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Circuit Court Law Order Book, 1851, Spring Term (May, 1851)
Monday, May 5th 1851. 37 At a Circuit Court held for Russell County at the Courthouse on Monday the 5th day of May 1851. Present, Benjamin Estill Esquire Judge of the 15th Circuit. Isaiah Fuller, foreman; George Gose, Nathaniel Dickenson, John Kiser, Archer Burk, Edward Stinson, Wesley Necessary, Martin Fraley, Wilson Evans, Richard L. Mead, Nelson Gray, Christian Easterly, James S. Browning, James Samples, Elijah Ferrell, Jacob Cook, Wilson Vermillion, John C. Harrison, Silas B. Hurt, James Fletcher, Jacob McGlothlin, John W. Dorton, William Stinson senr., and Jacob Thompson were sworn a grand jury of inquest, for the body of this County, and having received their charge withdrew from the bar, and after some time returned into Court and presented, An Indictment against Alexander Combs for murder, a true bill, and then the said Grand Jury were adjourned till tomorrow morning at 10 Oclock. --------------- John Henry Earnest who has been licensed to practise the law in the Courts of this Commonwealth, on his motion has leave to practise in this Court, and thereupon he took the oath of fidelity to the Commonwealth and the oath of an Attorney at law. --------------- On Motion of Robert Boyd one of the deputy Sheriffs of this County who stated to the Court that in the performance of his official duties during the day he had been frequently insulted by one Russell Musick, and the judge of the Court having himself, while out of the Courthouse, heard insulting language uttered by said Russell Musick towards the said Robert Boyd, directed the said Russell Musick to be brought into Court, and having investigated the case, doth order that the said Russell Musick recognize with security in the sum of fifty dollars to keep the peace and to be of good behaviour for the ensuing 38. Monday, May 5th 1851.
-------------- The Commonwealth vs. James Horton Deft. on an Indictment for an assault committed on Richard Steele The Defendant, by consent of the Attorney for the Commonwealth and apart of the Court, confesses judgment for a fine of $1 and the Costs. Therefore, it is considered by the Court that the Commonwealth recover against the defendant, the said fine of one dollar, and the costs of this prosecution. -------------- The Commonwealth vs. John Wysor Defendant, On and Indictment for an assault. The Defendant, by consent of the Attorney for the Commonwealth and apart of the Court, confesses judgment for a fine of $1 and the Costs. Therefore, it is considered by the Court that the Commonwealth recover against the defendant, the said fine of one dollar, and the costs of this prosecution.
The Commonwealth vs. William Wysor Defendant, On and Indictment for an assault. The Defendant, by consent of the Attorney for the Commonwealth and apart of the Court, confesses judgment for a fine of $1 and the Costs. Therefore, it is considered by the Court that the Commonwealth recover against the defendant, the said fine of one dollar, and the costs of this prosecution. -------------- The Commonwealth vs. Hugh Johnson, Deft., On and Indictment for an assault. The Defendant, by consent of the Attorney for the Commonwealth and apart of the Court, confesses judgment for a fine of $1 and the Costs. Therefore, it is considered by the Court that the Commonwealth recover against the defendant, the said fine of one dollar, and the costs of this prosecution. -------------- Alexander Combs who stands indicted for Murder was brought to the bar in custody of the keeper of the jail of Russell County, and being thereof arraigned pleaded not guilty to the Indictment; Whereupon the following jurors of the 16 left from the panel of 24 jurors free from exception, after the accused had stricken therefrom 8 names, were selected by lot for the trial of this case, to wit: Monday, May 5th 1851. 39.
--------------- Michael Askew for the benefit of Isaac Vermillion, plaintiff This day came the plaintiff by his Attorney, and it appearing in proof to the Court, 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 Isaac Vermillion recover against the defendants $358.74 the penalty of said bond, and his costs by him in the behalf expended. But to be discharged by the payment of $170.37, with interest thereon to be computed after the rate of six per centum per annum from the 1st day of November 1850 till paid, and the costs, & execution is awarded accordingly. --------------- Aaron Hendricks, plaintiff This day came the plaintiff by his Attorney, and it appearing in proof to the Court, 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 Isaac Vermillion recover against the defendants $363.18 the penalty of said bond, and his costs by him in the behalf expended. But to be discharged by the payment of $187.59, with interest thereon to be computed after the rate of six per centum per annum from the 14th day of November 1850 till paid, and the costs, & execution is awarded accordingly. --------------- Ordered that the Court be adjourned till tomorrow morning at 10 O'clock. B. Estill. 42 Tuesday, May 6th 1851.
