Circuit Court Law Order Book, 1856, April Term

183                        Monday April 28th 1856

                          

At a Circuit Court held for Russell County at the Court house thereof on the 28th day of April 1856

Present, George W Hopkins esqr Judge

George L Jessee Foreman, William Gibson, Samuel Honaker, William Frick, John W Owens, Isiah Drake John Honaker, Jefferson Jessee, Wm Bradshaw, John Boothe, Michael Jackson, John Browning, Charles H Monk, Ezekiel B Garrett, Wm Campbell, Wm T Fletcher and nelson Gray 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 Isaac Honaker for felony" not a true Bill - and not having gone through with their presentments they are adjourned until tomorrow Morning at 10 OClock

Isaac Honaker of the County of Russell appeared in Court according to the condition of his recognizance entered into before the County Court of Russell County and the Grand Jury having returned the Indictment against him for felony "Not a true bill" and nothing further appearing or being alleged against him, it is ordered that he be discharged

Samuel Osborn, Squire Osborn, William Osborn and David Osborn 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 on motion of the Attorney prosecuting for the Commonwealth in this Court and for reasons appearing to the Court, it is ordered that the trial of this case be continued until the next term. And on motion of the prisioners by their attorney they are admitted to bail.

Samuel Osborn, Squire Osborn, William Osborn and David Osborn here in Court acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $1000.00 each & Solomon Osborn acknowledged himself indebted to the Commonwealth of Virginia in the sum of $1000.00 for each one of them to be made and levied of tenements and to the use of the Commonwealth rendered upon condition that the said Samuel Osborn, Squire Osborn, William Osborn and David Osborn shall each personally appear before the Judge of this Court on the first day of the next

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term and answer to an Indictment for felony, and that they will not depart thence without leave of the Court then this recognizance to be void.

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

Organ Dickenson, Preston White, Samuel Henly, Wm Henly, Andrew J Fraley, Robert D Carty, David Banner, John P Dickenson, James O Dotson, George Banner, Jos. Jessee, Wm H Chapman, George H Gray, Jefferson Jessee, Jno W Ramsey and Harvey Mays here in court each acknowledged themselves indebted to the Commonwealth of Virginia in the sum of $100.00 each to be made and levied of their respective goods and chattels lands and tenements and to the use of the use of the Commonwealth rendered upon condition that they each personally appear before the judge of this Court and give evidence on behalf of Samuel Osborn & others at the suit of the Commonwealth and that they will not depart thence without leave of the Court, then this recognizance to be void. 

The Commonwealth

vs     } On an Indictment for an assault

William Keith   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; William C Bickley, Henry G Meade, Jas W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, William Combs

185

Samuel A Johnson, Archer S Jessee and George W Dickenson 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 of the jury find the deft guilty and assess his fine to fifty cents" Therefore it is considered by the Court that the deft make his find by the payment of Fifty cents to the commonwealth & the costs and may be taken &c

The Commonwealth

vs     } On an Indictment for an assault

George McClannahan   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; Edwin R Smith, Joseph Hackney, John T Cowan, William Hardin, John D Burnett, Thomas Gibson, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, John P Robinson and Wilson Elliott who being selected according to law tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to one dollar" Therefore it is considered by the Court that the deft make his find by the payment of one dollar to the commonwealth & the costs and may be taken &c

The Commonwealth

vs     } On an Indictment for an assault

Vanransalier Sutherland   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; William C Bickley, Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, Jas H Browning, Martin C Jessee, Samuel A Johnson, William Combs, Archer Jessee and Geo W Dickenson 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 of 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 &c

The Commonwealth

vs     } On an Indictment for a Trespass

James C Gibson   deft

This day came as well the attorney prosecuting for the Commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment

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and put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Henry G Meade, James W Hendricks, Archer S Jessee, Edwin R Smith, John T Cowan, John D Burnett, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, Wilson Elliott and John P Robinson 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 of the jury find the deft guilty and assess his fine to five dollars" Therefore it is considered by the Court that the deft make his fine by the payment of Five dollars to the commonwealth and the costs and may be taken &c    

The Commonwealth

vs     } On an Indictment for retailing ardent spirits

John D Burnett     deft

This day case as well the attorney prosecuting for the commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment & put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Wm C Bickley, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Geo W Dickenson, Joseph Hackney, Wm Hardin and Thomas Gibson 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 of 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

