Monday September 17th 1855               157

 

In the Clerks Office of the Circuit Court of Russell County on the 7th day of August 1855.

 

Joseph T. Kent        plt

vs.     } In Debt

Peter B. Henritze     Deft

 

The deft in his proper person comes into the Clerks Office & acknowledges the servis of the summons and also the plts action for the sum of sixty eight dollars with interest thereon from the 27th day of November 1853 till paid. It is therefore considered that the plt recover against the deft the sum of sixty eight dollars with interest thereon from the 27th day of November 1853 till paid and his costs.

 

 

 

 

 

 

             Monday September 17th 1855

 

At a Circuit Court held for Russell County at the Courthouse thereof on Monday the 17th day of September 1855.

 

Present George W. Hopkins esqr. Judge.

 

Charles H. Gilmer, Foreman, George Gose, John Isaacks, Oliver H. Frick, Nathan E. Burdine, George Snodgrass, James B. Low, Andrew Williams, Wilson Elliott, Abner Wilson, William T. Fletcher, Geo. M. Shepherd, James Stinson, Ira Reynolds, Wm. Campbell, Thomas Payne, Nelson Gray & Oliver V. Dorton were sworn a grand jury of inquest for the body of the County received their charge withdrew from the bar to consult upon their presentments and after some time returned into Court and presented. An Indictment against Samuel Osborne, William Osborne, Squire Osborne and David Osborne for Malicious & unlaw beating with intent &c. "A True Bill" and not having gone through with their presentments they are adjourned until tomorrow morning at 9 oClock.

 

John and James McKinney who stand bound by recognizance entered into before the Circuit Court of this County with Gabriel Jesse as their security to appear here this day to answer the Commonwealth of a certain murder of which they stand Indicted, were solemnly called but failed to appear, and the case is continued until the next term.

 

Samuel Osborne, William Osborne, Squire Osborn and David Osborne who stand indicted for a Felony, and who were bound in a recognizance to appear here on this day, appeared in Court in discharge of their said recognizance and were arraigned pleaded not guilty to the

 

 

 

 

158

 

Indictment. And on motion of the prisioners by their attorney, and for reasons appearing to the Court, it is ordered that the trial of the case be continued the next term; and on further motion they are admitted to bail by the court.

 

Samuel Osborne, William Osborne, Squire Osborne and David Osborne here in court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $1000.00 each and Solomon Osborne acknowledged himself to be indebted to the Commonwealth of Virginia in the sum of $1000.00 for each one of them, to be made and levied of their respective goods and chattels lands and tenements for the use of the Commonwealth rendered upon condition that the said Samuel Osborne, William Osborne, Squire Osborne and David Osborne shall each personally appear before the Judge of the Circuit Court for this County at the Courthouse on the first day of the next term, and answer to an Indictment for felony and that they will not depart thence without leave of the Court, then this recognizance be void.

 

Robert McCoy, Thomas J. Ruley, Thomas D. Hale, Squire V. Holbrooks, George W. Dickenson, James Johnson and Solomon Ingle here in Court acknowledged themselves to be indebted to the Commonwealth of Virginia in the sum of $100.00 each and Squire V. Holbrooks for Mary M. Holbrooks and James Johnson for Eliza Johnson acknowledge themselves to be indebted to the Commonwealth of Virginia in the further sum of $100.00 to be made and levied of their respective goods and chattels lands and tenements for the use of the Commonwealth rendered upon condition that the said Robert McCoy, Thomas J. Ruley, Thomas D. Hale, Squire V. Holbrooks, George W. Dickenson, James Johnson, Solomon Ingle, Mary M. Holbrooks and Eliza Johnson do each personally appear before the Judge of the Circuit Court for this county on the first day of the next term and give evidence on behalf of the Commonwealth against Saml. Osborn & others and that they will not depart without leave of the Court, then this recognizance be void.

