84 Monday, September 19th 1853.

The following Certificate of the Qualification of James P. Carroll Clerk of the Court was filed in the office thereof on the 21st day of June 1853.

"Be it known, that on the 20th day of June 1853, James P. Caroll who has been duly elected Clerk of the Circuit Court of Russell County, personally appeared before me, in vacation, and took the oath of fidelity to the Commonwealth, the oath to support the Constitution of the United States, the oath against duelling prescribed by the act of the general assembly of Virginia, passed on the 22nd day of May 1852, and the oath of office as Clerk of the said Circuit Court, and the said James P Carroll, thereupon tendered a bond signed signed and acknowledged by himself, and the execution thereof by Edward D. Kernan, and Thomas C. M. Alderson, his sureties therein in the penalty of ten thousand dollars, was proved before me by Henry S. Gibson a subscribing witness thereto, and thereupon, the said James P Carroll is duly installed in Office as Clerk of the Circuit Court of Russell County. Given under my hand the day and year above written G. W. Hopkins

At a Circuit Court held for Russell County at the Courthouse on Monday the 19th day of September, 1853.

Present, George W. Hopkins, Judge of the 17th Circuit.

John W. Owens, foreman, Henry Campbell, Cummings G. Fletcher, John A. Holland, Nelson Gray, Wilson Elliott, Daniel Williams, Jonathan W. Wright, Doughtry Gilmer, William C. Jackson, Sebastian H. Bickley, John Honaker, George Puckett, David Osborne, John M. Combs, Isaac Munsey, Thomas H. Garrett, Vincent Jesse being sworn a Grand Jury of inquest for the body of this County, and having received their charge withdrew to consider of their presentments, and after some time returned into court, and were adjourned till tomorrow morning at 10 O'clock.

William S. Ely licensed to practise the law in the State of Kentucky, on his motion has leave to practice in this Court, and thereupon he took the oath of an Attorney at law, and an oath to support the Constitution of the United States.

The Commonwealth
vs. } On an Indictment for Assault
Davis McLaughlin Defendant

This day came as well the Attorney for the Commonwealth an the Defendant by his Attorney and also a jury to wit: William M. Lockhart, William Jessee, John D. Alderson, Joseph Hackney, Charles C. Gibson, Henry Deel, Samuel Hill, Oliver H. Price, James Kindrick, Isaiah Cumbow, Lemuel Johnson and Wesley Gilmer, who being elected tried and

Monday, September 19th 1853. 85.

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 day, & recover vs. Mastin Dillion the prosecutor, his costs expended in defending this indictment.

The Commonwealth
vs. } On an Indictment for an Assault
Harvey Steele Defendant

This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: the same as in the last case, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say, that the Defendant is guilty in manner and form as in the indictment against him is alledged, and they do assess his fine by reason thereof to five dollars. Therefore it is considered by the Court that the Commonwealth recover against the Defendant the said fine of five dollars and the costs of this prosecution.

The Commonwealth
vs. } On an Indictment for lewdness
Fielding Combs & Mary Hackney Defendants

This day came the Attorney for the Commonwealth as the Defendants by their Attorney, and also a jury, to wit: Rich.d L. Mead, Thomas Gibson, Jacob Johnson, David Deal, Samuel E. Gilmer, John G. Duff, Martin J. Clifton, George W. Puckett, Joseph Gilmer, James Skeen (son of John) William D. Waggoner, and William Johnson senr., who being elected, tried and sworn the truth to speak upon the issue joined,but not agreeing in a verdict, were adjourned till tomorrow morning at 9 O'clock.

The Commonwealth
vs. } On an Indictment for an Assault
Mastin Dillion Defendant

By consent of the Attorney for the Commonwealth and assent of the Court, the Defendant 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.

The Commonwealth
vs. } On an Indictment for an Assault
George Hackney Defendant

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.

86. Monday, September 19th 1853.

The Commonwealth
vs. } On a Presentment of the Grand Jury this day found against him for assault
David Tiller Defendant

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 that the Commonwealth recover against the Defendant the said fine of $1 and the Costs of this prosecution.

