St. Clair County Circuit Court
Microfilm Transcripts

September Term 1844

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September Term A.D. 1844

At a Circuit Court Commenced And held at the Courthouse in the Town of Osceola in the County of St. Clair and State of Missouri on Monday the 30th day of September A.D. 1844 –
Present Foster P. Wright Circuit Judge
Charles P. Bullock Clerk
John L. Traberne Sheriff

The Sheriff of St. Clair County files herein the Venire for a Grand Jury for the Body of St. Clair County from which is sworn and empanelled the following named persons Towit – Samuel W. Harris foreman, John H. Dice, George W. McFarland, Joseph Culbertson, William Whitley, Josiah Whitley, Thomas Piper, Moses Puston, Enoch Luster, Raphael Bolds, Levi Gover, Calvin Waldo, George W. Preston, Benjamin T. Morris and Thomas N. Henley – And having received their Charge retired to Consider of their presentments.

Ordered that James Winston be appointed Circuit Attorney pro tem, at this time of this Court.

On motion of Edward C. Davis Esq’r, Waldo P. Johnson is permitted to assign the Roll as Counselor and attorney at law in this Court – Whereupon the said Waldo P. Johnson Signs the Roll.

James M. Whitney – Plff
vs
William Welch – Deft
Trover
Now at this day Comes the Defendant by his Attorney and files herein his motion to dismiss this writ for want of a bond to secure the Costs of suit.

James Breeden, admr of the estate of Jonas Heath deceased – Plff
vs
Peter Ashley – Deft
Assumpsit
Now at this day Comes The parties by their Attornies and the plaintiff by his attorney files herein his motion to suppress the deposition of Richard B. Heath Taken and filed in this Cause, which motion being seen heard and understood by the court is Sustained, And on motion of the said Defendant by his attorney and for good cause shown this Cause is Ordered to be Continued untill the next term of this Court at the defendants Costs, and on further

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motion of the said defendant by his attorney leave is given here to withdraw the depositions of Richard B. Heath.

Richard Thurston – Plff
vs
Alfred Wallace and Oraicumus Evans – Defts
Assumpsit
Now at this day Comes the parties by their attornies and upon their motion and Consent this Cause is Ordered to be Continued untill the next term of this Court.

Isaac Culbertson – Plff
vs
Edward T. Berry & Wm. C. Thompson – Defts
Petition in debt and Attachment
Now at this day Comes the plaintiff by his attorney and Suggests to the court here that the order of publication made at the last term of this court has not been published And on motion of said plaintiff It is again Ordered by the court here that the said Plaintiff Cause notice to be served upon the said Defendant Edward T. Berry by publication in some public newspaper published in this State for four weeks successively the last insertion to be at least four weeks before the commencement of the next term of this Court which Commences on Monday the (space) day of (space) A.D. 1845 Notifying the said Edward T. Berry that an action by petition in debt has been commenced against him by the said plaintiff for the sum of Sixty nine Dollars and fifty seven Cents, that a writ of Attachment has been sued out and his property attached and that unless he appear at the next term of this Court And on or before the third day thereof and plead to the action of the said plaintiff Judgment will be rendered against him and his property sold to satisfy the same and this Cause is ordered to be Continued untill the next term of this Court.

Joseph Culbertson – Plff
vs
Edward T. Berry & Wm. C. Thompson – Defts
Petition in debt & Attachment
Now at this day Comes the plaintiffs by his attorney and suggests to the Court here that the Order of publication made at the last term of this Court has not been published And on motion of said plaintiff It is again Ordered by the Court here, that the said plaintiff Cause notice to be served upon the said defendant Edward T. Berry by publication in some public newspaper published in this state for four weeks successively the last insertion to be at least four weeks before the Commencement of the next term of this Court which Commences on Monday the (space) day of (space) A.D. 1844 notifying the said defendant

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September Term A.D. 1844

Edward T. Berry that an action by petition in debt has been Commenced against him by the Said plaintiff for the sum of ninety five Dollars, that a writ of Attachment has been sued out and his property attached and that unless he appear at the next term of this court And on or before the third day thereof and plead to the action of the said plaintiff Judgment will be rendered against him and his property sold to satisfy the Same And this Cause is ordered to be Continued untill the next term of this Court.

