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County Court Law Order Book, 1853, November Term
Tuesday, November 8th 1853. 31
At a Quarterly Court held for Russell County at the Courthouse on Tuesday the 8th day of November 1853.
Present, John T. Smith presiding justice and George Gose and James Cavender other justices.
The following list of Writings admitted to record by the Clerk of this Court in his Office since the last Term, was read in Court and ordered to be entered on the minutes:
A Deed of bargain and sale for land from Warders Attorney to Cornelius Vanover, dated and admitted to record the 4th of October 1853
An Indenture of bargain and sale for land from John W. Honaker & wife to James H. Gibson, dated the 31st of January 1853, and admitted to record the 4th of October 1853.
An Indenture of bargain and sale for land from Howard Wallis & wife to Evan A. & Wm. J. Kindrick, dated the 1sts of October 1853, and admitted to record the 7th of October 1853.
A deed of bargain and sale for land for a town lot from Edward D. Keenan to Thomas C. M. Alderson, dated the 15th of October 1853, and admitted to record the 7th of November 1853.
A deed of bargain and sale for land from Warders Attorney to Leonard Burchell, dated and admitted to record the 7th of November 1853
Ordered that Solomon Mullins son of William be exempted from working on public roads, on account of bodily infirmity
On application of Wells and Carey by their Agent, they are permitted to place on the Courthouse four conducters of electricity one at each of the Office chimneys, one at the cupola and one at the north gable and of the Court room to be put up of the material represented by said agent in their most substantial and safe manner for the protection of the building, said agent agreeing to put them up at his own expense for 25 Cents per foot
August W. Aston, foreman; George Puckett, Nelson Gray, Wm. Bradshaw, Robert Burk, John A. Holland, Daniel Williams, Abner Harding, Griffith Dickenson, Thomas Austin, Ezekiel Counts, Abraham Childers, John M. Kizer, Isaac Fraley, Absalom Baugh, Henry G. Meade, were sworn a Grand Jury of Inquest for the body of this County, and having received their charges withdrew, and after some time returned into Court & promoted:
An Indictment against Henry Dye for an assault, a true bill;
An Indictment against James Bays for an assault, a true bill;
An Indictment against James Murphey for an assault, a true bill;
An Indictment against Samuel E. Gilmer for an assault, a true bill;
An Indictment against same for selling liquor to a slave, a true bill;
32 Tuesday, November 8th 1853.
An Indictment against George Barton for an assault, a true bill;
An Indictment against James Hess for distilling fruit without a license, a true bill;
An Indictment against James Gilbert for distilling fruit without a license, a true bill;
An Indictment against Ambrose Silcox for disturbing religious worship, a true bill;
An Indictment against James Mays and Patsey Cook for lewdness, a true bill;
And then the said Grand Jury, having nothing further to present, were discharged.
Ordered that the Clerk issue summonses upon the Indictments this day found by the Grand Jury, returnable here at the next Term.
Ordered that Ellington P. Owens and Hiram Owens be added to Thomas Cunningham's Road list.
Ordered that George Finney be exempted from working on the new road that is about being opened up the left hand fork of Dump's Creek.
Ordered that Jos Taylor, Daniel Workman and Andrew Stephens be added to David Runnions' Road list.
Ordered that William H. Jackson & George Fuller be added to Elijah Ferrell's Road list.
On the application of John Whitt for an alteration in the public road running through his land, said application is referred to Thomas W. Davis one of the Road Commissioners, to view and report thereon according to law.
William Samples, Minerva Samples and Joshua Samples, infant children of Lewis Samples deceased, being of full age for the purpose came into Court and made choice of Ann Samples, their mother for their Guardian who thereupon executed a bond according to law in the penalty of $5000.00 and took an oath faithfully to perform the duties of her trust; and time is give to Joshua Redwine security named in said bond to execute the same on his part.
