|
Circuit Court Law Order Book, 1854, September Term
119
In the Clerk's Office of the Circuit court of Russell County on the 4th day of September 1854.
Leonard Shoemaker Complt.
vs. } In Case.
Russell Musick Deft.
The defendant being arested under a capias issued in this case was brought into the Clerk's Office & with the assent of the plaintiffs attorney acknowledged the Pltfs. action for the sum of $63.93 cents with legal interest thereon from the 8th day of November 1842 till paid. It is therefore considered that the Pltf. recover against the Deft. the sum of $63.93 with legal interest thereon from the 8th day of Nov. 1842 till paid & his costs in his behalf expended.
120 Monday September 18th 1854
At a Circuit Court held for Russell County at the courthouse thereof on Monday the 18th day of September 1854.
Present George W. Hopkins Esq. Judge.
On the motion of James P. Carrell Clerk of this court, Jacob Lynch is admitted as his deputy and thereupon the oath to support the Constitution of the United States, the oath of fidelity to this Commonwealth, the oath against duelling and the oath of office were administered to him.
Richard L. Mead, Foreman, William Gibson, Andrew Fraley, Absalom Baugh, Henry Fogleman, Oliver H. Price, Edeward Dotson, John Isaacks, Abram Thomas, Benjamin E. Johnson, Michael Sword, John Stinson, William Campbell, Nelson Gray, Charles H. Monk, Samuel Taylor, Thomas J. Riley, Jonathan Boyd, Christopher Taylor, Thomas Payne, Thomas Mead, and Robert P. Dickenson were sworn a Grand Jury of Inquest for the body of the county received their charge, withdrew from the bar to consult upon their presentments, and after some returned into court, but not having time to go through with their presentments, they are adjourned until to morrow morning ten OClock.
The Commonwealth
vs. } On an Indictment for an assault.
Thomas J. Riley deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Southerland, David Counts, William C. Bickley, William Combs, William Jessee, Thomas Gibson, Major A. Fletcher, William Cumbo, Samuel Burnett, Abner Harding and Nimrod Kizer who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said defendant is guilty in manner and form as in the indictment against him is alleged, and they do assess his fine to the sum of one dollar: Therefore it is considered by the court that the defendant make his fine by the payment of one dollar to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Lorenzo D. Carrell deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Harvey Taylor, Andrew L. Jackson, James B. Low, Thompson Combs, Ancil Ascue, Joel Fields, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, George W. Martin, John P. Dickenson and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said defendant is not guilty in manner and form as in the indictment against him is
Monday September 18th 1854 121
alleged, as by pleading he hath alleged: Therefore it is considered by the court that the defendant be acquitted of the said indictment, and go hence thereof &c.
The Commonwealth
vs. } On an Indictment for an assault.
John W. Duncan deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Harvey Taylor, Andrew L. Jackson, James B. Low, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, George W. Martin, John P. Dickenson and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is guilty in manner and form as in the indictment against him is alleged, and they do assess his fine to the sum of fifty cents: It is therefore considered by the court that the deft make his fine by the payment of fifty cents to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Michael Lark junr. deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Southerland, David Counts, William C. Bickley, Abner Harding, William Cumbo, William Jessee, John Honaker, Major A. Fletcher, William Combs, Samuel Burnett and Nimrod Kizer who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said defendant is not guilty in manner and form as in the indictment against him is alleged, as by pleading he hath alleged: Therefore it is considered by the court that the defendant be acquitted of the said indictment, and go hence thereof &c.
The Commonwealth
vs. } On an Indictment for carrying concealed weapons.
William Monk deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Harvey Taylor, Andrew L. Jackson, James B. Low, Thompson Combs, Joel F, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, John W. Martin, John P. Dickenson and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is not guilty in manner and form as in the indictment against him is alleged, as by pleading he hath alleged: Therefore it is considered by the court that the defendant be acquitted of the said indictment, and go hence thereof &c.
122 Monday September 18th 1854
The Commonwealth
vs. } On an Indictment for carrying concealed weapons.
Josiah Tignor deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Southerland, David Counts, William C. Bickley, Abner Harding, William Jessee, John Honaker, Thomas Gibson, Major A. Fletcher, William Cumbo, Samuel Burnett & Nimrod Kizer who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is not guilty in manner and form as in the indictment against him is alleged, as by pleading he hath alleged: Therefore it is considered by the court that the defendant be acquitted of the said indictment, and go hence thereof &c..