 

John P. Dickenson, Wm. C. Jackson, Wm. Henly, David Banner, Robert Carty, Saml. Henly, Preston White, Jas. O. Dotson, George Banner, Joseph Jesse, James Skeen, Wm. H. Chapman, George H. Gray, John Honaker, Andw. J. Fraley, Harvey Newman, and Organ Dickenson

 

 

 

 

                                                                159

 

each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 and Robert Carty for Nancy Carty and Organ Dickenson for Nancy Dickenson acknowledged themselves to be indebted to the Commonwealth of Virginia in the further sum of $100.00 each to be made and levied of their respective goods and chattels lands and tenements for the use of the Commonwealth rendered upon condition that the said John P. Dickenson, Wm. C. Jackson, Wm. Henly, David Banner, Robert Carty, Saml. Henly, Preston White, James O. Dotson, Geo. Banner, Joseph Jesse, James Skeen, Wm. H. Chapman, Geo. H. Gray, Jno Honaker, Andrew J. Fraley, Harvey Newman, Organ Dickenson, Nancy Dickenson and Nancy Carty do each personally appear before the Judge of the Circuit Court for this county on the first day of the next term and give evidence on behalf of Samuel Osborne & others at the suit of the Commonwealth, and that they will not depart thence without leave of the Court, then this recognizance be void.

 

William Fletcher, Thomas W. Davis, Johnson Owens, Wm. M. Ball and D. C. R. Snader for Sarah Snader his wife acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 each to be indebted to the Commonwealth of Virginia in the further sum of $100.00 each to be made and levied of their respective goods and chattels lands and tenements for the use of the Commonwealth rendered upon condition that the said William Fletcher, Thomas W. Davis, Johnson Owens, Wm. M. Ball and Sarah Snader do each personally appear before the Judge of the Circuit Court for this county on the first day of the next term and give evidence on behalf of the Commonwealth against John & James McKinney and that they will not depart thence without leave of the Court, then this recognizance be void.

 

The Commonwealth  

vs.    } On an Indictment No 1 for an assault

Israel McLaughlin   deft

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney and thereupon came also a jury to wit John W. Burdine, Abner Hardin, John W. Litton, Daniel Williams, Samuel Hargis, Wm. Necessary, Thomas Gibson, Joseph Hackney, Martin G. Garrett, Geo. W. Smith, Jno. G. Duff and Saml. P. Munsey who being selected by lot according to law, tried and

 

 

 

 

 

160

 

and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find for the defendant". Therefore it is considered by the Court that deft be acquitted of the Indictment aforesaid and go hence thereof.

 

The Commonwealth  

vs.    } On an Indictment No 2 for a trespass

Israel McLaughlin   deft

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney and thereupon came also a jury to wit; James Skeen, Charles C. Dickenson, Henry Vincell, Alfred Cox, Joseph Necessary, Noah Kiser, Jno. H. Childers, Patterson A. Snodgrass, Archer S. Jesse, Peter W. Kelly, Joseph Jesse and Samuel P. Fogleman who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the deft not guily." Therefore it is considered by the Court that deft be acquitted of the indictment aforesaid and go hence thereof.

 

The Same  

vs.    } On an Indictment for a trespass

David McCloud   deft

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney and thereupon came also a jury to wit John W. Burdine, Abner Hardin, John W. Litton, Daniel Williams, Samuel Hargis, Wm. Necessary, Thomas Gibson, Joseph Hackney, Martin G. Garrett, George W. Smith, John G. Duff and Samuel P. Munsey who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the deft guilty and assess his fine to five dollars. Therefore is is considered by the court that the deft make fine by the payment of five dollars to the Commonwealth and the costs and may be taken &c.

 

The Same  

vs.    } On an Indictment for an assault

William Mullins  deft

 

The defendant in his proper person comes into court and with the assent of the attorney prosecuting for the Commonwealth and of the Court confesses judgement for a find of one dollar. Therefore it is considered by the court that the deft make fine by the payment of one dollar to the Commonwealth and

 

 

 

 

                                                 161

 

the costs and may be taken &c.