The Commonwealth
Vs. } On an Indictment for an assault
James Vicars Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: James H. Fuller, Joseph Necessary, John P. Dickenson, Reynolds Shoemaker, Jackson Muller, Elijah Sutherland, Martin G. Garrett, Basil Fletcher, William Hargis, George W. Dickenson, Andy Ball and David Counts, who being elected tried and sworn the truth to speak upon the issue joined upon their oath
Tuesday, November 8th 1853. 33
do say, that the Defendant is guilty in manner and form as in the indictment against him is alledged; and they do assess the fine of the defendant by reason thereof to five dollars. Therefore, it is considered by the Court, that the Commonwealth recover against the Defendant the said find of $5 and the costs of this prosecution, & may be taken &c.
The Commonwealth
vs. } On an Indictment for neglect of duty as Surveyor of a road
Daniel Price, Defendant
The Attorney for the Commonwealth, saith he will not further prosecute on this Indictment. Therefore it is considered by the Court that the defendant go thereof without delay.
Ordered that the Court be adjourned till tomorrow morning at 10 Oclock.
John T. Smith
At a Quarterly Court continued and held for Russell County at the Courthouse on Wednesday the 9th day of November 1853.
Present John T. Smith presiding justice and James Cavender and Samuel W. Aston other justices.
Ordered that Thomas W. Davis and his slave Ben, R. R. Lee and John Honaker, be added to David Counts' Road list.
Ordered that Randolph Robinett be appointed Surveyor of the Pound Gap Road from the Crab Orchard to the fork on the Scott Road at Guests Station in room of Jeremiah Couch, and that he keep the same in repair with the tithables on said Couch's list.
Joseph Eastep and Osborn Howell surveyors of roads are by their consent ordered to divide the hands that ought to work on their precincts of the road, and report a list thereof to the next Court.
Ordered that J. F. McElhenney be authorized to have the North side of the old jail covered anew, the cost of which is to be paid out of the present years' rent.
Ordered that the Clerk of this Court be authorized to recover the amount due the county for the sale of two town lots at the West end of Lebanon, and report the amount thereof to the Court.
Ordered that James Cavender be appointed School Commissioner for the 14th School district in room of Arthur Dale resigned.
Joshua Redwine security for Ann Samples in a guardian bond yesterday entered into by her, came into Court, subscribed and acknowledged the same.
34 Wednesday, November 9th 1853.
Fayette McMullen plaintiff
vs. } In debt
Daniel Price defendant
This day came the parties by their Attorneys, and the defendant withdrawing the plea heretofore pleaded by him acknowledges the plaintiffs action against him for $100.00 the debt in the declaration mentioned with interest thereon from the 1st day of Sept 1852, till paid & the costs; and the parties agree that their costs in the case be added together and that each party bear an equal portion thereof, and the plaintiff on his part agrees that no execution shall be issued for one year; and judgment is entered accordingly.
The Commonwealth
vs. } On an Indictment for assault
Archibald Hackney Defendant
This day came the Attorney for the Commonwealth and also a jury, to wit: James H. Fuller, Joseph Necessary, John P. Dickenson, Reynolds Shoemaker, Jackson Mutter, Elijah Sutherland, Martin G. Garrett, Basil Fletcher, William Hargis, George W. Dickenson, Andy Ball and David Counts, who being elected tried and sworn diligently to enquire of the fine in this case, upon their oath do find the defendant guilty of the assault in the indictment charged and assess his find by reason thereof to $1. 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; and the said defendant may be taken &c.
The Commonwealth
vs. } Indictment for retailing Ardent spirits without license
Armstrong Jessee Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: George C. Gose, Wilson Evans, William Gilmore senr., Charles C. Dickenson, Jackson Litton, Abraham Buckles, James Colley, George W. Litton, Robert Mitchell, Benjamin Wallis, Jos. Chapman and John T. Howard, 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. Therefore it is considered by the Court that the Commonwealth recover against the defendant #30 the fine prescribed by law and the costs of this prosecution, and may be taken &c.
The Commonwealth
vs. } On an Indictment for traking with a slave without the consent of the owner.
