County Court Law Order Book, 1854, June Term|
92 Tuesday, June 6th 1854
At a Quarterly Court held for Russell County, at the Courthouse on Tuesday the 6th day of June 1854
Present, John T. Smith, presiding justice, and James Sutherland and napoleon B. Gray, other justices.
The following list of Writings admitted to record by the Clerk of this Court in his Office, since May term 1854, was read in Court and ordered to be inserted in the minutes.
A Deed of bargain and sale for land from Robert Fugate to James Baker and William S. Johnson, dated the 15th of April 1854, and admitted to record the 2d of May 1854.
An agreement in writing concerning slaves &c between James F & John W. Litton and Martin D. Snider & wife dated the ___ day of ___ 1854, and admitted to record this 2nd of May 1854.
A Deed of bargain and sale for land from Warders Attorney to John W. Robinson, dated and admitted to record the 5th of May 1854.
A Deed of bargain and sale for land from John M. P. Rasnick to Canaan Counts, dated and admitted to record the 6th of May 1854.
A Deed of bargain and sale for land from Wm. B. Aston Commissioner, to Lewis Roberts, dated and admitted to record the 15th of May 1854.
Five Deeds of bargain and sale for land from Warders Attorney, one to Polly McGlothlin & others, dated the 13th of May 1854; one to John Wallis, dated the 12th of May 1854; one to John Miller, dated the 14th of May 1854, and the other to John Johnson dated the 14th of May 1854; and admitted to record the 15th of May 1854.
Two deeds of bargain and sale for land from Samuel Taylor, one to Harvey Taylor and the other to Lilbourn Taylor, dated the 25th of April 1854, and admitted to record the 15th of May 1854.
A Deed of bargain and sale for land from James P. Carrell, Commissioner to Archer and John Jessee, dated and admitted to record the 18th of May 1854.
Two deeds of bargain and sale for land from Wm. B. Aston, Commissioner, one to Samuel Leece, and the other to Abraham Childers, dated and admitted to record the 22d of May 1854.
An Indenture of bargain and sale for land from Isham Hall and wife to John Wheatley, dated the 7th of February 1854, and admitted to record the 25th of May 1854.
A Deed for land from Richard Smith to Francis Peter de Tubeuf, admitted to record th 25h of May 1854.
Tuesday, June 6th 1854 93
Three deeds of gift for slaves from Polly Alexander one to James W. Hendricks & wife & children, one to William L. Garrett, and the other to Elizabeth Garrett & son, dated & admitted to record this 27th of May 1854.
A Deed of bargain and sale for land from James P. Carrell to Alderson & Kernan, dated and admitted to record the 2d of June 1854.
A Deed of Trust for personal property between John Powers on the one part and Edward J. Culbertson of the other part, dated and admitted to record the 5th of June 1854 Rich'd Jackson, Jas Presley
Ordered that Joel Fields, Joseph Marris and Sterling Compton be exempted from the payment of County levies, on account of their age and bodily infirmities.
Abraham Buckles plaintiff
vs. } Complaint of Unlawful detainer
Fountain Campbell defendant
By consent of the parties in Court, this suit is dism'd at the defendant's costs.
Edward D. Kernan, foreman; Pleasant Bartley, Thos. Necessary, Abraham Childers, Jacob Cook, George Puckett, John H. S. Fugate, Oliver H. Price, Robert Burk, Adam Wiser, William T. Fletcher, Martin G. Garrett, John W. Litton, Thomas H. Garrett, Henry Campbell, and Edward Stinson were sworn a Grand Jury of inquest for the body of this County and having received their charge withdrew to consider of their presentments, and after some time returned into Court and presented, -
An Indictment against Edmund Dickenson for an assault, a true bill;
An Indictment against Polly Dickenson for an assault, a true bill;
An Indictment against George Dickenson for an assault, a true bill;
An Indictment against Squire Osborn for an assault, a true bill;
An Indictment against Reuben Fraley for an assault, a true bill;
An Indictment against Lucy Fraley for an assault, a true bill;
An Indictment against Peter Bowman for an assault, a true bill;
An Indictment against Samuel Dickenson for an assault, a true bill;
An Indictment against William H. Collins and Mary White, for Lewdness, a true bill.