 

The Commonwealth  

vs.    } On an Indictment for an assault

Harlan Salyers  deft

 

The defendant in his proper person comes into court and with the assent of the attorney prosecuting for the Commonwealth and of the Court confesses judgement for a find of one dollar. Therefore it is considered by the court that the deft make his fine by the payment of one dollar to the Commonwealth and the costs and may be taken &c.

 

The Commonwealth  

vs.    } On an Indictment for an assault

William Osborn  deft

 

The defendant in his proper person comes into court & with the assent of the attorney prosecuting for the Commonwealth and of the Court confesses judgement for a find of one dollar. Therefore it is considered by the court that the deft make his fine by the payment of one dollar to the Commonwealth and the costs and may be taken &c.

 

The Same  

vs.    } On an Indictment for an assault

Squire V. Holbrooks  deft

 

The defendant in his proper person comes into court & with the assent of the attorney prosecuting for the Commonwealth and of the Court confesses judgement for a find of one dollar. Therefore it is considered by the court that the deft make his fine by the payment of one dollar to the Commonwealth and the costs and may be taken &c.

 

Andy F. Hendricks and Aaron L. Hendricks executors of Aaron Hendricks decd   plts

vs.    } On a Motion on a forthcoming bond

Harvey Gray & John Jesse   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plts judgment is granted and execution awarded them against the said defts for the sum of $504.16 - But to be discharged by the payment of $252.08 with legal interest thereon from the 8th day of May 1855 till paid and the costs.

 

The Commonwealth vs. Stephen Holt deft. Indictment

Same vs. Stephen Holt deft. Indictment

Same vs. Claiborn Hicks deft. Indictment

Same vs. Israel McLaughlin deft. Indictment No 3

Same vs. F. Dye & Polly Darnold deft. Indictment

 

The attorney prosecuting for the Commonwealth

 

 

 

 

162

 

in this Court with leave of the Court saith he will not further prosecute in these cases.

 

Robert Fugate administrator of Robert Dickenson decd   plt

vs.    } On a Motion on a forthcoming bond

Harvey Gray & John F. McElhenney defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. on the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $5184.08. But to be discharged by the payment of $2592.04 with legal interest thereon from the 2d day of July 1855 till paid and the costs.

 

Joseph S. Gilbert   plt

vs.    } On a Motion on a forthcoming bond

Harvey Gray & John Jesse defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. on the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $755.76. But to be discharged by the payment of $377.38 with legal interest thereon from the 8th day of May 1855 till paid and the costs.

 

William Combs   plt

vs.    } On a Motion on a forthcoming bond

The Same defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. on the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $155.28. But to be discharged by the payment of $77.64 with legal interest thereon from the 8th day of May 1855 till paid and the costs.

 

Aaron L. Hendricks   plt

vs.    } On a Motion on a forthcoming bond

Hanson M. Hooe, Henry S. Halley and James M. Halley defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. on the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $293.72. But to be discharged by the payment of $146.86 with legal interest thereon from the 20th day of May 1855 till paid and the costs.

 

 

 

 

                                             163

 

Jesse Browning   plt

vs.    } On a Motion on a forthcoming bond

Samuel P. Fogleman, David Willis and Benjamin Wallis defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. on the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $266.38. But to be discharged by the payment of $133.14 with legal interest thereon from the 8th day of May 1855 till paid and the costs.

 

The Commonwealth vs. James Gose deft. Indictment.

 

The attorney prosecuting for the Commonwealth in this Court with leave of the Court saith he will not further prosecute in this case.

 

The Commonwealth vs. James C. Gibson deft. Indictment.

Same vs. John Mason deft. Indictment.

Same vs. Eliza Hardin deft. Indictment.

Same vs. Wm. Hardin deft. Indictment.

Same vs. Geo. W. Neece deft. Indictment.

