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Circuit Court Law Order Book, 1850, Summer and Fall Term (July and September, 1850)
July 30th, 1850. 19 In the Clerk's Office of the Circuit Court of Russell County, July 30th 1850. Augustus W. Aston Plaintiff The defendant, by consent of the plaintiff, confesses judgment for $65.32 with lawful interest thereon from the 23d day of January 1849 till paid, the debt and interest in the writ in this case mentioned and costs, subject to the credits endorsed on the writing obligatory upon which the suit is founded. Therefore, it is considered, that the plaintiff recover against the defendant $65.32 his debt aforesaid with interest thereon as aforesaid and his costs by him about his suit in the behalf expended. Subject to a credit of ten dollars, March 7th 1849, and $20 July 30th 1850; and execution is stayed till 1st day of October next. ----------------------- The Same Plaintiff The defendant, by consent of the plaintiff, confesses judgment for $60.96 with lawful interest thereon from the 29th day of November 1849 till paid, the debt and interest in the writ in this case mentioned and costs, subject to the credits endorsed on the writing obligatory upon which the suit is founded. Therefore, it is considered, that the plaintiff recover against the defendant $60.96 his debt aforesaid with interest thereon as aforesaid and his costs by him about his suit in the behalf expended. Subject to a credit of $1.50 Decr. 1, 1849, and $30.00 July 30, 1850;; and execution is stayed till 1st day of October next.
At a Circuit Court held for Russell County, at the Courthouse, on Monday, the 16th day of September, 1850. Present, Benjamin Estill, Esquire Judge of the 15th Circuit. --------------- The Comm'lth vs. James Short, Deft., On an Indt. for an assault This day came as well the attorney for the Commonwealth, as the Defendant, by his attorney, and also a jury, to wit: David J. Ayers, William A. Harrison, Daniel Dotson, Martin Fraley, William H. Dean, Josiah D. Browning, James Sullivan, James Will, Richard Compton, Rolling R. Redwine, Thomas J. Richardson and Thomas C. McCleary; who, being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Deft is guilty in manner and form as in the indictment against him is alledged, and they so assess the fine of the deft to five dollars besides the costs. Therefore it is considered by the Court, that the Commonwealth recover against the Deft. the said fine of five dollars and the costs of this prosecution. --------------- The Comm'lth vs. Joseph Fields, Deft., On an Indt. for a Trespass This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: David J. Ayers, William A. Harrison, Daniel Dotson, Martin Fraley, William H. Dean, Josiah D. Browning, James Sullivan, James Will, Richard Compton, Rolling R. Redwine, Thomas J. Richardson and Alexander L. Bratton; who, being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendant is guilty on manner and form as in the indictment against him is alledged, and they do assess his find to five dollars besides the costs. Therefore it is considered by the Court, that the Commonwealth recover against the Deft. the said fine of five dollars and the costs of this prosecution.
Monday September 16th, 1850. 21 Rees B. Gillespie for the benefit of William P. Cecil, Plaintiff This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff, for the benefit of the said William P. Cecil recover against the Defendants $482.26, the penalty of said bond, and his costs by him in the behalf expended: But, to be discharged by the payment of $241.63 with legal interest thereon from the 1st day of July 1850 till paid, and the costs; and execution is awarded accordingly.
Nathaniel Childers Plaintiff This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $311.80, the penalty of said bond, and his costs by him in the behalf expended: But, to be discharged by the payment of $135.90, with interest thereon to be computed after the rate of six per centum per annum from the 4th day of May 1850 till paid, and the costs; and execution is awarded accordingly. -------------- Thomas C. M. Alderson and Edward D. Kernan Plaintiffs This day came the Plaintiffs, by their Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $229.60, the penalty of said bond, and their costs by him in the behalf expended: But, to be discharged by the payment of $114.80, with interest thereon to be computed after the rate of six per centum per annum from the 4th day of May 1850 till paid, and the costs; and execution is awarded accordingly. -------------- Charles W. Cooper Plaintiff This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $771.58, the penalty of said bond, and their costs by him in the behalf expended: But, to be discharged by the payment of $360.79, 22 Monday, September 16th, 1850.