The Commonwealth

vs     } On an Indictment for an assault

William Skeen   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; Henry G Meade, James W Hendricks, Archer S Jessee, Edwin R Smith, John T Cowan, John D Burnett, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington, John P Robinson & Wilson Elliott who being selected by lot tried and sworn the truth to speak upon the issue joined upon their oath do say "We of the jury find the deft guilty and assess his fine to one dollar" Therefore it is considered by the Court that the deft make his fine by the payment of one dollar to the 

187

commonwealth and the costs and may be taken &c    

The Commonwealth

vs     } On an Indictment for an assault

Jacob Snider     deft

This day case 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; Wm C Bickley, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Geo W Dickenson, Jos. Hackney, Wm Hardin and Thomas Gibson 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 of 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 &c

The Commonwealth

vs     } On an Indictment for an assault

Thomas H Garrett jr     deft

The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court 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

vs     } On an Indictment for an assault

John T Smith     deft

The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court 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

vs     } On an Indictment for an assault

Henry S Edwards    deft

The deft in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court 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

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The Commonwealth

vs     } On an Indictment for Lewdness

William F Dunford & Rosanna Dickenson    defts

The deft Wm F Dunford in his proper person comes into court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court confesses judgment for the costs in this case. Therefore it is considered by the Court that the deft Dunford pay the costs and may be taken &c. And it is further ordered that this suit be dismissed as to said Dickenson

John W Dorton having been this day guilty of a contempt to the court in the presence thereof, it is considered by the Court that for his said contempt he make his fine by the payment of Five dollars to the Commonwealth and the costs

John C Browning     plt

vs     } On a motion on a forthcoming bond

Harvey Gray & William T Bausell     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 $496.06. But to be discharged by the payment of $247.03 with legal interest thereon from the 3d day of December 1853 till paid and the costs

Robert Gibbony     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 $353.40. But to be discharged by the payment of $176.70 with legal interest thereon from the 20th day of December 1853 till paid and the costs

Charles Carrell Executor of James P Carrell decd     plt

vs     } On a motion on a forthcoming bond

Marion T Bickley, George H Gray and Aaron H Nash     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 $1355.74. But to be discharged by the payment of $677.87 with legal interest thereon from

189

the 5th day of December 1855 till paid and the costs

Andy F Hendricks and Aaron L Hendricks executors of the last Will and Testament of 

Aaron Hendricks decd     plts

vs     } On a motion on a forthcoming bond

Dale Carter & Henry G Meade     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 him against the said defts for the sum of $3842.58. But to be discharged by the payment of $1927.29 with legal interest thereon from the 2d day of December 1855 till paid and the costs

The Commonwealth vs Wm Richardson Deft - Indictment

Same vs James Short Deft - Indictment

Same vs Elias Hicks Deft - Indictment

Same vs Jno Brummett Deft - Indictment

Same vs John Mason Deft - Indictment

Same vs Eliza Hardin Deft - Indictment

Same vs Wm Price Deft - Indictment

Same vs Wm Hardin Deft - Indictment

Same vs George W Neece Deft - Indictment

Same vs Edmund Dickenson Deft - Indictment

The attorney prosecuting for the Commonwealth in this court with leave of the court saith that he will not further prosecute in these cases

The Commonwealth vs Geo W Shoemaker Deft - Indictment

It appearing to the Court that the deft has departed this life, it is ordered that this suit be abated

The Commonwealth vs John & Jas. McKinney Defts - Indictment

Same vs Jesse Keith Deft - Indictment

Same vs Valentine Bush Deft - Indictment

Same vs James O Dotson Deft - Indictment

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

The Commonwealth vs John Jordon deft - For Felony

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

The Commonwealth vs Robert Barker Deft - Indictment

The deft by his attorney pleaded not guilty to the indictment and put himself upon the country and the attorney prosecuting for the commonwealth did likewise and the cause is continued until the next term

The Commonwealth vs Hanson M Hooe deft - Indictment

The capias awarded at the last term against the said deft having been returned not executed it is

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ordered that a new capias be awarded against him directed to the sheriff of Prince William County returnable here on the first day of the next term until which time the cause is continued

The Commonwealth vs Robert Beverley deft - Indictment

Same vs William Skeen deft - Indictment

The summons awarded at the last term against the said defts having been returned not executed it is ordered that a new summons be awarded against them directed to the sheriff of Wise 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