--------------- The Grand Jury appeared in Court according to their adjournment on yesterday, except Christian Easterly who was excused from further serving, and James Samples, who was said to be sick, and were again sent out of Court further to consider of their presentments, Alexander Wright, David C. Ferguson, Elijah Sutherland, Calvin T. Fields, witnesses called on by the Grand Jury, were severally 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 Daniel Cloud for Petit Larceny, A true bill; and then they were adjourned till tomorrow morning at 11 Oclock. --------------- Ordered that the Clerk issue a Writ of Venire facias against Daniel Cloud who stands indicted for petty larceny, (the indictment charging that he has heretofore been tried and convicted) of a similar offence, returnable here on tomorrow. --------------- Alexander Combs, who stands indicted for murder, was again brought to the bar in custody of the keeper of the jail of Russell County, and the jury yesterday empanneled for his trial were also brought into Court by the Sheriff; and being sworn the truth of and upon the promises to speak, and having heard the evidence, as well on behalf of the accused as of the Commonwealth, were, with the consent of the accused again committed to the custody of the Sheriff to be kept together without communication with any person, till the sitting of the Court on tomorrow; and Robert Boyd and Isaac Vermillion deputy Sheriffs were charged as on yesterday with the care and custody of the said jury. And, the said Alexander Combs was again remanded to jail. -------------- Ordered that the Court be adjourned till tomorrow morning at 9 O'Clock. B. Estill. Wednesday, May 7th 1851. 43. At a Circuit Court continued and held for Russell County at the Courthouse on Wednesday, the 7th day of May 1851. Present Benjamin Estill Esquire judge of the 15th Circuit. The Grand Jury appeared in Court according to their adjournment on yesterday, and were sent out of Court further to consider of their presentments. Jesse Browning, William Harden, Isaac Munsey, Daniel Hughes and Martin Dillion witnesses called on by the Grand jury, were severally 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 David McCloud for an assault, a true bill; And then the said Grand Jury having nothing further to present, were discharged. ------------------- The Commonwealth The defendant by consent of the Attorney for the Commonwealth and assent of the Court confesses judgment for a fine of $1 and the Costs. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $1 and the costs of this prosecution. ------------------- Ordered that summonses be issued, upon the indictments this day found by the Grand Jury (except against Munsey) requiring the said several defendants to appear here at the next Term, to answer the said several defendants, returnable here at the next term. 44. Wednesday, May 7th 1851.
This day came as well the plaintiff, by his attorney as the defendant in his proper person, and the defendant acknowledges the plaintiff's action against him for $187.50, the debt in the declaration mentioned with interest thereon from the 1st day of April 1850, till paid, and the costs. Therefore, it is considered by the Court, that the plaintiff recover against the Defendant his debt aforesaid with the interest aforesaid, and his costs by him about his suit in this behalf expended; subject to a credit of $50, June 12th 1850. --------------- James P. Carrell. Plaintiff The Same vs. The same, On a motion to recover Clerks fees put into the hands of Daniel J. Ayers one of the deputy Sheriffs of said Herndon for collection in March 1848. It appearing that the defendant has been legally notified, these motions are continued till tomorrow. --------------- Alexander Combs who stands indicted for murder, was again brought to the bar in custody of the custody of the keeper of the jail of Russell County, and the jury yesterday sworn for his trail, were brought into Court by the Sheriff, and after hearing the arguments of Counsel as well on behalf of the accused as of the Commonwealth, but not agreeing in a verdict, were, with the consent of the accused again committed to the custody of the Sheriff, to be kept together without communication with any person till the sitting of the Court on tomorrow, and Robert Boyd and Isaac Vermillion deputy Sheriffs were charged as heretofore with the care and custody of the said jury; and the prisoner was then remanded to mail. --------------- Ordered that the Court be adjourned till tomorrow morning at 10 Oclock. B. Estill. Thursday, May 8th 1851. 