Circuit Court Law Order Book, 1850, Spring Term (April, 1850)

Monday, April 15 1850 1

At a Circuit Superior Court of Law and Chancery held for Russell County, at the Courthouse on Monday the 15th day of April 1850.

Present Benjamin Estell, Esquire, Judge of the 15th Circuit.

Daniel J. Ayres, foreman, Wesley Gibson, Joshua Counts, Joseph C. Fugate, John D. Alderson, Christian Easterly, Robert Johnson, William Gibson, Moses Dorton, Thomas Mead, Nathan T. Mead, James Samples, John T. Cowan, John Garrett, John Thompson, Thomas H. Garrett, Ira Reynolds, Samuel Leece, Christopher Peck, Thomas Gibson, Frederick Clark.

were sworn a Grand Jury of inquest for the body of this County, and having received their charge withdrew, and the following named witnesses were sworn in Court and sent to the Grand Jury to give evidence. Harvey M. Perkins, Charles Johnson, Caleb Griffith, Ira Reynolds, and Frederick Clark. The said Grand Jury after some time returned into Court and presented,.-

An Indictment against Jackson Riley for house burning, a true bill; and then the said Grand Jury were adjourned till tomorrow morning at 10 Oclock.

Jackson Riley, late of the County of Russell, who stands indicted for feloniously and maliciously burning a dwelling house, and was committed for trial before an examining Court for said felony, was, on motion of his counsel, brought into Court, and, waiving his right of trial before an examining Court; it was ordered that a venire facias be awarded, returnable forthwith requiring the Sheriff of this County to summon a venire for the trial of the accused, as the law requires;
and the said Jackson Riley being placed at the bar and arraigned upon the said indictment, pleaded not guilty thereto: Whereupon, came a jury, to wit; Jacob Rasnick, William Bradshaw, Abraham Campbell, William Stinson, Stephen Gose, John Alexander, jr., James W. Hendricks, Adam Wisor, Henry G. Mead, Vivian M. Mead, Isaac Bartley and Isaac Taylor, who being elected by lot, tried and sworn, the truth, of and upon the promises to speak, and having partly heard the evidence, were, with the consent of the prisoner, committed to the custody of the Sheriff of this count, who is directed to keep them together without communication with any other person, and to cause them to appear here tomorrow morning at ten o'clock: whereupon, an oath was administered to Robert Boyd and Isaac Vermillion deputy Sheriffs of this County to the following effect: "You shall well and truly, to the best of your ability, keep this jury, and neither speak to them yourselves, nor suffer any other person to speak to them touching any matter relative to this trial until they return into Court tomorrow. And the said Jackson Riley is remanded to jail.

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An inventory and appraisement of George Mutter's estate was produced in Court, and ordered to be accorded.

2 Monday, April 15th 1850.

George Cowan . . . . . Plaintiff
against } On a Forth Coming Bond
Rees B. Gillespie and Rees B. Gillespie jr. . Defendants

this day came the Plaintiff, by his Attorney, and it appearing from an affidavit endorsed on said bond that the Defendants have been duly notified, they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff recover against the Defendants $226.64 the penalty of said bond and his costs by him in this behalf expended: But, to be discharged by the payment of $113.32, with interest thereon to be computed after the rate of six per centum per annum from the 1st day of August 1849 till paid, and the costs, and execution is awarded accordingly.

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The Commonwealth
against } On a Forth Coming Bond
Simeon Hunt and Martin Honaker. . . Defendants

This day came the Attorney for the Commonwealth, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called, and not appearing, it is considered by the Court that the Commonwealth recover against the Defendants $100.84 the penalty of said bond, and the costs in this behalf suspended; but to be discharged, by the payment of $50.42 with interest thereon to be computed after the rate of six per centum per annum from the 1st day of February 1850 till paid, and the costs, and execution is awarded, accordingly, allowing a credit of $22. March 4th 1850.

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Alexander St Clair . . . . . Plaintiff
against } On a Forth Coming Bond
John G. Duff and Henry D. Smith - Defendants

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $169.62 the penalty of said Bond, and his costs by him in this behalf expended; but to be discharged, by the payment of $84.81 with interest thereon to be computed after the rate of six per centum per annum from the 2nd day of November 1849 till paid, and the costs, and execution is awarded, accordingly.

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Edwin R. Baylor . . . . Plaintiff
against } On a Forth Coming Bond
Joseph Boothe and Henry D. Smith . Defendant

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $163.50 the penalty of said Bond and

Tuesday, April 16th 1850. 3

his costs by him in this behalf expended: but to be discharged by the payment of $81.75, with interest thereon to be computed after the rate of six per centum per annum from the 7th day of January 1850 till paid, and the costs, and execution is awarded accordingly.