The capiases awarded 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

The Commonwealth vs Eli Hall & Mary Scarberry defts - Indictment

The capiases awarded at the last term against the said defts not having been returned it is ordered that a new capias be awarded against him 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 Wesley Barker deft - Indictment

The summons awarded against the deft at the last term having been returned not executed it is ordered that a new summons be awarded against them directed to the sheriff of Scott County returnable here on the first day of the next term until which time the cause is continued

Ordered that this court be adjourned until tomorrow morning at 9 oclock

G. W. Hopkins

191

At a Circuit Court continued & held for Russell County at the Courthouse thereon Tuesday the 29th day of April 1856

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 Randolph Fields for a trespass - "A True Bill" - An Indictment against William Combs for an assault - "A True Bill" - An Indictment against Henry Hunt for an assault - "A True Bill" - An Indictment against Daniel McCloud for an assault - "A True Bill" - An Indictment against Stephen Boothe for an assault - "A True Bill" - An Indictment against Daniel McCloud for carrying concealed weapons - "A True Bill" - An Indictment against John Powers jr for an assault - "A True Bill" - and An Indictment against David McFadden 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 hath this day found bills of Indictments requiring them to appear here on the first day of the next term and answer to said Indictments respectively

The Commonwealth

vs     } On an Indictment for an assault

John Henry     deft

This day case as well the attorney prosecuting for the commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment and put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Wm C Bickley, Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Wm Combs, Archer S Jessee and George W Dickenson 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 of the jury find the deft guilty and assess his fine to $1.00"  Therefore it is considered by the Court that the deft be make his fine by the payment of one dollar to the

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commonwealth and the costs and may be taken &c

The Commonwealth

vs     } On an Indictment for an assault

John Robinson     deft

This day case as well the attorney prosecuting for the commonwealth in this court as the deft by his attorney who pleaded not guilty to the indictment and put himself upon the country and the attorney for the commonwealth did likewise, and thereupon came also a jury to wit; Edwin R Smith, Joseph Hackney, John T Cowan, William Hardin, John D Burnett, Thomas Gibson, John P Dickenson, John Jessee, Michael Ascue, Lewis Arrington and Wilson Elliott 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 of 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 and recover against Thomas H Garrett senr who entered himself as prosecuter in this case his costs in this behalf expended

The Commonwealth

vs     } On an Indictment for an assault

Henry Hunt     deft

Same

vs     } On an Indictment for an assault

Wm T Bauswell     deft

Same

vs     } On an Indictment for an assault

Charles D Boyd     deft

Same

vs     } On an Indictment for an assault

Vivin Meade     deft

Same

vs     } On an Indictment for an assault

Stephen Boothe     deft

Same

vs     } On an Indictment for an assault

Richard L Meade     deft

The defts in their proper persons comes into Court and with the assent of the attorney prosecuting for the commonwealth in this court and of the court each confesses judgments for a fine of $1.00. Therefore it is considered by the Court that the defts make their fines by the payment of $1.00 each to the commonwealth and the costs and may be taken &c

193

Andrew C Ferguson     plt

vs     } On a motion on a forthcoming bond

Michael Ascue & 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 $1033.32. But to be discharged by the payment of $516.66 with legal interest thereon from the 21st day of November 1855 till paid and the costs

Jacob Dorton who sues for the benefit of S White attorney for Louisa Johnson      plt

vs     } On a motion on a forthcoming bond

Aaron L Hendricks & 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 $343.04. But to be discharged by the payment of $171.52 with legal interest thereon from the 22d day of November 1855 till paid and the costs

Charles Carrell executor of James P Carrell decd     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 $1936.14. But to be discharged by the payment of $968.07 with legal interest thereon from the 23d day of November 1855 till paid and the costs

George Cowan who sues for the benefit of Thomas H Lynch      plt

vs     } On a motion on a forthcoming bond

Caleb Griffeth, Michael Ascue, Thos. D Boyd and 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 $546.40. But to be discharged by the payment of $273.30 with legal interest thereon from the 22d day of November 1855 till paid and the costs

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Jefferson Higginbotham who sues for the benefit of Samuel W Higginbotham     plt

vs     } On a motion on a forthcoming bond

Richard Ferrell, Larken Ferrell & William Ferrell     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 $455.14. But to be discharged by the payment of $228.07 with legal interest thereon from the 3d day of December 1855 till paid and the costs

