|
Circuit Court Law Order Book, 1856, April Term
183 Monday April 28th 1856
At a Circuit Court held for Russell County at the Court house thereof on the 28th day of April 1856
Present, George W Hopkins esqr Judge
George L Jessee Foreman, William Gibson, Samuel Honaker, William Frick, John W Owens, Isiah Drake John Honaker, Jefferson Jessee, Wm Bradshaw, John Boothe, Michael Jackson, John Browning, Charles H Monk, Ezekiel B Garrett, Wm Campbell, Wm T Fletcher and nelson Gray 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 time returned into court
Isaac Honaker of the County of Russell appeared in Court according to the condition of his recognizance entered into before the County Court of Russell County and the Grand Jury having returned the Indictment against him for felony "Not a true bill" and nothing further appearing or being alleged against him, it is ordered that he be discharged
Samuel Osborn, Squire Osborn, William Osborn and David Osborn who stand Indicted for a felony and who were bound in a recognizance to appear here on this day appeared in Court in discharge of their said recognizance. And on motion of the Attorney prosecuting for the Commonwealth in this Court and for reasons appearing to the Court, it is ordered that the trial of this case be continued until the next term. And on motion of the prisioners by their attorney they are admitted to bail.
Samuel Osborn, Squire Osborn, William Osborn and David Osborn here in Court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $1000.00 each & Solomon Osborn acknowledged himself indebted to the Commonwealth of Virginia in the sum of $1000.00 for each one of them to be made and levied of tenements and to the use of the Commonwealth rendered upon condition that the said Samuel Osborn, Squire Osborn, William Osborn and David Osborn shall each personally appear before the Judge of this Court on the first day of the next 184
term and answer to an Indictment for felony, and that they will not depart thence without leave of the Court then this recognizance to be void.
George W Dickenson, Thomas D Hale, Robert McCoy, Squire V Holbrooks, Thomas J Ruley and James Johnson here in court each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 and Squire V Holbrooks for Mary M Holbrooks and James Johnson for Eliza Johnson acknowledged themselves indebted to the Commonwealth of Virginia in the further sum of $100.00 each to be made and levied of their goods and chattels lands and tenements for the use of the use of the Commonwealth rendered upon condition that the said George W Dickenson, Thomas D Hale, Robt McCoy, Squire V Holbrooks, Thomas J Ruley, James Johnson, Mary M Holbrooks and Eliza Johnson do each personally appear before the judge of this Court on the first day of the next term and give evidence on behalf of the Commonwealth against Samuel Osborn & others and that they will not depart thence without leave of the Court, then this recognizance to be null and void.
Organ Dickenson, Preston White, Samuel Henly, Wm Henly, Andrew J Fraley, Robert D Carty, David Banner, John P Dickenson, James O Dotson, George Banner, Jos. Jessee, Wm H Chapman, George H Gray, Jefferson Jessee, Jno W Ramsey and Harvey Mays here in court each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 each to be made and levied of their respective goods and chattels lands and tenements and to the use of the use of the Commonwealth rendered upon condition that they each personally appear before the judge of this Court and give evidence on behalf of Samuel Osborn & others at the suit of the Commonwealth and that they will not depart thence without leave of the Court, then this recognizance to be void.
