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St. Clair County Circuit Court
Microfilm Transcripts
October Term 1854
Page 434:
October Term AD 1854
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 30th day of October AD 1854 De Witt C. Ballou
Presented his commission as Judge of said court
Present
De Witt C. Ballou Judge
James W. Beck clerk
Daniel P. Morgan Sheriff
Page 435:
October Term AD 1854
The venire facias for a grand Jury together with the pannel of
Jurors endorsed thereon from which the following named persons were
Sworn To wit: William C. Douglass who was by the court appointed
foreman of the Grand Jury, James Dudley, John B. Todd, Bennet Pitt,
Jefferson Cummins, Harvey G.Harper, George W. Hopkins, William F.
Givens, Thomas Walton, Daniel P. Todd, Uriah L. Sutherland, Simeon
A. Bruce, Lemuel R. Oaks, John J.C. Woolf and Joshua Rickman fifteen
good and Lawful men who being Empannelled and charged retired to
consider of their presentments and Indictments.
James M. Gilliam Etal
vs
Johnathan W. Gilliam Etal
Now at this day comes the Said plaintiffs by their attorneys and by
leave of the court files herein their amended Petition praying the
court to make an order and decree for the Sale of an infant Slave
child of Dilcey born Since the decree rendered by this court at its
last term for the Sale of the real Estate and Slaves belonging to
Said parties Whereupon at it is Ordered adjudged and decreed by the
court that Said decree be So amended as to authorize the sale of
Said Infant Slave at the time and upon the same Terms as the other
Slaves named in said decree.
It is Ordered by the court that James E. Story, Jacob Coonce and
Wiley B. Myers be required to appear at the next Term of this court
and Show cause if any they can for failing to appear as Grand Jurors
at this Term of this court in obedience to the Summon Served on
them.
It is ordered by the court that Jacob Coonce who appears and give
Satisfactory Excuse be Excused for failing to appear as a member of
the Grand Jury this morning & discharged.
Page 436:
October Term AD 1854
James M. Gilliam Etal
vs
Elizabeth W. Gilliam Etal
Now at this day comes Elizabeth W. Gilliam by her attorney and by
leave of the court files herein her motion to Set aside the Order
and decree rendered by this court at its last term for the Sale of
the real Estate and Slaves belonging to Said parties which Said
motion was by the court overruled.
James E. Story appears and upon Satisfactory Excuse is by the court
Excused for failing to attend as a grand Juror and discharged.
Jesse Hill comes into court here and by his attorney by leave of the
court files herein his bill of Exceptions.
State of Missouri
vs
John Wright
Indictment for Venture
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 Indictment against Said defendant It is therefore
Ordered by the court that the said defendant from his recognizance
be discharged and that he go hence thereof without day.
State of Missouri
vs
Henry J. Speed
Indictment for obstructing road
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 Indictment against Said defendant It is therefore
Ordered by the court that the said defendant from his recognizance
be discharged and that he go hence thereof without day.
State of Missouri
vs
Jesse D. Fentress
Indictment for failing to Keep Road in repair
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf And suggests the death of said
defendant
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October Term AD 1854
And says he will not further prosecute this Indictment. whereupon It
is ordered by the court that the recognizance in this case filed be
discharged.
State of Missouri
vs
William Howell & Minerva Uhles
Indictment for open and Notorious adultery
Now at this day comes the Said circuit attorney who prosecutes for
the State of Missouri as well as the said defendants in their own
proper persons and Said defendants files herein their affidavit for
a continuance in this cause whereupon for good cause shown It is
ordered by the court that this cause be continued until the next
term of this court and the witnesses on the part of the State being
Jane Atterberry and Polley Tousey were by the court notified to
attend at the next Term of this court.
State of Missouri
vs
William Uhles
Indictment for Bigamy
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 on motion of Said defendant and with the consent of said
circuit attorney It is ordered by the court that this cause be
continued until the next term of this court And William Walker as
witness on the part of the State was by the court notified to attend
at the next term of this court.
State of Missouri
vs
Minerva Uhles
Indictment for Bigamy
Now at this day comes the said circuit attorney who prosecutes for
the State of Missouri in this behalf as well as the said defendant
in her own proper person and on Motion of said defendant And with
the consent of said circuit attorney It is ordered by the court That
this cause be continued until the next term of this court And Isam
B. Hastins a witness on the part of the State was by the court
Notified to attend the next term of this court.
Page 438:
October Term AD 1854
Jefferson B. Allgood
vs
Jacob V. Dale
Civil action
Now at this day comes the said parties by their attorneys and
consented and agreed That this cause may be tried by this court
Notwithstanding the Judge of this court has been Counsel in said
cause for said Plaintiff.
Ordered that court adjourn until tomorrow morning 8 Oclock. De Witt
C. Ballou Circuit Judge
Tuesday morning October 31st 1854 court met pursuant to adjournment
Present as on yesterday. De Witt C. Ballou Circuit Judge
Daniel P. Morgan
vs
John B. Cox
Civil Action
Now at this day comes the said parties by their attorneys and
consents and agrees that this cause may be tried by this court
notwithstanding the Judge of this court has been counsel in said
cause for said Plaintiff.
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 the Judge of this court having been
counsel in this cause for said Defendant for that reason the court
doth award a change of venue in this cause to the circuit court of
Dade County in the county of Dade and State of Missouri in the
thirteenth Judicial circuit.
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
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October Term AD 1854
in his own proper person And the Judge of this court having been
counsel in this cause for said defendant for that reason the court
doth award a change of venue in this cause to the circuit court of
Dade county in the county of Dade and State of Missouri in the 13th
Judicial circuit.
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 the Judge of this court having been
counsel in this cause for said defendant for that reason the court
doth award a Change of venue in this cause to the circuit court of
Dade County in the county of Dade and State of Missouri in the 13th
Judicial circuit.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 1
Now at this day comes the Said defendant and files herein his motion
to be discharged.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for forgery No. 2
Now at this day comes the said Defendant and files herein his motion
for to be discharged.
State of Missouri
vs
Abraham Fenly Jr.
Indictment for Forgery No. 4
Now at this day comes the said defendant and files herein his motion
to be discharged.
State of Missouri
vs
Abraham Fenly Jr.
Now at this day comes the Circuit
Page 439:
October Term AD 1854
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, Aaron Trippet and James W. Beck as his Sureties
and acknowledge themselves Jointly and Severally 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.
defendant in Said Indictment shall make his personal appearance
before the Judge of the circuit court of Dade county at the Court
house in the Town of Greenfield in the county of Dade and State of
Missouri on the first day of the next Term of said Dade circuit
court to answer said Indictment and abide the decision of the court
and not depart the court without leave.