William L. Graham & Co. Plaintiffs This day came the Plaintiffs, by their Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $147.66, the penalty of said bond, and their costs by him in the behalf expended: But, to be discharged by the payment of $73.83, with interest thereon to be computed after the rate of six per centum per annum from the 4th day of May 1850 till paid, and the costs; and execution is awarded accordingly. -------------- William J. Dickenson and John W. Staliard who have been duly licensed to practise the law in the Courts of the Commonwealth, on their motion have leave to practise in this Court, and thereupon they severally took the oath of fidelity of the Commonwealth and the oath of an Attorney at law. -------------- Henry Bowen for Louisa S. Johnston Demandant The Plaintiff having departed this life, Rees. T. Bowen, his devisee is substituted for him in the case. -------------- Alfred Short who stands indicted for uttering and publishing as true a certain false, forged, and counterfeit Bank note and passing the same as true, was brought to the bar in custody of the keeper of the Jail of this County, and being thereof arraigned pleaded not guilty to the indictment; whereupon, cam a jury to wit:
Tuesday, September 17th 1850. 23 Alfred Short is remanded to jail. -------------- Ordered that the Sheriff summon 24 persons qualified, according to law to attend the Court here on tomorrow as jurymen. -------------- Ordered that the Court be adjourned till tomorrow morning at 10 Oclock. B. Estill.
Present, Benjamin Estill, Esquire Judge of the 15th Circuit. The said Grand Jury after some time returned into Court and presented. - An Indictment against Charles Short and Sally Mullins for lewdly and lasciviously associating and cohabiting together, a true bill; An Indictment against Isaiah Wilcox and Sally Mullins for lewdly and lasciviously associating and cohabiting together, a true bill; An Indictment against Fountain Dye and Polly Darnolds for lewdly and lasciviously associating and cohabiting together, a true bill; An Indictment against William McAlister and Tempsey Nichols for lewdly and lasciviously associating and cohabiting together, a true bill; An Indictment against Reuben Fraley and Lucy Evans for lewdly and lasciviously associating and cohabiting together, a true bill; And then, the said Grand Jury, not having decided on all the cases brought before them, were again adjourned till tomorrow morning at 10 O'clock. -------------- The Commonwealth vs. Frederick Clark, Deft. Indt. for an assault This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: Thomas Bohannon, Jacob Minnick, James F. Litton, John Dickenson, James Sullivan, Aaron L. Hendricks, Griffith Dickenson, Wm. H. Dean, Drury Puckett, Robert Puckett, Harry S. Edwards & Wm. Lambert, who, being elected, tried and sworn the truth to speak upon the issue joined. (Harry S. Edwards having been a member of the Grand jury that formed the Indictment against the deft not being objected to by either party) upon their oath do say that the Deft.
is not guilty as in pleading he hath alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill and that the Defendant go thereof without day. ---------------- William Monk. Plaintiff This day came the parties by their Attornies, and also a jury, to wit: Thomas Bohannon, Fleming Burk, James F. Litton, Richd. L. Meade, James Sullivan, Aaron L. Hendricks, Griffith Dickenson, William H. Dean, Drury Puckett, Robert Puckett, Henry S. Edwards, & Wm. Lambert, who, being elected, tried and sworn the truth to speak upon the issues joined, upon their oath do say that they find for the Plaintiff $106.07 with interest thereon from the 1st day of November 1844, part of the debt assumed by him to be paid by the Defendant in the declaration mentioned. Therefore it is considered by the Court that the Plaintiff recover against the defendant the aforesaid sum of $106.07 with interest thereon as aforesaid, and his costs by him about his suit in the behalf expended. ---------------- Anderson Hendricks, for the benefit of Martin Garrett Plt This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff for the benefit of the said Martin Garrett, recover against the Defendants $250.98, the penalty of said bond, and his costs by him in the behalf expended: But, to be discharged by the payment of $128.49, with interest thereon to be computed after the rate of six per centum per annum from the 7th day of May 1850 till paid, and the costs; and execution is awarded accordingly. ---------------- William G. Clark Plaintiff This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $209.72, the penalty of said bond, and his costs by him in the behalf expended: But, to be discharged by the payment of $104.86, with interest thereon to be computed after the rate of six per centum per annum from the 7th day of May 1850 till paid, and the costs; and execution is awarded accordingly.