The Commonwealth
vs. } On an Indictment for an assault.
Ann Whited Deft.
The defendant in her proper person comes into court and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar: Therefore it is considered by the court that the deft make her fine by the payment of one dollar to the commonwealth and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Alfred Thompson Deft.
The defendant in his proper person comes into court and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar: Therefore it is considered by the court that the deft make her fine by the payment of one dollar to the commonwealth and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Creed Thompson Deft.
The defendant in his proper person comes into court and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar: Therefore it is considered by the court that the deft make her fine by the payment of one dollar to the commonwealth and the costs, and may be taken &c.
The Commonwealth vs Granville Short deft Indictment
The Same vs Albert G. Clay deft Indictment
The attorney prosecuting for the commonwealth with the leave of the court saith he will not further prosecute upon these indictments.
The Commonwealth vs Lewis Lowe deft Indictment
The deft by his attorney pleaded not guilty to the indictment and put himself upon the country, and the attorney for the commonwealth did likewise and the cause is continued until the next term.
Monday September 18th 1854 123
The Commonwealth vs Charles Short & Sally Mullins defts Indictment
The Same vs William Richardson deft Indictment
The Same vs James Short deft Indictment
The Same vs Daniel Hagy deft Indictment
The capias' awarded in these cases not having been executed it is ordered that a new capias be awarded against the defendant in each of these cases returnable here at the next term.
The Commonwealth vs James Hay deft Indictment
The summons awarded in this case having been returned not executed, it is ordered that a new summons be awarded against the defendant returnable here at the next term.
The Commonwealth
vs. } On an Indictment for a Trespass.
John Garrett
This day came as well the attorney prosecuting for the commonwealth in this court, as the defendant by his attorney, and thereupon came also a jury to wit, Harvey Taylor, Andrew L. Jackson, James B. Low, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, John W. Martin, John P. Dickenson and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined, were sent out of court to consult upon their verdict, and after sometime returned into court, but not having agreed upon a verdict, they are adjourned till tomorrow morning nine oclock.
The Commonwealth vs George Dean deft Indictment
The Same vs Burrell Arrington deft Indictment
On the motion of the defendants, and for reasons appearing to the court, these causes are continued until next term, at the defts costs.
Ordered that the court be adjourned till to morrow morning nine oclock.
G. W. Hopkins.
The Commonwealth
vs. } On an Indictment for an assault.
John Taylor deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Harvey Taylor, Andrew L. Jackson, James B. Low, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, John W. Martin, John P. Dickenson and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said defendant is guilty in manner and form as in the said
124 Tuesday September 19th 1854
indictment against him is alleged, and they do assess his fine to the sum of Twenty five dollars: It is therefore considered by the court that the deft make his fine by the payment of Twenty five dollars to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Burgess Hurt deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the defendant, by his attorney, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Sutherland, David Counts, William C. Bickley, Abner Harding, William Jessee, Thomas Gibson, Major A. Fletcher, William Cumbo, Samuel Burnett, Nimrod Kiser, and William Gilmer who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is guilty in manner and form as in the indictment against him is alleged, and they do assess his fine to the sum of fifty cents: Therefore it is considered by the court that the deft make his fine by the payment of fifty cents to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
George Smith deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the deft. by his attorney, who pleaded not guilty to the indictment and put himself upon the country and the attorney for the Commonwealth did likewise, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Southerland, David Counts, Abner Harding, William Jessee, Thomas Gibson, Major A. Fletcher, William Cumbo, Samuel Burnett, Nimrod Kiser, William Gilmer jr. and Wilson Elliott, who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is guilty in manner and form as in the indictment against him is alledged, and they do assess his fine to the sum of two dollars and fifty cents: Therefore it is considered by the court that the deft make his fine by the payment of $2.50 to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for a Trespass.
John Garrett
The Jury sworn in this cause on yesterday appeared in Court according to their adjournment, was sent out of court further to consult upon their verdict, and after some time returned into court, and upon their oath do say
Tuesday September 19th 1854 125
the said deft is guilty in manner and form as in the indictment against him is alledged, and they do assess his fine to the sum of twenty five cents. On the motion of the deft. it is ordered that they verdict of the jury be set aside and a new trial granted the deft. On the payment of the costs of this trial. The attorney for the Commonwealth with the leave of the court saith that he will not further prosecute in this case.
The Grand Jury appeared in court according to their adjournment was sent out of court further to consult upon their presentments and after some time returned into court, and presented
An Indictment against Van Rensalier Southerland for an assault a true bill.
