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County Court Law Order Book, 1854, March Term
Tuesday, March 7th 1854 63 At a Quarterly Court held for Russell County at the courthouse on Tuesday the 7th day of March 1854 Present, John T. Smith, Jefferson Jessee and Wm H. Dean, 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 George Steele to Jacob Rasnick dated the 17th day of December 1853, and admitted to record the 7th of February 1854 Two deeds of bargain and sale for land from Benjamin H. Warder and others by William B. Aston their Attorney, one to James Osborne, dated the 8th of February 1854 and the other to James Artrip, dated the 16th of February 1854, and both admitted to record the 17th of February 1854. A Deed of bargain and sale for land from James W. Hendricks to Daniel J. Ayres, dated the 21st February 1854, and admitted to record the 22nd of February 1854. A Deed of bargain and sale for land from Benjamin H. Warder & others by Wm. B. Aston their Attorney to John Thompson, dated and admitted to record the 6th of February 1854. Ordered that Mordecai Monroe, Martin Monroe, Danl. R. Pippen, and James McClure be added to Joseph C. Fugates road list. The following tithables are assigned to Aaron Gose surveyor of the road from Dickenson's Store to Honaker's branch - John Dickenson's four hands, Henry Dickenson, Valentine Bush, Anderson P. Bush, James Chaffin jr., Johnson Wyatt, Henry Holbrook, George H. Heaberlin. Ordered that Jourdan Poston, Jacob Helbert, and Bob a slave of Harvey grays be added to Napoleon B. Gray's road list. Ordered that James Dickenson guardian of the infant children of Robert Dickenson deceased be authorised to make sale of a land warrant issued to them for their Ancestors services in the late war with Great Britain. Ordered that John Hughes, Harrison Hughes, Jeremiah Couch and Charles M. Ashby be added to William P. Honaker's road list. On the motion of Sally Fletcher widow of Basil Fletcher deceased and of Mose Hurt, who made oath, and together with Gabriel Jessee and Zadok N. Garnder their sureties entered into and acknowledged a bond in the penalty of fifteen hundred dollars conditioned according to law, certificate is granted them for obtaining letters of administration on the said decedents estate in due form.
64 Tuesday, March 7th 1854 Ordered that Lorenzo D. Fletcher, Gabriel Jessee, John G. Herndon and Elijah Ferrell or any three of them being first sworn before a justice of the peace for the purpose, do appraise in current money the personal estate of Basil Fletcher deceased, and return an Inventory thereof to the Clerk of this Court for record. On the motion of James Kelly who has been licensed to practice the law in the Court of this Commonwealth, he has leave to practise in this Court and thereupon he took the oath of fidelity to the Commonwealth, an oath to support the Constitution of the United States, and the oath of an Attorney at law. On motion, Ordered that George W. Smith son of John, and Nicodemus Anderson be added to Reuben Finney's road list. On the application of John Counts (son of John) he is exempted from payment of public taxes, county levies, and from working on county Roads, on account of bodily infirmities. Ordered that Henry Smith be exempted from paying County levy on one tithable for the year 1853. Ordered that Thomas J. Davis, & Samuel Collins and to John Campbells road list. For reasons appearing to the Court it is ordered that Robert Johnson and his hands be released from working on the road of which Isaiah Cumbow is surveyor. Ordered that Andrew Statzer be appointed Surveyor of the road in the room of Henry M. Honaker, and that the following persons assist in keeping the same in repair: Samuel Honaker, John Powers, Robert Lesley, Henry Farler, Thomas Wood, David G. Martin, D. W. Barker, William Combs, John Cross and Henry M. Honaker. Ordered that the road from the Harold's Valley Road across the red oak ridge and up Lick Creek to the Neece place of which Marion T. Bickley is surveyor be opened, dug and levelled 12 feet instead of the width heretofore ordered. Ordered that Washington Neece be added to Simpson Dyer's road list. On the application of Samuel Horn for a new road in the County from Guest's Station up the North side of Guest's River to intersect the Lee Road for the convenience of travelling, it is ordered that Nicholas Horn, William Freeman, Schuyler Hamilton and David Ramsey or any three of them being first sworn before a justice of the peace for the purpose, do view the ground along which the said road is proposed to be conducted and report to this Court truly and impartially the conveniences and inconveniences that may attend the same.