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Samuel Taylor . . . . . Plaintiff
against } On a Forth Coming Bond
John G. Duff and Henry D. Smith - Defendants

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court that the Plaintiff recover against the Defendants $272.70 the penalty of said Bond, and his costs by him in this behalf expended; but to be discharged, by the payment of $136.35 with interest thereon to be computed after the rate of six per centum per annum from the 2nd day of November 1849 till paid, and the costs, and execution is awarded, accordingly.

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Ordered that the Sheriff summon 24 persons qualified according to law to attend the Court here on tomorrow as jurymen.

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Ordered that the Court be adjourned till tomorrow morning at 10 Oclock.

B. Estill.


At a Circuit Superior Court of Law and Chancery continued and held for Russell County at the Courthouse, on Tuesday the 16th day of April 1850.

Present Benjamin Estill Esquire, judge of the 15th Circuit.
The Commonwealth vs. Granville Short, Deft. Indt. for Grand Larceny.
The Capias awarded against the defendant at the last Term being returned not executed on the motion of the Attorney for the Commonwealth an alias Capias as awarded against the Defendant, to the Sheriff of Russell County to be directed returnable here at the next Term, and this case is till then continued.

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The Commonwealth vs. Jacob Mullens and others. Indt. for assault
same vs. Noah Mullens. Deft. Indt. for assault
same vs. Jacob Mullens. Deft. Indt. for assault
same vs. Jacob Mullens and others. Indt. for assault

The plurias Capias awarded in there cases at the last Term being returned by the Sheriff of Scott County that the Defendants were not found.
On the motion of the Attorney for the Commonwealth other capiases are awarded against the defendants to the Sheriff of Scott County to be directed, returnable there at the next Term; and these cases are till then continued.

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The Commonwealth vs. The Justices of Russell County: On a Rule for not maintaining a sufficient Courthouse.
Further, time till the next Term is allowed the defendants to show such cause, and the case is till then continued.


4 Tuesday, April 16th 1850

The Commonwealth vs. Frederick Clark, Deft. Indt. for assault.
On the motion of the Attorney for the Commonwealth and for reasons appearing to the Court, this case is continued till the next Term.

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The Commonwealth vs. Calvin Short, Deft. Indt. for assault.
The summons awarded against the Defendant at the last Term not being executed, on the motion of the Attorney for the Commonwealth a Capias is awarded against the Defendant returnable here at the next term; and this cause is till then continued.

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The Commonwealth vs. Martin Fraley, Deft. Indt. for assault.
On the motion of the Attorney for the Commonwealth this case is continued till the next Term.

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The Commonwealth vs. James F. Litton. Deft. On an Indt. for retailing ardent Spirits without license.
The Defendant by McElhanney and Aston his Counsel pleaded not guilty and put himself upon the Country, and the Attorney for the Commonwealth likewise; and the trial of the issue is continued till next term.

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The Commonwealth vs. James Bush, Deft. Indt. for assault
Same vs Same, Deft. Indt. for assault
Same vs. Lilburn McFarlane, Indt. for retailing ardent spirits without license
Same vs. Ann Whited Deft on Indt. for assault
Same vs. Robert Whited Deft on Indt. for assault
Same vs. Samuel Hess Deft on Indt. for assault

The summonses awarded against the Defendants in these cases at the last Term not being executed, on the motion of the Attorney for the Commonwealth, it is ordered that new summonses be issued returnable here at the next Term, and these cases are till then continued.

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Jackson Riley who stands indicted for feloniously and maliciously burning a dwelling house was again brought to the bar and the jury for his trial were brought into Court by the Sheriff, and having fully heard the evidence upon their oath do say that the said Jackson Riley is not guilty, as in pleading he hath alledged, and proclamation being made as the manner is, and nothing further appearing or being alledged against him, it is ordered that he be discharged from his imprisonment and acquitted of the said felony.

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Richard Fields jr. late of the County of Russell, who stands indicted for Grand larceny, appeared in Court according to the condition of his recognizance entered into at the last Term, and thereupon, came a jury, to wit: Isaac McReynolds, Andrew Williams, Francis Browning, Joseph Necessary, Abraham Childris, David Willis, Harry Necessary, Absalom Baugh, James L. Long, George W. Dickenson, Isaac Munsey and Henry M. Honaker, who being selected by lot, tried and sworn the truth

Tuesday, April 16th 1850 5

of and upon the promises to speak, upon their oath do say that the said Richard Fields is not guilty as in pleading he hath alledged; and proclamation being made as the manner is, and nothing further appearing or being alledged against the said Richard Fields, it is ordered that he be acquitted and discharged.