Tuesday, September 17th, 1850. 25. Beverly R. Johnson Plaintiff This day came the Plaintiff, by his Attorney, and it appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $147.42, the penalty of said bond, and his costs by him in the behalf expended: But, to be discharged by the payment of $73.71, with interest thereon to be computed after the rate of six per centum per annum from the 7th day of May 1850 till paid, and the costs; and execution is awarded accordingly. -------------- Alfred Short, late of the County of Russell who stands indicted for uttering and employing as true a certain counterfeit bank note, was again led to the bar in custody of the jailor of Russell County, and the jury sworn yesterday for his trial were brought into Court by the Sheriff of said County, were then sent out of court again to consider of their verdict, but not having agreed in a verdict at the time when the Court was about to adjourn, were, with the consent of the said Alfred Short again committed to the custody of the said Sheriff, who is directed to keep them together without communication with any other person, and he cause them to appear before the Court on tomorrow morning at 10 Oclock, whereupon an oath was administered to Robert Boyd, Isaac Vermillion and Jesse Browning that they should well and truly, to the best of their ability keep the jury, and neither speak to them themselves, no suffer any person to speak to them touching any matter relative to this trial, until the return in Court tomorrow. And the said Alfred Short is remanded to jail. -------------- The Comm'lth vs. Granville Short, Deft. Indt. for Grand Larceny The plurias capias awarded at the last term not being executed, on the motion of the Attorney for the Commonwealth other capiases are awarded returnable here at the next Term, and these causes are till then continued. -------------- The Comm'lth vs. John Powers, Deft. On an Indictment for an assault Ordered that these cases be continued till the next Term.
The Comm'lth vs. James F. Litton, Deft. Indt. for retailing ardent spirits without a license. Ordered that this case be continued till the next Term for the Commonwealth.
26. Tuesday, September 17th 1850 The Comm'lth vs The Justices of Russell, Defts. On a Rule &c. This Rule is enlarged and continued till the next Term. -------------- The Comm'lth vs. Calvin Short, Deft., Indt. for an assault The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute upon these indictments. -------------- The Commonwealth The Defendant by consent of the Attorney for the Commonwealth and assent of the Court confesses judg't for a fine of one dollar and the costs. Therefore it is considered by the Court, that the Commonwealth recover against the deft the said fine of one dollar, and the costs of this prosecution. -------------- The Commonwealth vs. James Bush, Deft., on 2 indts. for assaults The defendant by his Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issues is continued till the next Term. -------------- The Commonwealth vs. Lilburn McFarlane, Deft. The summons awarded at the last Term not being executed a new summons is awarded against the Deft returnable here at the next Term, and this case is till then continued. -------------- The Commonwealth vs. Ann Whited, Deft. Indt. for an assault The summons awarded against the Defendants at the last Term, being executed, and they not appearing though solemnly called, On the motion of the Attorney for the Commonwealth, a Capias is awarded against the Defendant in each of these cases returnable here at the next Term, and these cases are till then continued. -------------- The Commonwealth The summons awarded at the last term against the Deft Wm. not being executed, and he failing to appear, on the motion of the Attorney for the Commonwealth, a Capias is awarded against the s'd Defendant in each of these cases returnable here at the next Term. The deft Jesse appeared by Dale Carter his Attorney, pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issues is cont'd till the next Term.
Tuesday, September 17th 1850. 27. The Commlth vs. Jane Jordan, Deft. Indt. for an assault On motion of the Attorney for the Commonwealth, it is ordered that these several indictments be quashed. --------------- William C. Preston and others for Stephen Gose Demandants The parties mutually submit all matters in difference between them in this cause to the decision of Samuel W. Aston, Samuel Leece, James Dickenson, John Dickenson and John Bickley whose award thereupon, or that of a majority of them is to be made the judgment of the Court, and the same is ordered accordingly. --------------- Ordered that the Sheriff summon 24 persons qualified according to law to attend the Court here on tomorrow as jurymen. --------------- Ordered that the Court be adjourned till tomorrow morning at 10 Oclock. B. Estill.