 

The summons awarded in these cases at the last term having been returned executed and the defts failing to appear it is ordered that a capias be awarded against each of the defts returnable here at the next term, until which time the causes are continued.

 

The Commonwealth vs. Wm. Richardson deft. Indictment.

 

The capias awarded in this case at the last term having been returned not executed, it is ordered that a new capias be awarded against the said deft, directed to the Sheriff of Carrell County returnable here on the first day of the next term until which time the cause is continued.

 

The Commonwealth vs.James Short deft. Indictment.

 

The capias awarded in this case at the last term having been returned not executed, it is ordered that a new capias be awarded against the said deft, directed to the Sheriff of Tazewell County returnable here on the first day of the next term until which time the cause is continued.

 

The Commonwealth vs. Daniel Hagy deft. Indictment.

Same vs. James Hay deft. Indictment.

Same vs. Wesley Barker deft. Indictment.

Same vs. Elias Hicks deft. Indictment.

 

The capias awarded in this case at the last term having been returned not executed, it

 

 

 

 

164

 

 

 is ordered that a new capias be awarded against each of the defts returnable here at the next term, until which time the causes are continued.

 

The Commonwealth vs. Flemming Ingle deft. Indictment.

 

On the motion of the deft and for reasons appearing to the Court, it is ordered that leave be granted him to withdraw his plea, and thereupon he withdrew the same accordingly. The deft then moved the Court to quash the said Indictment, on the ground that the offence therein charged is not set out with sufficient certainty, and upon considering the said motion the Court is of opinion, that the offence in the said Indictment charged, is not set out with sufficient certainty and it is ordered that the said Indictment be quashed.

 

The Commonwealth vs. Alexr. Carrico deft. Indictment No 1.

Same vs. same deft. Indictment No 2.

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney and the matter of law arising upon the defts demurrer to the Indictments being argued, it seems to the Court that the matters therein contained are not sufficient in law for the Commonwealth to have and maintain her said Indictment, therefore it is considered by the Court that the said demurrers be sustained and that the deft be acquitted of the said Indictment and go hence thereof &c.

 

The Commonwealth vs. Jesse Keith deft. Indictment.

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney, who demurred generally to the Indictment in which the attorney for the Commonwealth joined an issue, and the matters of law arising being argued it seems to the Court that the matters therein contained are not sufficient in law for the Commonwealth to have and maintain her said Indictment, therefore it is considered by the Court that the said demurrer be sustained and that the deft go hence thereof &c.

 

The Commonwealth vs. Wm. F. Dunford and R. Dickenson defts. Indictment.

Same vs. John Hall deft. Indictment.

Same vs same deft. Indictment.

Same vs. Geo. McClanahan deft. Indictment.

 

For reasons appearing to the Court, it is ordered that these cases be continued until the next term at the costs of the defendants.

 

 

 

 

                                            165

 

The Commonwealth vs. Eli Hall & Mary Scarberry defts. Indictment.

 

The capias awarded in this case at the last term not having been returned, it is ordered that a new capias be awarded against the said defts directed to the Sheriff of Scott County returnable here on the first day of the next term, until which time the cause is continued.

 

The Commonwealth vs. Henderson Baker deft. Indictment.

Same vs. William Price deft. Indictment.

 

The summons awarded in these cases having been returned not executed, it is ordered that a new summons be awarded against the said defts returnable here on the first day of the next term, until which time the cause is continued.

 

The Commonwealth vs. Van Sutherland deft. Indictment.

 

For reasons appearing to the Court, it is ordered that these cases be continued until the next term.

 

The Commonwealth vs. John Brummet deft. Indictment.

Same vs. William Skeen deft. Indictment.

Same vs. William Keith deft. Indictment.

 

The defts by their attornies severally pleaded not guilty to the indictments and put themselves upon the Country and the attorney for the Commonwealth did likewise and the cases are continued until the next term.

 

Ordered that Court be adjourned until to morrow morning at 8 Oclock.