45. At a Circuit Court, continued and held for Russell County at the Courthouse on Thursday the 8th day of May, 1851. Present, Benjamin Estill Esquire Judge of the 15th Circuit. Alexander Combs who stands charged with Murder, was again brought to the bar in custody of the keeper of the jail of said County, and he jury sworn for his trial were brought into Court by the Sheriff, and having considered the evidence, upon their oath do say, that the said Alexander Combs is guilty of Murder in the second degree in manner and form as in the indictment against him is alledged, and they do ascertain the term of his imprisonment in the penitentiary of this Commonwealth to ten years. And thereupon the said Alexander Combs was remanded to jail. --------------- Daniel Cloud who stands indicted for Petit Larceny (the Indictment charging that he has heretofore been tried and convicted of a similar offence,) was brought into Court in custody of the keeper of the jail of Russell County, and waiving a right of trial before an examining Court of the County, pleaded not guilty to the indictment; whereupon came a jury, to wit: Moses Dorton, John Jessee, John Dickenson, William Johnson, Andrew Williams, Fleming Burk, Howard Wallis, Oliver H. Frick, Nathan E. Burdine, Vincent Jessee, William E. Sutton and John Vencill, who being elected tried and sworn the truth of and upon the promises to speak, upon their oath do say that the defendant is guilty of the larceny of the boots in the indictment charged; and that from proof adduced to them the said Daniel Cloud has heretofore been convicted of petit larceny as charged in the indictment; and thereupon he was remanded to jail. --------------- James P. Carrell. Plaintiff This day came the plaintiff by his Attorney, and the defendant not appearing to gainsay the plaintiff's motion; it is considered by the Court, that the plaintiff recover against the Defendant, to be levied of the assets of the testator in his hands to be administered, eighty-five dollars the amount of his claim aforesaid, with interest thereon to be computed after the rate of six per centum per annum from the 15th day of December 1848 till paid and his costs by him in this behalf expended, the plaintiff not requiring judgment for the damages authorized by law to be recovered. --------------- James P. Carrell. Plaintiff 46. Thursday, May 8th 1851.
On a motion to recover Clerk's fees due the plaintiff, put into the hands of Daniel J. Ayers one of the deputy sheriffs of said Herndon for collection, in March 1848. This day came the plaintiff, by his Attorney, and the Defendant not appearing to gainsay the plaintiffs motion; it is considered by the Court that the plaintiff recover against the Defendant, to be levied of the assets of the testator in his hands to be administered $161.15 the amount of said receipt for clerk's fee bills, with interest thereon to be computed after the rate of six per centum per annum from the 15th day of December 1848 till paid and his costs by him in this behalf expended; the plaintiff not requiring judgment for the damages authorised by law to be recovered; subject to any insolvencies that may be produced, and to the Commission allowed by law to the Sheriff for fees on solvent persons in the list filed in the case. -------------- Charles S. Bekem, William B. Aston and E. D. Kernan were appointed by the Court a Committee to inspect the jail of this County. And the judge of the Court administered to them the oath required by law to be administered to jail inspectors. -------------- The Commonwealth vs. John Powers, Deft. Indt. for Assault. The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute on this indictment. -------------- The Commonwealth The Summons awarded against the Defendants at the last Term, not being executed, a new summons is awarded against them returnable here at the next term, and this case is till then continued. -------------- Abner Carty Plaintiff The parties mutually submit all matters in difference between them in this case to the final determination of William B. Aston, Charles J. Cummings and Robert Fugate, whose award thereupon is to be made the judgment of the Court, and the same is ordered accordingly, and the case continued till the next Term. -------------- Ordered that the Court be adjourned till tomorrow morning at 10 O'clock. B. Estill. Friday, May 9th 1851. 47. At a Circuit Court continued and held for Russell County at the Courthouse on Wednesday, the 9th day of May 1851. Present Benjamin Estill Esquire judge of the 15th Circuit. 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 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. ------------- James M. Crawford Plaintiff The defendant by Charles S. Bekem his Attorney pleaded payment to which the plaintiff by his Attorney replied generally, whereupon it is ordered that the judgment obtained in the Clerk's Office be set aside; and leave is provided the Defendant to plead specially, and the case is continued till the next term. ------------- Robert A. White assa. Plaintiff The defendant by McElhenney and Aston his Counsel pleaded payment to which the plaintiff by his Attorney replied generally thereto and issues were joined. Whereupon it is ordered that the judgment obtained in the Clerk's Office be set aside; and the trial of the issue is continued till the next term. ------------- Tinsley Vernon Plaintiff In pursuance of an order to that effect filed by the plaintiff in this case, it is ordered that the suit be dismissed at the plaintiffs costs. ------------- John Bennon Plaintiff The parties having agreed this case as appears by a writing under their hands, it is ordered that this suit be dismissed, each of the parties paying his own costs. ------------- A Settlement of the administration accounts of Abraham Mutter on the estate of George Mutter deceased, was reported to the Court by James P. Carrell one of its Commissioners, and there being no exception thereto, it is ordered that the same be recorded. 