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 as principal and William H. Otter, Aaron
Trippet and James W. Beck as his Sureties and acknowledge themselves
Jointly and Severally 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. defendant in said
Indictment Shall make his personal appearance before the Judge of
the Dade circuit court at the Courthouse in the Town of Greenfield
in the county of Dade and State of Missouri on the first day of the
next Term of said Dade circuit court then and there to answer said
Indictment and abide the decision of the court and not depart the
court without leave.
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 cause
Page 440:
October Term AD 1854
in this behalf as well as the Said defendant in his own proper
person as principal and William H. Otter, Aaron Trippet and James W.
Beck as his Sureties and acknowledge themselves Jointly and
Severally 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 the Dade circuit court at the courthouse in the Town of
Greenfield in the county of Dade and State of Missouri on the first
day of the next term of said Dade circuit court and then and there
to answer said Indictment and abide the decision of the court and
not depart the court without leave.
Charles Suiter
vs
John A. Suiter, Anna E. Suiter and John Tally
Civil action
Now at this day comes the said Parties by their attorney and the
Judge of this court having been counsel in Said cause for Said
Plaintiff for that reason this court doth award a change of venue in
this cause to the circuit court of Dade county in the county of Dade
and State of Missouri in the 13th Judicial circuit.
John B. Brown
vs
Louisa Dent Admr’x of Henry Dent Dec’d
Appeal
Now at this day comes the Said parties by their attorneys and
Suggests to the court here that Since the last term of this court
the Said Louisa Dent has intermarried thereby revoking her Letters
of Administration on the Estate of said Henry Dent Decd, And by
agreement of Said attorneys this cause is by the court ordered to be
continued until the next Term of this court.
State of Missouri
vs
Abraham Fenley Jr.
Indictment for forgery No. 1
Now at this day comes William Fousher, William H. Newland and
Benjamin C. Mitchell and Severally acknowledge themselves indebted
to the State of Missouri in the Sum of Fifty Dollars
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October Term AD 1854
each to be levied of their respective goods and chattels lands and
tenements to be rendered void upon condition that they Severally
appear before the Judge of the Dade circuit court at the courthouse
in the Town of Greenfield in the county of Dade and State of
Missouri in the 13th Judicial circuit on the first day of the next
term of Said Dade circuit court to testify on the party of the State
in Said Cause and not depart the court without leave.
State of Missouri
vs
Israel W. Davis
On forfeiture of Recognizance
Now at this day comes here into court the circuit attorney who
prosecutes for the State of Missouri in this behalf as well as the
said Israel W. Davis by his attorney and by the consent of the
parties this cause is dismissed at the costs of said defendant It is
therefore considered that the State of Missouri have and recover
against Said defendant her costs and charges in this behalf laid out
and Expended and that Execution Issue therfor.
State of Missouri
Vs
Elcanah Cain
Now at this day comes the Said Elcanah Cain into court in discharge
of his recognizance and it having been reported to the court by the
foreman of the Grand Jury of St. Clair county Mo. now in Session
that the Said Elcanah Cain being called on before Said Jury refuses
to be herein a witness before Said Grand Jury the court having
Summoned Said witness was bound to be Sown and give Evidence which
he again refuses to do It is therefore Ordered by the court that the
Said Elcanah Cain be committed to the common Jail of said county
until he shall be Sworn as a witness and give Evidence before Said
Grand Jury.
Wiley B. Myers who was on yesterday ruled to Show cause at the next
term of this court for failing to appear as a Grand Juror at this
term of this court appears in court and upon Satisfactory proof of
good cause for Said failure Is by the court Excused and discharged
from Said rule upon the payment of costs.
Page 442:
October Term AD 1854
State of Missouri
vs
James M. Nichols
Indictment for Murder on change of Venue from Hickory County
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf, and asks for a general Continuance
in this cause, and It is ordered by the Court that this cause be
Continued Generally.
Elkanah Cain
vs
William Duckworth
Civil Action
Now at this day comes the Defendant, and files his motion to rule
the plaintiff to security for Costs, and said Defendant also files
his Demurrer to plaintiffs petition.
State of Missouri
vs
Andrew Baker
Indictment for Murder on change of Venue from Hickory County, upon
Motion to quash filed at last Term
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 the Motion filed at the last Term of this Court to
quash the Indictment because twelve of the Grand Jury did not concur
in finding the bill of Indictment coming on to be heard, the Court
here upon hearing Indictment doth find that twelve Jurors did not
concur & Sustained the Motion and quashed the indictment, be sworn
twelve of the Grand Jury and not concur in finding the same, It is
therefore considered by the Court, that said Indictment be quashed
and the proceedings against said Defendant dismissed.
Ordered that court adjourn until tomorrow morning 8 oclock. De Witt
Ballou Circuit Judge
Wednesday morning November 1st 1854 court met pursuant to
adjournment present as on yesterday.
Page 443:
October Term AD 1854
On motion of the circuit attorney who Shows to the court a Subpoena
duly served on William T. Matlock to appear as a witness before the
Grand Jury and he having failed to appear It is Ordered by the court
that an attachment be Issued against him to bring him before this
court forthwith.
The State of Missouri
vs
Spencer Estes
Indictment for Perjury
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf as well as the Said Spencer Estes
in his own proper person as principal and Thomas Walton and George
W. Estes as his Securities and acknowledge themselves Jointly and
Severally indebted to the State of Missouri in the Sum of One
thousand dollars to be levied of their respective goods and chattels
lands and tenements to be rendered void upon condition that the Said
Spencer Estes defendant in this cause Shall make his personal
appearance before the Judge of this court at the courthouse in the
Town of Osceola in the county of St. Clair and State of Missouri on
the first day of the next term of said court then and there to
answer Said Indictment and abide the decision of the court And not
depart the court without leave.
The State of Missouri
vs
Andrew Baker
Indictment for Murder
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri and files herein his motion to Set aside the
Judgment of this court in dismissing Said Indictment which said
motion being seen and heard and fully understood by the court is by
the court overruled whereupon the said circuit attorney Excepts to
the decision of the court and files herein his bill of Exceptions
and prays an Appeal to the Supreme court of the State of Missouri
which is granted by the court and thereupon comes the Said defendant
Page 444:
October Term AD 1854
Andrew Baker in his own proper person as principal and Aaron Trippet
Security and acknowledges themselves Jointly and Severally indebted
to the State of Missouri in the Sum of One Thousand Dollars to be
levied of their respective goods and chattels lands and tenements to
be rendered void upon condition that the Said Defendant Shall obey
every order and Judgment which Shall be made in the premises on the
appeal Taken by the State against Andrew Baker on an Indictment for
Murder which recognizance is by Said circuit attorney accepted as
Sufficient.
Isaac Culbertson, Albert Culbertson, James Sims & Martha Sims
against
Elizabeth Culbertson, Isaac Culbertson, Joseph Culbertson, Leah A.
Culbertson, Mary E. Culbertson, Nancy J. Culbertson, Samuel G.