Charles Williams Defendant
Wednesday, November 9th 1853. 35
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: Charles C. Dickenson, Jackson Litton, Wilson Evans, James S. Browning, Joseph Chapman, Abraham Buckles, Archibald Burk, John T. Howard, Noah Kiser, Geo. C. Gose, Elam Grizzle and Benjamin Wallis, 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 the find of the Defendant by reason thereof to $1 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; and the said Defendant may be taken &c.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road
John Bradshaw Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, who submit the case to the decision of the Court, who after hearing testimony decide that the defendant is not guilty. 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.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road
James B. Low Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: Chas. C. Dickenson, Jackson Litton, Wilson Evans, James S. Browning, Joseph Chapman, Abraham Buckles, Archibald Burk, John T. Howard, Noah Kiser, Geo. C. Gose, Elam Grizzle and Benjamin Wallis, 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.
The Commonwealth
vs. } Indictment for neglect of duty as Surveyor of a road
Henderson Mutter Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: James H. Fuller, Joseph Necessary, John P. Dickenson, Reynolds Shoemaker, William Williams, Elijah Sutherland, Martin G. Garrett, Basil Fletcher, William Hargis, George W. Dickenson, Andy Ball and David Counts, who being elected tried and sworn the truth to
36. Wednesday, November 9th 1853.
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.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road (case No. 2)
James B. Low Defendant
On motion of defendant and for reasons appearing to the Court, it is ordered that this case be continued till the next term at the defendants' costs; and it is ordered that he procure a sledge and crow bar and blowing tools to be used on his and the adjoining eastern precinct of said road, the cost of which is to be paid him by County levy.
The Commonwealth
vs. } On an Indictment for an assault
John Bradshaw Defendant
This day came the Attorney for the Commonwealth and also a jury, to wit: Charles C. Dickenson, Jackson Litton, Wilson Evans, James S. Browning, Joseph Chapman, Abraham Buckles, Archibald Burk, John T. Howard, Noah Kiser, William Browning, Elam Grizzle and Benjamin Wallis, who being elected tried and sworn diligently to enquire of the fine in this case, 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 the find of the defendant to one dollar besides 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, and the said defendant may be taken &c.
The Commonwealth
vs. } On an Indictment for an assault
William Stanley Defendant
This day came the Attorney for the Commonwealth and also a jury, to wit: James H. Fuller, William Williams, John P. Dickenson, Reynolds Shoemaker, Jackson Mutter, Elijah Sutherland, Martin G. Garrett, Basil Fletcher, William Hargis, George W. Dickenson, Andy Ball and David Counts, who being elected tried and sworn diligently to enquire of the fine in this case, upon their oath do say that they find the defendant guilty and assess the fine to $5 besides the costs. Therefore, it is considered by the Court, that the Commonwealth recover against the Defendant the said fine of $5.00
Wednesday, November 9th 1853. 37.
and the Costs of this prosecution, and the said defendant may be taken &c.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road
John A. Collins Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his Attorney, and also a jury, to wit: Charles C. Dickenson, Jackson Litton, Wilson Evans, James S. Browning, Joseph Chapman, Abraham Buckles, Archibald Burk, John T. Howard, Noah Kiser, William Browning, Elam Grizzle and Benjamin Wallis, 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 Commonwealth take nothing by his bill, and that the defendant go thereof without delay.
Ordered that the Court be adjourned till tomorrow morning at 10 Oclock.
John T. Smith
At a Quarterly Court continued and held for Russell County at the courthouse on Thursday the 10th day of November 1853.
Present the same justices as on yesterday.
Ordered that Nathaniel Dickenson be appointed surveyor of the road from the ford of Clinch River, to the Buffalo Stamp on Copper ridge in the room of John Dickenson, and that he keep the same in repair with the following tithables Thomas T. Dickenson, Edmund, Humphrey & Wilson slaves of James Dickenson, James H. Dickenson, James Bickley, Fletcher Bickley, Bickley's Dan, Thomas D. P. Dickenson, son of Nathaniel, James H. Gray, John Dickenson & slaves Anderson, Reuban and his other male tithable slaves, Robert Dickenson, Littleberry Dickenson, Thomas J. Smith, James Dickenson son of Nathaniel, Noah Counts, Hiram Cowder Dickenson, Doct John W. Byars, Ganaway at Bickleys Joseph Combs, Alexr. Hall Josiah D. Bush, Jas. McReynolds, James, a free man, James Minton.