 

G. W. Hopkins.

 

At a Circuit Court continued & held for Russell County at the Courthouse thereof on the 18th day of September 1855.

 

Present, The Same Judge as on yesterday.

 

The Grand Jury sworn in court on yesterday appeared in Court according to their adjournment were sent out of court further to consult upon their presentments and after some time returned into Court and presented. An Indictment against John Henry for an assault "A True Bill". An Indictment against Robert Barker for retailing ardent spirits without a license "A True Bill". An Indictment against John T. Smith for an assault "A True Bill". An Indictment against Edmund Dickenson for an assault "A True Bill". An Indictment against George W. Shoemaker for a trespass "A True Bill". An Indictment against John Robinson for an assault "A True Bill". An Indictment against James McClanahan for a trespass "A True Bill". An

 

 

 

 

165 [sic]

 

Indictment against James O. Dotson for an assault "A True Bill". An Indictment against David J. Salyers for retailing ardent spirits without a license "A True Bill". An Indictment against Valentine Bush for an assault "A True Bill" and an Indictment against John N. Dickenson for an assault "A True Bill" and not having gone through with their presentments they are adjourned until tomorrow morning at 8 oClock.

 

The Commonwealth

vs.     } On an Indictment for an assault

Rees Steel     deft

 

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney and thereupon came also a jury to wit; James Skeen, Charles C. Dickenson, Henry Vincell, Alfred Cox, Joseph Necessary, Noah Kiser, John H. Childers, Patterson A. Snodgrass, Archer S. Jesse, Peter W. Kelly, Joseph Jesse and Samuel P. Fogleman who being selected by lot according to law tried and sworn the truth to speak upon the issue upon their oath do say "We the jury find the deft not guilty". Therefore it is considered by the Court that the deft be acquitted of the Indictment aforesaid and go hence thereof.

 

William Jesse     plt

vs.    } In Case

Nimrod Kiser      deft

 

This day came the parties by their attorneys and the matter of law arising upon the demurrer to the plts declaration being argued, it seems to the Court that the matters and things in the plts declaration as therein set forth are sufficient in law to enable the plts to have and maintain his action against the deft, and it is ordered that the said demurrer be overruled. And thereupon came also a jury to wit John W. Burdine, Abner Hardin, John W. Litton, Samuel Hargis, Wm. Necessary, Thomas Gibson, Joseph Hackney, John G. Duff, Saml. P. Munsey, Henry Fogleman, Robt. Johnson & Saml. Humphreys who being selected by lot according to law tried and sworn the truth to speak upon the issue upon their oath do say "We the jury find the deft not guilty". Therefore it is considered by the Court that the plt take nothing by his bill but for his fals clamour be in mercy &c and that the deft go hence thereof without delay and recover against the plt his

 

 

 

 

                                        166

 

his costs in this behalf expended.

 

John T. Smith       plt

vs.    } In Case

George Cowan        deft

 

On the calling of this cause the parties personally appeared in Court and the deft denies and disclaims the speaking of all the words in the declaration contained imputing perjury or corruption to plt as a justice or an individual, and the plt being satisfied with said denial and disclaimer, by consent of the parties this cause is dismissed agreed.

 

John C. Grant assignee of James F. Litton    plt

vs.    } On a motion on  forthcoming bond

Ancil Ascue, John W. Litton and Caleb Griffeth    defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $245.30. But to be discharged by the payment of $122.65 with legal interest thereon from the 21st day of June 1855 till paid and the costs.

 

 

Caleb Griffeth who sues for the benefit of James S. Browning   plt

vs.   } On a motion on  forthcoming bond

Ancil Ascue & John W. Litton    defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $195.04. But to be discharged by the payment of $97.57 with legal interest thereon from the 21st day of June 1855 till paid and the costs.

 

 

John Bailey   plt

vs.   } On a motion on  forthcoming bond

John C. Harrison & Thomas D. Boyd   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $332.62. But to be discharged by the payment of $166.31 with legal interest thereon from the 14th day of March 1855 till paid & the costs.