Andy F Hendricks & Aaron L Hendricks executors of the last Will and Testament of Aaron Hendricks decd     plts

vs     } On a motion on a forthcoming bond

Edward B Price and Robert 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 $161.40. But to be discharged by the payment of $80.70 with legal interest thereon from the 7th day of November 1855 till paid and the costs

Edwin R Smith who sues for the benefit of John Morrison    plt

vs     } On a motion on a forthcoming bond

Andrew C Ferguson & John C Ferguson    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 $624.08. But to be discharged by the payment of $312.04 with legal interest thereon from the 11th day of Feby 1856 till paid and the costs

Aaron L Hendricks      plt

vs     } On a motion on a forthcoming bond

Benjamin F Price & John C Linticum     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 $152.12. But to be discharged by the payment of $70.44 with legal interest thereon from the 29th day of October 1855 till paid and the costs

195

Thomas G McConnell & David G Thomas merchants and patrons trading under the firm & style of T T G McConnell     plt

vs     } On a motion on a forthcoming bond

Michael Ascue & Robert Burk     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 $328.50. But to be discharged by the payment of $164.25 with legal interest thereon from the 3d day of December 1855 till paid and the costs

Abram Hupp, Wm Coffman & James P Mays partners acting & trading under the firm & style of Hupp & Co     plts

vs     } On a motion on a forthcoming bond

Ancil Ascue, John W Litton & Michael Ascue    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 $120.42. But to be discharged by the payment of $60.21 with legal interest thereon from the 1st day of December 1855 till paid and the costs

John C Ferguson who sues for the benefit of Robert Boyd    plt

vs     } On a motion on a forthcoming bond

Michael Ascue, John W Litton & 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 $293.67. But to be discharged by the payment of $293.67 with legal interest thereon from the 23d day of October 1855 till paid and the costs

Vincent Browning      plt

vs     } On a motion on a forthcoming bond

Ancil Ascue, Michael Ascue and 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

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 the said defts for the sum of $1113.14. But to be discharged by the payment of $556.57 with legal interest thereon from the 23d day of November 1855 till paid and the costs                                                  

Stephen Taylor who sues for the benefit of Samuel Taylor     plt

vs     } On a motion on a forthcoming bond

Benjamin F Price & John C Linticum    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 $153.86. But to be discharged by the payment of $76.93 with legal interest thereon from the 29th day of October 1855 till paid and the costs

Stephen G Samples & James M Cecil admrs of James Samples decd     plts

vs     } On a motion on a forthcoming bond

Andrew C Ferguson &  John C Linticum  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 him against the said defts for the sum of $274.14. But to be discharged by the payment of $137.07 with legal interest thereon from the 26th day of November 1855 till paid and the costs. Cr 1855 Decr 4th - $45.10

Hezekiah Patrick   plt

vs     } On a motion on a forthcoming bond

James B Low & John C Ferguson   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 $235.74. But to be discharged by the payment of $117.62 with legal interest thereon from the 1st day of December 1855 till paid and the costs

The Commonwealth vs Vincent Browning deft - Indictment

The deft by his attorney demurred to the indictment in which the attorney for the commonwealth joined and issue, the deft by his attorney also pleaded not guilty & put himself upon the country and the attorney for the commonwealth did likewise and the cause is continued until the next term

On the motion of Richard H Lynch clerk of this court Wilson E Campbell is admitted as his deputy and

197

thereupon he took the oath to support the constitution of the United States, the oath of fidelity to this commonwealth, the oath against duelling and the oath of office

Alexander R Preston who sues for the benefit of Joseph Stras     plt

vs     } In Debt

Robert Boyd & Aaron L Hendricks late partners trading under the firm & style of Boyd & Hendricks     defts

This day came the defts in their proper person into court and acknowledge the plts action for the sum of $548.80 with interest thereon from the 1st day of March 1855 till paid. Therefore it is considered by the court that the plt recover against the said defts the sum of $548.80  with interest thereon from the 1st day of March 1855 till paid and the costs

The President & Directors of the Russell & Washington Turnpike Company     plts

vs     } In Covenant

Thomas L Preston, Thomas C M Alderson & John F McElhenney     defts

This day came the parties by their attorneys and thereupon came also a jury to wit; Henry G Meade, James W Hendricks, Joshua Smith, Meredith C Logan, James Skeen, James H Browning, Martin C Jessee, Lemuel A Johnson, Archer S Jessee, Geo W Dickenson, John D Burnett and Lewis Arrington who having selected by lot according to law tried and sworn the truth to speak upon the issue joined upon their oaths do say "We the jury find for the plts and assess their damages to Five hundred dollars" Therefore it is considered by the court that the plts recover against the defts the sum of $500.00 the damages aforesaid by the jurors aforesaid in form aforesaid assessed and their costs in the behalf expended