The Commonwealth vs } On an Indictment for an assault William Keith deft
This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney, and thereupon came also a jury to wit; William C Bickley, Henry G Meade, Jas W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, William Combs
185
Samuel A Johnson, Archer S Jessee and George W Dickenson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to fifty cents" Therefore it is considered by the Court that the deft make his find by the payment of Fifty cents to the commonwealth & the costs and may be taken &c
The Commonwealth vs } On an Indictment for an assault George McClannahan deft
This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney, and thereupon came also a jury to wit; Edwin R Smith, Joseph Hackney, John T Cowan, William Hardin, John D Burnett, Thomas Gibson, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, John P Robinson and Wilson Elliott who being selected according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to one dollar" Therefore it is considered by the Court that the deft make his find by the payment of one dollar to the commonwealth & the costs and may be taken &c
The Commonwealth vs } On an Indictment for an assault Vanransalier Sutherland deft
This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney, and thereupon came also a jury to wit; William C Bickley, Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, Jas H Browning, Martin C Jessee, Samuel A Johnson, William Combs, Archer Jessee and Geo W Dickenson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft not guilty" Therefore it is considered by the Court that the deft be acquitted of the Indictment aforesaid and go hence thereof &c
The Commonwealth vs } On an Indictment for a Trespass James C Gibson deft
This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment
186
and put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Henry G Meade, James W Hendricks, Archer S Jessee, Edwin R Smith, John T Cowan, John D Burnett, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, Wilson Elliott and John P Robinson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to five dollars" Therefore it is considered by the Court that the deft make his fine by the payment of Five dollars to the commonwealth and the costs and may be taken &c
The Commonwealth vs } On an Indictment for retailing ardent spirits John D Burnett deft
This day case as well the attorney prosecuting for the commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment & put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Wm C Bickley, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Geo W Dickenson, Joseph Hackney, Wm Hardin and Thomas Gibson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft not guilty" Therefore it is considered by the Court that the deft be acquitted of the indictment aforesaid and go hence thereof
The Commonwealth vs } On an Indictment for an assault William Skeen deft
This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney, and thereupon came also a jury to wit; Henry G Meade, James W Hendricks, Archer S Jessee, Edwin R Smith, John T Cowan, John D Burnett, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, John P Robinson & Wilson Elliott who being selected by lot tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to one dollar" Therefore it is considered by the Court that the deft make his fine by the payment of one dollar to the
187
commonwealth and the costs and may be taken &c
The Commonwealth vs } On an Indictment for an assault Jacob Snider deft
This day case as well the attorney prosecuting for the commonwealth in this court as the deft by his attorney and thereupon came also a jury to wit; Wm C Bickley, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Geo W Dickenson, Jos. Hackney, Wm Hardin and Thomas Gibson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft not guilty" Therefore it is considered by the Court that the deft be acquitted of the indictment aforesaid and go hence thereof &c
The Commonwealth vs } On an Indictment for an assault Thomas H Garrett jr deft
The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court confesses judgment for a fine of one dollar. Therefore it is considered by the Court that the deft 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 John T Smith deft
The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court confesses judgment for a fine of one dollar. Therefore it is considered by the Court that the deft 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 Henry S Edwards deft
The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court confesses judgment for a fine of one dollar. Therefore it is considered by the Court that the deft make his fine by the payment of one dollar to the Commonwealth and the costs and may be taken &c
188
The Commonwealth vs } On an Indictment for Lewdness William F Dunford & Rosanna Dickenson defts
The deft Wm F Dunford in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court confesses judgment for the costs in this case. Therefore it is considered by the Court that the deft Dunford pay the costs and may be taken &c. And it is further ordered that this suit be dismissed as to said Dickenson
John W Dorton having been this day guilty of a contempt to the court in the presence thereof, it is considered by the Court that for his said contempt he make his fine by the payment of Five dollars to the Commonwealth and the costs