An Indictment against William Osborn for an assault a true bill.
An Indictment against George McClanahan for an assault a true bill.
An Indictment against John Brummet for an assault a true bill.
An Indictment against Edward B. Price for an assault a true bill.
An Indictment against George Campbell for an assault a true bill.
An Indictment against Henderson Baker for an assault a true bill.
An Indictment against Elias Hicks for an assault a true bill.
An Indictment against Lewis Jordan for an assault a true bill.
An Indictment against Harlan Salyers for an assault a true bill.
An Indictment against William Keith for an assault a true bill.
An Indictment against Alexander Carico for retailing ardent spirits without a license a true bill.
An Indictment against Alexander Carico for unlawfully selling ardent spirits by retail a true bill, and
An Indictment against Fleming Ingle for unlawfully selling ardent spirits by retail a true bill, and having nothing further to present they are discharged.
The Commonwealth vs. David McCloud deft an indictment
The deft. by his attorney pleaded not guilty to the indictment and put himself upon the country and the attorney for the Commowealth did likewise, and the cause is continued untill the next term.
The Commonwealth vs. Stephen Holt deft an Indictment.
Same vs. Claiborn Hicks deft an Indictment.
The capias awarded in these cases not having been executed it is ordered that a new Capias be awarded in each of these cases against the defendants returnable here at the next term.
The Commonwealth vs. Caleb Browning deft. an Indictment
The attorney prosecuting for the Commonwealth with the leave of the court saith he will not further prosecute in this case.
126 Tuesday September 19th 1854
The Commonwealth
vs. } On an Indictment for an assault. No. 1.
John Dyer deft.
The Same
vs. } On an Indictment for an assault. No. 2.
The Same deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the deft by his attorney, and thereupon came also a jury to wit, Francis A. Browning, Elijah Sutherland, David Counts, William C. Bickley, Abner Harding, William Jessee, Thomas Gibson, Major A. Fletcher, William Cumbo, Samuel Burnett, and Nimrod Kiser who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is guilty in manner and form as in the indictment against him is alleged, and they do assess his fine to the sum of fifty cents in each case. Therefore it is considered by the court that the deft make his fine in each case, by the payment of fifty cents to the Commonwealth, and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Martin J. Clifton deft.
This day came as well the attorney prosecuting in this court for the commonwealth, as the deft by his attorney, and thereupon came also a jury to wit, Harvey Taylor, Andrew L. Jackson, John Honaker, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, John W. Martin, John P. Dickenson, and Reynolds S. Shoemaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say that the said deft is not guilty in manner and form as in the indictment against him is alleged, as by pleaded he hath alleged: Therefore it is considered by the court that the deft be acquitted of the said indictment and go hence thereof &c.
The Commonwealth vs. Reese Steele deft an Indictment.
The Same vs. Israel McGlaughlin deft. Indictment No 1.
The Same vs. The Same. deft. Indictment No 2.
The Same vs. The Same. deft. Indictment No 3.
On the motion of the defts and for reasons appearing to the court these causes are continued until the next term at the costs of the defendants.
William N. Martin plt. vs. Anthony M. Ferguson deft. In Case.
James C. Gibson plt. vs. George Hackney deft. In Case.
Christopher Huffman & Catherine his wife. defts. In Case.
Alexander & Elizabeth his wife. Defts. In Case.
By agreement of the parties, it is ordered that these causes be dismissed.
Tuesday September 19th 1854 127
Solomon Litton for James S. Browning plt.
vs. } On a motion on a forthcoming bond
Ancil Ascue, Michael Ascue & Andrew C. Furguson defts
This day came the plt. and it appearing by the oath of Jesse Browning that the defendants have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $265.84 the penalty of the said bond, but to be discharged by the payment of one hundred and thirty two dollars and ninety two cents with legal interest thereon from the 3d day of December 1853 till paid and the costs; and execution is awarded accordingly.
N. Caldwell for the benefit of Charles Carrell plt.
vs. } On a motion on a forthcoming bond
Michael Ascue, John W. Litton & Caleb Griffith defts.
This day came the plt. and it appearing by the oath of Jesse Browning that the defendants have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $567.42 the penalty of the said bond, but to be discharged by the payment of two hundred and eighty three dollars and seventy one cents with legal interest thereon from the 1st day of July 1854 till paid and the costs; and execution is awarded accordingly.