Ordered that the following tithables be assigned to Isaac Vermillion surveyor of the turnpike from the Courthouse to the top of the hill west of Andy F. Hendricks', James O. Lynch, Russell Powers, Robert Mitchell, David P. Isley, John D. Burnett, Charles D. Boyd, Wm. P. Boyd, George W. Tysinger, Peter B. Henritze, Hugh N. Sergent, David G. Thomas, Thomas D. Boyd, Thomas H. Lynch, Robert Boyd, Henry D. Boyd, Isaac Davis, John Parsons, Robert Boyds slave tithables, John Wright, Tom Wright, Wm. Ferguson, John Parsons, John Boyd, Marcus Tunnell.
38 Thursday, November 10th 1853.
Ordered that Edward D. Kernan be appointed Surveyor of the turnpike from the Court house to the two mile post West of Lebanon in place of George A. Pruner, and that the following tithables be assigned him: Charles Carrell's three hands, James P. Carrell's three hands, Francis Lark, Edward B. Price, George A. Pruner, Henry S. Gibson, Meredith C. Logan, Patton Logan, William E. Frick, Christopher Alderson, John B. Fickle, Isaac Fickle, John Fickle, Thos. D. Kernan, E. D. Kernans 2 hands, Felix G. Catron, Samuel W. Aston, Wm. B. Aston, J. F. McElhenney, Benj. W. S. Bishop, T. C. M. Alderson, Wm. J. Dickenson, Robert M. Fields, Joshua Fields, Aaron Hendricks, Hamilton Fields, William White, Preston Dickenson, Harry Ousley, Richard H. Lynch's boy Grand.
Ordered that the following tithables be added to Thos. Davis' road list: Robert Boyd, Thomas D. Boyd, Henry J. Boyd, John Wright, Thom Wright, Robert Boyd's slaves, Isaac Vermillion, Russell Powers, Thomas H. Lynch, Wm. Ferguson, James P. Lynch, Robert Mitchell.
Ordered that William N. Leece be appointed Surveyor of of the New Road from Reed's Valley Road at George Finneys to the top of Copper Ridge, to be opened 20 feet and dug and levelled 10 feet along the location made by the road Commissioner: the following tithables are ordered to work under him: Francis B. Jessee, Edward Stinson, William Stinson, Elijah Breeding, Harvey Breeding, Spencer Breeding, William Breeding, Noah Breeding, James Breeding Anderson Hackney, John Hackney, Isaac McReynolds, Robert W. Reynolds, Noah Fuller, Thomas Owens, James Bailey, John Wolf, Joseph Boswell, Reuben Finney, John Finney, George Finney jr., Jasper Artrip, Joseph Artrip, Harvey Artrip, James Artrip, John Smith, James Smith, Joshua Smith, James Finney, Morgan Finney, Joshua Counts, Noah Counts, son of Joshua Nicodemus Anderson.
Ordered that Andrew Williams be appointed surveyor of the new road from the top of Copper Ridge to the Glade Hollow on the lands of Nelson Gray, to be opened 20 feet and dug and levelled 10 feet along the location made by the road Commissioner; and the following tithables are ordered to work under him:
David Bromet, John Bromet, Henry Bromet, Anthony Puckett, Thos. Puckett, Isaac Puckett, Hiram Newcum, William Helbert, Peter Bowman, Aaron Shell, Thomas Thompson, Daniel Mercer, Alfred Thompson, Jacob Minick, Isaac Shell, Joseph Spurgeon, Robert B. Cates, Harvey Gray and slaves Nelson, Elisha, Lewis, Jim & Joseph, Napoleon B. Gray & slave Alexander, Saml. Leece jr., Alexander Leece, Samuel Leece and slaves Jim, Nathan, David, Franklin and Barna, Danl. Williams, Thos. Williams, Saml. Williams.