The Commonwealth
vs. } On an Indictment for an assault
Cornelius McLaughlin Defendant

The Attorney for the Commonwealth by consent of the Court, saith he will not further prosecute on this Indictment. Whereupon it is considered that the Defendant recover against Mastin Dillion, prosecutor his costs expended in defending this case.

The Commonwealth
vs. } On an Indictment for an Assault
Harvey Dye Defendant

The Defendant by Dale Carter his Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and on motion of the defendant this case is continued till next Term at the Defendant's costs.

The Commonwealth
vs. } On an Indictment for an Assault
Granville Short Defendant

The Plurias Capias awarded at the last Term being returned without effect, another plurias Capias is awarded against the Deft returnable at the next Term, and the case is till then continued.

The Commonwealth
vs. } On an Indictment for an Assault
Stephen Holt Defendant

The process awarded against the Defendant at the last Term not being executed, new process is awarded against the Defendant returnable here at the next Term, and the case is till then cont.d.

The Commonwealth
vs. } On an Indictment for an Assault
Lorenzo D. Vencill Defendant

The Capias awarded against the Defendant at the last Term not being executed an alias Capias is awarded against the defendt. to the Sheriff of Tazewell County to be directed returnable here at the next Term, and the case is till then continued.

The Commonwealth
vs. } On an Indictment for an Assault
Lewis Low Defendant

The process awarded at the last Term not being executed,

Tuesday, September 20th 1853 87

a capias is awarded against the Defendant to the Sheriff of Tazewell County to be directed returnable here at the next Term and this case is till then continued.

The Commonwealth
vs. } On an Indictment for an Assault
Claiborne Hicks Defendant

The Summons awarded against the Defendant at the last term not being executed, a Capias is awarded against him returnable here at the next Term, and the case is till then cont.d.

Ordered that the Court be adjourned till tomorrow morning at 9 Oclock.

G. W. Hopkins

At a Circuit Court, continued and held for Russell County at the Courthouse on Tuesday the 20th day of September, 1853:
Present, George W. Hopkins Esquire Judge of the 17th Circuit

The Commonwealth
vs. } On an Indictment for a Trespass.
George W. Hackney Defendant

This day came as well the Attorney for the Commonwealth as the Defendant by John W. Stallard 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: William M. Lockhart, William Jessee, John D. Alderson, William Combs, Charles G. Gibson, Henry Deal, Samuel Hill, Oliver H. Price, James Kindrick, Isiah Cumbow, Lemuel Johnson and Wesley Gilmer, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendt. is guilty in of the trespass as charged in the indictment, and they do assess his find by reason thereof to 50 Cents besides the costs.
Therefore it is considered, by the Court that the Commonwealth recover against the Defendant the said fine of 50 cents, and the costs of this prosecution.

The Commonwealth
vs. } On an Indictment for an Assault
Isaac Fraley Defendant

This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: Richard L. Mead, Thomas Gibson, Jacob Johnson, David Deal, Samuel E. Gilmer, John G. Duff, Martin J. Clifton, George W. Puckett, Joseph Gilmer, James Skeen, (son of John) William D. Waggoner, and William Johnson senr., who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the Defendt. is guilty of the assault for which he stands indicted, and they do assess his find by reason thereof to $1,

88 Tuesday, September 20th 1853

besides 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.

The Commonwealth
vs. } On an Indictment for an Assault
James Honaker Defendant

This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and also a jury, to wit: Edward R. Stinson, Fleming B. Jessee, Rolling R.Redwine, Ezekiel B. Garrett, Stephen E. Ratliff, William Necessary, Wm. Gilmer jr., James Finney, John Browning, Evan J. Kindrick, John W. Fogleman and Elkanah R. Dorton, who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say that the defendant is guilty of the assault for which he stands indicted, and they do assess his find by reason thereof to 50 cents. Therefore it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of fifty cents and the costs of this prosecution.