Culbertson, John M. Culbertson
Petition for Partition & Sale of the Estate of Andrew M. Culbertson
Now at this day comes the said petitioners by their attorney and it
appearing to the court that the Said Elizabeth Culbertson has been
duly Served with process in this cause but has failed to answer this
petition and being three times Solemnly called comes not but makes
default Wherefore Judgment as to her ought to be rendered and all of
the other defendants being infants the court doth appoint Wm. H.
Otter guardian ad litem for Said defendants who now comes here into
Court and files an answer as to them and this cause is Submitted to
the court neither party requiring a Jury and this cause now coming
on to be heard by the court the Court after hearing the Evidence
doth find that the Said Andrew M. Culbertson dec’d Seized and
possessed of in fee simple to the following Real Estate lying and
being in the county of St. Clair & State of Missouri to wit SW qr of
the SE qr of Sec. 1 in Township 36
Page 445:
October Term AD 1854
Range 25 containing 40 acres also the E ½ of the NE qr of Sec. 12
Township 36 R 25 W containing 80 Acres the court further find that
Said Elizabeth Culbertson is the widow and relict of Said Andrew M.
Culbertson who has filed per Election is entitled to one half of
Said Estate Subject to the debts of her husband the said decedant
having died without children that Said Isaac Culbertson as father of
said decedant is entitled to one Sixth and that Albert Culbertson as
brother is also entitled to one Sixth of the other half of said
Estate that said Martha Sims as half Sister of Said defendant and
Said Isaac C. Culbertson, Samuel G. Culbertson, John M. Culbertson,
Joseph Culbertson, Leah A. Culbertson, Mary Culbertson, Nancy J.
Culbertson as half brothers & Sisters are each entitled to one
twelfth of Said other half of Said Estate all holding the same as
tenants in common the court doth further find that from the nature
and the condition of Said Estate and the number of the owners
partition thereof cannot be made without great prejudice to said
owners It is there considered by the court that the Same be Sold by
the Sheriff of St. Clair county pursuant to law upon a credit of
twelve months and after deducting the costs and Expenses division of
the proceeds be made according to the respective rights of the
Several owners therein It is further Ordered that Thomas W. Freman
be allowed the Sum of fifteen dollars as his attorney fee in this
cause And the opinion of the court In this cause in accordance
herewith filed herein.
State of Missouri
vs
Spencer Estes
Indictment for PerJury
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 on motion of the Said circuit attorney It
is ordered by the court that this cause be continued until the next
Term of this court And that an attachment be Issued against Thomas
H. a witness on the part of the State returnable to said next term
of this court.
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October Term AD 1854
Robert S. Boswell, James F. Boswell, William R. Williams & Elizabeth
F. Williams his wife – plff
against
Minerva Boswell – deft
Petition for Partition
Now at this day comes here into court said plaintiffs by their
attorney and Suggests to the court here that the Said Minerva
Boswell the above named defendant is an infant within the age of
twenty one years thereupon the court here appoints William H. Otter
guardian for the Said Minerva Boswell who being in court here
consents to the Same and the Said defendant by her Said guardian
filed herein her answer to Said plaintiff petition and by consent of
Said parties this cause is to be tried at the present term of this
court and both parties being ready for trial the Same is Submitted
to the court here and the court here after hearing the evidence and
proof in Said cause doth find that in the year AD 1832 one Mathew
Boswell in the County of St. Clair departed this life and in his
lifetime made his last will and Testament which is to the court here
Shown and what has been proved to be his last will and testament
according to law and the court doth find that in and by Said last
will that all the personal and real as well as mixed property of the
Said Mathew Boswell the testator Situated and being in the county of
St. Clair in the State of Missouri at the time of the death of Said
testator was willed and bequeathed to Edith Boswell wife of Said
testator during her natural life or so long as She Should remain a
widow and Said court doth further find that the Said Edith departed
this life in the month of august AD 1854 whereby her life Estate in
said property since Said will be determined and the court doth
further find that at the death of said Testator the decd Seized and
possessed of the following described property real and personal
lying and being in the county of St. Clair aforesaid To wit The West
half of the South West quarter of Section No. Thirty three Township
No. Thirty Seven Range twenty four west also the NE qr of the SW qr
of Section 5 T 36 Range 24 W also W ½ of the SW qr Section 32 T 37 R
24 W
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October Term AD 1854
also SE qr of SW qr of Section 32 T 37 R 24 W also W ½ of the NW qr
of Sect. 5 Town. 36 R 24 W also the following named Slaves to wit
Martha, Jane, Norris, Henry, Harriett, Gilla, Betsey and Benjamin
and that since the death of The Said Testator the said negro slave
Martha has given birth to a female child called Nelly and the court
doth further find that the Said Testator also deed Seized and
possessed of certain real estate lying and being in the county of
Hickory in said State described as follows to wit, The East ½ of the
NW qr of Section 22 Township 36 R 24 W also the West ½ of the NW qr
of Section 15 T 36 R 24 W also the NW qr of the NE qr of Section 13
Township 36 R 24 W also the SE qr of Section No. 17 T 36 R 24 W And
the court doth further find that Said Testator left the following
named children and heirs at law to his said Estate Robert S.
Boswell, James F. Boswell and Elizabeth F. Boswell who has since
intermarried with William R. Williams who are the plaintiffs and
Minerva A. Boswell the defendant an infant within the age of twenty
one years and That they are the only heirs at law of said Testator
and that the Said Robert S. Boswell, James F. Boswell, William R.
Williams in right of his wife Elizabeth F. Williams and Minerva A.
Boswell are Entitled to an undivided fourth part each of said real
and personal property herein described and the evidence and proof to
thereof as tenants in common And the court doth further find that
the Said Robert S. Boswell in the distribution of the Estate of said
Testator now in the hands of the Executor of Said Estate Shall
account for the Sum of two hundred dollars as a part of his share of
said testators estate in the hands of said Executor. It is therefore
considered by the court here and the court doth order adjudge and
decree that partition be made between said parties plaintiffs and
Defendants according to their rights as herein before ascertained of
said real and personal property as follows to wit The Said Robert S.
Boswell, James F. Boswell, William R. Williams in right of his wife
Elizabeth F. Williams, and Minerva A. Boswell one fourth each in
kind and each party to pay an equal part of the costs and the court
here doth order and appoint Uriah L. Sutherland, William C. Douglass
and George Preston to make partition according to the Judgment of
this court and according to
Page 448:
October Term AD 1854
Statute in such case Made and provided And Thomas W. Freeman is
allowed by the court here an attorney fee to the amount of fifty
Dollars And the opinion of the court in accordance herewith in this
cause is filed herein.