Jesse R Green     plt

vs     } In Case

Colebert Dorton   deft

This day came the deft by his attorney & the plt being solemnly called failed to appear, nor in his suit further prosecuted. Therefore it is considered by the court that the deft recover against the plt $5.00 damages according to law and his costs in this behalf expended. And on the motion of the plt by his attorney & for reasons appearing to the court is is ordered that this suit be reinstated

                                         198

                                         

                                         

William Jessee    plt

vs     } In Case

Abraham Childress deft

The plt having directed this suit to be dismissed, it is therefore ordered that the same be dismissed accordingly, and that the deft recover against the plts his costs in this behalf expended

Commodore P Shockley    plt

vs    } In Case

James Hartsock          deft

On the motion of deft and for reasons appearing to the court it is ordered that this suit be continued until the next term at the costs of the deft. It appearing to the satisfaction of the court that the plt is not an inhabitant of this commonwealth. On the motion of the deft by his attorney it is ordered that this suit be dismissed at the next term unless security for the payment of such costs and damages as may be awarded the deft and also of teh fees which will become due from the plt to the officers of this court, be given within with the clerk within sixty days from this time

The Commonwealth vs Chas. Short & Sally Mullins deft - Indictment

The Capias awarded at the last term against the defts having been returned not executed, it is ordered that a new capias be awarded against them directed to the sheriff of Wise County returnable here on the first day of the next term

The Commonwealth vs John Hall    deft - Indictment

Same vs same    deft - Indictment

For reasons appearing to the court it is ordered that these suites be continued until the next term

The Commonwealth vs Henderson Baker    deft - Indictment

Same vs Jas. McClannahan    deft - Indictment

Same vs David J Salyers    deft - Indictment

The summons awarded in these cases at the last term having been returned not executed it is ordered that a new summons be awarded against them returnable here on the first day of the next term

Robt McNutt plt vs John A Collins deft - In Case

Leahsville Factory plt vs Hanson Hobbs deft - In Case

The plts having directed these suits to be dismissed, it is therefore ordered that the same be dismissed accordingly

Ordered that Court be adjourned until tomorrow morning at 9 oClock

G. W. Hopkins

[Pages 199-201 missing]

202

Henry S Hally plt vs William L Garrett &c - deft - In Debt

The deft by his attorney pleaded payment to which the plt by his attorney replied generally & issue and thereupon the office judgement is set aside. It appearing to the satisfaction of the Court that the plt is not an inhabitant of this Commonwealth on the motion of the deft by his attorney, it is ordered that this suit be dismissed at the next term unless security for the payment of such costs and damages as may be awarded the deft and also of the fees which will be come due from the plt to the officers of this court be given with the clerk within sixty days from the time, & the cause is continued until the next term

A Crump for &c plt vs A F Hendricks deft - In Case

Geo W Hopkins plt vs Same deft - In Case

Harry Smiths heirs plt vs Eli Jackson deft Right

Alexr McFarlane plt vs Jno Alexander deft - In Case

Andw J Dotson plt vs Wm Nash deft - In Case

Elijah Ferrell admr plt vs Thos J Riley deft - In Debt

Martin Fraley plt vs Wm C Jackson deft - In Case

Ephraim Skeen plt vs Wm Hardin deft - AB

Henry Lawson plt vs Jos Hackney deft - In Case

Pleasant Howell plt vs Harvey Gray deft - In Covt

Hanson Hobbs plt vs Andw C Ferguson deft - In Debt

Hiram Fullen plt vs Jno C Lintecum deft - In Trover

William Nash plt vs Cullen Combs deft - In Case

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

Isaac Moore plt vs Danl S Dickenson deft - Ejectmt

Dale Carter plt vs Joseph Short deft - Caveat

Same plt vs Wm W Sowards deft - Caveat

Same plt vs Thomas Sowards deft Caveat

Same plt vs Same deft Caveat

Same plt vs Wm Ramsey deft Caveat

Silas Castle plt vs Preston White 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

John Banner plt vs Snider & Boyd deft - In Debt

The plt by his attorney having directed this suit to be dismissed, it is therefore ordered that the same be dismissed accordingly