48. Friday, May 9th 1851. The following accounts were allowed by the Court, and ordered to be certified to the Auditor of Public Accounts. Peter B. Henritze keeper of the jail of Russell County, for supporting jail Alfred Short convicted of passing counterfeit money, and releasing him from jail, $4.45. The same, for imprisoning Alexander Combs charged with murder, and supporting him in jail $55.15. The same for imprisoning Daniel Cloud charged with a second offence of petit larceny, and supporting him in jail $20.65. Robert Boyd deputy Sheriff of Russell County for taking care and providing for a venire 4 days for the trail of Alexander combs charged with Murder $48.00. The same for amount paid said venire $48.00 Isaac Vermillion deputy Sheriff, for summoning said Venire $150 --------------- The Commonwealth vs. Martin Fraley, Deft. Indt. for an assault --------------- Chloe Lee Apellant On an Appeal from an Order of the County Court of Russell referring to admt to probat therein, a certain writing purporting to be the last Will and Testament of James Lee decd. This day came the parties, by their Attorneys, and the transcript of the record of the said County Court being exhibited and examined and sundry witnesses sworn and their testimony taken in writing, but there not being sufficient time to examine all the witnesses the parties desire to have examined in relation to said writing before the Judge of the Court will have to leave for the next County in his Circuit the further examination of witnesses and the whole case is adjourned till the next Term. And the parties agree and consent that the testimony of the witnesses who have been examined and which has been written under the inspection and supervision of the Court, may be read as evidence in the case at any future time when the case may be submitted to the Court, without requiring the same witnesses to appear again in propria personae to testify verbally in court. --------------- Alexander Combs, who stands convicted of murder in the second degree, was again brought to the bar in custody of the keeper of the Jail or Russell county, and thereupon it being demanded of him if any thing for himself he had or knew to say why the Court here should not now proceed to pronounce judgment against him according to law, and nothing Friday, May 9th 1851. 49. being offered or alledged in delay of judgment, it is considered by the Court, that the said Alexander Combs be imprisoned in the public jail and penitentiary house of this Commonwealth for the term of ten years, the period by the jurors in their verdict ascertained. And it is ordered that the Sheriff of Russell County do, as soon as possible after the adjournment of this court, remove and safely convey the said Alexander Combs from the Jail of this County to the said public jail and penitentiary house, therein to be kept, imprisoned and treated in the manner directed by law. The said Sheriff, in so conveying him to the penitentiary is authorised and permitted to impress and take with him two persons as guards in assisting him to remove the said Alexander Combs to the penitentiary. And thereupon the said Alexander Combs is remanded to jail. ---------------- Daniel Cloud, who stands convicted of petit larceny, was again brought to the bar in custody of the keeper of the Jail of Russell County, and thereupon, it being demanded of him if any thing for himself he had or knew to say why the Court here should not now proceed to pronounce judgment against him according to law, and nothing being offered or alledged in delay of judgment, it is considered by the Court that, this being a second offence of petit larceny as found by the jurors on their verdict rendered in this case, the said Daniel Cloud be imprisoned in the public jail and penitentiary house of this Commonwealth for the term of one year after he shall have been delivered to the keepers thereof. And it is ordered that the Sheriff of this County do, as soon as possible after the adjournment of this court, remove and safely convey the said Daniel Cloud from the Jail of this County to the said public jail and penitentiary house, therein to be kept, imprisoned and treated in the manner directed by law. The said Sheriff, in so conveying him to the penitentiary is authorised and permitted to impress and take with him two persons as guards in assisting him to remove the said Daniel Cloud to the penitentiary. And thereupon the said Alexander Combs is remanded to jail. ---------------- Ordered that the Court be adjourned till the first day of the next term. B. Estill. |