John C Browning plt vs } On a motion on a forthcoming bond Harvey Gray & William T Bausell defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $496.06. But to be discharged by the payment of $247.03 with legal interest thereon from the 3d day of December 1853 till paid and the costs
Robert Gibbony plt vs } On a motion on a forthcoming bond The Same defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $353.40. But to be discharged by the payment of $176.70 with legal interest thereon from the 20th day of December 1853 till paid and the costs
Charles Carrell Executor of James P Carrell decd plt vs } On a motion on a forthcoming bond Marion T Bickley, George H Gray and Aaron H Nash defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $1355.74. But to be discharged by the payment of $677.87 with legal interest thereon from
189
the 5th day of December 1855 till paid and the costs
Andy F Hendricks and Aaron L Hendricks executors of the last Will and Testament of Aaron Hendricks decd plts vs } On a motion on a forthcoming bond Dale Carter & Henry G Meade defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $3842.58. But to be discharged by the payment of $1927.29 with legal interest thereon from the 2d day of December 1855 till paid and the costs
The Commonwealth vs Wm Richardson Deft - Indictment Same vs James Short Deft - Indictment Same vs Elias Hicks Deft - Indictment Same vs Jno Brummett Deft - Indictment Same vs John Mason Deft - Indictment Same vs Eliza Hardin Deft - Indictment Same vs Wm Price Deft - Indictment Same vs Wm Hardin Deft - Indictment Same vs George W Neece Deft - Indictment Same vs Edmund Dickenson Deft - Indictment
The attorney prosecuting for the Commonwealth in this court with leave of the court saith that he will not further prosecute in these cases
The Commonwealth vs Geo W Shoemaker Deft - Indictment
It appearing to the Court that the deft has departed this life, it is ordered that this suit be abated
The Commonwealth vs John & Jas. McKinney Defts - Indictment Same vs Jesse Keith Deft - Indictment Same vs Valentine Bush Deft - Indictment Same vs James O Dotson Deft - Indictment
For reasons appearing to the Court it is ordered that these causes be continued until the next term
The Commonwealth vs John Jordon deft - For Felony
For reasons appearing to the Court it is ordered that this cause be continued until the next term
The Commonwealth vs Robert Barker Deft - Indictment
The deft by his attorney pleaded not guilty to the indictment and put himself upon the country and the attorney prosecuting for the commonwealth did likewise and the cause is continued until the next term
The Commonwealth vs Hanson M Hooe deft - Indictment
The capias awarded at the last term against the said deft having been returned not executed it is
190
ordered that a new capias be awarded against him directed to the sheriff of Prince William County returnable here on the first day of the next term until which time the cause is continued
The Commonwealth vs Robert Beverley deft - Indictment Same vs William Skeen deft - Indictment
The summons awarded at the last term against the said defts having been returned not executed it is ordered that a new summons be awarded against them directed to the sheriff of Wise County returnable here on the first day of the next term until which time the cause is continued
The Commonwealth vs Daniel Hagy deft - Indictment Same vs James Hay deft - Indictment
The capiases awarded at the last term against the said defts having been returned not executed it is ordered that a new capias be awarded against them returnable here on the first day of the next term until which time the cause is continued
The Commonwealth vs Eli Hall & Mary Scarberry defts - Indictment
The capiases awarded at the last term against the said defts not having been returned it is ordered that a new capias be awarded against him directed to the sheriff of Scott County returnable here on the first day of the next term until which time the cause is continued
The Commonwealth vs Wesley Barker deft - Indictment
The summons awarded against the deft at the last term having been returned not executed it is ordered that a new summons be awarded against them directed to the sheriff of Scott County returnable here on the first day of the next term until which time the cause is continued
Ordered that this court be adjourned until tomorrow morning at 9 oclock
G. W. Hopkins
191
At a Circuit Court continued & held for Russell County at the Courthouse thereon Tuesday the 29th day of April 1856
Present, the Same Judge as on yesterday
The Grand Jury sworn in Court on yesterday appeared in Court according to their adjournment, were sent out of court further to consult upon their presentments, and after some time returned into court and presented - An Indictment against Randolph Fields for a trespass - "A True Bill" - An Indictment against William Combs for an assault - "A True Bill" - An Indictment against Henry Hunt for an assault - "A True Bill" - An Indictment against Daniel McCloud for an assault - "A True Bill" - An Indictment against Stephen Boothe for an assault - "A True Bill" - An Indictment against Daniel McCloud for carrying concealed weapons - "A True Bill" - An Indictment against John Powers jr for an assault - "A True Bill" - and An Indictment against David McFadden for an assault - "A True Bill" and having nothing further to present they are discharged
On the motion of the attorney prosecuting for the commonwealth in this court, it is ordered that a summons be awarded against each of the persons whom the grand jury hath this day found bills of Indictments requiring them to appear here on the first day of the next term and answer to said Indictments respectively