John Wix adm’r of Robert Bailey Dec’d
vs
William N. Patterson
Appeal
Now at this day comes the parties by their attorneys and the said
plaintiff files herein his motion to quash the depositions of Henry
N. Patterson and [space] Kincholoe taken and filed in this cause by
said defendant and said motion being Seen and heard by the court is
by the court Sustained as to the said deposition of the said Henry
N. Patterson and said Deposition is by the court ordered to be
quashed And said Motion as to the said deposition of the said
[space] Kincheloe is by the court overruled And thereupon said
defendant files herein his affidavit for a continuance of this cause
And for good cause Shown this cause is by the court ordered to be
continued until the next term of this court And It is further
ordered by the court that an attachment be Issued against Sarah
Davis and Marian Scott to bring them before this court as witnesses
on the part of said defendant at the next term of this court
directed to the Sheriff of Bates county.
Elcanah Cain
vs
William Duckworth
Civil Action
Now at this day comes the parties by their attorneys and the motion
filed by said defendant to rule said plaintiff to Security for costs
coming on to be heard is by the court Sustained And It is ordered by
the court that said plaintiff files his obligation for costs in this
cause 90 days before the first day of the next term of this court
and with good and sufficient Surety and that in default thereof that
this cause be dismissed And on motion of said Plaintiff Leave is
granted him by the court to amend his petition in this cause and
file his said amended petition 90 days after the close of the
present term of this court and Defendant
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October Term AD 1854
is by the court allowed until the next term of this court to answer
said petition And by agreement of the parties this cause is to be
set for trial at the next term of this court.
William Allen
vs
Henry Pollard
Appeal
Now at this day comes the parties by their attorneys And the Judge
of this court having been counsel for said Plaintiff in this cause
for that reason the court doth award a change of Venue in said cause
to the Dade circuit court in the county of Dade and State of
Missouri in the 13th Judicial circuit.
John C. Chiles Trustee for Eliza Jane Reed & others
vs
Avery B. Howard
Civil action
Now at this day comes the parties by their attorneys And the Said
Defendant files herein his Motion to dismiss this Suit which said
Motion being seen and heard by the court is by the court Sustained
and this cause is by the court ordered to be dismissed. It is
therefore considered by the court that the Said Defendant Recover
against said Plaintiff his costs and charges by him laid out and
Expended in this behalf and that Execution Issue therefor.
Jonathan Culbertson
vs
Gabriel P. Nash
Appeal
Now at this day comes the said Defendant by his attorney and
consents and agrees that this cause may be tried by this court
Notwithstanding the Judge of this court has been counsel for said
plaintiff.
William Duckworth
vs
Henry Pollard
Civil action
Now at this day comes the parties by their attorneys and both
parties being ready for trial, and the facts in this case
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October Term AD 1854
being argued upon, The Court doth find the facts is set forth into
agreement and upon these facts The Court finds, that the Defendant
is liable to said plaintiff in the sum of Thirty Six Dollars and
Ninety cents and is indebted to him that sum It is Therefore
Considered by the Court that the plaintiff have and recover of said
Defendant the sum of Thirty Six Dollars and 90 cents damages found
as aforesaid, as well as Costs and that plaintiff have thereof
execution.
Jno. T. Harper
vs
John Tally
Civil Action
Now at this day comes the parties by their attorneys, and defendant
had and obtained leave to file his answer 90 days before the next
Term of this court.
State of Missouri
vs
Elkanah Cain et al
Indictment for Gaming
Now at this day comes the Circuit Attorney who prosecutes for the
State of Missouri in this behalf, as well as the Defendant by their
Attorney, and in Motion of Cir Atty this cause is continued until
the next term of this Court, and on motion of Cir attorney it is
ordered that a writ of attachment issue against William T. Matlock a
witness on the part of the State returnable to the next Term of this
Court.
State of Missouri
vs
Jesse Hill
Indictment for a felonious Assault On change of Venue from Cedar
County
Now at this day comes the defendant in his own proper person as well
as by attorney and files here in court his Motion to discharge
Defendant from his recognizance.
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October Term AD 1854
State of Missouri
vs
Robert H. Sproul
Indictment for selling liquor without License
Now at this court the Circuit Attorney who prosecutes for the State
of Missouri in this behalf as well as the Defendant by his attorney,
and by consent of Cir Atty and Defendants counsel this cause is
Continued until the next Term of this Court.
Hannah Gilliam
vs
Thomas G. Gilliam
Petition for Divorce
Now at this day comes Again here into Court and plaintiff by his
attorney and it being shown to the Court here that the Defendant has
been duly served with Motion, as appears from the return of the
Sheriff of St. Clair County, upon the writ heretofore issued in this
case, and said defendant being solemnly called comes not, and wholly
makes default, and said action remains wholly undefended, And said
cause coming on to be heard, The Court after hearing the allegations
and proof of said plaintiff the Court doth find from the evidence
that said plaintiff and Defendant were united in the Bonds of
matrimony some time in the month of March 1851, and that they lived
together as husband and wife for about the space of thirteen months,
and that during all that time said plaintiff conducted himself well
towards Said Defendant and treated said Defendant Kindly, and that
said Defendant about the first day of May 1852 willfully deserted
said plaintiff without any just cause, and for the space of more
than two years, and refused to return to live with plaintiff as her
husband and the court being further Satisfied that said plaintiff
was a resident of the County of St. Clair at the time of the
commencement of this suit and had been for the last Eighteen years
before that time And That said plaintiff
Page 452:
October Term AD 1854
is the innocent and injured party. Now therefore in consideration of
the premises it is considered by the Court here, and it is hereby
ordered adjudged and decreed That said bonds of matrimony heretofor
existing between said plaintiff and defendant be and they are hereby
forever dissolved annulled, and held for naught, And that said
plaintiff be restored to all the rights privileges of a single
person, And that the said Defendant be allowed to marry again, and
that plaintiff have and recover of and from said defendant all her
costs in this behalf laid out and Expended Opinion of the Court
filed.
Ordered that court adjourn until tomorrow morning 8 oclock. De Wit
C. Ballou Circuit Judge
Thursday morning November 2nd 1854 court Met pursuant to adjournment
present as on yesterday.
James C. Motley – Plff
vs
Pendleton A. Motley – Deft
Civil action by Petition and Attachment
Now at this day comes the Said Plaintiff by his attorney and it
appearing to the Satisfaction of the court, that the Said defendant
is not a resident of nor resided within This State and tat a copy of
attachment has been Issued by the clerk of the circuit court of St.