 

 

 

 

167

 

Andy F. & Aaron L. Hendricks executors of Aaron Hendricks decd   plt

vs.   } On a motion on  forthcoming bond

James F. Litton & Vincent Browning   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $295.66. But to be discharged by the payment of $147.83 with legal interest thereon from the 18th day of May 1855 till paid & the costs.

 

Elijah Ferrell administrator of John Riley decd   plt

vs.   } On a motion on  forthcoming bond

Thomas J. Richardson, Major A. Fletcher & Thomas J. Riley   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $159.22. But to be discharged by the payment of $79.61 with legal interest thereon from the 5th day of June 1855 till paid & the costs.

 

 

Samuel Taylor senr   plt

vs.   } On a motion on  forthcoming bond

Michael Ascue & Aaron L. Hendricks   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $149.74. But to be discharged by the payment of $74.88 with legal interest thereon from the 19th day of May 1855 till paid & the costs.

 

 

Samuel Taylor    plt

vs.   } On a motion on  forthcoming bond

The Same   defts

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of $166.68. But to be discharged by the payment of $83.34 with legal interest thereon from the 19th day of May 1855 till paid & the costs.

 

 

The Commonwealth vs. John D. Burnett deft. Indictment

 

For reasons appearing to the Court, it is ordered that

 

 

 

 

                                            168

 

this case be continued until the next term.

 

William L. Garrett who sues for the benefit of Charles Carrell executor of Jas. P. Carrell decd plt

vs.     }     On a Motion on a forth coming bond

Edwin R. Smith & Austin B. Smith

 

It appearing to the Court that the defts have had legal notice of this motion they were solemnly called but failed to appear. On the motion of the plt judgment is granted and execution awarded him against the said defts for the sum of 156.20. But to be discharged by the payment of $78.10 with legal interest thereon from the 4th day of June 1855 till paid & the costs.

 

James Whitt & others     plts

vs.     } Issue out of Chancery

James Roman & others     defts

 

It appearing to the Court that James Whitt the plaintiff in this suit is dead; it is ordered that this suit be abated.

 

William N. Martin & Marshal Gross     plts

vs.     } In Debt

John C. Ferguson & Anthony M. Ferguson defts

 

The parties having referred all matters in difference between them in this suit to the final determination of Henry D. Smith and John Vincell and the said arbitrators having returned their award that the defts pay to the plts the sum of $42.21 with interest from the 12 of July 1852 and each party pay their own attorneys fee and one half of the other costs, to which award there is no objections. Therefore in pursuance of the said award, it is considered by the court that the plts recover against the said defts the sum of $42.21 with legal interest thereon from the 12th day of July 1852 till paid and one half of the other costs except an attorneys fee.

 

Alexander McFarlane    plt

vs.    } In Case

John Alexander         deft

 

By agreement of the parties, it is ordered that all matters in difference between them in this suit to the final determination of John T. Smith, Thomas C. M. Alderson & Samuel W. Aston whose award is to be made the judgment of the Court, and the cause is continued until the next term.

 

Commodore P. Shockley plt vs. Jas. Hartsock deft. In Case.

 

For reasons appearing to the Court it is ordered that this cause be continued until the next term at

 

 

 

 

 

169

 

at the costs of the plt.

 

Quillen     plt

vs.    } In Debt

Joseph Hackney   deft

 

Plea waived judgement by non sum informatus for the sum of $600.00 the debt in the declaration mentioned with legal interest thereon from the 1st day of March 1854 till paid and the costs. Cr. 1854 March 1st $300.00.

 

 

Robert Gibbony    plt

vs.   } In Debt

Harvey Gray       deft

 

Plea waived judgement by non sum informatus for the sum of $125.52 the debt in the declaration mentioned with legal interest thereon from the 20th day of April 1850 till paid and the costs.