Tuesday, March 7th 1854 65 Ordered that Harvey G. Long, Thomas Gibson, Robert Mason, Oliver Chaffin and William Gibson be appointed to work under John C. Browning Surveyor of a road. Ordered that David Willis be fined in the sum of three dollars for disturbing in the Court room the business of the Court. On the application of Alexander Sutherland be exempted from working on roads on account of bodily infirmity. On the application of William Pippin for a new road in this County from his residence to Joseph Chapman's road for the convenience of travelling to the Courthouse and to mill the said application is referred to John H. S. Fugate one of the road Commissioners, to view and report thereon according to law. Ordered that James Kiser, William Counts, James Counts, Samuel Kelley, Stephen Skeen, William Duncan, Dynestus Turner be added to Noah Kiser's road list. It appearing to the Court that three claims belonging to Alderson and Aston amounting to $17.76 were omitted to be entered in the County levy of last year, it is ordered that the Sheriff pay them that amount out of the County levy of that year. Ordered that Alexander Carico be appointed Surveyor of the Pound Gap Road, from the Stone Gap to Gose Lick Logs in room of Austin Bush, and that he keep the same in repair with the hands on said Bush's road list. The Commonwealth vs. John C. Harrisson Indt. Road case. Ordered that these several cases be continued till the next Term. Same vs. Henry Dye Indt. for an assault The summons awarded against the Defendant at the last term being returned executed and he not yet appearing, a capias is awarded against the Defendant returnable here at the next term, and this case is till then continued. Same vs. James Mays Indt for an assault The summons awarded in these cases being returned not executed and that the defts have gone to the County of Scott, new Summonses are awarded to the Sheriff of said County be be directed returnable here at the next Term, and there
66 Tuesday, March 7th 1854 cases are till then continued. The Commonwealth vs. Ambrose Silcox, Indt. for disturbing religious Worship The Summons awarded against the Defendant at the last Term not being executed, an alias Summons is awarded against him returnable here at the next Term, till when the case is continued. The Commonwealth vs. Samuel E. Gilmer, Indt. for selling liquor to a slave On motion of the Attorney for the the Commonwealth it is ordered that this Indictment be quashed. The Commonwealth vs. James Hess deft. Indt. for distilling without a license By consent of the Attorney for the the Commonwealth and of the Defendant this case is dismissed at the Defendants Costs. The Commonwealth vs. James Gilbert deft. Indt. for distilling spirits without a license By consent of the Attorney for the the Commonwealth and of the Defendant this case is dismissed at the Defendants' Costs. The Commonwealth The last process against Mullins not being executed new process is awarded against him returnable here at the next term, and the case as to him is till then continued. And process being served upon the Defendant Ava Briant and she not appearing, came a jury, to wit: Joseph McFarlane, John P. Robinson, James Bickley, Martin C. Jessee, Moses Ball, Rolling R. Redwine, Harvey Mutter, Charles Williams, John W. Martin, Joel Fields, Henry Vencill, & John Philips who being elected tried and sworn diligently to enquire of the fine against said defendant Ava Briant upon their oath do find said defendant guilty and assess her fine to $50.00. Therefore it is considered by the Court that the Commonwealth recover against the defendant the said fine of $50.00, and the costs of this prosecution against her expended, and may be taken &c. The Commonwealth This day came as well the Attorney for the Commonwealth as the defendant by John F. McElhenney his Attorney who pleaded not guilty and put himself upon the Country and the Attorney for the Commonwealth likewise; whereupon came a jury, to with Joseph McFarlane, John P. Robinson, James Bickley, Martin C. Jessee, Moses Ball, Rolling R. Redwine,