Clair county Missouri against the property of said Defendant And has
been levied by the Sheriff of Said St. Clair county on the following
described property of the said defendant situated in the county of
St. Clair and State of Missouri To wit The North West quarter of
section No. Twenty of Township No. Thirty Eight of Range No. twenty
Six W containing 160 acres and the Sough west quarter of the
Southwest quarter of Section No. Seventeen of Township No. thirty
Eight of Range No. Twenty six containing 40 acres And the Said
defendant Not appearing or pleading and there being no answer to
[written in left hand margin:] Satisfied see next page
Page 453:
October Term AD 1854
to the said plaintiffs action It is therefore ordered by the court
that said defendant be notified by publication in the “South West
Democrat” a newspaper published in the City of Warsaw Benton County
Missouri for Eight weeks Successively the last insertion to be at
least four weeks before the first day of the Next term of this court
That the said Plaintiff has commenced a civil action by Petition and
attachment against Said Defendant for the Sum of one hundred and
eighty seven Dollars on account of money due Said Plaintiff from
Said Defendant on two promissory notes made by said Defendant
payable to Zadoc Reed and assigned to Said Plaintiff By W.P. Johnson
assignee of said Zadoc Reed And that the above described property of
said defendant has been attached and that unless he be and appear at
the next term of this court 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 Judgment will
be rendered against him and his property sold to satisfy the same.
[written in left hand margin:] State of Missouri County of St. Clair
SS I James C. Motley the plaintiff in this Judgment Do hereby
acknowledge the receipt of the full amount of this Judgment and
costs and hereby release the said Pendleton A. Motley from all
liability on this Judgment And Acknowledge the same Satisfied in
full witness my hand and seal this 10th day of August AD 1855 James
C. Motley (seal) Attest James W. Beck clerk.
Anna N. Estes, William H.H. Davis & America Davis his wife, William
W. Estes, Francis Henshaw and Lucy A. Henshaw his wife, Peyton T.
Townson & Elizabeth Townson his wife, Francis M. Estes, Thos. H.
Estes, George Anderson, Sarah Collins, Susannah Revis, Valentine
Hoover & Nancy Hoover his wife, Finas Anderson & Melsina Anderson
his wife, William Anderson, James Anderson by his Guardian Wm.
Anderson, Riley Anderson by his Guardian Oscar F. Keller, Sarah O.
Anderson by her Guardian James M. Hoover & Elizabeth Anderson by her
Guardian Theodrick Snuffer – Plffs
vs
Wm. Potter, Elizabeth Potter, Thos. Potter, Ruth Potter, Anna
Potter, Rebecca Potter, Mary Potter, Jane Potter, Jas. P. Potter,
Anderson R. Whitley, James S. Anderson & the unknown heirs
Page 454:
October Term AD 1854
of John Anderson dec’d – Defts
Petition for Partition
Now at this day comes here into court Said plaintiff by their
attorneys and it appearing to the Satisfaction of the court that the
order of publication made in vacation has been published for eight
weeks Successively in the Osceola Independent a paper published in
Osceola Missouri and that the last insertion in paper was at least
four weeks before the first day of the last term of this court the
general nature and purpose of Said Order was to notify all the
aforesaid nonresidents and unknown defendants (Except Anderson R.
Whitley) that plaintiff had filed their petition for partition and
if partition could not be made then for a Sale of the aforesaid
premises and it further appearing that the Said Anderson R. Whitley
has been Served with process and that Said Anderson R. Whitley is an
infant under the age of twenty one years the court hereby appoints
Wm. H. Otter guardian ad litem for said infant who being now in
court and files his answer who for Said infant Says he has no
Knowledge of the matters Set forth in Said petition but demands
proof of the Same The court after hearing the proofs and allegations
of the parties finds that the Said Nancy Anderson in the year 1845
departed this life Seized and possessed of a fee simple title to the
following described Real Estate Situated and lying in the county of
St. Clair and State of Missouri to wit: The E ½ of the SE fractional
qr of Sec. 25 in Township 38 Range 27 containing 72 80/100 Acres And
the court doth further find that Said Nancy Anderson left at the
time of her death the following named children and Grand Children as
her only heirs to wit: (1) Robert Anderson who was entitled to an
undivided Eleventh part in Said Estate of Nancy Anderson decd and
the court further finds that the Said Robert Anderson sold and
conveyed his undivided interest to Thomas Estes (2) the court also
finds that Ambrose Anderson another son of Nancy Anderson deceased
was entitled to an undivided Eleventh in Said Estate but the court
further finds that the Said Ambrose sold
Page 455:
October Term AD 1854
And conveyed his interest in Said Estate to Thomas Estes (3) the
court also finds that Joseph Potter and Anna his wife were entitled
to an undivided Eleventh in said estate but the court also finds
that the Said Joseph and Anna Sold and conveyed their interest in
said Estate to Thomas Estes the court further finds that Said Thomas
Estes was entitled to an undivided Three Elevenths part of said
estate but has departed this life leaving a widow Anna Estes who is
entitled to dower in the said three Elevenths purchased in the
estate of Nancy Anderson deceased the value of Said dower in Said
three Elevenths the court finds to be five dollars the court further
finds that the Said Thomas Estes Left the following named children
America Estes who has intermarried with Wm. H.H. Davis, Wm. W.
Estes, Lucy A. Estes who has intermarried with Francis Henshaw,
Elizabeth Estes who has intermarried with Payton Toronson, Thomas H.
Estes and Francis Estes these Six children of Thomas Estes deceased
are entitled Jointly in Said estate of Nancy Anderson deceased to
the undivided three Elevenths after deducting the five dollars as
dower of the Said widow The court further finds that (4) John
Anderson another son of Nancy Anderson was entitled to undivided
Eleventh in Said estate but the court further finds that the Said
John has departed this life and the name and residence of his heirs
are unknown but the court finds that the unknown heirs of John
Anderson are entitled to undivided Eleventh in Said estate And the
court further finds that (5) Sarah Collins another daughter of Nancy
Anderson deceased is entitled to undivided Eleventh in Said estate
her husband [space] Collins having departed this life the court
further finds that (6) Nancy Anderson another daughter of Nancy
Anderson deceased entermarried with John Potter and that the Said
Nancy Potter & John have both departed this life leaving the
following named children to wit: William Potter, Elizabeth Potter,
Thomas Potter, Ruth Potter, Anna Potter, Rebecca Potter, Mary
Potter, Jane Potter and James P. Potter and that the foregoing
children are entitled Jointly in Said Estate of Nancy Anderson
Page 456:
October Term AD 1854
Deceased to their mothers Share which would be an undivided Eleventh
part and the court do further find that Said heirs of John & Nancy
Potter are nonresidents of the State (7) And the court further finds
that Susannah Anderson another daughter of Nancy Anderson deceased
entermarried with Light Revis and the court further finds that the
said Light Revis has departed this life the court finds that this
Said Susannah Revis is entitled to an Eleventh in Said estate The
court further finds that (8) George Anderson another Son of Nancy
Anderson deceased is entitled to an undivided eleventh of Said
estate And the court further finds that (9) Rebecca Anderson another
daughter of Nancy Anderson decd entermarried with Randolph Whitley
and that the Said Rebecca departed this life leaving an only child
Anderson R. Whitley who is entitled to his mothers Share that being
an undivided Eleventh of Said estate of Nancy Anderson deceased (10)
The court further finds that Samuel Anderson another Son of Nancy
Anderson deceased was entitled to an undivided Eleventh in Said
estate but the court do further find that the Said Samuel Anderson
has departed this life leaving the following named children: to wit;
Melsina Anderson having entermarried with Finas Anderson, William
Anderson, Elizabeth Anderson, James Anderson and Riley Anderson who
are entitled Jointly to an undivided Eleventh part in Said estate of
Nancy Anderson deceased (11) The court further finds that Obannan
Anderson another Son of Nancy Anderson deceased was entitled to an
undivided eleventh of his mothers estate but the court further find
that he Said Obannan Anderson has departed this life leaving the
following named children: to wit, James S. Anderson who is a
nonresident of this State, Nurana Anderson who has entermarried with
Valentine Hoover and Sarah O. Anderson the court finds that these
children of Obannan Anderson decd are entitled to their fathers
Share in Said estate their Share is an undivided Eleventh part in
Said estate And Said court being Satisfied that from the nature and
amount
Page 457:
October Term AD 1854
Said real estate and the numbers of the owners thereof that
partition thereof cannot be made without great injury to the parties
interested therein it is therefore ordered adjudged and decreed that
partition be made between said parties according to the rights of
Said parties as herein before contained and that the whole of Said
Real Estate be Sold by the Sheriff of Said county on a credit of
Twelve months as the Statutes in such cause made and provided
directs and it is further Ordered that he Shares as ascertained in
this decree be paid to Said parties and that the Said Sum of five
dollars be paid to the Said widow (Anna Estes) of Thomas Estes dec’d
in lieu of dower by the Sheriff of St. Clair county and it is
further ordered that the Costs of this Suit be first paid out of the
proceeds of Said Sale before the Same be distributed And it is
further ordered by the court that the necessary costs and Expenses
attending the partition together with a fee of Thirty dollars
assessed by the court to Wm. A. McClain and Thomas W. Freeman as
their fees as attorneys to be equally taxed against all the parties
interested in the partition and the opinion of the court in this
case is filed herein.