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The Grand Jury appeared in Court according to their adjournment on yesterday and were again sent out of Court further, to consider of their presentments, Jas. S. Browning, Jesse Browning, Polly Richardson, Robt. Boyd & Geo. A. Pruner witnesses called on by the grand jury, were sworn in Court and sent to the Grand Jury to give evidence. The said Grand Jury after some time returned into Court and presented,

An Indictment against James Ray, for an assault, a true bill;
An Indictment against Hugh Johnson, for an assault, a true bill
An Indictment against Harvey Dye, for an assault, a true bill
An Indictment against George F. Fuller, for an assault, a true bill
An Indictment against Richard Elkins, for retailing ardent spirits without license, a true bill
An Indictment against Samuel Honaker, for retailing ardent spirits without license, a true bill;

And then the said Grand Jury, not having finished their enquiries, were further adjourned till tomorrow morning at 10 o'clock, except as to Christian Easterley, who was excused from further serving.

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William Addington for the benefit of James Alley, plaintiff
against } On a forth Coming bond
Samuel Dickenson, Andrew Williams and Henry g. Mead. Defts.

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the said James Alley recover against the Defendants $101.32 the penalty of said bond and his costs by him in this behalf expended; but to be discharged by the payment of $50.66 with interest thereon to be computed after the rate of six per centum per annum from the 5th day of November 1849 till paid and the costs, and execution is awarded accordingly.

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Samuel Smyth admr. of Tabith Smythe decd., plaintiff
against } On a forth Coming bond
Harvey Gray, John Dickenson & Thomas C. M. Alderson. Defts.

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the said James Alley recover against the Defendants $160.20 the penalty of said bond and his costs by him in this behalf expended. But to be discharged by the payment of $80.10 with interest thereon to be computed after the rate of six per centum per annum from the 8th day of October 1849 till paid and the costs


6 Tuesday, April 16th, 1850.


and execution is awarded accordingly.

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Rees B. Gillespie, plaintiff
against } On a forth Coming bond
William D. Gray, and George H. Gray. Defts.

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the said James Alley recover against the Defendants $381.58 the penalty of said bond and his costs by him in this behalf expended. But to be discharged by the payment of $190.79 with interest thereon to be computed after the rate of six per centum per annum from the 19th day of September 1849 till paid and the costs, and execution is awarded accordingly.

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Andrew Fraley, plaintiff
against } On a forth Coming bond
Harvey Gray, and Thomas C. M. Alderson. Defts.

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the said James Alley recover against the Defendants $134.92 the penalty of said bond and his costs by him in this behalf expended. But to be discharged by the payment of $67.46 with interest thereon to be computed after the rate of six per centum per annum from the 8th day of October 1849 till paid and the costs, and execution is awarded accordingly.
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Thomas C. M. Alderson &c. for the benefit of Charles L. Craigh, plaintiff
against } On a forth Coming bond
Joseph Jessee and Jesse Browning. Defendants.

This day came the plaintiff by their Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the said James Alley recover against the Defendants $232.76 the penalty of said bond and his costs by him in this behalf expended. But to be discharged by the payment of $116.38 with interest thereon to be computed after the rate of six per centum per annum from the 10th day of October 1849 till paid and the costs, subject to a credit for Thirty dollars paid April 8th, 1850; and execution is awarded accordingly.

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Same, for the same, plaintiff
against } On a forth Coming bond
Harvey Gray, and Thomas C. M. Alderson. Defendants.

This day came the plaintiff by his Attorney, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court, that the Plaintiff for the benefit of the

Wednesday, April 17th 1850. 7

said Charles L. Craigh, recover against the Defendants $158.68 the penalty of said bond, and his costs by him in this behalf expended; but to be discharged by the payment of $79.34 with interest thereon to be computed after the rate of six per centum per annum from the 8th day of October 1849 till paid and the costs, and execution is awarded accordingly.

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The Commonwealth, Plaintiff
against } On a forth Coming bond
Elijah Hicks and Benjamin Fugate Defendants

This day came the Attorney for the Commonwealth, and it appearing by the oath of the Sheriff that the Defendants have been legally notified, they were solemnly called and not appearing, it is considered by the Court, that the Commonwealth recover against the Defendants $75.68 the penalty of said bond and his costs in this behalf expended. But to be discharged by the payment of $37.84 with interest thereon to be computed after the rate of six per centum per annum from the 1st day of November 1849 till paid and the costs, and execution is awarded accordingly.