Harvey Mutter, Charles Williams, John W. Martin, Joel Fields, Henry Vencill, and John Philips, 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 to $1.00, 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 This day came as well the Attorney for the Commonwealth as the defendant by 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: Nathan E. Burdine, Granville Ferguson, William P. Honaker, Abraham Thomas, George L. Jessee, William T. Fletcher, Andrew P. Gibson, Francis Lark, John W. Owens, Zachr. Dorton, Caleb Griffith, and William Stinson, 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. Dale Carter plaintiff By consent of the plaintiff the defendant David Willis confesses judgment for the plaintiff's costs except an Attorney's fee; and judgment is entered accordingly. Abel Alderson & Samuel W. Aston having obtained an Attachment against the estate of John H. Moore who had removed his effects out of this Commonwealth &c. This day came the plaintiffs by their Attorney, and the defendant not having replevied the same and the constable having returned that he had levied the same in the hands of Francis Browning and Caleb Hawkins, judgment is granted the plaintiffs against the defendant for $25.41 the amount claimed in their Attachment with lawful interest thereon from the 12th day of July 1853 till paid, and their Costs by them in this behalf expended, and it appearing that the said Francis Browning owes the defendant the sum of
$23.00, and the said Caleb Hawkins the sum of $10.00 it is ordered that the said sums be paid by them towards the satisfaction of the plaintiffs' judgment. Wilson Evans produced an account against the Commonwealth for services as a Constable in the arrest of Samuel Neece on a charge for felony and the services of James Skeen and William Ramsey in making the arrest amounting to $3.70 was proven in Court by the oath of said Constable and guards allowed by the Court, and ordered to be certified to the Auditor of Public Accounts. Vincent Browning a Constable of this County produced his account against the Commonwealth amounting to $1.20 for executing a Search Warrant and arrest of a lunatic, which was sworn to by the said Constable, allowed by the Court, and ordered to be certified to the Auditor of Public Accounts. Vincent Browning a Constable of this County produced his account against the Commonwealth amounting to $4.00 including the services of Benjamin Wallis and Charles Williams for assisting in the arrest of Duff a slave of Caleb Hawkins, was sworn to by the said Vincent Browning, Benjamin Wallis and Charles Williams, allowed by the Court, and ordered to be certified to the Auditor of Public Accounts. Vincent Browning a Constable of this County produced his account against the Commonwealth for arrest of criminals, their support and including the services of Isaac B. Fickle, David P. Isley, Leonard S. Hargis, Benjamin Wallis, Cummings Fletcher, David Benner, John C. Boswell, Isaac Vermillion, John Parsons and John Boyd, amounting in the whole to $62.50 was sworn to by them, allowed by the Court, and ordered to be certified to the Auditor of Public Accounts. Ordered that the Court be adjourned till tomorrow morning at 10 Oclock. John T. Smith
At a Court of Quarterly Session continued and held for Russell County, at the Courthouse on Wednesday the 8th day of March 1854. Present, John T. Smith presiding justice, and Jefferson Jessee and William H. Dean other justices. An Account presented by Alderson and Aston for clothing furnished by them for Louisa B. Moore a lunatic, amounting to $11.77 which was sworn to by Samuel W. Aston of said firm of Alderson and Aston; and it appearing to the court that the Sheriff of this County had made due application to the keeper of the Asylum at Staunton for admission of said lunatic therein, and that the clothing charged in said account was necessary, the same is allowed and Ordered to be certified to the Auditor of Public Accounts. Ordered that Lewis Viars be appounted Surveyor of the road from the falls of Cedar Creek to the forks of the Mountain Road above Andrew Fergusons, and the he keep the same in repair with the tithables that worked under Anthony M. Ferguson the former Surveyor. For reasons appearing to the Court, the fine of $3.00 yesterday imposed on David Willis, is remitted. On representation to the Court by Isaac Vermillion Sheriff of this County, that James Powers, Spencer Wright, William Beverly and Charles Wright have failed to pay the taxes imposed on them for the last year, it is ordered that the Sheriff be authorized to hire them out to defray the taxes respectively