Randolph Whitley & Nancy Revis – Plffs
against
Melsina Anderson & Finas Anderson her husband, Elizabeth Anderson,
James Anderson, Riley Anderson, Sarah A. Gillmore & James Gillmore
her husband, Nancy Laxton, John Laxton, Martha Revis, Elvira Revis,
Ellen and Drusella Revis, Benton Revis & Edward Revis – Deft
Petition for Partition
Now at this day comes again here into court Said plaintiffs by their
attorney and it being Shown to the court here that all of Said
Defendants have been notified and Served with legal process and it
being Suggested to the court here that James Anderson, Riley
Anderson, Nancy Laxton, John Laxton, Martha Revis, Ellen Revis,
Page 458:
October Term AD 1854
Elvira Revis, Druzilla Revis, Benton Revis and Edward Revis are
infants within the age of twenty one years the court here appoints
William H. Otter Esqr the gardian who being in court here consents
to the Same and for them as their guardian files herein their answer
and the Said Melsina Anderson & Finas Anderson her husband,
Elizabeth Anderson, Sarah Gilmore & James Gilmore her husband and
being three times Solemnly called comes not but makes default and
have filed no answer to Said plaintiffs petition whereby Said action
as to them remains undefended and Judgment ought to be rendered
against them and Said plaintiffs by their attorney and Said infants
by Wm. H. Otter their Guardian Consents that this cause be tried and
determined at the present term of this court and being ready for
trial this cause by consent of Said plaintiffs and the infants by
their guardian was Submitted to the court here and the court
hereafter hearing the Evidence and proof of the parties doth find
that Sometime in the year AD One Edward Revis of the county of St.
Clair in the State of Missouri departed this life Seized and
possessed of the following described Real Estate lying and being in
Said county of St. Clair To wit the W ½ of the NW qr of Section No.
10 in Township No. 37 Range 27 Also the East half of the East of the
NE qr of Sec. No. 9 Township No. 37 Range No. 29 West and forty nine
and 27/100 Acres of the East fractional quarter South of the Osage
River being the East part thereof Section No. 3 in Township 37 R 24
all in Said county and State of Missouri and the said Edward Revis
decd at the time of his death left the following named children &
heirs at law to Said Estate to wit Mildred who first entermarried
with PPPachal Laxton by whom she had three children to wit Sarah
Laxton who has entermarried with James Gilmore, John Laxton and
Nancy Laxton that after the birth of Said children of Mildred Laxton
the Said Paschal Laxton departed this life and his widow married
with George Wilson and Soon after departed the life leaving no other
children and the court doth further find that the Said Edward Revis
deceased had a child by the name of Lyght Revis who entermarried
with one Susan Anderson and by whom
Page 459:
October Term AD 1854
he had Seven children to wit Nancy Revis, Martha Revis, Ellen Revis,
Elvira Revis, Druzilla Revis, Benton Revis and Edward Revis his
children and heirs at law The Said Lyght Revis having departed this
life The court doth find that the Said Edward Revis decd had other
children & heirs at law to wit Warren P. Revis, Isham Revis, Edward
Revis Jr. and Nancy Revis who married Samuel Anderson who are both
decd but left five children as her heir at law to wit Wm. Anderson,
Elizabeth Anderson, James Anderson, Riley Anderson & Melsina
Anderson the Said Melsina having entermarried the Ssaid Finas
Anderson, Mildred Revis, Lyght Revis, Warren P. Revis, Isham Revis,
Edward Revis Jr. and Nancy Revis who entermarried with Samuel
Anderson are the only children and heirs at law of the Said Edward
Revis deceased the court doth further find that Sometime in the year
1845 The Said Mildred Revis who has entermarried with George Wilson,
Elizabeth Revis who entermarried with Charles Bateman, Lyght Revis &
wife, Warren Revis & his wife and Edward Revis Jr. Sold and conveyed
their right and title in said Real Estate as heirs at law of the
Said Edward Revis decd, to the Said Isham Revis being Six Sevenths
of Said Estate and that the children of the said Nancy and Samuel
Anderson are entitled to the other Seventh and the court doth
further find that afterwards the Said Isham Revis died leaving no
children and that his brothers and sisters and the decedants are his
legal heirs of his Estate in Said lands and the court doth find that
Said heirs at Nancy Anderson being five in number as herein before
ascertained and named and Entitled in addition to the one Seventh of
Said Estate as heirs through their mother to their grandfather
Estate and also entitled to an undivided fifth part of the Estate of
Isham Revis deceased and the court doth further find that the Said
children and heirs of Lyght Revis being Sworn in number to wit,
Nancy Revis being Said plaintiff, Martha Revis, Ellen Revis, Elvira
Revis, Druzilla Revis, Benton Revis and Edward Revis Jr. are
entitled to an undivided fifth part of the Estate of Said Isham
Revis dec’d in an to Said Real Estate and that the children of
Mildren Revis otherwise called Mildred Laxton otherwise Wilson three
in number and entitled
Page 460:
October Term AD 1854
to one undivided fifth part of Said Ishams Estate in Said real
Estate and that the children of Lyght Revis being Seven in number
are entitled to one undivided fifth part of Said Ishams Estate in
said real Estate And the court doth further find that the said
Warren P. Revis and Edward Revis two brothers of the Said Isham
deceased Sold and conveyed their undivided interest in the Estate of
Isham Revis deceased to Randolph Whitley one of the plaintiffs in
this cause and also that William Anderson son of the Said Samuel
Anderson hatt conveyed his undivided interest in the Estate of
Edward Revis deceased and Isham Revis deceased to the Said Randolph
Whitley one of Said plaintiffs and So the court doth find the Issue
for the plaintiffs The court therefore in consideration of the
premises doth order adjudge and decree that division and partition
of Said Real Estate be made among and between the parties to this
Suit according to the rights and interests of the Said parties as
herein before ascertained and Settled according to finding of the
court here and the court here being Satisfied by the Evidence and
proof that partition and division of Said real estate cannot be made
in kind without great prejudice to Said owner being the parties to
this Suit the court here doth Order and adjudge that Said Real
Estate be Sold by the Sheriff of Said county to the highest bidder
on a credit of twelve months and after paying the costs charges and
Expenses of this Suit and of Said Sale that the residue be divided &
paid to the parties to this Suit in proportion to the rights as
herein before ascertained and that the plaintiffs first pay the
costs of this Suit and that an attorneys fee to the amount of Thirty
dollars be paid as costs in this Suit to Thomas W. Freeman and that
all other matters be reserved for the further order of this court
And the opinion of the court in accordance herewith is filed herein.