The Commonwealth
vs. } On an Indictment for lewdness
Fielding Combs and Mary Hackney Defendants

This day came as well the Attorney for the Commonwealth as the Defendant by their Attorney, and the jury yesterday sworn to try the issue joined in the case appeared in Court according to their adjournment on yesterday, and upon their oath do say that the Defendants are not guilty as in pleading they have alledged. Therefore it is considered by the Court that the Attorney for the Commonwealth take nothing by his bill, and the Defendants go thereof without day.

The Grand Jury appeared in court agreeably to their adjournment on yesterday, were sent out of Court further to consider of their presentments, and after some time returned into Court and presented,

An Indictment against James Hay, for indecent exposure, a true bill;
An Indictment against George Darr for carrying concealed weapons, a true bill;
An Indictment against Burwell Arrington, for carrying concealed weapons, a true bill;
A presentment against Ezekiel B. Garrett for an assault committed on Josiah Tignor
A presentment against Thomas H. Garrett junior for an assault committed on Burgess Hurt.
And then the said Grand jury were adjourned till tomorrow morning at 10 O'clock.

Tuesday, September 20th 1853. 89

The Commonwealth
vs. } On a presentment of the Grand Jury for an Assault
Ezekiel B. Garrett Defendant

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.

The Commonwealth
vs. } On a presentment of the Grand Jury for an Assault
Thomas H. Garrett jr., Defendant

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.

The Commonwealth vs. Ann Whited, Deft. Indt. for an Assault
Same vs. Elbert Redwine, Deft. Indt. for an Assault
Ordered that these cases be continued till the next term.

The Commonwealth
vs. } On an Indictment for lewdness
Charles Short & Sally Mullens Defendants

The Capias awarded against the Defendants at the last Term not being executed, an alias capias is awarded returnable here at the next Term, and this case is till then continued.

The Commonwealth
vs. } On an Indictment for an Assault
Thomas J. Riley Defendant

On motion of the Defendant by his Attorney, this case is continued till the next term at his costs.

The Commonwealth
vs. } Indictment for retailing ardent spirits without a license
Josiah Tignor

By consent of the Attorney for the Commonwealth the defendant waives his right of the trial of the issue by a jury and submits the same to the Court to decide: and the Court having heard the evidence, is of the opinion that the defendant is guilty in manner and form as in the indictment against him is alledged. Therefore it is considered that the Commonwealth recover vs. the Defendant $30 the fine imposed by law for the offence charged upon him, and the costs of this prosecution.

The Commonwealth
vs. } On an Indictment for not keeping in repair according to law, that precinct of a public road of which he was appointed surveyor.
John Gilmer Defendant

90. Tuesday, September 20th 1853.

The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute on this indictment, whereupon the defendant is discharged and acquitted thereof.

The Commonwealth
vs. } On a Rule
Catherine Perkins Defendant

This rule is discharged on motion of the Commonwealth.

The Commonwealth vs. Wm. Richardson, Deft., Indt. for Assault
same vs. James Short, Deft., Indt. for Assault
same vs. James Gose, Defendant, Indictment for disturbing religious worship
same vs. Jesse Keith, Defendt. Indictment for retailing ardent spirits without a license

The summonses awarded against the Defendants at the lat Term not being executed, alias summonses are awarded returnable here at the next Term, and these cases are till then continued.

The Commonwealth
vs. } On an Indictment for retailing ardent spirits without a license
Daniel Hagey Defendant

The Summons awarded against the Defendant at the last term not being executed, a new summons is awarded to the Sheriff of Tazewell County to be directed, returnable here at the next Term, and this case is till then continued.

The Commonwealth
vs. } Indictment for obstructing a public road.
Andrew Fraley & William C. Jackson, Defendants

The Attorney for the Commonwealth by consent of the Court saith he will not further prosecute on this indictment: whereupon the Defendants are discharged and acquitted thereof.

