesday last to Set aside the forfeiture of his
recognizance in this cause Coming on to be heard and the 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 forfeiture
of said recognizance Entered on Monday last be set aside and Stand
for naught.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 4
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the said Defendant in
his own proper person and also by attorney and the Motion
Page 400:
October Term AD 1853
filed by said defendant on Tuesday last to set aside the forfeiture
of his recognizance in this cause coming on to be heard and said
motion being Seen heard and fully understood by the court is by the
court Sustained It is therefore ordered by the court that the
forfeiture of said recognizance entered on Monday last be Set aside
and Stand for naught.
David C. Bunch
vs
Jesse Looney
Appeal from JP
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 and after hearing the evidence
this cause is taken under advisement by the court until tomorrow.
Ordered that court adjourn until tomorrow morning 8 oclock. Waldo P.
Johnson
Friday morning November 4th 1853 court met Pursuant to adjournment
Present as on yesterday.
William W. Ritchey, Aurelius B. Harris, Marcellus J. Harris & Uriah
L. Sutherland Executors of Samuel W. Harris Dec’d
vs
Charles P. Bullock & David S. Corbin
Civil action
Now at this day comes the said Plaintiffs by their attorney and the
Said defendants though three times Solemnly called comes not
whereupon on motion of said Plaintiffs this cause is by the court
ordered to be dismissed as to the said Defendant Charles P. Bullock
And it appearing to the court from the Sheriffs return that the Said
David S. Corbin has been duly Served with process in this cause by
copy more than twenty days previous to the first day of this term
And the said Plaintiffs demanding a trial and there being no answer
or to the said Plaintiffs Petition whereby the said action remains
against the Said David S. Corbin undefended wherefore the said
Plaintiffs ought to recover against the said defendant David S.
Corbin their debt on occasion of the premises And because it is
proven and manifestly appears to the court
Page 401:
October Term AD 1853
from the note sued on that Said Plaintiffs ought to recover against
Said Defendant Corbin the Sum of one hundred & fifty seven Dollars
for their debt and also the Sum of Twenty seven Dollars & fifty six
cents for their damages by way of Interest which is found due by the
court It is therefore considered by the court that Said Plaintiffs
recover against said Defendant David S. Corbin the sum of one
hundred & Eighty four Dollars & fifty six cents for their debt and
damages so found by the court as aforesaid together with their costs
in this behalf and that Execution Issue therefor.
Mary Jane Elliott by her next Friend Alexander Hoover
against
Richard R. Elliott
On Petition for a Divorce
Now at this day comes Again the plaintiff here into court and the
defendant being three times called Solemnly called comes not but
makes default and it being proved to the court here that the notice
to Said defendant required by the writ of this court at the last
term has been published according to the Order of Said court giving
to Said defendants notice of the commencement of the Suit and the
object thereof and the defendant failing to appear at the present
term of this court And no answer having been filed to Said petition
whereby the Same remains undefended and it being proved to the court
the court doth find that Said defendant did willfully desert Said
plaintiff and has willfully absented himself from Said plaintiff for
the space of more than Two years next before the commencement of
this Suit and that the other Allegations in said petition are true
and that the plaintiff is the innocent and Injured party Now
therefore it is Considered by the court here that the bonds of
matrimony heretofore existing between Said plaintiff & Defendant be
forever dissolved and held for naught and in every respect annulled
and the said plaintiff be forever separate from Said defendant and
that both parties be allowed to marry again as Single persons and
the plaintiff have and recover of said defendant her costs in this
behalf laid out and expended and that She have thereof her Execution
and The opinion of the court is filed herein.
Page 402:
October Term AD 1853
Lorenzo E. Dickey – Plaintiff
against
Mary W. Dickey – Defendant
Civil action for Divorce
Now at this day comes the plaintiff by his attorney and the
Defendant though Solemnly called three times comes not but makes
default and it appearing to the court by the return of the Sheriff
that the Defendant had been served with a copy of the petition and
writ in the case more than twenty days before the commencement of
the term of the court and no answer being filed the case remains
undefended and the plaintiff not requiring a jury the case is
Submitted to the court and it being proved to the satisfaction of
the court that Defendant had suffered Such indignities to the
Plaintiff as to render her condition intolerable. It is therefore
considered by the court from the facts proved as aforesaid that the
bonds of Matrimony heretofore Solemnized between the plaintiff and
defendant be forever dissolved set aside and held for naught that
each be permitted to marry again and be restored to all the rights &
privileges of Single persons and the opinion of the court in this
cause is filed herein.
William G. Clayton
vs
Tandy K. Kidd
Civil action on change of venue from Barry county
Now at this day comes Again the Said Parties by their attorneys and
the motion filed by the Defendant on Yesterday to Examine plaintiff
on Interrogations and the motion of Said plaintiff to Strike the
Same out comming on to be heard the court overruled Said plaintiffs
motion and Said court upon the hearing of Said defendants Motion to
Examine Said plaintiff answer the Same by the first Monday in
February next and Said plaintiffs Motion to strike out the answer of
said defendant filed at the present term of this court was sustained
by the court to Which Defendant Counsel Excepted and the Said
defendants motion to Suppress deppositions of Said plaintiff the
court overruled because Said Motions & Exceptions to Said
Depositions have not been taken in time to which Defendants Counsel
Excepted.