Burr H. Emerson circuit attorney being absent It is ordered by the
court that Thomas W. Freeman be appointed circuit attorney Protem
here.
Page 461:
October Term AD 1854
Joseph W. Cox and John T. McClain – Plaintiffs
vs
Ebenezer B. Ball – Defendant
Civil action by Petition and 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
Ebenezor B. Ball is not a resident of nor resides within this State
and that a writ of attachment has been Issued by the clerk of the
circuit court of St. Clair county Missouri against the property of
the said Defendant And has been levied by the Sheriff of said St.
Clair county in the following described property of the Said
defendant Situated in the county of St. Clair and State of Missouri
To wit, “The East ½ of the South East quarter of Section No. 24 in
Township No. 37 of Range No. 27 containing 80 acres also Lot No. 2 N
qr N west frl qr of Section No. 37 Township No. 37 of Range No. 26
containing 35 36/100 acres also the south west Frl qr of Section No.
19 in Township No. 3 of Range No. 26 containing 163 68/100 acres and
also the South half North East qr of Section No. 30 in Township No.
37 of Range No. 26 containing 80 acres all making 407 34/100 acres
of land And the Said defendant not appearing or pleading and there
being no answer to the Said Plaintiffs action It is therefore
ordered by the court that the said Defendant be notified by
publication in the “South West Democrat” a newspaper published in
the city of Warsaw Benton county Missouri for eight weeks
Successively the last insertion to be at least four weeks before the
first day of the next term of this court which commences on Monday
the 30th day of April next. That the said Plaintiffs has commenced a
civil action by petition and attachment against Said defendant for
the Sum of Five hundred & Twenty seven dollars and Forty six cents
on account of money due said Plaintiffs from said Defendant on a
promissory note And that unless he appear at the said next term of
this court and on or before the third day thereof Judgment will be
rendered against him and his property sold to satisfy the Same.
Calvin Waldo – Plff
vs
Ebenezor B. Ball – deft
Civil action by petition and Attachment
Now at this day comes the Said plaintiff by his attorney and it
appearing to the Satisfaction of the court that the Said defendant
is not a resident of nor resides within this State and that a writ
of attachment has been issued by
Page 462:
October Term AD 1854
the clerk of this court against the property of the Said defendant
and has been levied by the Sheriff of St. Clair county upon the
following described property of the Said defendant Situated in the
county of St. Clair and State of Missouri To wit: “The East ½ of the
South East qr of Section No. 24 in Township No. 37 of Range No. 37
containing 80 acres Also Lot No. 2 north west frl qr of Section No.
30 Township No. 37 of Range No. 26 Containing 83 50/100 Acres also
the South west frl qr of Section No. 19 in Township No. 37 of Range
No. 26 containing 163 86/100 acres and also the South half North
East qr of Section No. 30 in Township No. 37 of Range No. 26
containing 80 acres all making 407 34/100 Acres of land” And the
said defendant not appearing or pleading and there being no answer
to the Said Plaintiffs action. It is therefore Ordered by the court
that Said defendant be notified by the publication in the “South
West Democrat” a newspaper published in the city of Warsaw Benton
County Missouri for Eight weeks Successively the last insertion to
be at least four weeks before the first day of the next term of this
court which commences on Monday the 30th day of April next That the
Said Plaintiff has commenced a civil action by petition and
attachment against Said defendant for the Sum of one hundred Dollars
and ninety cents on account of money due Said Plaintiff from Said
defendant on a promissory note And that unless he appear at the Said
next term of this court and on or before the third day thereof
Judgment will be rendered against him and his property Sold to
Satisfy the Same.”
Waldo P. Johnson – Plff
vs
Ebenezor B. Ball – Deft
Civil Action by Petition and attachment
Now at this day comes the said Plaintiff by his attorney and it
appearing to the Satisfaction of the court that the Said defendant
is not a resident of nor resides within this State and that a writ
of attachment has been issued by the clerk of this court against the
property of the Said defendant and has been levied by the Sheriff of
Said St. Clair County upon the following described property of the
Said defendant Situated in the County of St. Clair and State of
Missouri To wit: “The East half of the South East qr of
Page 463:
October Term AD 1854
Section No. 24 in Township No. 37 of Range No. 27 containing 80
acres Also lot No. 2 North West frl qr of Section No. 30 in Township
No. 37 of Range No. 36 containing 83 56/100 acres also the South
West frl qr of Section No. 19 Township No. 31 of Range No. 26
containing 163 65/100 Acres and also the Fourth ½ of the North East
qr of Section No. 30 in Township No. 37 of Range No. 26 containing
80 acres all making 407 24/100 acres of land And the Said defendant
not appearing or pleading and there being no answer to the Said
plaintiffs Action It is therefore Ordered by the court that the Said
defendant be notified by publication in the “South West Democrat” a
newspaper published in the city of Warsaw Benton County Missouri for
Eight weeks Successively the last insertion to be at least four
weeks before the first day of the next Term of this court which
commences on Monday the 30th day of April next That the Said
plaintiff has commenced a civil action by petition and attachment
against the Said defendant for the Sum of one hundred and Thirty
dollars on account of money due Said plaintiff from Said defendant
on a promissory note And that unless he appear at the Said next Term
of this Court and on or before the third day thereof Judgment will
be rendered against him and his property Sold to Satisfy the Same.”