James P. Carrell for the benefit of Charles Carrell plt.
vs. } On a motion on a forthcoming bond
Michael Ascue, John W. Litton & Jno. C. Linticum defts.
This day came the plt. and it appearing by the oath of Jesse Browning that the defendants have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $192.02 the penalty of the said bond, but to be discharged by the payment of ninety six dollars & one cent with legal interest thereon from the 5th day of July 1854 till paid and the costs; and execution is awarded accordingly.
Isaac Vermillion for James P. Carrell plt.
vs. } On a motion on a forthcoming bond
Ancil Ascue, John W. Litton, Michael Ascue and Caleb Griffith defts.
This day came the plt. and it appearing by the oath of Jesse Browning that the defendants have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $202.60 the penalty of the said bond, but to be discharged by the payment of One hundred and fifty one dollars and thirty cents with legal interest thereon from the 7th day of July 1854 till paid and the costs; and execution is awarded accordingly.
The Commonwealth vs. Fountain Dye & Polly Darnold. Indictment
The summons awarded in this case not having been executed on the deft Darnold: it is ordered that a new summons be awarded against her returnable at the next term: and the cause is continued as to the deft Dye until next term.
128 Tuesday September 19th 1854
John M. Preston trustee for the creditors of Wm. A. Preston plt.
vs. } On a motion on a forthcoming bond
Harvey Gray and Napoleon B. Gray defts
This day came the plt. and it appearing by the oath of Isaac Vermillion that the defts have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $713.56 the penalty of the said bond, but to be discharged by the payment of three hundred and fifty six dollars and seventy eight cents with legal interest thereon from the 6th day of June 1854 till paid and the costs; and execution is awarded accordingly.
The Same plt.
vs. } On a motion on a forthcoming bond
The Same defts
This day came the plt. and it appearing by the oath of Isaac Vermillion that the defts have had legal notice of this motion, they were solemnly called but failed to appear to gainsay the same: it is considered by the court that the plt. recover against the defts. the sum of $358.36 the penalty of the said bond, but to be discharged by the payment of one hundred and seventy nine dollars and eighteen cents with legal interest thereon from the 6th day of June 1854 till paid and the costs; and execution is awarded accordingly.
The Commonwealth
vs. } On an Indictment for Lewdness
Neely McGlothlin & Priscilla Compton defts
This day came as well the attorney prosecuting in this court for the commonwealth, as the defts by their attorney, who pleaded not guilty to the indictment and put themselves upon the country, and the attorney prosecuting for the commonwealth did likewise, and thereupon came also a jury, to with, Harvey Taylor, John Honaker, Lorenzo D. Vaughn, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, Stephen G. Samples, John W. Martin, John P. Dickenson and Reynolds S. Shoemaker, who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined, were sent out of court to consult upon their verdict, and after sometime returned into court, but not having agreed upon a verdict, they are adjourned till tomorrow morning nine oclock.
Ordered that the court be adjourned till tomorrow morning none oclock.
G. W. Hopkins
Wednesday September 20th 1854 129
At a Circuit Court continued and held for Russell County at the courthouse thereof on Wednesday the 20th day of September 1854.
Present, The Same Judge as on yesterday.
The Commonwealth vs. Jesse Keith deft Indictment
The Same vs. David Mullins deft Indictment No. 1.
The Same vs. The Same deft Indictment No. 2.
The Same vs. John Hall deft Indictment
The Same vs. William Mullins deft Indictment
The Same vs. John Hall deft Indictment
The Same vs. Wesley Barker deft Indictment
The summons' issued in these cases not having been executed it is ordered that a new summons be awarded in each of these cases against the defendant returnable here at the next term.
The Commonwealth
vs. } On an Indictment for an assault
Edward B. Price deft.
The defendant in his proper person comes into court, and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar: There it is considered by the court that the defendant make his find by the payment of one dollar to the commonwealth and the costs, and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault
George Campbell deft.
The defendant in his proper person comes into court, and with the assent of the attorney for the commonwealth and of the court confesses judgment for a fine of one dollar: There it is considered by the court that the defendant make his find by the payment of one dollar to the commonwealth and the costs, and may be taken &c.