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Ordered that the Sheriff summon 24 person qualified according to laws, to attend here in Court as jury men tomorrow.

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Ordered that the Court be adjourned till tomorrow morning at ten o'clock.

B. Estill.


At a Circuit Superior Court of Law and Chancery continued and held for Russell County at the Courthouse on Wednesday the 17th day of April 1850.

Present, Benjamin Estill, Esquire, Judge of the 15th Circuit.
The Commonwealth vs. Creed Thompson Deft. Indt. for Trespass
This day came as well the Attorney for the Commonwealth as the Deft. by Dale Carter his Attorney who pleaded not guilty and put himself upon the Country, and the Attorney for the Commonwealth likewise; whereupon came a jury; to wit: James Rasnick, Martin Fraley, William Monk, Carrell Rasnick, Elias Marshall, James W. Hendricks, Richard R. Campbell, William H. Fields, William Lambert, Harvey Taylor, John Kelly, and James B. Monk, who, being elected tried and sworn the truth to speak upon the issue joined, upon their oath do say that the defendant is not guilty as in pleading he hath alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and that the Defendant go thereof without delay.

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The Commonwealth vs. Wm. & Jesse Keith Defts. On an indictment for disturbing religious worship.

The Summons awarded in this case at the last Term being returned executed upon the Deft Jesse Keith and not executed upon the Deft William Keith, and they not appearing; on the motion


8. Wednesday, April 17th 1850.

of the Attorney for the Commonwealth a Capias is awarded against the Defendant Jesse Keith, and a new summons against the Deft William Keith returnable here at the next Term, and the cause is till then continued.

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The Commonwealth vs. Abraham Necewander Deft. On an indictment for retailing ardent Spirits without license.

The Capias awarded against the Defendant at the last Term not being executed on the motion of the Attorney for the Commonwealth a new capias is awarded against the Defendant to the Sheriff of Tazewell County be be directed returnable here at the next Term and this cause is till then continued.

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The Commonwealth vs. John Powers Deft. Indictment for Assault.
Same vs. Joseph Fields Deft Indt. for an assault
Ordered that these cases be continued till the next Term.

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William C. Preston & others devisees of Sarah B. Preston Demandants
vs. } on a Writ of Right
Paul Vicars. . . . . Tenant

This day came the Tenant by his Attorney, and the Demandants being solemnly called did not appear nor is this suit further prosecuted by them: Therefore it is considered the Court that the Demandants be nonsuited, and that they pay to the tenants $5 damages, and his costs by him about his defense in the behalf expended.

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The Grand Jury appeared in Court according to their adjournments and were sent out of Court further to consider of their presentments, and after some time returned into Court and presented.

An indictment against Rolling R. Redwine for perjury, not a true bill
Two indictments against Henry Edwards for Assaults, true bill
An indictment against the the same for injuring the Jail of Russell County, a true bill:
An indictment against the same for public indecency, a true bill
An indictment against James Jordan for an Assault, a true bill
An indictment against Wm. H. Dean for an Assault, a true bill
An indictment against William Dernford, and Rosamond Dickenson for lewdly and laciviously associating and cohabiting together, a true bill
An indictment against Charles McKinney and Lavina McElyea, for lewdly and laciviously associating and cohabiting together, a true bill
An indictment against Samuel Dickenson for retailing ardent spirits unlawfully, a true bill;
And then the said Grand Jury, having nothing further to present, were discharged.

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Ordered that summonses be issued against the several persons against whom the Grand Jury have found indictments at this term returnable here at the next Term.


Wednesday, April 17th 1850. 9

The Commonwealth vs. Michael Askew, Deft.

On a rule for not attending as a witness at the last Term in a cause of the Commonwealth vs. Fanny Skeen.
the Defendant appeared in Court, and having shown sufficient cause for his non-attendance, it is ordered that the said rule be discharged.

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The Sheriff, for the benefit of Alexander McFarlane, Plaintiff.
vs. } In Debt.
John T. Smith and Dale Carter. Defendants

This day came the parties, by their attornies, and also a jury, to wit: James Rasnick, Martin Fraley, William Monk, Carrell Rasnick, Elias Marshall, Benjamin S. Whited, Drury Puckett, Elijah Rasnick, William H. Fields, William Lambert, John Kelley and James B. Monk, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say, that they find the issue for the Defendants. Therefore it is considered by the Court, that the Plaintiff take nothing by his bill, and that the Defendants go thereof without say and recover against the said Alexander McFarlane, their costs by them about their defence in this behalf expended.