Ordered that Court adjourn untill Tomorrow morning Eight of the Clock.
F.P. Wright Cir. J.

Tuesday Morning 8 of the Clock – Court met pursuant to adjournment.
Present as on Yesterday.

James Gardner – Plaintiff
vs
Avery B. Howard – Defendant
Case
Now at this day Comes herein the defendant by his attorney And files herein his plea of not Guilty.

Henry W. Crow – Plff
vs
William C. Thompson – Deft
Debt on note
Now at this day Comes the plaintiff by his attorney as well as the said Defendant by his attorney (William J. Hayes) who files herein a power of attorney from the said Defendant to confess Judgment in this Cause to the said plaintiff and the said Defendant by his attorney aforesaid says he Cannot deny but admits that the Said defendant is indebted to the said plaintiff in the sum of One hundred and fifty one Dollars for his debt and Thirty Two 35/100 Dollars for his Damages which the said plaintiff by his Attorney agrees to accept for his debt And damages aforesaid – Therefore it is considered by the court here That the said Plaintiff recover of the said defendant the sum of One hundred And fifty one Dollars for his debt and the Sum of Thirty Two 35/100 Dollars for his damages so Confessed as aforesaid Together with his cost and Charges in this behalf laid out and Expended and That he have Thereof his writ of Execution.

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September Term 1844

William B. Moore & Orville Greene – Plffs
vs
Simeon Poston – Deft
Appeal
Now at this day Comes the parties by their attornies and the defendant by his attorney says he Cannot deny but that he owes and stands indebted to the said Plaintiff in the sum of fourteen Dollars and Seventy Two Cents for his debt – which amount the plaintiff by his Attorney agrees to Accept – Therefore it is Considered by the Court here that the Said Plaintiff recover of the said defendant the sum of fourteen Dollars and Seventy Two Cents so Confessed as aforesaid together with his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

William H. Clark – Plff
vs
Edward T. Berry – Deft
Petition in debt and Attachment
Now at this day Comes the plaintiff by his attorney and on his motion this Cause is Ordered to be Continued untill the next term of this Court.

William B Moore and Orville Greene – Plff
vs
Edward T. Berry – Deft
Petition in debt and Attachment
Now at this day Comes the parties by their attornies and both parties being read for trial and neither requiring a Jury this Cause is Submitted to the Court. Whereupon the Court after hearing the Evidence do find that the defendant is indebted to the plaintiffs in the sum of Sixty Dollars

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September Term 1844

 for their debt and five dollars and fifty cents for their damages by way of interest – Therefore it is Considered by the Court here that the said plaintiffs recover of the said Defendant the sum of Sixty Dollars for debt and five Dollars and fifty Cents for damages so assessed as aforesaid Together with his Costs and Charges in this behalf laid out and Expended And that they have thereof their writ of Execution.

John B. Waldo – Plff
vs
Edward T. Berry & John M. Berry – Defts
Petition in debt
Now at this day comes the parties by their attornies and both parties being ready for trial and neither party requiring a Jury this Cause is submitted to the Court Whereupon the Court after hearing the evidence do find that the said defendants are indebted to the Said plaintiff in the Sum of Sixty Six Dollars for his debt And five Dollars and seventy cents for his damages – Therefore it is Considered by the Court that the said plaintiff recover of the said Defendants the sum of Sixty Six Dollars for his debt as well as the further sum of five Dollars and seventy cents for his damages so assessed by the Court as aforesaid Together with his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