The Commonwealth vs } On an Indictment for an assault John Henry deft
This day case as well the attorney prosecuting for the commonwealth in this court 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; Wm C Bickley, Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Archer S Jessee and George W Dickenson who being selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to $1.00" Therefore it is considered by the Court that the deft be make his fine by the payment of one dollar to the
192
commonwealth and the costs and may be taken &c
The Commonwealth vs } On an Indictment for an assault John Robinson deft
This day case as well the attorney prosecuting for the commonwealth in this court 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; Edwin R Smith, Joseph Hackney, John T Cowan, William Hardin, John D Burnett, Thomas Gibson, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington 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 "We of the jury find the deft not guilty" Therefore it is considered by the Court that the deft be acquitted of the indictment aforesaid and go hence thereof and recover against Thomas H Garrett senr who entered himself as prosecuter in this case his costs in this behalf expended
The Commonwealth vs } On an Indictment for an assault Henry Hunt deft
Same vs } On an Indictment for an assault Wm T Bauswell deft
Same vs } On an Indictment for an assault Charles D Boyd deft
Same vs } On an Indictment for an assault Vivin Meade deft
Same vs } On an Indictment for an assault Stephen Boothe deft
Same vs } On an Indictment for an assault Richard L Meade deft
The defts in their proper persons comes into Court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court each confesses judgments for a fine of $1.00. Therefore it is considered by the Court that the defts make their fines by the payment of $1.00 each to the commonwealth and the costs and may be taken &c
193
Andrew C Ferguson plt vs } On a motion on a forthcoming bond Michael Ascue & Vincent Browning defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $1033.32. But to be discharged by the payment of $516.66 with legal interest thereon from the 21st day of November 1855 till paid and the costs
Jacob Dorton who sues for the benefit of S White attorney for Louisa Johnson plt vs } On a motion on a forthcoming bond Aaron L Hendricks & Thomas D Boyd defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $343.04. But to be discharged by the payment of $171.52 with legal interest thereon from the 22d day of November 1855 till paid and the costs
Charles Carrell executor of James P Carrell decd plt vs } On a motion on a forthcoming bond The Same defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $1936.14. But to be discharged by the payment of $968.07 with legal interest thereon from the 23d day of November 1855 till paid and the costs
George Cowan who sues for the benefit of Thomas H Lynch plt vs } On a motion on a forthcoming bond Caleb Griffeth, Michael Ascue, Thos. D Boyd and John W Litton defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $546.40. But to be discharged by the payment of $273.30 with legal interest thereon from the 22d day of November 1855 till paid and the costs
194
Jefferson Higginbotham who sues for the benefit of Samuel W Higginbotham plt vs } On a motion on a forthcoming bond Richard Ferrell, Larken Ferrell & William Ferrell defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $455.14. But to be discharged by the payment of $228.07 with legal interest thereon from the 3d day of December 1855 till paid and the costs
Andy F Hendricks & Aaron L Hendricks executors of the last Will and Testament of Aaron Hendricks decd plts vs } On a motion on a forthcoming bond Edward B Price and Robert Boyd defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $161.40. But to be discharged by the payment of $80.70 with legal interest thereon from the 7th day of November 1855 till paid and the costs
Edwin R Smith who sues for the benefit of John Morrison plt vs } On a motion on a forthcoming bond Andrew C Ferguson & John C Ferguson defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $624.08. But to be discharged by the payment of $312.04 with legal interest thereon from the 11th day of Feby 1856 till paid and the costs
Aaron L Hendricks plt vs } On a motion on a forthcoming bond Benjamin F Price & John C Linticum defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $152.12. But to be discharged by the payment of $70.44 with legal interest thereon from the 29th day of October 1855 till paid and the costs
195
Thomas G McConnell & David G Thomas merchants and patrons trading under the firm & style of T T G McConnell plt vs } On a motion on a forthcoming bond Michael Ascue & Robert Burk defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $328.50. But to be discharged by the payment of $164.25 with legal interest thereon from the 3d day of December 1855 till paid and the costs
Abram Hupp, Wm Coffman & James P Mays partners acting & trading under the firm & style of Hupp & Co plts vs } On a motion on a forthcoming bond Ancil Ascue, John W Litton & Michael Ascue defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $120.42. But to be discharged by the payment of $60.21 with legal interest thereon from the 1st day of December 1855 till paid and the costs