 

 

The Commonwealth    

vs.     } On an Indictment for an assault

John N. Dickenson

 

The deft in his proper person comes into Court and with the assent of the attorney prosecuting for the Commonwealth and of the Court confesses judgment for a fine of one dollar. Therefore it is considered by the Court that the deft make his fine by the payment of one dollar to the Commonwealth and the costs and may be taken &c.

 

 

The Commonwealth Jesse Keith deft. Indictment.

Same vs. Jacob Snider deft. Indictment

 

The defts by their attorneys severally pleaded not guilty to the Indictments and put themselves upon the Country and the attorney for the Commonwealth did likewise, and causes are continued until the next term.

 

 

Jacob Yates plt. vs James Turner deft. In Case.

 

The plt having directed this suit to be dismissed it is therefore ordered that the same be dismissed accordingly.

 

 

Martin Fraley plt. vs. Wm. C. Jackson deft. In Case.

 

The deft by his attorney pleaded Non assumpsit & put himself upon the Country & also pleaded offsets to which the plts by his attorney replied generally & issue and the cause is continued until the next term.

 

 

Isaac Moore plt. vs. Danl. S. Dickenson deft. Ejectment.

 

On the motion of the deft, it is ordered that the order of survey made in this cause be enlarged until the next term, until which time the cause is continued at the costs of the deft.

 

 

 

 

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Joshua Smith plt. vs. John Smith & wife defts. In Case.

John G. Duff plt. vs. Richard Ferrell deft. In a notice.

Same plt. vs Richd. & Wm. Ferrell defts. In Debt.

John Smith plt. vs. Joshua Smith deft. In Case.

 

By agreement of the parties it is ordered that these suits be dismissed.

 

Ordered that Court be adjourned until to morrow morning at 8 Oclock.

 

G. W. Hopkins.

 

 

 

At a Circuit Court continued & held for Russell County at the Courthouse thereof on the 19th day of September 1855.

 

Present, The Same Judge as on yesterday.

 

The Grand Jury appeared in Court according to their adjournment, were sent out of Court further to consult upon their presentments, and after some time returned into Court and presented, An Indictment against Wm. Skeen for an assault "A True Bill". An Indictment against Robert Beverley for an assault  "A True Bill". An Indictment against Hanson M. Hooe for Perjury  "A True Bill". An Indictment against Thomas H. Garrett for an assault "A True Bill". An Indictment against Vincent Browning for taking illegal fees as Constable "A True Bill" and an Indictment against Vincent Browning for an assault "A True Bill" and having nothing further to present they are discharged.

 

On the motion of the attorney prosecuting for the Commonwealth in this Court it is ordered that a summons be awarded against each of the persons whom the Grand Jury have this term found bills of indictments, except H. M. Hooe & that a capias be issued against him, requiring them to appear here on the first day of the next term and answer to said indictments respectively.

 

 

On the petition of Susan A. Hurt guardian of Mary A. Hurt & others for an order to transfer to her as guardian aforesaid all of the personal estate of her said wards in the county of Russell for the purpose of removing the same to the state of Texas, and it appearing to the Court, that the notice has been published according to law, and for reasons appearing to the Court it is ordered that this motion be continued until the next term.

 

 

On the petition of Carrell Wilkerson guardian of Joseph Lee for an order to transfer to him as guardian afore

 

 

 

 

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said all of the personal estate of his said ward in the county of Russell for the purpose of removing the same to the state of Missouri, and it appearing to the Court, that the notice has been published according to law, and for reasons appearing to the Court it is ordered that this motion be continued until the next term.