The Commonwealth vs. Van Rensalier Sutherland deft Indictment
The Same vs. James Gose deft Indictment
The Same vs. William Osborn deft Indictment
The Same vs. George McClanahan deft Indictment
The Same vs. John Brumet deft Indictment
The Same vs. Henderson Baker deft Indictment
The Same vs. Elias Hicks deft Indictment
The Same vs. Lewis Jordan deft Indictment
The Same vs. Harlan Salyer deft Indictment
The Same vs. William Keith deft Indictment
The Same vs. Alexander Carico deft Indictment
The Same vs. Same deft Indictment
The Same vs. Jesse Keith deft Indictment
The Same vs. Fleming Ingle deft Indictment
On the motion of the Attorney for the Commonwealth it is ordered that a summons be awarded against the deft. in each of these cases requiring each of them to appear here at the next term and
130 Wednesday September 20th 1854
answer to the Indictment against each respectively.
The Commonwealth
vs. } On an Indictment for Lewdness
Neely McGlothlin & Priscilla Compton
The jury sworn in this cause on yesterday appeared in court pursuant to their adjournment were sent out of court further to consult upon their verdict and after some time returned into court and upon their oath do say that the defts. are guilty in manner and form as in the Indictment against them is alleged and they do assess their fine to the sum of $50.00 each to the commonwealth and the costs and may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault.
Joshua Smith deft.
This day came as well the attorney prosecuting in this court for the commonwealth as the deft by his attorney who pleaded not guilty to the Indictment and put himself upon the country & the attorney for the commonwealth did likewise & thereupon came also a jury to wit, Francis A. Browning, Elijah Sutherland, Wilson Elliott, Abner Harding, William Jessee, Major A. Fletcher, William Cumbo, Samuel Burnett, Nimrod Kiser, William Gilmer jr., James Lockhart and Andrew L. Jackson, who being selected by lot according to law, tried & 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 alleged, and they do assess his fine to the sum of $17.00. Therefore it is considered by the court that the deft make his fine by the payment of $17.00 to the Commonwealth, and the costs, & may be taken &c.
The Commonwealth vs. Arthur Wyatt deft. Indictment
The summons awarded in this case having been returned executed and the deft failing to appear alltho' solemnly called it is ordered that a Capias be awarded against him returnable here at the next term.
The Commonwealth vs. Eli Hall &c. defendants Inditment.
The Same vs. William Dunford &c. defendants Indictment.
Abner Crump for &c. plt. vs. Andy F. Hendricks deft in case.
George W. Hopkins pltf. vs. Same deft. in case.
For reasons appearing to the Court it is ordered that these causes be continued till the next term.
George W. Smith plt. vs. James Smith deft. In Case.
The deft by his attorney filed two pleas in writing to which the plt. by his attorney replied generally and issus and the
Wednesday September 20th 1854 131
cause is continued till the next term.
Samuel Smith surviving admr. of John Smith deceased who sues for the benefit of Isaac Vermillion admr. of Joseph Jessee deceased Plt.
vs. } In debt.
Johnson P. Gibson admr. of Thomas Gibson deceased &c. defts.
This day came the parties by their Attorneys and the matters of law arising upon the demurrer to the plts. declaration being argued it seemes to the court that the matters and things in the plts. declaration as therein set fort are sufficient in law to enable the plt. to have and maintain his action, and it is ordered that the demurrer be overruled. The defts. then pleaded payment & put themselves upon the Country & the plt. did likewise and the parties by their attorneys waive the right to a trial by jury & agree to submit the whole matter of law and fact to the court & the court having fully heared the case, is of opinion that the defts. have paid the debt in the declaration mentioned as by pleading they have alleged. Therefore it is considered by the court that the plt. take nothing by his bill, but for his false clamor be in mercy &c. and that the defts. go hence thereof without delay & recover against the beneficide plt. their costs in this behalf expended.
Henry G. Meade Plt. vs. Eliza Mason Deft. On a supersedas.
The deft. having intermarried with William Harding it is therefore by the consent of parties ordered that this suit be waived in the name of the Plt. vs. William Harding & Eliza his wife, & the cause is continued till the next term.
William Jesse plt. vs. Nimrod Kizer deft. In Case.
The Same vs. Abraham Childers deft. In Case.
The defts by their attorneys severally demurred to the plaintiffs declarations, in which the plt. by his attorney joined and issue. The defts also pleaded not guilty and put themselves upon the country, and the plt did likewise, and leave is granted the defts to plead any special matter at or before the next term, until which time these causes are continued.
The President & Directors of the Russell & Washington Turnpike Company plts. vs. Thomas L. Preston & others defts. In Covenant.
The defts by their attorney pleaded covenants performed and covenants not broken and put themselves upon the country, and the plts did likewise, and leave is granted the defts to plead any special matter at or before the next term, until which time these causes are continued.