William G. Clayton
vs
Tandy K. Kidd
Civil action change of venue from Barry county
Now at this day comes the Said parties by their attorneys And the
Judge of this court having been counsel in this cause for the Said
Plaintiff for that reason It is ordered by the court that a change
of venue be awarded in Said cause to the circuit court of Morgan
county in the county of Morgan and State of Missouri in the 1st
Judicial circuit.
State of Missouri
vs
Abasha Starkey & John Starkey
on Forfeiture of Recognizance
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Suggests to the court that the
Said
Page 464:
October Term AD 1854
defendants have not been Summoned to appear at this term of this
court And on motion of said Circuit attorney It is ordered by the
Court that a new Scire facias be Issued against Said Defendants
Directed to the Sheriff of Hickory County Mo. Returnable to the next
term of this court And that this cause be continued until the next
term of this court.
State of Missouri
vs
Jesse Hill
Indictment for felonious Assault
Now at this day comes the said defendant and files herein his
demurrer in said cause.
Ann Looney and others
vs
Elizabeth Payne & others
Petition for Partition & Sheriffs Report of Sale
Now at this day comes George Preston late Sheriff of St. Clair
county Missouri and presents to the court an additional report of
Sale of Lands by him Sold belonging to Said parties and sold by
order of this court since the first sale of said real Estate which
is by the court examined approved and ordered to be filed And also
Reports Costs amounting to $23.62 which is by the Court Approved &
ordered to be filed.
Finas Anderseon & Melsina Anderson his wife, Elizabeth Anderson by
her Guardian Theoderick Snuffer, James Anderson by his Guardian Wm.
S. Anderson, Riley Anderson by his Guardian Oscar F. Keller and Wm.
H. Trolinger
vs
John Laxton, Nancy Laxton, James Gillmore & Sarah Gillmore his wife,
Randolph Whitley & Susannah Whitley his wife, Nancy Revis, Martha
Revis, Ellen Revis, Elvira Revis, Druzilla Revis, Benton Revis &
Edward Revis
Petition to Correct Deed
Now at this day comes the Said Parties by their attorney and it
appearing to the court from the Petition filed in this cause that
the Said Defendants Martha Revis, Ellen Revis, Elvira
Page 465:
October Term AD 1854
Revis, Druzilla Revis, Benton Revis, Edward Revis, John Laxton &
Nancy Laxton are infants under the age of Twenty one years It is
therefore ordered by the court that William H. Otter be appointed
Guardian Ad litem for said minors who being in court accepts said
appointment and thereupon files herein his answer to said petition
for said minors and for answer Says he has no Knowledge of the facts
Setforth in said petition and requests strict proof of the same And
the witnesses in this cause Summoned on the part of the Plaintiffs
being absent on motion of Said Plaintiffs by their Attorney It is
ordered by the court that this cause be continued until the Next
term of this court.
State of Missouri
vs
Jesse Hill
Indictment in the Cedar Circuit Court for a felonious assault
Now at this day comes the circuit attorney who prosecutes for the
State of Missouri in this behalf and Suggests to the Court a
diminetim in the Record Sent up from the Cedar Circuit Court in this
Cause and the Same appearing to the Court to be the fact. It is
ordered by the Court that the Clerk of the circuit Court of Cedar
County be required to make out and Transmit to the clerk of this
Court a full Transcript of the Record and proceedings in Said Cause
including the opening order of the Court and Empannelling of the
grand Jury & the recognizance of the witnesses if any without delay
And that a copy of this order be certified to the Said Clerk of St.
Clair circuit court.
James M. Breckenridge & others Exparte
Petition for Partition of Real Estate
Now at this day comes George Preston late Sheriff of St. Clair
county Mo. and presents to the court a report of the costs which
have accrued in the above Entitled cause amounting to the Sum of
$65.83 which is by the court approved and ordered to be filed.
The Grand Jury returned here into court and by their foreman in
presence of the whole body of Grand Jurors. Presented the following
Page 466:
October Term AD 1854
Bills of Indictment To Wit
one Bill of Indictment against Elkanah Cain for permitting gaming in
a house
one bill of Indictment against ____ Hicks & ____ Newberry for gaming
one bill of Indictment against Simeon Gilbrath for disturbing Public
worship
One bill of indictment against Hesekiah D. Thompson for dealing with
a slave
one bill of indictment against Aaron Trippet and Richard Crenshaw
for betting on an Election
One bill of Indictment against Felix Bailey for dealing with a slave
One Bill of Indictment against Richard Dear for dealing with a Slave
one Bill of Indictment against Elkanah Cain & ____ Hicks for Gaming
One Bill of Indictment against Valentine Hoover for disturbing
Public worship.
Which said Bills of Indictment were filed And the Grand Jury having
no further business before them were by the court discharged And It
is ordered by the court that capias writs Issue on all Indictments
found this term of this court directed to the Sheriff of the proper
counties.
And it being Shown to the court that Henry Pollard, William T.
Matlock & William Preston have been Summoned to appear before the
Grand Jury to give evidence and have failed to attend The court doth
order that they be notified to appear at the next term of this court
and there Show cause why they have failed to appear.
John C. Chiles Trustee for Elizabeth Reed & others
vs
Avery B. Howard
Civil Action
Now at this day comes Said Plaintiff by his attorney and moves the
court for leave to withdraw all Exhibits filed by him in said cause
which is by the court granted And It is ordered by the court that
Said Plaintiff have leave and be authorized to withdraw all Exhibits
by him filed in Said cause.
Page 467:
October Term AD 1854
State of Missouri
vs
Elcanah Cain
upon committal for contempt
Now at this day Comes the said Elcanah Cain as principal and Aaron
Trippet & David Chinn as his Surety and acknowledge themselves
Jointly and Severally to Stand indebted to the State of Missouri in
the Sum of Fifty dollars to be levied of their respective goods and
chattels lands and tenements to be rendered void upon condition that
the Said Elcanah Cain Shall make his personal appearance before the
Judge of this Court at the Court house in the Town of Osceola in the
County of St. Clair and State of Missouri on the first day of the
next term of this Court to testify as a witness before the Grand
Jury of Said County and further to answer for a contempt by him in
refusing to be Sworn as a witness before the Grand Jury of St. Clair
County at this term of this Court And not depart the Court without
leave.
Ordered that Court adjourn until tomorrow morning 7 oclock. De Wit
C. Ballou Circuit Judge
Friday morning November 3rd 1854 Court met pursuant to adjournment
present as on yesterday.
The Execution Docket was examined by the Court and found Correct.
It is Ordered by the Court that all business not otherwise
determined at this term be continued until the next term of this
Court.
Ordered that Court adjourn until Court in Course. De Witt C. Ballou
Circuit Judge
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