28. Wednesday, September 18th 1850. At a Circuit Court continued and held for Russell County at the Courthouse on Wednesday, the 18th day of September 1850. An indictment against Cornelius McLaughlin for an assault, a true bill; The Grand Jury, by permission of the Court, struck out the presentment made on the first day of the Term against Alfred Short for passing Counterfeit coin.
Wednesday, September 18th 1850. 29. And then the said Grand Jury having finished all the business before them were discharged. --------------- The Commonwealth The Defendant by consent of the Attorney for the Commonwealth and assent of the Court confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution. --------------- Ordered that process be issued upon the several indictments found at this term by the Grand Jury not already acted upon returnable here at the next Term. --------------- Alfred Short late of the County of Russell who stands indicted for uttering and employing as true a certain counterfeit bank note, was again led to the bar in custody of the jailor of Russell County, and the jury heretofore sworn for his trial were brought into Court by the Sheriff of said County, and not having yet agreed in a verdict, by Consent as well of the Attorney for the Commonwealth as of the prisoner, the said jury were discharged and the prisoner is admitted to give bail for his appearance before the Court at the next term to stand a trial upon said Indictment in the sum of $200; but being unable to find security he is again remanded to jail. --------------- Jeremiah T. Chase, Thomas G. Sowards, George W. Stacy, Wm. Robinson, Wesley Sowards & Lewis B. Payne in Court acknowledge themselves to be severally indebted to the Commonwealth of Virginia in the sum of One hundred dollars each, of their respective lands and tenements, goods and chattels to be levied and to the said Commonwealth for the use thereof to be rendered. Yet, upon condition, that if the said Jeremiah T. Chase, Thomas G. Sowards, George W. Stacy, William Robinson, Wesley Sowards & Lewis B. Payne, shall severally appear before the judge of this Court at the next April Term to give evidence on behalf of the Commonwealth against Alfred Short who stands indicted for passing a certain Counterfeit Bank note, and shall not depart thence without the leave of the said judge, then this recognizance to be void. --------------- Aaron Hendricks. Plaintiff This day came the plaintiff by his Attorney and as appearing in proof that the Defendants have been legally notified, they were solemnly called and not appearing it is considered by the Court that the plaintiff recover against the Defendants $158.94 the penalty of said bond, and his costs by him in
30. Wednesday, September 18th 1850
---------------- Daniel Dotson, Executor of John Justice deceased Applt. This day came the parties, by their Attornies, and the Record of said order being seen and inspected, the testimony of sundry witnesses and the arguments of Counsel full heard, it seems to this Court that said writing which was also presented in and inspected by the Court is the true last Will and Testament of the Testator executed agreeably to the provisions of the Statutes in such case provided, that the Testator at the time of making and publishing the same was of sound mind and memory, and that undue influence was not exercised over him in the making thereof. Therefore it is considered by this Court that the said order of said County Court be reversed and annulled, and that the Appellent recover against the Appellee his costs expended here as well as in the said County Court in relation to said Writing, which is ordered to be recorded in the Court; and on the motion of the said Daniel Dotson executor therein named who made oath, and together with Wm. Robinson, James Robinson and William B. Aston his securities, ordered into and acknowledged a bond in the penalty of One thousand Dollars conditioned according to law, certificate is granted him for obtaining letters testamentary in due form. --------------- Ordered that Isham Hall, James McFalls, James Robinson and David Mullins, or any three of them being first sworn before a justice of the peace for that purpose, do appraise in current money the personal estate of John Justice deceased and return an inventory thereof under their hands to the Court. --------------- John M. Preston, Dem'dt. vs. Jas. Campbell & other Tenants, on a writ of Right. Ordered that these cases be continued till the next term. --------------- Ruth Darnold Plaintiff