The Commonwealth vs Josiah Tignor deft - On a fifa

On the motion of Wm N Leece late deputy sheriff in this county, leave is granted him to amend his return made on tha fifa in this case which is accordingly done

                                           203

                                           

Ordered that Richard H Lynch Clerk of this Court be allowed the sum of Fifteen dollars for his public service since the last term. That William B Aston be allowed the sum of $50.00 for his services as attorney for the Commonwealth since the last term. That Robert Boyd sheriff of this county be allowed the sum of Ten dollars for his public service since the last term. And that Isaac W M Davis jailor of this county be allowed the sum of Fifteen dollars for his services as jailor since the last term and that the said allowances be certified to the auditor of public accounts

The Commonwealth vs Gabriel Jessee deft - Scirefacias

Same vs Same deft - Scirefacias

The deft by his attorney moved the court to quash the recognizance upon which the scirefacias issued, and the causes are continued until the next term

Ordered that Court be adjourned until tomorrow morning at 9 o'clock

G. W. Hopkins

At a Circuit Court continued & held for Russell County at the Courthouse on the 1st day of May 1856

Present, the same Judge as on yesterday

The Court having ordered Jessee Browning deputy sheriff for Robert Boyd sheriff of this County, to summon sixteen persons to attend here on the 4th day of this term as a grand jury of inquest for the county.

William E Frick foreman, Leonard Shoemaker, Charles Carrell, Ezekiel B Garrett, Samuel H Nash, Wm Hardin, Joseph Hackney, Abraham Campbell, Hiram Fullen, Solomon Litton, Andrew C Ferguson, Vivin Meade, Samuel Whetsel, Robert C Boyd, Robt M Fields and Francis Lark 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 _____ Tucker for unlawfully keeping & exhibiting a gaming table commonly called a faro bank "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 capias be awarded against _____ Tucker whom the grand jury hath this day found a bill of Indictment returnable here on this day requiring him to answer to said indictment

204

The Commonwealth

vs     } On an Indictment for keeping & exhibiting a faro bank

_____ Tucker     deft

The deft was led to the bar in custody of the jailor & the deft by his attorney demurred to the Indictment & the attorney prosecuting for the commonwealth joined in the demurrer and it being argued it seems to the court here that the law is for the defendant. There it is considered by the Court that the deft be acquitted of the Indictment aforesaid; and it is ordered that the deft be retained in custody by the jailor of this County

The Commonwealth

vs     } On an Indictment for keeping & exhibiting a faro bank

_____ Tucker     deft

This day came as well the attorney prosecuting for the Commonwealth in this Court as the deft by his attorney who offered a plea in writing to the filing of to which the attorney prosecuting for the Commonwealth objected and the Court sustained the objection and refused said plea to be filed, the deft then pleaded not guilty to the indictment and put himself upon the country & the attorney prosecuting for the Commonwealth did likewise & thereupon came also a jury to wit; Richard L Meade, John P Dickenson, Wm L Garrett, Andrew Williams, Nathaniel B Stewart, Archer S Jessee, Henry Holaway, Wm Williams, Edwin R Smith, Elijah Sutherland, Jno C Linticum & John T Cowan who being selected by lot tried and sworn the truth to speak upon the issue joined upon their oath do say "We the jury find the defendant guilty and assess his fine to $110.00 and two months imprisonment."

Therefore it is considered by the Court that the commonwealth recover against the defendant the sum of $110.00 the find by the jurors in their verdict assessed and the costs of this prosecution; and also that the said defendant be imprisoned in the jail of this county without bail or mainprize for the term of two months. And therefore it is ordered that the said deft be committed to jail. Memo - That upon the trial of this case the deft tendered two bills of exceptions to an opinion of the Court which were signed & sealed and ordered to be made part of the record

Robert Boyd Sheriff of this County presented an account against the Commonwealth amounting to the sum of $3.00 for summoning a venire against Saml. Osborn & others and Isaac Honaker charged with felony

                                           205

                                           

and made oath thereto which has been examined by the Court allowed and ordered to be certified to the auditor of public accounts

Jesse Vermillion     plt

vs     } In Debt

Samuel & John C Weddle

Plea waived judgment by non sum informatus for the sum of $400.00 the debt in the declaration mentioned with legal interest thereto from the 1st day of September 1854 till paid and the costs. 1854 Septr 1st Cr $18.00