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Ruth Darnold, Plt. vs. Thomas H. Garrett, Deft. In case.
Elizabeth Garrett, Plt. Vs. Same, Deft. In case.
James W. Hendricks, Plt. vs. Same, Deft. In case.

The parties mutually submit all matters in difference between them in these cases, to the final determination of James P. Carrell, Robert Boyd and John T. Smith, whose award thereupon is to be made the judgment of the Court, and the same is ordered accordingly, and the causes continued till the next term.

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Isaac Back, Plt. vs. Henry Maggard, Deft. In case.

Conformally with an order of the Plaintiff filed in this cause, it is ordered that this suit be dismissed at the Plaintiffs costs.

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Nicholas Honaker. . . . . Plaintiff.
vs. } In Dept
William B. Smallwood and Solomon Redwine, Defendants.

In pursuance of an an Award made between the parties by a rule of this Court entered at the last Term, it is considered by the Court that the Plaintiff recover against the Defendants twenty five dollars and thirty seven cents with interest thereon from the 28th day of February 1850 till paid, and his costs by him about his suit in this behalf expended.

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Harry Smith, Plaintiff vs. Simeon Hunt, Defendt. In Covenant.

This day came the parties by their Attornies, who, submitting to the Court the assessment of the Plaintiffs damages for the cause set forth on the declarations; it is considered by the Court, that the Plaintiff recover against the Defendant $120, dames, the amount in arrear for the rents stipulated in the Covenant in the


10 Wednesday, April 17 1850.

Plaintiffs declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 15th day of April 1846 till paid, and his costs by him about his suit in this behalf expended.

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Thomas H. Garrett Plaintiff
vs. } In debt
Martin G. Garrett Defendant

This day came the parties, by their attornies, and the Defendant's Attorney with drawing the pleas by him heretofore pleaded, saith he is not further informed of any other defence to be made by the said Defendant, whereby he remains entirely undefended in the same. Therefore it is considered by the Court, that the plaintiff recover against the Defendant $98.00 the debt in the declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 19th day of April 1848 till paid, and his costs by him about his suit in this behalf expended.

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Samuel F. Ramsey. Plaintiff
vs. } In case
Andrew J. Dotson Defendant

The Defendant by McElhenney and Aston his counsel filed a special plea, to which the plaintiff, by his counsel relied generally and put himself upon the country, and the Defendant likewise; whereupon it it ordered that the Writ of Enquiry awarded at the Rules in the case be set aside; and the trial of the issue is continued till the next Term.

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John W. Fields. Plaintiff
vs. } In case
Evelina Dickenson Defendant

Ordered that this suit be continued till tomorrow at the Defendant's costs.

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Reuben R. Fraley Plaintiff
vs. } In trespass, assault and battery
Martin Fraley Defendant

This day came the Defendant by his Attorney, and the Plaintiff being solemnly called came not, nor is this suit further prosecuted. Therefore, on motion of the Defendant, it is considered by the Court that the Plaintiff be non suited, and that he pay to the defendant five dollars damages, according to law, and his costs by him about his defence in this behalf expended.

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William C. Preston & others, for Stephen Gose, Demandants
vs. } On a writ of Right
Nelly Jessee and others Tenants

Same, for the same, Demandants
vs. } On a writ of Right
William Keith Tenant


Wednesday, April 17th 1850. 11

Jacob Rasnick, Plt. vs. David Cowan, Deft, In case.

James C. Shoemaker & wife Plaintiff
vs. } In case
William Kelly and wife Defendants

A motion of the Plaintiffs in these several cases the same are continued till the next term at their costs.

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William Monk, Plt. vs. Esais Bowman, Deft. In case.

On motion of the Defendant and for reasons appearing to the Court, it is ordered that this cause be continued till the next term at his costs.

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John M. Preston Demdt. vs. Ja's Campbell & others, Tenants, Right
Crump, for Hopkins, Plt. vs. Andy F. Hendricks, Deft. In case
George W. Hopkins, Plt. vs. Same, Deft. In case

Ordered that these causes be continued till the next Term.

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Harry Smith, Demdt. vs Eli Jackson, Tenant, Writ of Right

This day came the demandent by his Attorney; and it appearing by the return on the Writ of Praecipe Quod Reddat, issued in this cause, that the said tenant has been duly summoned, and he not appearing, though solemnly called, it is ordered, that if he be duly served with a copy of this order, and do not appear here at the next Term, judgment shall be entered against him.