Alexander McFarlane plt. vs. John Alexander deft. In Case.
The defendant by his attorney pleaded non assumpsit put himself upon the country, and the plt did likewise, and leave is granted the deft to plead any special matter at or before the next term, until which time this cause is continued.
Gross & Martin plts. vs. Andrew C. Ferguson &c. defts. In Dbt.
The defts by their attorney pleaded payment, to which the plaintiffs by their attorney replied generally and issue, and thereupon
132 Wednesday September 20th 1854
the office judgment is set aside, and leave is granted the defts to plead any special matter at or before the next term, until which time these causes are continued.
Newton Sanders plt. vs. Martin Sanders deft. In Case.
James Deskins plt. vs. Albert G. Smith deft. In Case.
Joshua Smith plt. vs. John Smith & wife defts. In Case.
The defendants by their attorneys pleaded not guilty in each of these cases and put themselves upon the country and the plts. did likewise, and leave is granted the defts to plead any special matter at or before the next term, until which time these causes are continued.
Martin & Gross plts. vs. John C. Furguson &c. defts. In Debt.
The defts by their attorney pleaded payment, to which the plaintiffs by their attorney replied generally and issue, and thereupon the office judgment is set aside. And by agreement of the parties, it is ordered that all matters in difference between them in this suit be referred to the final determination of Henry D. Smith and John Vencill whose award, or in case of disagreement that of their umpire is to be made the judgment of the court, and the cause is continued until next term.
Jacob Owens plt
vs. } In Debt.
Christopher Frick deft
The parties having by a writing under their hands and seals bearing date on the 7th day of August 1854 referred all matters in difference between them in this suit to the final determination of Dale Carter Charles S. Bekem and William B. Aston; And the said arbitrators having made and returned their award that the plt pay to the deft., the sum of One hundred and thirty three dollars and eighty cents and the costs; to which award there is no objections: Therefore in pursuance of the said award, it is considered by the court that the deft recover against the plt the sum of One hundred and thirty three dollars and eighty cents with legal interest thereon from this day till paid and his costs in this behalf expended.
William King & others who sue for the benefit of Alexr. Findlay plt.
vs. Elijah Helton deft. In Ejectment
The deft pleaded not guilty and put himself upon the country & the plt did likewise. On the motion of the defendant, it is ordered that the surveyor of this county, do go upon the land in controversy on some day previous to the next term, having given the parties notice of the same, and survey and lay out the same as either party may require, and return seven fair plats and reports thereof to the court: And this cause is continued until the next term at the costs of the deft.
Robert Fugate admr. plt. vs. Andy F. Hendricks &c. exors. defts. In Case.
For reasons appearing to the court this cause is continued until the next term.
Thursday September 21st 1854 133
On the application of Fountain Dye who is confined in the jail of this county on a Capias fero Fine at the suit of The Commonwealth, and the officers of the court consenting to release their fees in this case, it is ordered that the sheriff do release the said Dye from confinement under the said capias.
Isaac Moore Plt. vs. John Vanover deft. In ejectment.
The deft by his attorney pleaded not guilty and put himself upon the country, & the plt. did likewise. On the motion of the deft. it is ordered that the surveyor of this County do go upon the lands claimed by the plt. upon any day previous to the next term, having previously given the parties notice thereof, & survey & layout the same as either party may require, and return to the court seven fair plats, and reports of such survey, and the cause is continued till the next term.
Joseph Hackney plt.
vs. } In trover.
Charles D. Boyd Deft.
This day came again the parties by their attornys and thereupon came also a jury to wit. Harvey Taylor, Thompson Combs, Joel Fields, Ancil Ascue, George L. Jessee, Samuel E. Gilmer, John W. Martin, Stephen G. Samples, John P. Dickenson, Reynolds S. Shoemaker, Lorenzo D. Vaughn and John Honaker who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined were sent out of court to consult upon their verdict and after some time returned into court, but not having agreed upon a verdict they are adjourned till tomorrow morning 9 O'clock.
Ordered that the court be adjourned till tomorrow morning 9 O'clock.
G. W. Hopkins.
At a Circuit Court continued and held for Russell County at the courthouse on Thursday the 21st day of September 1854.
Present, The Same Judge as on yesterday.
Joseph Hackney plt.
vs. } In trover.
Charles D. Boyd Deft.