Thursday, November 10th 1853. 39
Ordered that William B. Aston be appointed surveyor of of the road from Glade Hollow on Nelson Gray's place to the Turnpike West of Lebanon to be opened 20 feet and dug and levelled 10 feet on the location last made; and the following tithables are ordered to work under him:
Charles Carrell & three negro boys, Francis Lark, Edward B. Price, George A. Pruner, Henry S. Gibson, Meredith C. Logan, Patton Logan, William E. Frick, Christopher Alderson, James P. Carrell's three negro boys John B. Fickle, Isaac Fickle, John Fickle, Edward D. Kernan and two negroes, Thomas D. Kernan, Felix G. Catron, Samuel W. Aston and negro boy, Benjamin W. S. Bishop, Thomas C. M. Alderson, William J. Dickenson, Robert M. Fields, Joshua Fields, Hamilton Fields, John F. McElhenney, James A. Austin, William White, Harvey Ousley, Preston Dickenson, Aaron Hendricks, Richard H. Lynch and slave Grand, Augustus W. Aston, and McElhenney's Commodore.
Ordered that the following tithables be assigned to John A. Collins surveyor of the road from the fork of the road at Nathan E. Burdine's to the fork of Carr's Creek: Andrew Harvey, John W. Harvey, Lewis Bradley, Robert McNutt, James H. Gibson, William Litton, Wm. Suit, John Ward, Andrew Statcher, Chas. Barker, Alfred Boothe, Joshua White, Nathan E. Burdine and slave Edmund.
Ordered that Napoleon B. Gray be appointed surveyor of the turnpike road from the two miles post West of Lebanon to the bridge on the line between Harvey Gray and Dale Carter in the room of Harvey Gray, and that he keep the same in repair with the tithables on said Harvey Grays list.
Isaac Vermillion is authorised to procure a crow bar and sledge and safely keep them to be used on the roads of which he, Thomas Davis, Edward D. Kernan and Wm. B. Aston are surveyors, the cost of which is to be paid by County levy.
Ordered that Robert A. White procure and keep a sledge and crow bar for the use of the road of which he and Henderson Mutter are surveyors, the cost of which to be paid him by County levy.
Ordered that J. F. McElhenney be authorised to purchase so much suitable carpeting as may be necessary to cover the floor of the Court room of the Courthouse, the cost of which is to be paid by County levy.
Ordered that James P. Carrell Clerk of this Court pay out the money he is authorised to recense for sale of town lots, the cost of putting up lightening roads on the Courthouse.
James P. Carrell Clerk of this Court is allowed the sum of twenty-five dollars for examining and certifying the Commissioners' books for the current year, which is ordered to be certified to the Auditor of Public Accounts.
40 Thursday, November 10th 1853
William Stanley Appellant
vs. } On an appeal from the judgment of a justice
John Clay Appellee
This day came the parties by their Attorneys, and the original warrant with the judgment of the justice endorsed thereon being seen and inspected and evidence heard, it seems to the Court that there is no error in said judgment. Therefore it is considered that the same be affirmed and that Appellee recover against the appellant and Stephen H. Senter his security $16.38 cents the amount of said judgment, with damages thereon at the rate of 10 per centum per annum from the 13th day of June 1853 till paid, and his costs expended in defending this appeal.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road
Abel Alderson Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his attorney, and also a jury, to wit: Samuel Hargis, Abraham Buckles, James S. Browning, Jackson Litton, John T. Howard, Elam Grizzle, Joseph Chapman, Charles C. Dickenson, William Browning, Noah Kiser, Archibald Burk and Wilson Evans, 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.
The Commonwealth
vs. } Indt. for neglect of duty as Surveyor of a road
William Jessee Defendant
This day came as well the Attorney for the Commonwealth as the defendant by his attorney, and also a jury, to wit: John T. Howard, William Browning, Charles C. Dickenson, Wilson Evans, Abraham Buckles, Jackson Litton, James S. Browning, Joseph Chapman, Samuel Hargis jr., Elam Grizzle, Jacob Minick, Peter B. Henritze and John C. Chapman, 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 the fine of the Defendant to $5.00 besides the Costs. 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; and the said defendant may be taken &c.