imposed on them. Ordered that Alfred Ball and ______ Bronnet be added to the Road list of Napoleon B. Gray. Ordered that Duff, a slave of Robert Boyds, Thomas Williams, David Benner, Andrew J. Cross, Robert Mitchell and John Mitchell be added to Isaac Vermillions road list. Ordered that Philip Snead be added to Elihu Vermillions road list. Absent John T. Smith, present Napoleon B. Gray justices. Nathan E. Caldwell plaintiff This came came the parties, by their Attorney's and thereupon the defendant offered another plea, to the reception and filing of which the plaintiff by his attorney objected, and the matter of law arising upon the matter so pleaded and the objections thereto being argued, the objects were sustained and the plea rejected, to which the Counsel for the defendant
70 Wednesday, March 8th 1854. excepted and filed his bill, which was sealed by the Court, and ordered to be made a part of the record in the case; Whereupon the defendant withdrawing his plea of Covenants performed heretofore pleaded and the Court overruling the de[...] to the declaration and having now no other defence to offer to the plaintiffs action, and the parties agreeing the amount of damages, it is considered by the Court that the plaintiff recover against the defendant $44.86 damages and his costs by him about his suit in the behalf expended. Andy F. Hendricks plaintiff By consent of the pltff it is ordered that this case be dismissed at the plaintiff's costs. Andy F. Hendricks plaintiff The defendant by his Attorney filed his pleas, to which the plaintiff replied generally and put himself upon the Country and the defendant likewise; whereupon, on motion of the defendant the Writ of Enquiry is set aside and the case is continued till the next term. William Nash vs. Samuel Perry In Case Ordered that these causes be continued till the next term. William Johnson vs. John Alexander Replevin On motion of plaintiff's counsel, it is ordered that this suit be dismissed. Nathan E. Burdine plaintiff The Arbitrators to whom the matters in difference between the parties in this cause were submitted by a Rule of this Court, having made their award, it is considered by the Court in pursuance thereof, that the plaintiff recover against the defendant sixty two dollars and fifty cents, with interest thereon from the 13th day of May 1845 till paid and his costs by him in this behalf expended except the Arbitrators charges, and the attendance of Thomas Gibson a witness which the plaintiff is to pay.
Wednesday, March 8th 1854 71 George Murphey plaintiff This day came the Defendant b y his Attorney, and the Arbitrators to whom the matters in difference between the parties were submitted having made and returned their award since the last Term, and there being no exception thereto, it is considered by the Court, in pursuance of said award, that the defendant recover against the plaintiff One hundred and fifteen dollars and seventy eight cents with legal interest thereon from the 7th day of December 1853 till paid, and his costs by him about his suit in this behalf expended. William C. Jackson vs. Martin Fraley In debt Ordered that this case be continued till the next term Richard Walden plaintiff The defendants by their counsel pleaded not guilty and son assault demesne, to which the plaintiff replied generally and put himself upon the Country and the defendants 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. Isaac Vermillion administrator of Sol. Perry Plt This day came the parties by their attorneys, and the defendants Attorney withdrawing the 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 Defendant $256.35 the debt in the declaration mentioned with lawful interest thereon from the 19th day of June 1853 till paid and his costs by him about his suit in this behalf expended. Erasmus Mitchell plaintiff By consent of the parties this case is continued till the next June Term. Elizabeth Miller is appointed by the Court guardian of Mary Elizabeth her infant daughter, orphan of Elijah Miller deceased; whereupon she, together with Jacob Owens her surety, entered into and acknowledged a bond in the penalty of $300.00, conditioned according to law. 72 Wednesday, March 8th 1854 Th e following are the allowances to jurors in prosecutions for misdemeanors to which they are entitled by law for services during the present term.