The Commonwealth
vs. } On an Indictment for an assault
John M. Combs Defendant

The Defendant by John F. McElhenney his Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and on the Defendant's motion and for proper cause shown by him, it is ordered that Robert Fields the prosecutor in the case be required by the next term to give security to perform such judgment of the court as may ultimately be rendered against him in the case, and that on failure to do so the indictment be then dismissed at his costs; and the case is continued till the next term.

Tuesday, September 20th 1853. 91.

The Commonwealth
vs. } On an Indictment for an assault
John W. Duncan Defendant

Same
vs. } On an Indictment for an assault
Michael Lark junr. Defendant

The Defendant by John W. Stallard their Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issues in both cases is continued till the next Term.

The Commonwealth
vs. } On an Indictment for an assault
Rees Steele Defendant

The Defendant by Joseph Stras his Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issues in both cases is continued till the next Term.

The Commonwealth
vs. } On an Indictment for a trespass
David P. Isley Defendant

The Defendant by William J. Dickenson his Attorney pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issues in both cases is continued till the next Term.

The Commonwealth
vs. } On two forth coming bonds.
James Robinett Defendant

This day came as well the Attorney for the Commonwealth as the Defendant by his Attorney, and the cases standing on a motion by the defendant to quash said bonds, the motion is entertained.

Elijah Vance Plaintiff
vs. } On a forth coming bond.
James McGraw and Ancil Ascue Defendants

This day came the plaintiff by his Attorney, and it appearing in proof 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 $130.98 the penalty of said bond, and his costs by him in this behalf expended; but to be discharged by the payment of $65.14 with lawful interest thereon from the 25th day of April 1853 till paid and the costs; and execution is awarded accordingly.

Beverly R. Johston Plaintiff
vs. } On a forth coming bond.
Richard Ferrell & Larkin Ferrell Defendants

92. Tuesday, September 20th 1853.

This day came the plaintiff by his Attorney, and it appearing in proof 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 $73.90 the penalty of said bond, and his costs by him in this behalf expended; but to be discharged by the payment of $36.95 with lawful interest thereon from the 9th day of June 1853 till paid and the costs; and execution is awarded accordingly.

John B. Fickle, for the benefit of Alderson & Kernan Plts.
vs. } On a forth coming bond
Vincent Jessee administrator of John T. Cowan and David G. Thomas Defendant

This day came the plaintiff by his Attorney, and it appearing in proof 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 Alderson and Kernan recover against the Defendants $202.06 the penalty of said bond, and his costs by him in this behalf expended; but to be discharged by the payment of $101.03 with lawful interest thereon from the 29th day of April 1853 till paid and the costs; and execution is awarded accordingly.

Thomas J. Riley Plaintiff
vs. } On a forth coming bond.
John G. Duff and Richard Ferrell Defendants

This day came the plaintiff by his Attorney, and it appearing in proof 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 $232.60 the penalty of said bond, and his costs by him in this behalf expended; but to be discharged by the payment of $116.30 with lawful interest thereon from the 12th day of May 1853 till paid and the costs; and execution is awarded accordingly.

Joseph Hackney Plaintiff
vs. } In Trover
Charles D. Boyd

This day cam the parties by their attorneys, and also a jury, to wit: William M. Lockhart, William Jessee, John D. Alderson, William Combs, Charles C. Gibson, Henry Deal, Samuel Hill, Oliver H. Price, James Kindrick, Isaiah Cumbow, Lemuel Johnson, and Wesley Gilmer, who being elected, tried and sworn the truth to speak upon the issue joined, but not having agreed in a verdict, were adjourned till tomorrow morning at 9 O'clock.

Tyree Culbertson plaintiff
vs. } In Trespass
Paul Vicars senr. Paul Vicars jr. Jas. Vicars & Joel Vicars Defts

Tuesday, September 20th 1853. 93.