94 Tuesday, June 6th 1854
And then the said Grand Jury, having nothing further to present, were discharged.
vs. } On an Indictment for an assault
Samuel Dickenson defendant
vs. } On an Indictment for lewdness
William H. Collins and Mary White defendants
The Defendants in these cases by McElhenny and Bekem their Counsel pleaded not guilty and put themselves upon the Country and the Attorney for the Commonwealth likewise, and the trial of the issue in both cases is continued till the next term.
Ordered that summonses be issued upon the several Indictments this day found by the Grand jury, except the two last, returnable here at the next term.
Ordered that David Proffit senr., David Proffit, jr., Henry Dye, Austin Proffit, Samuel Proffit, Abraham Crabtree, & Henderson Compton be added to Christopher Peck's road list.
The following additional justices appeared in Court and took their seats, pursuant to a previous summons on them, in order to receive and allow County claims and lay the levy for the current year:
Simeon Hunt, John Dorton, William H. Dean, Wilson Elliott, Thomas S. Johnson, Elijah Ferrell, Samuel W. Aston, Henry D. Aston, Skidmore Munsey, James Gent, George Snodgrass, Aaron H. Nash, Harvey P. Gibson, Anthony M. Ferguson, Jesse Bartley, Andrew Williams, Robert Johnson, William Roberson, James Cavender, Jefferson Jessee, Wm. G. McConnell, George Gose and Joseph Kelly.
Various claims were received and allowed, which being too voluminous to admit of being entered in this day's proceedings are defered to be entered with the last day's proceedings of the term.
And the sheriff not having settled the County levy for the Years 1852 and 1853, inconsequence of which it cannot now be ascertained what sum is necessary to be levied on each tithable in order to pay off the County charges, the laying said levy is continued till the ensuing July or August terms, as the case may require; and in the mean while John T. Smith the presiding justice and James P. Carrell Clerk of the Court are requested to call the Sheriff to a settlement for the levy of the said years unsettled, and present to the Court a statement of said settlement, showing the balance, if any, in his hands, after payment of all claims and demands
Tuesday, June 6th 1854 95
on the County treasury for appropriations heretofore made.
Ordered that Andrew Ball (son of George) be exempted from working on roads and payment of County levies, on account of his bodily infirmities.
The Court proceeded to decide whether the Sheriff should be taxed or not, for the current year; and in so deciding 18 members were for imposing a tax and 8 against 9t; and thereupon the Court fixed the amount of tax to be paid by him at $50.
Ordered that Robert Killen, Lilbourn Fulton, Cornelius Vanover jr & Alfred Killen be added to Obourn Howels road list.
Ordered that Carter D. Spence be added to Thomas Cunningham's road list.
Ordered that the following hands be added to David Jessee's road list: Abraham Salyer, Francis M. Dorton, Robert B. Vicars, John Hartsock, Thos. Salyer, Henderson Salyer, Thomas Culbertson, Henry Culbertson, Daniel R. Bundy, Jeremiah Salyer jr., Jessee Salyer, John Porter, Francis Porter, Jacob Porter, Jesse Salyer sr., Lemuel Johnson, William Stapleton, Robert Barker, Robt. P. Vicars, Paul Vicars, David C. Vicars, John C. Gibson, Joel vicars and Henry Swinny.
On the applications of Samuel E. Gilmore for an Ordinary license, who produced in Court a receipt from the Sheriff for the payment of a tax of $27.50; and it appearing to the Court that the applicant is sober and of good character, and will probably keep a house orderly, useful, and such as the law requires, a license is granted him to keep an ordinary at his residence in this County, till the next May Term of this Court.
Elijah Ferrell is authorized to produce a sledge hammer to be used on the Sandy Road.
The following hands are ordered to be added to Thomas Davis' road list.