Thursday, November 10th 1853. 41
Robert C. Boyd, who sues for the benefit of Charles D. Boyd plt
vs. } In debt
William White Defendant
This day came the parties by their Attorneys, and the Deft by his counsel filed a special plea of payment, to which the plaintiff by his Attorney replied, and issue being joined, came a jury, to wit: Charles C. Dickenson, Wilson Evans, Abraham Buckles, John T. Howard, Jackson Litton, Joseph Chapman, James S. Browning, John C. Chapman, William Browning, Archibald Burk, Noah Kiser and Elam Grizzle, who, being elected tried and sworn the truth to speak upon the issue joined upon their oath do say that they find for the plaintiff the debt in the declaration mentioned with interest thereon from the 1st day of July 1852. Therefore it is considered by the Court that the plaintiff for the benefit of the said Charles C. Boyd recover against the defendant $75 his debt aforesaid, with lawful interest thereon from the 1st day of July 1852 till paid, and his costs by him in this behalf expended.
Isaac Vermillion admr. of Solomon Perry plaintiff
vs. } In debt
Josiah Tignor and John Gilmer defendants
The defendants by their Attorney pleaded payment, to which the plaintiff replied generally put himself upon the country and the defendants likewise; whereupon it is ordered that the judgment obtained in the Clerk's Office be set aside, and the trial of the issue is continued till the next Term.
William C. Jackson plaintiff
vs. } In debt
Martin Fraley defendant
he defendants by his Attorney pleaded payment, to which the plaintiff replied generally put himself upon the country and the defendants likewise; whereupon it is ordered that the judgment obtained in the Clerk's Office be set aside, and the trial of the issue is continued till the next term, with leave to the defendant to file other pleas.
The Commonwealth vs. John C. Harrison Indt. (Road case)
Same vs. Thomas Mutter Indt. (Road case)
Same vs. Robert A. White Indt. (Road case)
Ordered that these cases be continued till the next Term.
The Commonwealth
vs. } Indt. for an assault
David C. Gillenwaters Defendant
The last process awarded not being executed, and the defendant not yet appearing, another capias is awarded against him to the Sheriff of Washington County to be directed returnable here at the next Term, and this case is till then continued.
42. Thursday, November 10th 1853.
The Commonwealth
vs. } Indt. for retailing ardent spirits without a license
Jesse Keith Defendant
Same
vs. } Indt. for gaming with a slave
Elijah Austin
Ordered that these cases be continued till the next term, and Joshia D. Bush the witness in behalf of the Commonwealth having been regularly summoned and not appearing though solemnly called, it is ordered that he be summoned to appear here at the next March Term and show cause why he should be fined for his said contempt.
The Commonwealth
vs. } Indictment for lewdness.
John A. Mullins & Ava Briant Defendants
The Capias awarded against the Defendant at the last term not being executed, an alias capias is awarded returnable here at the next Term; and this case is till then contd.
The administrator of Henry Dickenson dec'd plaintiff
vs. } In Case
The executors of Aaron Hendricks dec'd defendants
On motion of the plaintiff by his Attorney, and this case having remained pending in this Court more than a year without being determined it is ordered that it be removed to the Circuit Court of this county, to be there prosecuted and finally determined.
William Nash vs. Samuel Perry In Case
George W. Hopkins vs. Andy F. Hendricks guardn. &c. In Case
Patton G. Keen for Andy F. Hendricks vs. Augustus W. & Wm. B. Aston In debt
Andy F. Hendricks vs. Michael Askew In Case
Same vs. Same In Case
William Johnson vs. John Alexander Replevin
Commonwealth vs. William Harding Scire facias
George Murphy vs. John W. Lampkin In case
Nathan McKinney vs. Heiskell Mullins In case
Dale Carter vs. David Willis & wife In A.2.C.F.
Ordered that these cases be continued till the next term.
Andy F. Hendricks plaintiff
vs. } In Case
Sutherland's admr.
This case is continued till the next term at plaintiff's costs.