This day came the parties by their attorneys, and also a jury to wit: Richard L. Mead, Thomas Gibson, Jacob Johnson, David Deal, Samuel E. Gilmer, John G. Duff, Martin J. Clifton, George W. Puckett, Joseph Gilmer, James Skeen (son of John) William D. Waggoner and William Johnson senr., who being elected, tried and sworn the truth to speak upon the issue joined, upon their oath do say, that the defendants are not guilty as in pleading they have alledged. Therefore it is considered by the Court, that the plaintiff take nothing by his bill, and that the defendants go thereof without day and recover against the plaintiff their costs by them about their defence on this behalf expended.

Meshach White vs. Robert A. Horton, In covenant

The persons to whose decision the matter in controversy between the parties in this case has been referred by a rule of the Court, not having made their award, the case is continued till next term.

Frederick Deal vs. David Tiller In case

The parties having agreed this case, it is ordered that the same be dismissed.

James M. Crawford Plaintiff
vs. } In debt
James Jessee Defendant

It being suggested that the plaintiff hath departed this life it is ordered that this suit be revived in the name of Virginia A. Crawford the plaintiff's administratrix, and the case is continued till the next term.

Samuel Salyers Plaintiff
vs. } In trespass assault and battery
Joel Vicars & others Defendants

The defendants by Joseph Stras their Attorney pleaded son assault demesne to which the plaintiff by his Attorney replied, and issue being joined thereon, the case is continued till the next term.

Nancy V. Bush vs. Valentine Bush & others in case

On motion of the plaintiff, it is ordered that this suit be dismissed.

Mary Eliza Baker vs. William Laney, In case

This day came the defendant by his Attorney; and the plaintiff being solemnly called did not appear, nor is her suit further prosecuted. Therefore it is considered by the Court that she be non suited, and pay to the defendant $5 damages according to law, and his costs by him about his defence in this behalf expended.

Robert Fugate admr. of Robt. Dickenson for Harvey Gray plt.
vs. } In debt
William Kelly Defendant

94. Wednesday, September 21st, 1853

This day came the parties by their Attorneys and the defendant's Attorney withdrawing The plea by him heretofore pleated saith he is not further informed of any other defence to be made by the defendant. Therefore, it is considered by the Court that the plaintiff for the benefit of the said Harvey Gray recover against the defendant $75.00 the debt in the Declaration mentioned, with lawful interest there on from the 15th day of February 1840 till paid, and his costs by him about his suit in this behalf expended.

William Wilson plaintiff
vs. } in debt
Harvey Gray defendant

This day came the parties by their Attornies, and the defendant's attorney with drawings of plea by him heretofore pleaded, saith he is not further informed of any other defence to be made by the said defendants. Therefore it is considered by the court that the plaintiff recover against the said defendant fifteen hundred dollars the debt in the declaration mentioned, with lawful interest there on from the 5th day of November 1852 till paid, and his costs by him about his suit in this behalf expended; subject to a credit of $100 February 9th 1853: and the plaintiff agrees to stay execution hereon till the 20th day of November next.

Ordered that the Court be adjourned till tomorrow morning at 9 O'clock.

G. W. Hopkins

At a Circuit Court continued and held for Russell County at the Courthouse on Wednesday the 21st day of September 1853.
Present, George W. Hopkins Esquire Judge of the 17th Circuit

Joseph Hackney plaintiff
vs. } In Trover
Charles D. Boyd defendant

This day came again the parties by their Attorneys, and the Jury sworn for the trial of the issue joined appeared in court according to their adjournment on yesterday and not agreeing in a verdict, by consent of the parties William Jessee one of the jurors was withdrawn and the rest from rendering their verdict discharged, and the case is continued till the next term.