The jury sworn in this cause on yesterday appeared in court according to their adjournment, were sent out of court further to consult on their verdict and after sometime returned into court, and upon their oath do say that the deft is guilty in manner and form as the plt against him hath declared and the do assess the plts damages to the sum of Fifty five dollars with interest thereon from the 16th day of January 1850. Therefore it is considered by the court that the plt recover against the deft the sum of fifty five dollars with legal interest thereon from the 16th day of January 1850 till paid, his damages aforesaid by the jurors.
134 Thursday September 21st 1854
aforesaid in form aforesaid assessed, and his costs in this behalf expended.
James H. Fletcher plt.
vs. } In Case.
Emery Thompson deft.
The day came the parties by their attorneys, and the matters of law arising upon the demurrer to the plts declaration being argued, it seems to the court that the matters and things in the plts declaration as therein set forth, are sufficient in law to enable the plt to have and maintain his action against the deft, and it is ordered that the said demurrer be overruled. The deft then withdrew his third plea heretofore filed, and filed another plea in writing in lieu of the said third plea, and the plt replied generally to the said plea, and also replied generally to the defts 1st & 2d pleas heretofore filed, and issues, and thereupon came also a jury, to wit, Francis A. Browning, Elijah Southerlin, David Counts, Abner Harding, William Cumbo, Samuel Burnett, Nimrod Kizer, William Gilmer junr., Wilson Elliott, Absalom Baugh, Andrew C. Furguson junr, and John Isaacks who being selected by lot according to law, tried and sworn the truth to speak upon the issues joined upon their oath do say, "We of the jury find for the defendant." Therefore it is considered by the court that the plt take nothing by his bill, but for his false clamour be in mercy &c. and that the deft go hence thereof without delay and recover against the plt his costs in this suit expended.
Commodore P. Shockley, plt. vs. James Hartsock deft. In Case.
The defendant by his attorney filed four pleas in writing, to which the plaintiff by his attorney replied generally and issues, and the cause is continued until the next term.
Harry Smiths heirs plts. vs. Eli Jackson deft. Writ of Right.
Andrew J. Dotson plt. vs. William Nash deft. In Case.
For reasons appearing to the court, it is ordered that these causes be continued until the next term.
Joseph Dotson &. Joseph Culbertson Complts.
vs. } On an issue out of Chancery.
Martha Dorton & others. Defts
On the motion of the complts and for reasons appearing to the court, it is ordered that this case be continued until the next term at the costs of the complts.
William White late jailor of this county presented an account against the Commonwealth for imprisoning and releasing James Vicars a prisoner being charged with felony, and for imprisoning Fountain Dye on a capias fero fine and for dieting them amounting to the sum of $7.95 and proved the same by the oath of Robert Boyd - And Robert Boyd jailor of this county presented an account against the Commonwealth for dieting Fountain Dye a prisoner confined in jail on a capias fero Fine and for releasing him
Thursday September 21st 1854 135
amounting to the sum of $13.15 and made oath thereto, which have been examined and allowed by the court, and ordered to be certified to the first Auditor.
Ordered that it be certified that Richard L. Mead, William Gibson, Andrew Fraley, Absalom Baugh, Henry Fogleman, Oliver H. Price, Edward Dorton, John Isaacks, Abram Thomas, Benjamin E. Jonson, Michael Sword, John Stinson, William Campbell, Nelson Gray, Charles H. Monk, Samuel Taylor, Thomas J. Riley, Jonathan Boyd, Christopher Taylor, Thomas Payne, Thomas mead and Robert P. Dickenson are each entitled to one dollar for their services as Grand Jurors at this court, and that the same is payable by the county.
Ordered that it be certified that the following named persons are entitled to the sums to their respective names annexed, for their services as jurors at this term of this court, and that the same is payable as stated opposite to each of their names, to wit,
136 Friday September 22d 1854
and that Absalom Baugh, Andrew C. Furguson junr. and John Isaacks are each entitled to fifty cents for their services as jurors this term, and that the same is payable by the county.
Ordered that the court be adjourned till to morrow morning nine oclock.
G. W. Hopkins
At a Circuit Court continued and held for Russell County at the courthouse thereof of Friday the 22d day of September 1854.
Present The Same Judge as on yesterday.
Ordered that James P. Carrell clerk on this court be allowed the sum of fifteen dollars for his public services since the last term. That William B. Aston be allowed the sum of $50.00 for his services as attorney for the Commonwealth since the last term. That Isaac Vermillion late sheriff of this county be allowed the sum of $7.50 & Robert Boyd the present sheriff of this County $2.50 for their public services since the last term.