Thomas Williams plaintiff
against } In trespass &c
William Harding defendant
By agreement of the parties in writing, all matters in controversy between the parties in this case are referred to the final determination of Robert Boyd & Wm. D. Waggoner, whose award thereupon is to be made the judgment of the Court, and the same is ordered accordingly.
On the motion of Andrew P. Gibson who produced a receipt from the Sheriff for the payment of a tax of $____
a license is granted him to keep private entertainment at
96 Tuesday, June 6th 1854
his house, till the next May term of this Court.
The last Will and Testament of Daniel Price senr. deceased was exhibited in Court and proven by the oaths of Charles D. Boyd and Christian Easterly the subscribing witnesses thereto, and Ordered to be recorded.
And on the motion of Oliver H. Price who made oath and with J. F. McElhenny & Wm. B. Aston his sureties entered into and acknowledged a bond in the penalty of $150, conditioned according to law, administration is granted him on the estate of Daniel Price deceased with his will annexed.
Ordered that the Court be adjourned till tomorrow morning at 10'Oclock.
John T. Smith
At a Court of Quarterly Session continued and held for Russell County at the Courthouse on Wednesday the 7th day of June 1854.
Present, John T. Smith presiding justice, and James Sutherland and Napoleon B. Gray other justices.
For reasons appearing to the Court it is ordered that John T. Howard, Andrew L. Jackson, Lorenzo D. Fletcher, Rollen Thompson, John Stinson, William D. Gray and George Cowan, surveyors of portions of New Garden Road, and Aaron L. Hendricks surveyor of the road from James F. Litton's to the Russell and Washington Turnpike be summoned to appear before this Court at the next August Term, to show cause in any they can why Informations should not be filed against them severally for failing to open, pursuant the order of the Court, their several precincts of said roads.
On the application of David Austin he is permitted to bind his son George as an apprentice to Benjamin Whitsal.
On the application of Jefferson Bannion for a review of the new road from Jefferson Bannion's house to intersect the Lick Creek and Coal Bank road, said application is referred to John Bickley one of the road commissioners, to view and report thereon according to law.
Ordered that the following tithables be assigned to Dale Carter, surveyor of a road, to wit: William D. Waggoner, Tom Wright, Isaac Munsey, C. D. Munsey, Joseph Hackney, Archibald hackney, George Hackney, Samuel B. Heaberlin, Griffith Dickenson, Edmund Dickenson, George W. Dickenson, Ed. King, John Skeen, Ephraim Skeen, Daniel Hughes, Joseph Spurgeon, David Crook, M. E. Crook, Jackson Baugh, and said Carter's slaves Isaac, Kill, George & Charles.
Wednesday, June 7th 1854 97
Ordered that Henry D. Hale be exempted from the payment of County for his son not 16 years old improperly assessed on information of some of his neighbors.
Ordered that Isaac Johnson one of the overseers of the poor bind Hannah Casy a base born child of Silla Casy to John Browning as an apprentice, according to law.
It appearing to the Court that no certificate has been lodged with the Clerk of the election of Constables in the 4th District of this County, it is ordered that a new Election be held at the two election places in said District on the 4th Saturday in this month for Constables, and that Simpson Dyer be appointed conducting officer at John Mullins' in room of Elijah Beverly.
On the complaint of Robert Boyd against Isaac Vermillion who has the Certificate of the conducting Officer at the Courthouse of his election to the office of Sheriff, that said Vermillion was not entitled to said Certificate on account of certain irregularities, this day came the parties by their counsel; and after the arguments on both sides had proceeded for some length of time, and the counsel at that stage not agreeing upon the facts they contended they had submitted to the Court, the case is continued till the next August Term.
The Commonwealth vs. John C. Harrison Indt
Same vs. David C. Gillenwaters Indt
Nathan McKinney vs. Heiskell Mullins case
Ordered that these cases be continued till the next term.
The Commonwealth vs. Thomas Mutter Indt
Same. vs. Elijah Austen Indt
Same vs. James Murphey Indt
The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute on these indictments.
Commonwealth vs. Jesse Keith Indt
Ordered that this case be continued till the next Term.
Commonwealth vs. Robert A. White Indt
This case is continued for the Commonwealth till the next term.