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

An Indictment against John Taylor for an assault, a true bill
An Indictment against Cullen Combs for an assault, a true bill
An Indictment against William Gilmer for an assault, a true bill

Wednesday, September 21st, 1853. 95

An Indictment against John Dyer for an assault, a true bill
An Indictment against the same for an assault, a true bill
An Indictment against Burgess Hurt for an assault, a true bill
An Indictment against Josiah Tignor for an assault, a true bill
An Indictment against Jesse Browning for an assault, a true bill
An Indictment against John Philips for an assault, a true bill
An Indictment against Martin J. Clifton for an assault, a true bill
An Indictment against William Gilmer for an assault, a true bill
An Indictment against Israel McLaughlin for an assault, a true bill
An Indictment against John Garrett for an assault, a true bill
An Indictment against Israel McLaughlin for a trespass, a true bill
Another indictment against the same for a trespass, a true bill
An Indictment against Jesse Keith for retailing ardent spirits without a license, a true bill
An Indictment against William Monk for carrying concealed weapons, a true bill
An Indictment against Fountain Dye and Polly Darnold for lewdness, a true bill
An Indictment against Eli Hall and Mary Scarberry for lewdness, a true bill
An Indictment against William Dunford and Rosamund Dickenson for lewdness, a true bill

And then the said Grand Jury, having finished the business before them, were discharged.

Ordered that summonses be issued on the several indictments found by the Grand Jury at the present term returnable here at the next term.

The Commonwealth
vs. } Indictment for retailing ardent spirits without a license
Jesse Keith Defendant

On motion of the defendant by John F. McElhenney his attorney it is ordered that the ordered entered at this term for a new process be set aside and thereupon he pleaded not guilty and put himself upon the country and the Attorney for the Commonwealth likewise, and the trial of the issue is contd. till the next term.

96. Wednesday, September 21st, 1853.

John M. Preston Demandant
vs. } On a Writ of Right
James Campbell and others Tenants

This day came the parties by their Attorneys, and the Attorney for the tenants withdrawing the plea heretofore pleaded, saith he is not further informed of any other defence to be made by the said tenants. Therefore it is considered by the Court, that the demandant recover against the tenants his tenement in the Court specified, and it is agreed by the parties that each of them pay their own Costs including the special continuances: And on motion of the demandant a Writ is awarded him directed to the Sheriff of Russell County requiring him to cause the demandant to have possession of the said tenament, returnable here at the next term.

Abner Crump for George W. Hopkins plaintiff
vs. } In Case
Andy F. Hendricks

George W. Hopkins plt. vs. same, deft. In case

The Arbitrators to whom the matters in difference between the parties have been referred, not having made their award, the cases are continued till the next term.

Harry Smith's heirs vs. Eli Jackson, Writ of Right
Leonard Shoemaker vs. Russell Musick In Case

Ordered that these cases be continued till the next term.

Jacob Rasnick plaintiff
vs. } In Case
David Cowan

The parties agree that this suit be dismissed, each party paying his own costs; and leave is given the plaintiff by the defendant to open the hole if any car be found upon the defendant's land above the ditch, into which into which the plaintiff alledges the branch formerly used to run and sink, and to keep it open; the plaintiff agreeing to do no further injury to Defendant's land and soil, than may be necessary for such purpose only; and the parties agree that the opening of said hole shall be under the superintendance of Col. Robert Boyd & Mr. Isaac Vermillion.

Martha Jane Browning plaintiff
vs. } In Case
Christian Wampler defendant

The defendant by Chas. J. Cummings his attorney pleaded a general demurrer and non assumpsit in which demurrer the plaintiff by her Attorney joined and an issue was also joined on the other plea; whereupon it is ordered that the writ of inquiry awarded at the Rules be set

Wednesday, September 21st, 1853. 97

aside and the trial of the issues is continued till the next term.

James Adams plaintiff
vs. } In Case
James Osborn

The defendant by Joseph Stras his attorney pleaded not guilty and a special plea, whereupon it is ordered that the writ of Enquiry awarded at the rules be set aside, and time is give the plaintiff till the next term to reply to said pleas, and the same day is given the defendant here &c.

Daniel J. Ayers plaintiff
vs. } In trespass assault and battery
Vincent Browning defendant

The defendant by Jos. Stras his attorney pleaded not guilty and and son assault, to which the plaintiff by his counsel replied generally and put himself upon the country and the defendant likewise; whereupon it is ordered that the writ of Enquiry awarded at the rules be set aside, and the trial of the issues is continued till the next term.