Abraham Redfield
vs
Joseph Montgomery
Petition in debt
Now at this day Comes the parties by their attornies And both parties being ready for trial And neither party requiring a Jury this Cause is submitted to the Court – Whereupon the Court after hearing the Evidence do find that the said defendant is indebted to the said plaintiff in the Sum of Two hundred and thirty Eight Dollars and twelve Cents for his debt and forty Seven Dollars and twenty Cents for his damages Therefore it is Considered by the Court here that the Said plaintiff recover of the said defendant the Sum of Two Hundred and Thirty Eight Dollars and Twelve Cents for his debt as well as the further sum of forty Seven Dollars and twenty Cents for his damages so assessed by the Court as aforesaid together with his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

Henry L. Hicks – Plff
vs
James D. Gray & Abraham Allen – Defts
Appeal
Now at this day Comes the said plaintiff by his Attorney and the defendant although Solemnly Called Comes not but makes default – Wherefore the said Action of the said plaintiff against the said Defendant remains undefended, And whereas it is suggested and proved and manifestly appears to the Court here that the said plaintiff ought to recover against the said Defendant for his debt the sum of forty Seven Dollars and Twenty five Cents and the further sum of Seven Dollars and Thirty four Cents for his

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September Term A.D. 1844

damages by way of interest – Therefore it is Considered by the Court here that the said Plaintiff recover of the said Defendant the sum of forty seven Dollars and Twenty five Cents for his debt as well as the further sum of Seven Dollars and Thirty four Cents for his damages together with his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

Felix Hunton – Plff
vs
William H. Small & Henry T. Small – Defts
Appeal
Now at this day Comes the plaintiffs by his attorney and the defendants although Solemnly Called Comes not but makes default, wherefore the said action of the Said plaintiff against the Said Defendant remains undefended And whereas it is suggested and proved and manifestly appears to the Court here that the said Plaintiff ought to recover against the said Defendants for his debt the sum of five Dollars Therefore it is Considered by the Court that the said plaintiff recover of the said defendants the sum of five Dollars for his debt so Assessed by the Court as aforesaid together with his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

State of Missouri – Plff
vs
Samuel Haden – Deft
Indc’t Dram Shop Keeping
Now at this day Comes the Circuit Attorney who prosecutes for the state of Missouri as well as the said Defendant by his Attorney, and the said defendant by his Attorney files herein his Motion to quash this Indictment – Which motion being seen heard and fully understood by the Court is by the Court Overuled – Whereupon and by Consent of the parties, this Cause is Ordered to be Continued untill the next term of this Court.

Robert Williams – Plff
vs
Julius Sutliff, Edmund Nance & others – Deft
Petition in debt

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September Term A.D. 1844

Now at this day comes the Defendant by his Attorney and files herein his motion and affidavit for a Continuance of this Cause which motion being seen heard and fully understood by the Court and for good Cause Shown this Cause is Ordered to be Continued untill the next term of this Court at the defendants Costs.

Alborn D. Abston – Plff
vs
James Gardner – Deft
Assumpsit
Now at this day Comes the parties by their attornies and the said Defendant by his attorney files herein his motion to rule the said Plaintiff to Security for Costs – which motion being seen heard and fully understood by the Court And for good Cause Shown It is ordered by the Court that the said plaintiff file in this Cause his Bond with good and sufficient security for the costs in this cause Conditioned according to law at least thirty days before the Commencement of the next term of this court, And in default thereof this Cause is Ordered to be dismissed.

Edwin H. Hubbard – Plff
Vs
Warren C. Heath – Deft
Replevin
Now at this day comes the Defendant by his Attorney and by leave of the Court files herein his plea of not Guilty to the plaintiffs declaration.

County of St. Clair – Plff
vs
James Wilson, Robert Anderson And Theodrick Snuffer – Defts
debt
Now at this day Comes the Defendants by their Attorney And by leave of the Court files herein their plea of non est factum to the plaintiffs declaration.