John C Ferguson who sues for the benefit of Robert Boyd plt vs } On a motion on a forthcoming bond Michael Ascue, John W Litton & Caleb Griffeth defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $293.67. But to be discharged by the payment of $293.67 with legal interest thereon from the 23d day of October 1855 till paid and the costs
Vincent Browning plt vs } On a motion on a forthcoming bond Ancil Ascue, Michael Ascue and John W Litton defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against
196
the said defts for the sum of $1113.14. But to be discharged by the payment of $556.57 with legal interest thereon from the 23d day of November 1855 till paid and the costs
Stephen Taylor who sues for the benefit of Samuel Taylor plt vs } On a motion on a forthcoming bond Benjamin F Price & John C Linticum defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $153.86. But to be discharged by the payment of $76.93 with legal interest thereon from the 29th day of October 1855 till paid and the costs
Stephen G Samples & James M Cecil admrs of James Samples decd plts vs } On a motion on a forthcoming bond Andrew C Ferguson & John C Linticum defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded him against the said defts for the sum of $274.14. But to be discharged by the payment of $137.07 with legal interest thereon from the 26th day of November 1855 till paid and the costs. Cr 1855 Decr 4th - $45.10
Hezekiah Patrick plt vs } On a motion on a forthcoming bond James B Low & John C Ferguson defts
It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $235.74. But to be discharged by the payment of $117.62 with legal interest thereon from the 1st day of December 1855 till paid and the costs
The Commonwealth vs Vincent Browning deft - Indictment
The deft by his attorney demurred to the indictment in which the attorney for the commonwealth joined and issue, the deft by his attorney also pleaded not guilty & put himself upon the country and the attorney for the commonwealth did likewise and the cause is continued until the next term
On the motion of Richard H Lynch clerk of this court Wilson E Campbell is admitted as his deputy and
197
thereupon he took 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
Alexander R Preston who sues for the benefit of Joseph Stras plt vs } In Debt Robert Boyd & Aaron L Hendricks late partners trading under the firm & style of Boyd & Hendricks defts
This day came the defts in their proper person into court and acknowledge the plts action for the sum of $548.80 with interest thereon from the 1st day of March 1855 till paid. Therefore it is considered by the court that the plt recover against the said defts the sum of $548.80 with interest thereon from the 1st day of March 1855 till paid and the costs
The President & Directors of the Russell & Washington Turnpike Company plts vs } In Covenant Thomas L Preston, Thomas C M Alderson & John F McElhenney defts
This day came the parties by their attorneys and thereupon came also a jury to wit; Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Archer S Jessee, Geo W Dickenson, John D Burnett and Lewis Arrington who having selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oaths do say "We the jury find for the plts and assess their damages to Five hundred dollars" Therefore it is considered by the court that the plts recover against the defts the sum of $500.00 the damages aforesaid by the jurors aforesaid in form aforesaid assessed and their costs in the behalf expended
Jesse R Green plt vs } In Case Colebert Dorton deft
This day came the deft by his attorney & the plt being solemnly called failed to appear, nor in his suit further prosecuted. Therefore it is considered by the court that the deft recover against the plt $5.00 damages according to law and his costs in this behalf expended. And on the motion of the plt by his attorney & for reasons appearing to the court is is ordered that this suit be reinstated
198
William Jessee plt vs } In Case Abraham Childress deft
The plt having directed this suit to be dismissed, it is therefore ordered that the same be dismissed accordingly, and that the deft recover against the plts his costs in this behalf expended
Commodore P Shockley plt vs } In Case James Hartsock deft
On the motion of deft and for reasons appearing to the court it is ordered that this suit be continued until the next term at the costs of the deft. It appearing to the satisfaction of the court that the plt is not an inhabitant of this commonwealth. On the motion of the deft by his attorney it is ordered that this suit be dismissed at the next term unless security for the payment of such costs and damages as may be awarded the deft and also of teh fees which will become due from the plt to the officers of this court, be given within with the clerk within sixty days from this time
The Commonwealth vs Chas. Short & Sally Mullins deft - Indictment
The Capias awarded at the last term against the defts having been returned not executed, it is ordered that a new capias be awarded against them directed to the sheriff of Wise County returnable here on the first day of the next term
The Commonwealth vs John Hall deft - Indictment Same vs same deft - Indictment
For reasons appearing to the court it is ordered that these suites be continued until the next term
The Commonwealth vs Henderson Baker deft - Indictment Same vs Jas. McClannahan deft - Indictment Same vs David J Salyers deft - Indictment
The summons awarded in these cases at the last term having been returned not executed it is ordered that a new summons be awarded against them returnable here on the first day of the next term
Robt McNutt plt vs John A Collins deft - In Case Leahsville Factory plt vs Hanson Hobbs deft - In Case