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Shadrach White & others, for John Stinson, Demandant
vs. } writ of Right
Isaac Taylor, Tenant

This day came the parties, by their Attornies, and the demandant having filed his court at the Rules, the tenant now files his plea and the demandant his replication thereto; and thereupon, the mise is joined between the parties, and the trial thereof continued till the next Term.

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Henry Bowen, for Louisa S. Johnston. Demandant
vs. } On a writ of Right
William Alexander Tenant

The writ of Praecipe Quod Reddat, issued in this cause to the Sheriff of this County directed, being returned by the Sheriff, that the Defendant is not found in his bailiwick, on the motion of the demandant, it is ordered, that a Write if Exigi Facias be awarded against the said tenant, returnable here before this court on the second day of the next September Term; and that a copy of said Writ be printed in the Jeffersonville Democrat.

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Ordered that the Sheriff summon 24 persons qualified according to law, to attend the Court here on tomorrow as jury men.

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Ordered that the Court be adjourned till tomorrow morning at 10 o'clock.

B. Estill.

12 Thursday, April 18th, 1850.

At a Circuit Superior Court of Law and Chancery, continued and held for Russell County, at the Courthouse, on Thursday the 18th day of April, 1850.

Present, Benjamin Estill, Esquire, Judge of the 15th Circuit.

Shadrach White and others, for the benefit of John Stinson
Demandants, vs. Isaac Taylor, Tenant. Writ of Right

The order of continuance entered in this cause on yesterday being set aside, on the motion of the Demandants, by their counsel, it is ordered that Henry D. Smith do go upon the land in controversy on some day previous to the next Term, of which he shall notify the parties, and survey and lay out the same as either party shall require, and return three fair plats and reports thereof to the Court; and that anyone of the Justices of the said County do then and there meet him, and examine and take the depositions of such witnesses as shall be produced by any of the parties, which are to be returned with the said plats and reports. And the cause is continued till the next Term.

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John Miller, for the benefit of John Roach Plaintiff
vs. } In case
Emanuel Hays Defendant

Charles S. Bekem, of Washington County comes into Court and undertakes for the Plaintiff, that he shall pay all such costs and damages as may be awarded to the Defendant, in case the said Plaintiff shall be cast in this suit; and also, that he the said Plaintiff shall satisfy and pay all the fees which will become due from him to officers of this Court, or that he the said Charles S. Bekem will do it for him.

And on motion of the Defendant who made oath in Court, that Levi Strouse is about to leave this State for Pennsylvania and that Nathan Strouse resides in Philadelphia, and that he deems them material witnesses in his behalf, commissions are therefore awarded for taking their depositions.

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Dale Carter Plaintiff
vs. } On a Writ of Prohibition nisi
William Jessee & others Defendants

This day came the parties by their Attorneys, and the grievance complained of in the Plaintiff's petition being fully investigated it is considered and ordered by the Court, that the prohibition heretofore awarded by the Judge in this case be made absolute, and that the Defendants be forever inhibited from executing the judgment of the justice referred to in this cause; but the Court, from the circumstances presented by the proof refuses to award the Plaintiff his costs.

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The Commonwealth
vs. { on an indictment for a rescue
Abraham Nicewander & others Defendants

This day came as well the Attorney for the Commonwealth as the Defendants by their Attorney, and thereupon the matter of law


Thursday, April 18th 1850. 13

arising upon the defendants' motion to quash the indictment, being argued, it is the opinion of the Court, that the law is in favour of the defendants. Therefore it is considered by the Court, that the said indictment be quashed, and that the Defendants go thereof without da[...].

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John Benner, Plt vs Bromfield McCoy, Deft, In Case

the Defendant, by his Attorney, filed a special plea to which the Plt, by his Attorney replied generally and put himself upon the country and the Defendant likewise. And the cause is continued till the next Term.

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Abner Carty, Plt. vs. Harry Smith, Deft., In Trespass

This day came the parties, by their Attornies, and the Defendant offering a Special plea, it was objected to by the Plaintiff's counsel; but the Court overruled the objection and permitted the plea aforesaid to be filed on the Defendant's paying the costs of this Term: and time is give the plaintiff to reply and the cause continued generally till the next Term. The plaintiff excepting to the leave granted to the Deft now to file his Special plea, his exceptions were signed and sealed by the Court, and ordered to be made a part of the record in the cause.

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Rolling R. Redwine, Plt., vs. Daniel J. Ayres, Deft., In case

The Defendant by Charles L. Bekem his Attorney pleaded not guilty and put himself upon the Country and the Plaintiff likewise; whereupon, it is ordered that the Writ of Enquiry awarded at the Rules held in the Clerk's Office be set aside. The defendant has leave to plead specially, and the cause is continued till the next Term.