Page 403:
October Term AD 1853
David A. Bunch
vs
Jesse Looney
Appeal from Justices court
Now at this day comes again the Parties by their attorneys And Said
Plaintiff on his motion dismisses this Suit. And on further motion
Leave is granted him t withdraw the instrument Sued on. It is
therefore considered by the court that the Said Defendant recover
against the Said Plaintiff has costs in this behalf Laid out and
Expended and that he have his writ of Execution therefor.
It is ordered by the court that David C. Ballou be appointed circuit
attorney protem on account of the absence of Burr H. Emerson Circuit
attorney.
William W. Ritchey, Aurelius B. Harris, Marcellus J. Harris & Uriah
L. Sutherland Executors of Samuel W. Harris Deceased
vs
Aquilla C. Pritchard
Civil action
Now at this day comes the said Plaintiffs by their attorney and the
said Defendant though Solemnly called comes not but makes default
And it appearing to the court from the Return of the Sheriff that
Said defendant has been duly Served with process in this cause more
than Twenty days previous to the first day of this Term of this
court by copy And Said Plaintiffs demanding a trial and there being
no answer to the Said Plaintiffs petition whereby the Said action
remains against the Said defendant undefended And this action being
founded solely upon a promissory note Executed by said defendant
payable to the Said Samuel W. Harris Deceased for the direct payment
of money and It appearing to the court from said note and other
proof that Said Defendant remains and is Justly indebted to Said
Plaintiff in the sum of One hundred and Seventy nine dollars and
Eighty three cents on said note. It is therefore considered by the
court that the Said Plaintiffs recover against the Said Defendant
the Said Sums of $179. 83/100 So found by the court as aforesaid
together with their costs in this behalf and that Execution Issue
therefor.
The Sheriff of St. Clair county presents to the court his Report of
Fines collected by him since last report which is by the court
ordered to be filed & certified to the County court.
Page 404:
October Term AD 1853
The county of St. Clair for the use and benefit of the inhabitants
of School Township No. 2 composed of Congressional Township No. 39
of Range 25
vs
John T. Hammond & Hugh Barnett
Now at this day comes the Said Plaintiff by her attorney and the
Said Defendants, though Solemnly called comes not but makes default.
Whereby Said action remains against Said Defendants undefended And
It appearing to the satisfaction of the court that Said Defendants
have been duly & Legally notified of this action and it appearing to
the court by the bond Sued on that Said Defendants are Justly
indebted to the said Plaintiff in the Sum of one hundred and three
dollars and fifty cents the amount of the Principal and interest on
Said bond. It is therefore considered by the court that Said
Plaintiff recover against Said Defendants the Said Sum of $103. &
50/100 so found by the court as aforesaid together with her costs in
this behalf and that Execution Issue thereor.
Richard Coonce – Plaintiffs
vs
Edward C. Davis, William F. Willot, Charles H. Yeater, Stinson S.
Stearns, William W. Ritchey, Aurelius B. Harris, Marcellus J. Harris
& Uriah L. Sutherland Executors of the last will and Testament of
Samuel W. Harris Deceased – Defendants
Civil action
Now at this day comes the Said Plaintiff by his attorney William A.
McClain and on his motion this suit is ordered to be dismissed as
against William W. Ritchey and Aurelius B. Harris two of the above
named defendants And the Said Edward C. Davis being in court by his
attorney William J. Mays and the Said defendants William F. Willot,
Charles H. Yeater, Stinson S. Stearns and Marcellus J. Harris &
Uriah L. Sutherland though Solemnly called comes not but makes
default and there being no answer to the Said Plaintiffs Petition
whereby the Said action remains against the Said Defendants
undefended, wherefore Said Plaintiff ought to Recover against Said
defendants his debt on occasion of the premises And it appearing to
the court from the note Sued on that Said defendants are Justly
indebted to the Said Plaintiff in the Sum of Three hundred and Sixty
dollars & five cents which Said amount is found due by the court on
said note.
Page 405:
October Term AD 1853
It is therefore considered by the court that the said Plaintiff
Recover against the Said Defendants Edward C. Davis, William F.
Willett, Charles H. Yeater & Stinson S. Stearns and Marcellus J.
Harris and Uriah L. Sutherland as Executors of the last will and
Testament of Samuel W. Harris Deceased the Said Sum of $360. & .5
cents So found by the court as aforesaid together with his costs in
this behalf Expended and that Execution Issue therefor.
It is ordered by the court that all businesses not otherwise
disposed of during this present Term of this court Stand continued
until the Special Term of this court to be begun and held on the
first Monday in February next.
It is ordered by the court that when court adjourns this day It will
adjourn until the First Monday in February next.
The clerk of this court brings into court the Exception Docket which
being Examined by the court is by the court found correct.
Ordered that court adjourn until the First Monday in February next.
W.P. Johnson Cir Judge
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