On the motion of Henry G. Meade by his attorney a writ of error and Supersedeas is awarded him to an order of the County Court of this County, quashing a motion of Eliza Mason certain executions in his petition mentioned, returnable here at the next term, upon the said Meade executing bond with security in the sum of $50, conditioned according to law.

James P. Carrell Clerk of this Court is allowed the sum of $12.50 for his public services since the last Term;
William B. Aston Attorney for the Commonwealth is allowed the sum of fifty dollars for his services since the last term.
Isaac Vermillion Sheriff of this county, is allowed the sum of $10 for his public services since the last Term;
and Isaac Vermillion Keeper of the Jail of this County is allowed the sum of $15 for his public services since the last Term.

Which several allowances are ordered the be certified to the Auditor of public accounts.

Ordered that John W. Owens, Henry Campbell, Cummings G. Fletcher, John A. Holland, Nelson Gray, Wilson Elliott, Danl. Williams, Jonathan W. Wright,
Doughtry Gilmer, William C. Jackson, Sebastian H. Bickley, John Honaker, George Puckett, David Osborne, John M. Combs, Isaac Munsey, Thomas H. Garrett and Vincent Jessee, who have served as Grand jurors at this term, be allowed each the sum of one dollar for said service; which is ordered the be certified to the County Court of this county.

98. Wednesday, September 21st, 1853.

The jurors summoned and attending for the trial of causes at this term are allowed the sums severally annexed to thier names respectively as follows, payable by the Commonwealth and by County levy:

Which said sum of forty four dollars is ordered the be certified

Wednesday, September 21st, 1853. 99

to the Auditor of Public Accounts as allowed by this Court for the services of jurors at this term in cases of the Commonwealth; and the said sum of twenty-seven dollars is ordered to be certified to the County Court of this County as allowed to jurors for their services in civil cases.

Isaac Vermillion Sheriff of this County is allowed his account of $1.30 for imprisoning &c William Keith and James Chaffin by order of this Court at the last Term; which is ordered to be certified to the Auditor of Public Accounts.

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

G. W. Hopkins

Final Office Judgments & Dismissions.

Wednesday September 21st 1854

Hezekiah P. Neil Plaintiff
vs. } In debt
Daniel Price Defendant

This day came the plaintiff, by his Attorney, and the Defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office against him be made final, and that the plaintiff recover against the said Defendant one hundred and twenty dollars the debt in the declaration mentioned, with lawful interest thereon from the 20th day of March 1853 till paid, and his costs by him in this behalf expended.

Solomon Litton, for the benefit of Jas. S. Browning Plt
vs. } In debt
Ancil Ascue and Michael Ascue Defts

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 against him be made final, and that the plaintiff recover against the said Defendant one hundred and fifteen dollars the debt in the declaration mentioned, with lawful interest thereon from the 8th day of June 1853 till paid, and his costs by him in this behalf expended.

George W. Campbell Plaintiff
vs. } In debt
Thomas T. Hawkins Defendant

This day came the plaintiff, by his Attorney, and the Defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office against him be made final, and that the plaintiff recover against the said Defendant one hundred and fifty dollars the debt in

100. Wednesday, September 21st, 1853.

the declaration mentioned, with lawful interest thereon from the 1st day of May 1853 till paid, and his costs by him in this behalf expended.

Lucy Monk administratrix of William Monk dec'd plt
vs. } On a Writ of Scire Facias
Esais Bowman Defendant

This day came the plaintiff, by her Attorney, and the Defendant not yet appearing, it is considered by the Court that the judgment obtained in the Clerk's Office against him be made final, and that she have execution against the said defendant for $106.07 and also $23.57 the damages and costs in the said Writ expressed, and also for her costs by her in this behalf expended.

Thomas H. Garrett jr. Plaintiff
vs. } In Case
Cullin Combs Defendant

Ordered, that this suit, in which a dismission at the Rules has been entered, according to an agreement between the parties, stand so dismissed.

Teste,
James P. Carrell, C. C.