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Joseph Hackney, Plt., vs. Henry S. Edwards, Deft., Trover & Conversion
Same, Plt. vs. Charles D. Boyd, Deft., Trover & Conversion

The defendants in each of these cases by their Attorney pleaded not guilty and put himself upon the country, and the plaintiff likewise, whereupon, it is ordered that the Writ of Enquiry awarded at the Rules in these cases be set aside, and the trial of the issue in both cases is continued till the next Term.

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Nathan E. Burdine, Plaintiff
vs. } In debt
John Gray and William D. Gray, Defendants

The Defendant William D. Gray Gray by his Attorney filed his plea of non est factum, to which the plaintiff by his Attorney replied generally and put himself upon the country, and the said Defendant likewise, whereupon, it is ordered that the judgment obtained in the Clerk's Office against said deft be set aside, and the trial of the issue is continued till the next Term.

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The following accounts were presented in Court, and ordered to be certified to the Auditor of Public Accounts: George W. Johnson, sheff of Russell County for summoning a venire and attending three days on the case of the Commonwealth against Rich'd Fields for Grand larceny $3.
Isaac Vermillion deputy sheriff Sheriff for summoning and attending a venire in the case of the Commonwealth against Jackson Riley charged

14 Thursday, April 18th 1850.

with house burning, $4. Peter B. Henritze jailor of Russell County for supporting Jackson Riley a prisoner committed for house burning and for his releasement 81 cents. Robert Boyd deputy Sheriff for keeping a venire and their horses in the same case $18.00.

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John W. Fields, Plt., vs. Evenlina Dickenson, Deft. In case for a malicious presentation.

The Defendant by her Attorney pleaded a demurrer, and not guilty; and the Plaintiff, by his Attorney joined in said demurrer, which, being argued, was overruled; and issue being joined between the parties on the other plea, and the Writ of Enquiry set aside, came a jury, to wit: Hugh Young, Henry D. Smith, Nelson Gray, Andrew B. Ferguson, William N. Leece, Daniel Hughes, John W. Stallard, Samuel Salyer, Wm. Nash, Vincent Jesse, John R. Hendricks and James M. Crawford; who, being elected, tried and sworn the truth to speak upon the issue joined and not agreeing in a verdict, by consent of the parties Hugh Young one of the said jurors was withdrawn and the rest from rendering a verdict discharged; and the cause is continued till the next Term for a new trial to be had therein.

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Augustus W. Aston, Plt. vs. James F. Litton & John Litton, Defts. In debt
Same. . . . .Plt., vs. . . . . Same. . . . .Defts. In debt
Same. . . . .Plaintiff., vs. . . . . Same. . . . .Defendants. In debt
Same. . . . .Plt., vs. . . . . Same. . . . .Defts. In debt

The defendants, by their Attorney pleaded a general demurrer in each of these cases, in which the Plaintiff, by his Attorney joined; whereupon it is ordered, that the judgments entered at the rules in each of these cases be set aside, and the trial of the same is continued till the next Term.

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Charles S. Bekem the Attorney for the Commonwealth in this Court is allowed the sum of fifty dollars for his services during the present term;

James P. Carrell Clerk of this Court, and
Peter B. Henritze keeper of the Jail of Russell County are allowed each the sum of fifteen dollars for their public services since the last Term.
George W. Johnson Sheriff of this County, is allowed the sum of ten dollars for his public services since the last Term.
Which several allowances are ordered to be certified to the Auditor of public accounts.

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The Commonwealth vs. James Robinette defendant
Motions on two forth coming bonds.
Ordered that these cases be continued till the next Term.

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Ordered that the Court be adjourned till the first day of the next Term.

B. Estill.


Thursday, April 18th 1850. 15.

Office Judgments made final on the last day of the Term. April 18th 1850.

Aaron L. Hendricks Plaintiff.
vs. } In debt
Ruson R. Steele and William Bradshaw. Defendants.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the Defendants, one hundred and ten dollars the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 4th day of March 1849 till paid, and his costs by him about his suit in this behalf expended.

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William G. Clark Plaintiff.
vs. } In debt
Harvey Gray and John Dickenson. Defendants.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the Defendants, eighty dollars the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 15th day of November 1847 till paid, and his costs by him about his suit in this behalf expended.

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Rees B. Gillespie, who sues for the benefit Wm. P. Cecil Plaintiff.
vs. } In debt
Andy F. Hendricks. Defendants.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff for the benefit of the said William P. Cecil recover against the Defendant, two hundred dollars the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 8th day of August 1848 till paid, and his costs by him about his suit in this behalf expended.