The plts having directed these suits to be dismissed, it is therefore ordered that the same be dismissed accordingly
Ordered that Court be adjourned until tomorrow morning at 9 oClock
G. W. Hopkins
[Pages 199-201 missing]
202
Henry S Hally plt vs William L Garrett &c - deft - In Debt
The deft by his attorney pleaded payment to which the plt by his attorney replied generally & issue and thereupon the office judgement is set aside. It appearing to the satisfaction of the Court that the plt is not an inhabitant of this Commonwealth on the motion of the deft by his attorney, it is ordered that this suit be dismissed at the next term unless security for the payment of such costs and damages as may be awarded the deft and also of the fees which will be come due from the plt to the officers of this court be given with the clerk within sixty days from the time, & the cause is continued until the next term
A Crump for &c plt vs A F Hendricks deft - In Case Geo W Hopkins plt vs Same deft - In Case Harry Smiths heirs plt vs Eli Jackson deft Right Alexr McFarlane plt vs Jno Alexander deft - In Case Andw J Dotson plt vs Wm Nash deft - In Case Elijah Ferrell admr plt vs Thos J Riley deft - In Debt Martin Fraley plt vs Wm C Jackson deft - In Case Ephraim Skeen plt vs Wm Hardin deft - AB Henry Lawson plt vs Jos Hackney deft - In Case Pleasant Howell plt vs Harvey Gray deft - In Covt Hanson Hobbs plt vs Andw C Ferguson deft - In Debt Hiram Fullen plt vs Jno C Lintecum deft - In Trover William Nash plt vs Cullen Combs deft - In Case
For reasons appearing to the Court it is ordered that these causes be continued until the next term
Isaac Moore plt vs Danl S Dickenson deft - Ejectmt Dale Carter plt vs Joseph Short deft - Caveat Same plt vs Wm W Sowards deft - Caveat Same plt vs Thomas Sowards deft Caveat Same plt vs Same deft Caveat Same plt vs Wm Ramsey deft Caveat Silas Castle plt vs Preston White deft - In Case
For reasons appearing to the Court it is ordered that these causes be continued until the next term at the costs of the defts
John Banner plt vs Snider & Boyd deft - In Debt
The plt by his attorney having directed this suit to be dismissed, it is therefore ordered that the same be dismissed accordingly
The Commonwealth vs Josiah Tignor deft - On a fifa
On the motion of Wm N Leece late deputy sheriff in this county, leave is granted him to amend his return made on tha fifa in this case which is accordingly done
203
Ordered that Richard H Lynch Clerk of this Court be allowed the sum of Fifteen dollars for his public service 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 Robert Boyd sheriff of this county be allowed the sum of Ten dollars for his public service since the last term. And that Isaac W M Davis jailor of this county be allowed the sum of Fifteen dollars for his services as jailor since the last term and that the said allowances be certified to the auditor of public accounts
The Commonwealth vs Gabriel Jessee deft - Scirefacias Same vs Same deft - Scirefacias
The deft by his attorney moved the court to quash the recognizance upon which the scirefacias issued, and the causes are continued until the next term
Ordered that Court be adjourned until tomorrow morning at 9 o'clock
G. W. Hopkins
At a Circuit Court continued & held for Russell County at the Courthouse on the 1st day of May 1856
Present, the same Judge as on yesterday
The Court having ordered Jessee Browning deputy sheriff for Robert Boyd sheriff of this County, to summon sixteen persons to attend here on the 4th day of this term as a grand jury of inquest for the county.
William E Frick foreman, Leonard Shoemaker, Charles Carrell, Ezekiel B Garrett, Samuel H Nash, Wm Hardin, Joseph Hackney, Abraham Campbell, Hiram Fullen, Solomon Litton, Andrew C Ferguson, Vivin Meade, Samuel Whetsel, Robert C Boyd, Robt M Fields and Francis Lark 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 time returned into court and presented
An Indictment against _____ Tucker for unlawfully keeping & exhibiting a gaming table commonly called a faro bank "A True Bill" and having nothing further to present they are discharged
On the motion of the attorney prosecuting for the commonwealth in this Court it is ordered that a capias be awarded against _____ Tucker whom the grand jury hath this day found a bill of Indictment returnable here on this day requiring him to answer to said indictment
204
The Commonwealth vs } On an Indictment for keeping & exhibiting a faro bank _____ Tucker deft
The deft was led to the bar in custody of the jailor & the deft by his attorney demurred to the Indictment & the attorney prosecuting for the commonwealth joined in the demurrer and it being argued it seems to the court here that the law is for the defendant. There it is considered by the Court that the deft be acquitted of the Indictment aforesaid; and it is ordered that the deft be retained in custody by the jailor of this County
The Commonwealth vs } On an Indictment for keeping & exhibiting a faro bank _____ Tucker deft