James H. Dickenson and others plaintiffs This cause came on this 8th day of March 1854, to be heard upon the bill and the answer of the infant defendants by their guardian ad litem, and exhibits filed, and was argued by Counsel; and the other defendants having failed to answer, the bill as to them is taken for confessed. Whereupon it is ordered, adjudged and decreed that the land in the bill mentioned be partitioned amongst the plaintiffs and defendants according to their several rights in the same, by first assignment to Nelly Jessee, the wife of Daniel Jessee one full third part in value of the land, as her dower, including the mansion house, and also assigning to James H. Dickenson who appears to
be the owner of three full shares in said land his portion in one body if the same can be done without material injury to the others interested. It is further ordered adjudged and decreed that Robert Fugate, Nathaniel Dickenson and Solomon Osborn be appointed Commissioners to make said partition, and that they report their proceedings to this Court at its next term, till which time this cause is continued. It appearing to the Court on the application of William Gragg, that he has finished opening that part of a new road of which he was appointed surveyor; it is ordered that he be relieved from further acting as surveyor of the same. William Fletcher plaintiff On motion of the plaintiff, it is ordered that this case be dismissed. Ordered that John Powers be appointed surveyor of the road from the ford of Guest's River, by the Station to the top of Guest's Mountain in room of Isaac Counts, and that he keep the same in repair with the tithables on said Counts' list. Alexander McFarlane a Constable of Russell County produced an Account against the Commonwealth amounting to $3.00 for arresting William Ferguson and James Cuzzins charged with Grand Larceny, which was proven by his oath, allowed by the Court and ordered to be certified to the Auditor of Public Accounts. An account was presented by James F. Litton against the Commonwealth of 75 Cents for guarding William Ferguson and James Cuzzins charged with grand Larceny, which was proven by the oath of Alexander McFarlane, allowed by the Court and ordered to be certified to the Auditor of Public Accounts. Wilson Elliott Complainant This cause came on again to be heard on this 8th day of March 1854, upon the papers formerly read in the cause, and upon the report of Daniel J. Ayers, Vincent Jessee, and Calvin T. Fields Commissioners appointed to make partition of the lands in the bill mentioned, to which there is no exception; it is therefore ordered, adjudged and decreed that the same be affirmed; that mutual conveyances be executed by the parties except by Jesse Elliott and the infant defendants, heirs of Joel Campbell deceased; and
that J. F. McElhenny be appointed a Commissioner to convey the interests of said absentee and infant defendants; that six months be allowed said infants after they shall respectively attained the age of 21 years to appear and object to this decree and that the parties bear the costs of this suit according to their several interests in its subject: and the cause is continued till the next Term. Ordered that the Court be adjourned till Court in course. John T. Smith
Final Office Judgments. William T. Boswell, who sues for the benefit of Wm. N. Leece plaintiff This day came the plaintiff, by his Attorney and the defendants not yet appearing, it is considered by the Court that the judgment entered at Rules in the Clerk's Office be made final, and that the plaintiff, for the benefit of the said William N. Leece recover against the Defendants $62.50 the debt in the declaration mentioned with lawful interest thereon from the 20th day of February till paid, and his costs by him about his suit in this behalf expended. Daniel Hall plaintiff This day came the plaintiff, by his Attorney and the deft not yet appearing, it is considered by the Court that the judgment entered at Rules in the Clerk's Office be made final, and that the plaintiff recover against the Defendants $62.00 the debt in the declaration mentioned with lawful interest thereon from the 17th day of September 1853 till paid, and his costs by him about his suit in this behalf expended. Meredith C. Logan for the benefit of Jas. P. Carrell plt This day came the plaintiff, by his Attorney and the Defendant not yet appearing, it is considered by the Court that the judgment entered at Rules in the Clerk's Office be made final, and that the plaintiff, for the benefit of the said James P. Carrell recover against the Defendants fifty dollars the debt in the declaration mentioned with lawful interest thereon from the 1st day of December 1853 till paid, and his costs by him about his suit in this behalf expended.
Wednesday, March 8th 1854 75 Daniel Vanover Plaintiff This day came the plaintiff, by his Attorney, and the Defendant not appearing to make any defence to the plaintiff's claim, it is considered by the Court that the plaintiff recover against the Defendants $45 the amount of his demand due by note, with lawful interest thereon from the 1st day of March 1852 till paid, and his costs by him about his suit in this behalf expended. Same Plaintiff This day came the plaintiff, by his Attorney, and the Defendant not appearing to make any defence to the plaintiff's claim, it is considered by the Court that the plaintiff recover against the Defendants $50 the amount of his demand due by note, with lawful interest thereon from the 1st day of September 1852 till paid, and his costs by him about his suit in this behalf expended. Teste James P. Carrell, C. C. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