McFarlane's admrs. plaintiffs
against } In debt
John Mays
On motion of plts, ordered that this suit be dismissed.
Thursday, November 10th 1853. 43
Nathan E. Caldwell plaintiff
vs. } In Covenant
Dale Carter defendant
Andy F. Hendricks Plaintiff
vs. } In case
Michael Askew Defendant
On motion of the defendants respectively it is ordered that these cases be continued till the next term at their costs respectively.
Nathan E. Burdine Plaintiff
vs. } In case
William Jessee Defendant
The parties agree that Charles J. Cummings be arbitrator in this case in place of Charles S. Bekem, and the same is continued till the next term.
Wm. B. Aston and Robert Boyd who had been appointed by this Court to sell two vacant lots at the West end of Lebanon and South of the Main Street this day reported that on the first day of November Court 1852 they sold one of said lots to Robert Boyd for the sum of $140.00, and the two thirds of the other to E. D. Kernan for the sum of $60.00, both sums payable at the end of 12 months, whereupon it is ordered that James P. Carrell Clerk of this court upon payments to him of said sums, for the use of the County do execute and acknowledge on behalf of the Court deeds of conveyance for said lot and two thirds of a lot agreeably to the above sale.
It appearing to the Court from the testimony of sundry witnesses sworn in Court as well as from other information, that the main road passing through Lebanon is not kept in repair as is required by law, it is ordered that the Sheriff of this county being furnished by the Clerk with a copy of this order, to give notice to the several surveyors on said road from the line of Scott to the line of Tazewell, that the the next March Term the Court will proceed to make rules against every one of them who by that time shall have failed to have his precincts in proper repair, to be shown by the testimony they may respectively produce before the Court; and that the sheriff make return of the execution of this order.
At the request of several members of the bar, the Court permits them to take down the partition in bar in the Court room between the two columns, which they agree to do at their own proper charges, having the bar at the same time in suitable repair.
This day George W. Candler produced an account of his services as Commissioner of the revenue, and this Court having considered that fifty days were requisite to perform the services aforesaid besides the extra compensation allowed by law.
44 Thursday, November 10th 1853.
A Settlement of the administration accounts of Origan Dickenson on the estate of Martin Lee deceased;
A Settlement of the Administration accounts of John F. McElhenney and William B. Aston on the estate of William Samples decd;
A Settlement of the administration accounts of Samuel Robinson on the estate of James H. Webb deceased;
And a Settlement of the Administration accounts of J. F. McElhenney and Wm. B. Aston administrators of the estate of James M. McFarlane deceased;
Were reported to the Court and there being no exceptions thereto, the same are ordered to be recorded.
The following are the allowances to jurors in prosecutions for misdemeanors to which they are entitled by law for services during the present term:
Which said allowances are ordered to be certified to the Auditor of public accounts. Allowances to Jurors, payable by the County.
45 Thursday, November 10th 1853.
Ordered that the Court be adjourned till the first day of the next term.
John T. Smith
Final Office Judgments.
Origan Dickenson plaintiff
vs. } In debt
Andrew J. Jessee defendant
This day came the plaintiff by his Attorney, and the deft not yet appearing, it is considered by the Court that the judgment entered in this case in the Clerk's Office be made final, and that the plaintiff recover against the Defendant $261.62 the debt in the declaration mentioned, with lawful interest thereon from the 1st day of September 1853 till paid, and his costs by him about his suit on this behalf expended.
James P. Carrell plaintiff
vs. } In debt
Hiram Owens defendant
This day came the plaintiff by his Attorney, and the defendant not yet appearing, it is considered by the Court that the judgment entered in this case in the Clerk's Office be made final, and that the plaintiff recover against the Defendant $50.00 the debt in the declaration mentioned, with lawful interest thereon from the 17th day of September 1851 till paid, and his costs by him about his suit on this behalf expended.
Andrew Williams plaintiff
vs. } Four Cases in debt
Alexander L. Bratton Defendant
The plaintiff having entered his missions in these cases at the Rules, it is ordered that the same so stand dismissed.
Teste,
James P. Carrell, C. C.
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