This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney who offered a plea in writing to the filing of to which the attorney prosecuting for the Commonwealth objected and the Court sustained the objection and refused said plea to be filed, the deft then pleaded not guilty to the indictment and put himself upon the country & the attorney prosecuting for the Commonwealth did likewise & thereupon came also a jury to wit; Richard L Meade, John P Dickenson, Wm L Garrett, Andrew Williams, Nathaniel B Stewart, Archer S Jessee, Henry Holaway, Wm Williams, Edwin R Smith, Elijah Sutherland, Jno C Linticum & John T Cowan who being selected by lot tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the defendant guilty and assess his fine to $110.00 and two months imprisonment." Therefore it is considered by the Court that the commonwealth recover against the defendant the sum of $110.00 the find by the jurors in their verdict assessed and the costs of this prosecution; and also that the said defendant be imprisoned in the jail of this county without bail or mainprize for the term of two months. And therefore it is ordered that the said deft be committed to jail. Memo - That upon the trial of this case the deft tendered two bills of exceptions to an opinion of the Court which were signed & sealed and ordered to be made part of the record
Robert Boyd Sheriff of this County presented an account against the Commonwealth amounting to the sum of $3.00 for summoning a venire against Saml. Osborn & others and Isaac Honaker charged with felony
205
and made oath thereto which has been examined by the Court allowed and ordered to be certified to the auditor of public accounts
Jesse Vermillion plt vs } In Debt Samuel & John C Weddle
Plea waived judgment by non sum informatus for the sum of $400.00 the debt in the declaration mentioned with legal interest thereto from the 1st day of September 1854 till paid and the costs. 1854 Septr 1st Cr $18.00
William P A Price who sues for the benefit of John C Linticum plt vs } In Debt Michael Ascue deft
The plt having directed this suit to be dismissed it is therefore ordered that the same be dismissed accordingly. Whereupon it is considered by the Court that the deft recover against the plt $5.00 damages
David Vicars plt vs Benjn Bundy deft - In Case Same plt vs Benjn Bundy & wife defts - In Case
For reasons appearing to the Court it is ordered that these causes be continued until the next term
Aaron L Hendricks plt vs } In Debt Andrew C Ferguson deft
The defendant by his attorney pleaded payment to which the plaintiff by his attorney replied generally & issue and leave is granted him to plead any special matter at or before the next term and thereupon the office judgment is set aside and the cause is continued until the next term
The Same plt vs } In Debt The Same deft
The defendant by his attorney pleaded payment to which the plaintiff by his attorney replied generally and issue, the defendant also filed a plea of set offs to which the plaintiff by his attorney replied generally and thereupon the office judgment is set aside and the cause continued until the next term
Ordered that the following named persons are entitled to the sums to their respective names annexed for their service as jurors at this term
206
of this court and that the same is payable as is stated opposite to each of their names which is ordered to be certified
Ordered that the Sheriff be directed to summon seventeen persons to attend this court as Grand Jurors instead of Twenty four as is now required by law to be summoned
No further business appearing for this Court, ordered that Court be adjourned until the first day of the next term
G. W. Hopkins
207
George W Johnson plt vs } In Debt Aaron L Hendricks 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 office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 26th day of May 1855 till paid & the costs
William H Hubbard, James H Gardner and Ambrose Carlton merchants and partners in trade under the firm and style of Hubbard, Gardner & Carlton plts vs } In Debt Tyre Culbertson & Samuel Salyer merchants & partners in trade under the firm & style of Culbertson & Salyer defts
This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $293.45 with legal interest thereon from the 19th day of December 1854 till paid & the costs
The Same plts vs } In Debt Tyre Culbertson,& Samuel Salyer, Logan Salyer & Robert Hamilton merchants & partners in trade under the firm & style of Culbertson, Salyer & Co defts
This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $263.22 with legal interest thereon from the 19th day of December 1854 till paid & the costs
William D Waggoner plt vs } In Debt Harvey Gray deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $128.00 with legal interest thereon from the 8th day of August 1855 till paid & the costs
May 1st, 1856 208
that the plt recover against the deft the sum of $177.64 with legal interest thereon from the 6th day of October 1855 till paid & the costs.
John M Preston plt vs } In Debt Andrew C Ferguson defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $389.00 with legal interest thereon from the 18th day of July 1855 till paid & the costs.
Peter C Johnston who sues for the benefit of John M Preston plt vs } In Debt Nimrod Elam deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $50.00 with legal interest thereon from the 14th day of March 1848 till paid & the costs.
Ellis B Long & William W Byrn late merchants and partners in trade under the firm & style of Long & Byrn plts vs } In Debt Tyre Culbertson one of the firm of Culbertson & Salyer defts
This day came the plts by their attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plts recover against the deft the sum of $82.37 with legal interest thereon from the 2d day of March 1855 till paid & the costs.
Jesse Browning plt vs } In Debt Meredith C Logan, Charles D Boyd and Henry G Meade defts
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $63.75 with legal interest thereon from the 3d day of April 1855 till paid & the costs.