Wednesday, September 18th 1850. 31. The arbititrators to whom the matters in difference between the parties in this cause were submitted by a rule of this Court at the last Term, having made and rendered their awards and there being no exception thereto; it is considered by the Court, that the suit be dismissed, and that the Defendant recover against the Plaintiff his costs by him about his defence in the behalf expended. --------------- Elizabeth Garrett Plaintiff The arbititrators to whom the matters in difference between the parties in this cause were submitted by a rule of this Court at the last Term, having made and rendered their awards and there being no exception thereto; it is considered by the Court, that the suit be dismissed, and that the Defendant recover against the Plaintiff his costs by him about his defence in the behalf expended. --------------- Jacob Rasnick Plaintiff This came came the parties, by their Attornies, and the Defendant withdrawing the demurrer by him heretofore filed, filed a special plea, to which the Plaintiff replied, and an issue joined thereon: whereupon came a jury to wit: Robert Fugate, John W. Martin, Austen B. Smith, Milton Webb, Daniel J. Ayres, Davis Vencil, Ezekiel B. Garrett, David G. Martin, John W. Litton, Samuel Robinson, Henry Dickenson and Stephen Benner, who, being elected, tried and sworn the truth to speak upon the issues joined were adjourned till tomorrow morning at 10 o'clock. --------------- Samuel F. Ramsey Plaintiff By agreement of the parties in Court, this suit is dismissed at the Costs of the Defendant, except the Attorneys fees. --------------- Ordered that the Sheriff summon 24 persons qualified according to law to attend the Court here on tomorrow as jurymen. --------------- Ordered that the Court be adjourned till tomorrow morning at 10 o'clock. B. Estill.
32. Thursday, September 19th 1850. At a Circuit Court continued and held for Russell County at the Courthouse, on Thursday the 19th day of September 1850. Present, Benjamin Estill Esquire, Judge of the 15th Circuit. Jacob Rasnick Plaintiff This day came again the parties by their Attornies, and the jury yesterday sworn to try the issues in the cause appeared in Court according to their adjournment, and having heard the evidence upon their oath do say that they find the issues for the Defendant. Therefore, it is considered by the Court, that the Plaintiff take nothing by his bill, and that the deft go thereof without day, and recover against the plaintiff his costs by him about his defence in this behalf expended. --------------- John Benner, Plt. vs. Bromfield McCoy, Deft., In case. Ordered that this cause be continue till the next Term at the Defendants Costs. --------------- James C. Shoemaker & wife Plaintiff The Defendants by their Attorney filed Special pleas, to which the Plaintiffs by their Attorney relied generally, put themselves upon the country, and the Defendants likewise: whereupon it is ordered that the Write of Enquiry awarded at the rules be set aside; and the trial of the issues is continued till the next Term. --------------- John W. Fields Plaintiff On motion of the Plaintiff by his Attorney who states that since the last Term of this Court the Defendant has been united in marriage to one Caleb Hawkins it is ordered that a scire facias be issued out against the said Caleb Hawkins to show cause why this suit should not be proceeded against him to a final trial, returnable here at the next Term. And it appearing to the satisfaction of the Court, that that the Plaintiff is not an inhabitant of this State, on the motion of the Defendant, by his Attorney, it is ordered that the suit be dismissed at the next Term, unless security for the payment of such costs and Damages as may be awarded the Defendant, and also of the fees which will become due from the Plaintiff to the officers of this Court, be given with the Clerk within sixty days from this time. And the Cause is continued till the next Term. --------------- Harry Smith Demandant The Demandant having lately departed this life, it is ordered
that this suit be revived in the name of his heirs; and the cause is continued till the next Term. ------------ Shadrach White & others for John Stinson Demandants Ordered that this case be continued till the next Term. ------------- Rees T. Bowen devisee of Henry Bowen for the benefit of Louisa S. Johnston Demandant This Tenant by his Attorney filed his plea, the Demandant replied generally thereto, and the mise being joined the trial thereof is continued till the next Term. ------------- James W. Hendricks Plaintiff The Arbitrators to whom the matters in difference between the parties in the cause were submitted by a rule of the Court at the last Term, having made and rendered their award, and there bing on exceptions offered