Commonwealth vs. James B. Low Deft Indt
Same vs. Henry Dye Deft Indt
These cases are continued for the Defendants till the next term.
Commonwealth vs. James Mays Indt assault
The process awarded against the defendant at the last term not be returned a capiases are awarded to the next term to the Sheriffs of Russell and Scott, and this case is till then continued.
Commonwealth vs. Ambrose Silcox Indt
The alias summons awarded in this case being returned without effect a capias is awarded against the deft returnable here at the next term, and this case is till then continued.
98 Wednesday, June 7th 1854.
The Commonwealth vs. James Mays & Patsy Cook defts
Indictment for Lewdness
The summons awarded against the defendants at the last term not being executed capiases are awarded to the Shffs of Russell and Scott to be directed returnable here at the next term, and this cause is till the continued.
William Nash vs. Samuel Perry In Case
Geo. W. Hopkins vs. Andy F. Hendricks guardn. &c Case
Patton G. Keen for Andy F. Hendricks vs. Augustus W. & Wm. B. Aston In debt
Andy F. Hendricks vs. Michael Askew In Case
Nathan McKinney vs. Heiskell Mullins In Case
Ordered that these cases be continued till the next term.
Commonwealth vs. M. Harding On a Scire facias
By consent of the defendant this case is dismissed at the defendants Costs, and the defendant confesses judgment accordingly.
Andy F. Hendricks vs. Michael Askew In Case No 2
William C. Jackson vs. Martin Fraley In debt
These cases are continued for the Defendants till the next term.
Richard Walden plaintiff
against } In trespass assault and battery
Samuel E. Gilmer & John John Gilmer defendants
This day came the parties by their attornies, and also a jury, to wit: John W. Owens, John P. Robinson, Ira Reynolds, Andrew P. Gibson, Lewis Arrington, George C. Gose, John A. Collins, Richard L. Meade, Benjamin Whitsell, Martin C. Jessee, Nathan E. Burdine & David C. Ferguson, who being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendants are not guilty as in pleading they have alledged. Therefore it is considered by the Court, that the plaintiff take nothing by his bill, and that the Defendants go thereof without day and recover against the plaintiff their costs by them about their defence in this behalf expended.
Erasmus Mitchell plaintiff
vs. } Case of forcible Entry
Henry Dickenson & others defendants
This day came the parties by their Attorneys. The defts move the Court to quash the summons instituted in this case, in consequence of its terms being contrary to the provisions of the Statute upon which it is founded, which motion the Court sustained and thereupon it is considered that the defts go thereof without day and recover against the plaintiff their costs by about their defence in this behalf expended.
Wednesday, June 7th 1854. 99
Samuel Whitsell plaintiff
vs. } In dept
John B. Burnell & James Fullen Defendants
The defendants by McElhenney & Aston their counsel pleaded a general demurrer and payment, in which demurrer the plaintiff joined, replied generally to the plea of payment and put himself upon the country and the defendants likewise; whereupon, it is ordered that the judgment obtained in the Clerk's Office be set aside, and the trial of the issues is continued till the next term.
Alexander McFarlane a Constable of Russell County is allowed his account of $2.80 for arrest of a slave for felony, and summoning witnesses in behalf of the Commonwealth, the same being proven by his oath; which is ordered to be certified to the Auditor of Public Accounts.
The account of Oliver Snead and John W. Litton for assisting to arrest and guarding said slave for the felony aforesaid 75c to each were proven by the oath of Alexander McFarlane the Constable, allowed by the Court, and ordered to be certified to the Auditor of Public Accounts.
The following are the claims on the County allowed by the Court at this term:
William B. Aston Attorney for the Commonwealth for public services 100.00
James P. Carrell Clerk of the Court for public services 100.00
James P. Carrells account balance, 190.00
Same for stationary 15.00
Isaac Vermillion Sheriff, for one year's pub. services 75.00
William White keeper of the jail 25.00
Chas. D. Boyd Peter B. Henritze for keeping the Courthouse 30.00
Amount forwarded 535.00
100 Wednesday, June 7th 1854.