And that Robert Boyd jailor of this county be allowed the sum of $15.00 for his services as jailor since last term, and that the said allowences be certified to the first auditor.
No further business appearing, Ordered that the court be adjourned till the first day of the next term.
G. W. Hopkins
Final Office Judgments Friday 22nd, day of September 1854.
William Ferrell who sues for the benefit of William Johnson Plt.
vs. } In debt.
Ancil Ascue
This day came the Plt by his attorney and the Deft not yet appearing, it is considered by the court that the judgment obtained in the Clerk's Office against him be made final, and that the plt. recover against the deft. the sum of $60.00 with lawful interest thereon from the 1st day of September 1853 till paid & his costs in this behalf expended.
William Ferrell who sues for the benefit of William Johnson sr. Plt.
vs. } In debt.
Same
This day came the Plt by his attorney and the Deft not yet appearing, it is considered by the court that the judgment obtained in the Clerk's Office against him be made final, and that the Plt.
Friday September 22d 1854 137
recover against the defendant the sum of Sixty five dollars with lawful interest thereon from the 1st day of September 1853 till paid and his costs in this behalf expended.
William Johnson Plt.
vs. } In debt.
Richard Ferrell Deft.
This day came the plaintiff by his attorney and the deft. not yet appearing it is considered by the Court that the judgment obtained in the Clerk's Office against him be made final, and that the plt. recover against the deft. the sum of $255.83 with lawful interest thereon from the 8th day of July 1851 till paid & his costs in this behalf expended.
John H. Moore who sues for the benefit of Matthew H. Buchanan Plt.
vs. } In Debt.
John R. Hendrick's Deft.
This day came the plt. by his Attorney and the deft. not yet appearing it is considered by the Court that the Judgment obtained in the Clerk's Office against him be made final, and that the plt. recover against the deft. the sum of $25.00 with lawful interest thereon from the 1st day of September 1853 till paid, and also the sum of $50.00 with lawful interest thereon from the 1st day of March 1854, till paid and his costs in this behalf expended.
Teste.
E. J. Culbertson D. C.
Whereas it has been represented to me, that James P. Carrell the late Clerk of the circuit court of Russell County has departed this life since the last term of said Court whereby a vacancy has occurred in the office of Clerk of the said court. I George W. Hopkins, judge of the circuit court of Russell do therefore by virtue of the authority vested in me by the 13th section of the Act. of the General Assembly of Virginia passed on the 23rd day of April in the year 1852, entitled "An Act, providing for the election, qualifications, powers, duties and compensation of justices of the peace, clerks of Circuit & County Courts, Attorneys for the Commonwealth, sheriffs, Commissioners of the revenue, surveyors, constables and overseers of the poor", hereby constitute and appoint Ed. J. Culbertson clerk pro tempore of the Circuit Court of Russell County to discharge all of the duties of the said office untill a Clerk is duly elected and qualified according to law.
And by the authority vested in me by the act of the General Assembly above refered to, I do furthermore order that a writ of election to supply the vacancy aforesaid be issued, directed to the sheriff of the said County commanding and requiring him to cause an election to be held at the several places for holding elections in the said County, on the
138 December 26th 1854
14th day of December next for clerk of the Circuit Court of Russell County according to the act of Assembly in such cases made and provided.
Done in vacation, at Abingdon, within the 17th judicial circuit of Virginia, on Monday the 13th day of November in the year 1854.
The following Certificate of the qualification of Richard H. Lynch Clerk of this Court was filed in the Office thereof on the 26th day of December 1854.
"Virginia Washington County to wit,
This day Richard H. Lynch (who was elected clerk of the circuit court of Russell County on the 15th day of this month) personally appeared before the undersigned Judge of the 17th Judicial Circuit of Virginia (at Abingdon) in vacation and entered into bond in the sum of Ten thousand dollars with Caleb Hawkins and Isaac Vermillion as his security conditioned as the law directs, which bond was acknowledged by the said Lynch and proved by the oath of John F. McElhaney the subscribing witness thereto as to the said Hawkins and Vermillion. And thereupon the said Lynch took the several oaths prescribed by law, to wit, the oath of fidelity to the Commonwealth, the oath to support the Constitution of the United States, the oath against duelling prescribed by the act of the General Assembly passed the 22d day of May 1852 entitled "An act disabling any person concerned in a duel from holding office" and the oath of office. Given under my hand this 22d day of December 1854.
G. W. Hopkins
|