thereto; it is considered by the Court in pursuance thereof that this suit be dismissed, and that the Defendant recover against the Plaintiff his costs by him about his defence on this behalf expended. ------------- John Miller for the benefit of John Roach Plaintiff The Plaintiff not desiring further to prosecute the suit, it is ordered that the same be dismissed, and that the Defendant recover against the said John Roach his costs by him about his defence in this behalf expended. ------------- Augustus W. Aston Plaintiff Aaron Hendricks is appointed Guardian ad litem of the Deft. John Litton who is insane: whereupon the said Defendant by his said Guardian file a plea on non est factum in each case, which was sworn to in Court by him; the plt replied and issues being joined the cases are continued for the Defendants till the next Term. ----------- Ordered that the Sheriff summon 24 persons qualified according to law, to attend the Court here on tomorrow as jury men. Ordered that the Court be adjourned till tomorrow morning 10 O'clock. B. Estill
34. Friday, September 20th 1850. At a Circuit Court continued and held for Russell County at the Courthouse, on Friday the 20th day of September 1850. Present. Benjamin Estill Esquire Judge of the 15th Circuit. Alfred Short, late of the County of Russell, who stands indicted for feloniously passing a counterfeit Bank note, for whose trial a jury had been empanneled and sworn during the previous part of the term but did not agree in a verdict, was again brought and sat to the bar at his own request; and withdrawing his plea of not guilty heretofore pleaded, by permission of the Court now pleads Guilty to the indictment: whereupon, by his consent and the assent of the Attorney for the Commonwealth, a jury was empanneled to wit: Richard H. Lynch, James C. Dickenson, Francis Lark, Joseph Hackney, Jacob Rasnick, Thomas C. McClearey, John A. Pruner, Meredith C. Logan, James P. Warren, Augustus W. Aston, Alexander L. Bratton and Samuel W. Aston, who being sworn the truth of and upon the promises to speak upon their oath do ascertain the term of imprisonment of the said Alfred Short in the Penitentiary of the State to be two years. Therefore; it is considered by the Court, that the said Alfred Short for the felony aforesaid to imprisoned in the public jail and penitentiary house of the Commonwealth for the term of two years, the period by the jurors in the verdict ascertained therein to be kept and treated in the manner directed by law. And, it is ordered, that the Sheriff of Russell County do, as soon as possible after the adjournment of this Court, remove and safely convey the said Alfred Short from the jail of this Court to the said public Jail and Penitentiary house for confinement and treatment therein according to law. And the Court doth direct the following statement of the case to be made and transmitted to the directors of the penitentiary: The Court has not had time to inform itself of the provisions of the new Code, which it has not seen till the commencement of this circuit; but supposing it proper, proceeds to make the statement required by the former statute. Therefore, the Court doth order it to be certified to the directors of the penitentiary, that the prisoner, Alfred Short, a youth, was convicted at the present Term on his own confession, in open Court, of feloniously passing a two dollar counterfeit Bank note, purporting to be a note on the bank of Indiana. On the first day of the term the prisoner was arraigned on the charge and pleaded not guilty, and a jury were empanneled, who not agreeing in a verdict, were, with the prisoner's consent discharged on the third day of the term. The Court feeling great commiseration for the prisoner, and not thinking the evidence against him conclusive, offered to bail him in the sum of $200; but in consequence of the infamy of his family and connections, he could not give bail, though the Court believes this to be the first offence imputed to the prisoner, and has heard no other evil of him, beyond his