 

 

Marshall Gross & Wm. N. Martin    plts

vs.     } In Debt

Andrew C. Ferguson & Saml. B. Herren defts

 

This day came the parties by their attorneys and the defts by their attorney pleaded set off and filed their account. And thereupon came also a jury to wit; James Skeen, Charles C. Dickenson, Henry Vincell, Joseph Necessary, Patterson A. Snodgrass, Archer S. Jesse, Peter W. Kelly, Joseph Jesse, Saml. P. Fogleman, John W. Litton, Saml. P. Munsey and Lorenzo D. Vaughn who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find for the plts. $100.00 the debt in the declaration mentioned with interest from the 21st of April 1854 till paid. Therefore it is considered by the Court that the plts recover against the said defts the sum of $100.00 with legal interest thereon from the 21st day of April 1854 till paid and their costs in this behalf expended.

 

 

William King & others who sue for the benefit of Alexander Findlay  plts

vs.    } Ejectment

Elijah Helton

 

This day came the parties by their attorneys and thereupon came also a jury to wit; Abner Hardin, Samuel Hargis, Joseph Hackney, Henry Fogleman, Robert Johnson, Wilson Elliott, John Kelly, Wm. Kelly, Augustus F. Henderson, Caleb Griffeth, Noah Kiser & John H. Childers who being selected by lot according to law, tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find for the plts so much of the tenement in fee in the declaration mentioned as is contained within the lines (commencing at K the point of intersection of the red line 2.3 with the black line (A) K 3.4.5.6.7.8.9 N G. F. C. M. L & K (see plat No 2) filed by defendant in this cause and marked (F). Therefore it is considered by the Court that the plts recover against the said defts the land in the verdict mentioned and their costs in this behalf expended.

 

 

 

 

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Newton Sanders     plt

vs.    } In Case

Martin Sanders     deft

 

On the calling of this cause the parties appeared in Court and the deft denying and disclaim that he ever charged or intended to charge the plt with perjury as in the plts declaration mentioned and the deft withdrawing the other words in the plts declaration mentioned as having been uttered by the deft of and concerning the plt, and the plt being satisfied with said denial and withdrawal and the deft agreeing to pay the costs of this suit it is agreed that the same be dismissed.

 

 

Andrew Day   plt. vs Lewis Roberts   deft. In Case.

Same  plt vs. Henry Elkins   deft. In Case.

 

By agreement of the parties it is ordered that these suits be dismissed, the defts paying to the plt his costs in these cases expended.

 

 

The Commonwealth vs . Chas. Short & Sally Mullins defts. Indt.

 

The Capias awarded in this case at the last term against the said defts having been returned not executed it is ordered that a new capias be awarded against them returnable here on the first day of the next term, until which time the cause is continued.

 

 

Prest. & Directors of R & W Turnpike Co. plt. vs. Thos. L. Preston &c. defts. Covt.

Andw. J. Dotson plt. vs. William Nash deft. In Case.

 

For reasons appearing to the Court it is ordered that these causes be continued until the next term at the costs of the defts.

 

 

William Jesse    plt

vs.    } In Case.

Abraham Childers deft

 

This day came the parties by their attorneys and the matters of law arising upon the demurrer to the plts declaration being argued, it seems to the court that the matters and  things in the plts declaration as therein set forth are sufficient in law to enable the plt to have and maintain his action against the deft and it is ordered that the said demurrer be overruled. And for reasons appearing to the Court it is ordered that this cause be continued until the next term at the costs of the plt.

 

 

Jesse Vermillion plt. vs. Samuel & John C. Weddle defts.  Debt

 

On the motion of the defts, it is ordered that Thos. W. Davis, do go upon the land which the defts purchased from the plt on some day previous to the next term, having given the parties notice of the

 

 

 

 

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same, and survey and lay out the same as either party may require, and return three fair plats & reports thereof to the Court. And the cause is continued until the next term at the costs of the defts.

 

 

Jesse K. Green plt vs. Colebert Dorton deft. In Case.

 

The deft by his attorney pleaded not guilty and put himself upon the Country and the plt did likewise, and leave is granted the deft to plead any special matter at or before the next term until which time the cause is continued.

 

 

Ordered that the following named persons are entitled to the sums to their respective names annexed for their services as jurors at this term of this Court and that the same is payable as is stated opposite to each of their names which is ordered to be certified.