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Aaron Hendricks Plaintiff.
vs. } In debt
Joseph Hackney. Defendant.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the Defendant, $68.72 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 3d day of November 1847 till paid, and his costs by him about his suit in this behalf expended.


16 Thursday, April 18th 1850.

Aaron Hendricks Plaintiff.
vs. } In debt
Samuel Weddle and John C. Weddle. Defendants.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the Defendant, $61.87 1/2 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 7th day of December 1848 till paid, and his costs by him about his suit in this behalf expended.

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Thomas C. M. Alderson and Edward D. Kernan, merchants and partners in trade under the firm and style of Alderson and Kernan Plaintiffs.
vs. } In debt
Richard Ferrell. Defendant.

This day came the Plaintiffs, by their Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plts recover against the Defendant, $92.83 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 1st day of September 1848 till paid, and his costs by him about his suit in this behalf expended.

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John F. McElhenney and William B. Aston, administrators of James M. McFarlane, for J. M. Hanson Plaintiffs.
vs. } In debt
John Litton. Defendant.

This day came the Plaintiffs, by their Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plts for teh benefit of the said James M. Hanson, recover against the Defendant, $179.17 2/3 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 15th day of July 1849 till paid, and his costs by him about his suit in this behalf expended.

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Charles Wm. Cooper Plaintiff.
against } In debt
Richard Ferrell and John G. Duff Defendants.

This day came the Plaintiff, by his Attorney, and the Defendants not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the Defendant, $276.80 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 1st day of September 1846 till paid, and his costs by him about his suit in this behalf expended.

Thursday, April 18th 1850. 17.

Anderson Hendricks for the benefit of Martin Garrett, Plt.
vs. } In debt
Harvey Gray. Defendant.

This day came the Plaintiff, by his Attorney, and the Defendt not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plt., for the benefit of the said Martin Garrett recover against the Defendant, $110.49 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 9th day of August 1849 till paid, and his costs by him about his suit in this behalf expended.

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William L. Graham & Addison A. Spotts, merchants and partners in trade under the firm and style of William L. Graham & Co. Plts.
vs. } In debt
John G. Duff. Defendant.

This day came the Plaintiffs, by their Attorney, and the Deft not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiffs recover against the Defendant, $62.18 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 19th day of January 1850 till paid, and his costs by him about his suit in this behalf expended.

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Nathaniel Childers, Plaintiff.
against } In debt
Richard Ferrell, William Ferrell & S. W. White, Defendants.

This day came the Plaintiff, by his Attorney, and the Defts not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plt. recover against the Defendant, $132.60 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 1st day of April 1849 till paid, and his costs by him about his suit in this behalf expended.

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Henry Simon, who sues for the benefit of Philip Rohr and Connally F. Trigg, late merchants and partners, trading under the firm and style of P. Rohr & Co., Plt.
vs. } In debt
Aaron L. Hendricks. Defendant.

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 be made final, and that the Plaintiff for the benefit of the said P. Rohr & Co. recover against the deft, $75.00 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 16th day of August 1849 till paid, and his costs by him about his suit in this behalf expended.


18. Thursday, April 18th 1850.

Samuel W. Higginbotham, Plaintiff.
vs. } In debt
Richard Steele Jr., Defendant.

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 be made final, and that the Plt. recover against the Defendant, $106.00 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 2d day of November 1849 till paid, and his costs by him about his suit in this behalf expended.

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Nathan E. Burdine, Plaintiff.
vs. } In debt
John Gray and William D. Dray, Defendants.

This day came the Plaintiff, by his Attorney, and the Deft John Gray not yet appearing, it is considered by the Court, that the Judgment obtained in the Clerk's Office be made final, and that the Plaintiff recover against the said Defendant John Gray, $74.20 the debt in the Declaration mentioned, with interest thereon to be computed after the rate of six per centum per annum from the 30th day of May 1848 till paid, and his costs by him about his suit in this behalf expended.

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Beverly R. Johnston, Plaintiff.
vs. } In debt
Harvey Gray, Defendant.

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 be made final, and that the Plt. recover against the Defendant, $50.00 the debt in the Declaration mentioned, with interest on $20.00 thereon to be computed after the rate of six per centum per annum from the 24th day of November 1845 till paid, and his costs by him about his suit in this behalf expended.

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Henry D. Aston. . . . . Plaintiff
vs. } In dept
Absalom Hurt surviving obligor of himself and John M. Hurt. . . . Defendant

Ordered that this suit, in which a dismission at the Rules has been entered by the Plaintiff, stands so dismissed.

Teste, James P. Carrell, C. C.