Friday, September 20th 1850. 35. connection with an infamous family. On the evening of the third day of the term the prisoner hung himself in the jail with his bed clothes, but was discovered and cut down before life was entirely extinct. The prisoner, after resussitation said, he would rather die than be confined in the jail (a most unpleasant one) till the next Term. Whereupon, he petitioned the Court for leave to plead guilty and go to the penitentiary at once, though he strongly denied the guilty knowledge charged in the indictment, but finally preferred to plead guilty, which he did and the jury rendered the verdict found in the record. This is a short history of his case. In consideration of his youth and bad raising, and some uncertainty as to his guilt, the Court feels the strongest sympathy for him, and would have dismissed the prosecution and discharged him, had it not believed it would thereby have usurped the functions of the executive. The Court therefore does all it believes it has power to do, strongly and urgently recommends him to be instantly pardoned by the executive, who knows something of the Sandy country in which this unfortunate though was raised, the lawlessness of which, may be justly compared to that of the worst aborigines of the country, though of late greatly improved in its morals and standing. The Court also recommends him to the kindness of the keepers of the penitentiary. --------------- Joseph Hackney Plaintiff This day came the parties by their Attornies, and also a jury, to wit: Alexander L. Bratton, John R. Hendricks, Jacob Rasnick, Stephen Gose, William N. Leece, John T. Smith, Alexr. Combs, William M. Morison, Ira Reynolds, Abraham Fuller, John W. Litton and James F. Litton, who being elected, tried and sworn the truth to speak upon the issue joined, and not agreeing in a verdict, were, with the consent of the parties discharged; and the cause is continued till the next Term for other proceedings to be had therein. --------------- William C. Preston and others for the benefit of Stephen Gose Demandants This day came the parties by their Attornies, and the Tenants attorney withdrawing the plea by him heretofore pleaded, saith he is not further informed of any other defence to be made by the tenant, whereby he remains entirely undefended in the same. Therefor it is considered by the Court, that the Demandants, for the benefit of the said Stephen Gose recover against the Tenant their seison of the tract of land with its appurtenances in the Court mentioned to hold to them and their heirs, for the benefit of the said Stephen
36. Friday, September 20th 1850.
--------------- Abner Carty Plaintiff On motion of the Plaintiff by his Attorney, and it appearing to the Court that the defendant has departed this life, a write of scirefacias is awarded him to revive this suit against Henry D. Smith and John W. Lampkin administrators of the said deceased, returnable here at the next Term, till when the cause is continued. --------------- Rolling R. Redwine Plaintiff The Defendant by his counsel offered five special pleas in his defence of the Plaintiff's action, to the reception and filing of which the Plaintiff by his counsel objected; but the Court overruled the objection, and permitted the said pleas to be file (to which the plaintiff filed a bill of exceptions;) the Plaintiff then replied generally to the said pleas, put himself upon the country and the defendant likewise; and the trial of the issues is continued till the next Term. --------------- Joseph Hackney Plaintiff On motion of the Plaintiff for a continuance of this case the same is continued till the next Term at his costs. --------------- The Commonwealth vs. James Robinett, motion on two forth coming bonds. These cases are continued till the next Term. --------------- Charles S. Bekem the Attorney for the Commonwealth in this Court, is allowed the sum of fifty dollars for his services during the present Term. --------------- James P. Carrell Clerk of this Court and Peter B. Henritze keeper of the jail of Russell County are allowed each the sum of fifteen dollars for their public services since the last term; George W. Johnson Sheriff of this County is allowed the sum of ten dollars for his public services since the last Term; Which several allowances are ordered to be certified to the Auditor of public Accounts.
[Friday, September 20th 1850.] 37 The following Accounts were allowed by the Court, and ordered to be certified to the Auditor of Public Accounts: Peter B. Henritze keeper of the Jail of Russell County for imprisonment and support of Alfred Short charged with felony $32.61 George W. Johnson, Sheriff of Russell County for summoning a venire in the case of the Commonwealth against Alfred Short charged with felony, and the allowance directed by law to be paid by him to said venire $49.56 Isaac Vermillion deputy Sheriff, for executing a venire facias in the same case $1.50 Robert Boyd, for dieting and lodging the venire in the same case $24.00 --------------- Ordered that the Sheriff be permitted to employ two guards for the safe conveyance of Alfred Short to the Penitentiary convicted of felony, the Court believing that number to be necessary. -------------- Ordered that the Court be adjourned till the first day of the next Term. B. Estill |