James Whitney – Plff
vs
Wm. Welch – Deft
Trover
Now at this day Comes the parties by their Attornies And the Defendant by his attorney moves the Court to dismiss this Cause because the order of this Court made At the last term ruling the plaintiff to Security for Costs has not been Complied with

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September term A.D. 1844

and the said plaintiff offering no reasonable Excuse for his non complyance with said Order it is Ordered that this Cause be dismissed at the plaintiffs Costs – Therefore it is Considered by the Court here that the said Defendant recover of the said plaintiff his Costs and Charges in this behalf laid out and Expended And that he have thereof his writ of Execution.

Thomas Jones – Plff
vs
James A. Edas & John H. Allison – Defts
Petition in debt
Now at this day Comes the Defendants by their attorney And by leave of the Court flies herein their plea of nil Debit to the plaintiffs declaration.

Charles P. Bullock Clerk of this Court produces To the Court here the bond of John L. Trabern as Sheriff of St. Clair County. Which bond is by the Court examined and approved And Ordered to be recorded.

James Gardner & William Gardner – Plffs
vs
Alborn D. Abston & Benjamin H. Moore – Defts
Trespass
Now at this day Comes the parties by their attornies And the defendants by their attorney files herein their plea in abatement, to which the plaintiffs by their Attorneys files their demurrer which demurrer being agreed and the Court being sufficiently advised of and upon the law arising thereon – It is considered by the Court that the law is with the plaintiff, Therefore it is Considered by the Court that the said plaintiff recover against the said defendant the costs arising from said plea and demurrer and that he have thereof his writ of Execution.

Alborn D. Abston – Plff
vs
James Gardner – Deft
Assumpsit
Now at this day Comes the parties by their attorneys And the Defendant by his attorney files herein his demurrer to the plaintiffs declaration which demurrer being argued and the Court being sufficiently

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September Term A.D. 1844

Advised of and upon the law arising thereon it is considered by the Court that the law is with the Defendant – Therefore it is Considered by the Court that the said defendant recover of the said plaintiff his Costs in this behalf laid out And Expended, Whereupon the plaintiff by his Attorney moves the Court for leave to amend his declaration and to him leave is given.

The Grand Jury for the body of the County of St. Clair returned into Court here a true bill against Harden Hinesley and William Whitney for begging on an Election and against James Hornbeck as stake Holder on a wager & bet on an Election and having no further business before them were by the Court discharged.

State of Missouri – Plff
vs
Harden Hinesley & William Whitney – Defts
Indc’t for betting on Elections
On Motion of the Circuit Attorney who prosecutes for the State of Missouri it is Ordered that a writ of Capias issue in the Above Cause – against said defendants.

State of Missouri – Plff
vs
James Hornbeck – Deft
Indc’t for holding stakes on a bet on an Election
On Motion of the Circuit Court who prosecutes for the state of Missouri it is Ordered that a writ of Capias issue in this Cause against the said Defendant.

James Gardner & William Gardner – Plffs
vs
Alborn D. Abston & Benjamin H. Moore – Defts
Trespass
Now at this day again Comes the defendants by their attorney and by leave of the Court files herein their plea of Not guilty to the plaintiffs declaration also a notice to the plaintiffs of the facts they will rely upon the trial of this Cause.

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September Term A.D. 1844

Be it remembered that on this day Comes John L. Trabern – Sheriff of St. Clair County and presents to the Court here a deed by him executed to Wayman Crow for the following real estate to wit The North West Fraction of Section No. 20 in Township No. 38 in range No. 25 north of the Osage River and the said John L. Trabern as Sheriff as aforesaid being personally Known to the Court to be the person Whose name is subscribed to the said deed as having Executed the same Acknowledged the same to be his Act And deed for the purposes mentioned.