208
Hugh N Sergent who sues for the benefit of John F McElhenney plt vs } In Debt John C Weddle deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $55.00 with legal interest thereon from the 1st day of June 1854 till paid & the costs
John C Linticum plt vs } In Debt Michael Ascue, Caleb Griffeth & Ancil Ascue defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 30th day of September 1854 till paid & the costs. 1855 Novr 29th Cr $25.00
John D Burnett & Hugh D Ferguson late partners in trade under the firm and style of Burnett & Ferguson plts vs } In Debt Michael Ascue & Harvey Gray deft
This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $125.00 with legal interest thereon from the 17th day of July 1855 till paid & the costs
Thomas McGraw who sues for the benefit of A M Ferguson plt vs } In Debt Michael Ascue & James F Litton deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $120.00 with legal interest thereon from the 1st day of September 1855 till paid & the costs
Aaron L Hendricks plt vs } In Debt Austin B Smith defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and
209 May 1st 1856
Benjamin WmSon who sues for the benefit of Elijah Ferrell plts vs } In Debt Michael Ascue, John W Litton & Harvey Gray defts
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $767.12 1/2 with legal interest thereon from the 27th day of December 1854 till paid & the costs
Robert M Fields plt vs } In Debt Caleb Griffeth defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $76.60 with legal interest thereon from the 9th day of Augt 1855 till paid & the costs
Horton & Carter surviving partners of Horton & Carter who sues for the benefit of Hubbard, Gardner & Carlton plt vs } In Debt Isaiah Drake defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $135.42 with legal interest thereon from the 28th day of July 1855 till paid & the costs
William Elam who sues for the benefit of Nimrod Elam plt vs } In Debt Tyre Culbertson defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $100.00 with legal interest thereon from the 25th day of December 1851 till paid & the costs. Cr 1853 Octo 10th - $14.00 Octo 18th $5.50 Decr 1st $50.00
Benjamin H Warder surviving partners of Jeremiah & Benjamin H Warder plt vs } In Debt Harvey Gray defts
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judg-
210
ment obtained in the office be made final and that the plt recover against the deft the sum of $49.00 with legal interest thereon from the 25th day of January 1850 till paid & the costs
Charles Carrell executor of James P Carrell decd plt vs } In Debt Tyre Culbertson surviving obligor of himself and David Salyer deft
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 16th day of May 1854 till paid & the costs
Isaac Bartley who sues for the benefit of George Aston Warder plt vs } In Debt Harvey Gray deft
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $150.00 with legal interest thereon from the 28th day of November 1851 till paid & the costs
Benjamin H surviving parter of himself and Jeremiah Warder plt vs } In Debt Harvey Gray and John Dickenson partners trading under the firm and style of Gray & Dickenson deft
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $235.30 with legal interest thereon from the 8th day of December 1854 till paid & the costs. Cr 1844 Decr 15th $50.00 1845 Decr 23d $10.00
Josephus Weddle who sues for the benefit of James S Browning plt vs } In Debt Isaiah J Burk and Andrew C Ferguson defts
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $61.15 with legal interest thereon from the 11th day of February 1855 till paid & the costs
211 May 1st 1856
Abraham Fuller plt vs } In Debt Richard Ferrell and William Johnson defts
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $150.00 with legal interest thereon from the 17th day of September 1851 till paid & the costs
Thomas Davis who sues for the benefit of Jesse Browning plt vs } In Debt James F Litton deft
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $139.45 with legal interest thereon from the 5th day of January 1855 till paid & the costs
William L Ball plt vs } In Debt Harvey Gray deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $176.00 with legal interest thereon from the 14th day of October 1854 till paid & the costs. Cr 1855 Decr 25th $76.00
George C Gose plt vs } In Debt Harvey Gray deft
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 20th day of Novr 1854 till paid & the costs.
Abel Alderson & Samuel W Aston merchants & partners in trade under the firm & style of Alderson & Aston who sue for the benefit of Jesse Browning plts vs } In Debt Peter B Henritze
This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made
May 1st 1856 212
final and that the plt recover against the deft the sum of $110.42 with legal interest thereon from the 6th day of November 1851 till paid & the costs. Cr 1854 Decr $30.00 and $20.00 amt of claims allowed by overseers of Poor for the years 1854 & 1855
Vincent Browning plt vs } In Debt Caleb Griffeth and Michael Ascue defts
This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $78.00 with legal interest thereon from the 1st day of September 1855 till paid & the costs
Tabitha Cowan plt vs } In Debt George A Pruner & Samuel W Aston defts
This day came the plt by her attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $197.00 with legal interest thereon from the 14th day of October 1855 till paid and the costs
Teste R H Lynch C. C.
Be it known to all whom it may concern that William I Dickenson Esqr. has this day produced to me, a certificate of his election as attorney for the commonwealth in and for the county of Russell and thereupon, I administered him the several oaths prescribed by law, that is to say the oath of fidelity to the Commonwealth of Virginia, the oath against duelling, the oath to support the constitution of the United States and the oath of office
The Clerk of the circuit court of said county of Russell will therefore receive and file in his office, this my certificate of the due qualifications of the said William I Dickenson as attorney for the commonwealth in said court. Given under my hand the 1st day of July 1856
G W Hopkins
|