Ordered that Court adjourn untill Tomorrow morning Eight Oclock.
F.P. Wright Cir Judge

Wednesday Morning Eight of the Clock
Court met pursuant to Adjournment
Present as on Yesterday

Be it remembered that on this day personally appeared John L. Trabern Sheriff of St. Clair County before the Judge of the St. Clair Circuit Court and presents to the Court here a deed by him executed as sheriff as aforesaid to Waldo P. Johnson to the following described real Estate To wit The east half of the north west quarter of section No. 27 in Township No. 38 and Range No. 25 west and the south west quarter of the south east quarter of Section No. 22 in Township No. 38 and range No. 25 west Also the west half of North East quarter of Section No. 27 in Township No. 38 and range No. 25 west – and the said John L. Trabern being personally Known to the Court to be the person whose name is subscribed to said deed as having Executed the Same acknowledged the same to be his act and deed for the purposes therein Mentioned.

Now at this day comes Robert Stewart and files his petition to the St. Clair Circuit Court which petition is in the word and figures To Wit

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September Term 1844

“To the Hon. The Judge of the St. Clair Circuit Court
Your petitioner Robert Stuart States that on the Second day of August A.D. 1842 he purchased at Sheriffs Sale a large amount of Real Estate Sold by John Smarr then acting Sheriff of St. Clair County on an Execution of Goddin Hennett and Walker against Philips Crow & Larkin H. Blake. That he paid to the said John Smarr the full amount of the Money bid for the Said real Estate at such sale – And that the said John Smarr departed this life without having Executed a deed of Conveyance to Your petitioner – Your Petitioner Therefore prays that the present Sheriff May be Ordered to make and Execute a proper deed of Conveyance. Robt Stuart”
Whereupon it appearing to the Court from the action upon the Execution in said petition mentioned that the said John Smarr Sheriff of St. Clair County deceased levied on and Sold according to law the following real Estate Towit Lot No. 6 in Block No. 5, Lot No. 12 in Block No. 5, Lot No. 8 in Block No. 6, Lot No. 2 in Block No. Seven, Lot No. 1 in Block No. 16, Lot No. 1 in Block No. 35, Lot 3 in Block No. 34, Lot No. 11 in Block No. 15, Lots 8 & 9 in Block No. 11, Lot No. 1 in Block No. 14, Lots No. 9 & 10 in Block No. 19, Lots No. 9, 10 & 11 in Block No. 20 – Lot No. 3 in Block No. 22, Lots No. 3, 4 & 5 in Block No. 27, Lots 4, 5, 6, 7 & 10 in Block No. 30, Lots No. 1 & 2 in Block No. 31, Lot No. 3 in Block No. 32, Lots No. 7 & 8 in Block No. 35, Lots 4, 7, 8, 11 & 12 in Block No. 39, Lots No. 7 & 8 in Block No. 40, Lots No. 4, 7, 8, 11 & 12 in Block No. 39, Lots No. 7 & 7 in Block No. 40, Lots 9 & 10 in Block No. 41, Lot No. 5 in Block No. 42, Lots 6 & 12 in Block No. 42, Lots No. 3, 4, 5, 6, 9, 10, 11 & 12 in Block No. 43 described And Known as upon the Town plat of the Town of Osceola in St. Clair County, And that Robert Stuart became the purchasor therein he being the highest and Best Bidder And that the purchase money was paid by the said Stewart to the said John Smarr as Sheriff as aforesaid at the time of said Sale of said Lots or parcels of land – and that no deed has been issued – It is therefore Ordered by the Court that John L. Trabern the now legal & Acting Sheriff of said County Execute a deed to the said Stuart for the aforementioned Lots and tracts of land – Whereupon the Said John L. Trabern as Sheriff as aforesaid presents to the Court here a deed for the aforesaid Lots & parcels of land – Who is Known to the Court to be the person whose name

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September Term 1844

is subscribed to said deed as having executed the same and acknowledged the same to be his act and deed for the purposes therein mentioned.

Ordered that all Causes and motions not otherwise disposed of be Continued untill the next term of this Court.

Ordered that Court adjourn untill Court in Cause.
F.P. Wright
Cir Judge

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