William P A Price who sues for the benefit of John C Linticum     plt

vs     } In Debt

Michael Ascue     deft

The plt having directed this suit to be dismissed it is therefore ordered that the same be dismissed accordingly. Whereupon it is considered by the Court that the deft recover against the plt $5.00 damages

David Vicars plt vs Benjn Bundy deft - In Case

Same plt vs Benjn Bundy & wife defts - In Case

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

Aaron L Hendricks     plt

vs     } In Debt

Andrew C Ferguson     deft

The defendant by his attorney pleaded payment to which the plaintiff by his attorney replied generally & issue and leave is granted him to plead any special matter at or before the next term and thereupon the office judgment is set aside and the cause is continued until the next term

The Same     plt

vs     } In Debt

The Same    deft

The defendant by his attorney pleaded payment to which the plaintiff by his attorney replied generally and issue, the defendant also filed a plea of set offs to which the plaintiff by his attorney replied generally and thereupon the office judgment is set aside and the cause continued until the next term

Ordered that the following named persons are entitled to the sums to their respective names annexed for their service as jurors at this term

206

of this court and that the same is payable as is stated opposite to each of their names which is ordered to be certified

Names of Jurors Payable by the Commonwealth Payable by the County
John C Linticum 50
William C Buckley $1.75 50
Henry G Meade 1.75 1.00
James W Hendricks 1.25 1.50
Joshua Smith 1.75 1.50
Meredith C Logan 1.75 1.50
James Skeen 1.75 1.50
James H Browning 1.75 1.50
Martin C Jessee 1.75 1.50
Lemuel A Johnson 1.75 1.50
William Combs 1.75 1.50
Archer S Jessee 2.25 1.50
Geo W Dicknenson 1.75 1.50
Richard L Meade 50
Wm L Garrett 50
Andw Williams 50
Natal B Stewart 50
Henry Holaway 50
Wm Williams 50
Edwin R Smith 2.25 1.00
Joseph Hackney 1.75 1.00
John T Cowan 2.25 1.00
Wm Hardin 1.75 1.00
John D Burnett 1.75 1.50
Thomas Gibson 1.75 1.00
Jno P Dickneson 2.25 1.00
John Jessee 1.75 1.00
Michael Ascue 1.75 50
Lewis Arrington 1.75 1.00
Jno P Robinson 1.25 1.00
Wilson Elliott 1.75 50
Elijah Sutherland 50

Ordered that the Sheriff be directed to summon seventeen persons to attend this court as Grand Jurors instead of Twenty four as is now required by law to be summoned

No further business appearing for this Court, ordered that Court be adjourned until the first day of the next term

G. W. Hopkins

                                       207

                                       

                                       

George W Johnson     plt

vs     } In Debt

Aaron L Hendricks    deft

This day came the plt by his attorney and the deft not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 26th day of May 1855 till paid & the costs

William H Hubbard, James H Gardner and Ambrose Carlton merchants and partners in trade under the firm and style of Hubbard, Gardner & Carlton     plts

vs     } In Debt

Tyre Culbertson & Samuel Salyer merchants & partners in trade under the firm & style of Culbertson & Salyer     defts

This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $293.45 with legal interest thereon from the 19th day of December 1854 till paid & the costs

The Same    plts

vs     } In Debt

Tyre Culbertson,& Samuel Salyer, Logan Salyer & Robert Hamilton merchants & partners in trade under the firm & style of Culbertson, Salyer & Co     defts

This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $263.22 with legal interest thereon from the 19th day of December 1854 till paid & the costs

William D Waggoner    plt

vs     } In Debt

Harvey Gray    deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $128.00 with legal interest thereon from the 8th day of August 1855 till paid & the costs

                May 1st, 1856             208

                

 that the plt recover against the deft the sum of $177.64 with legal interest thereon from the 6th day of October 1855 till paid & the costs.

 

 

John M Preston   plt

vs     } In Debt

Andrew C Ferguson   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $389.00 with legal interest thereon from the 18th day of July 1855 till paid & the costs.

Peter C Johnston who sues for the benefit of John M Preston   plt

vs     } In Debt

Nimrod Elam   deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $50.00 with legal interest thereon from the 14th day of March 1848 till paid & the costs.

Ellis B Long & William W Byrn late merchants and partners in trade under the firm & style of Long & Byrn  plts

vs     } In Debt

Tyre Culbertson one of the firm of Culbertson & Salyer   defts

This day came the plts by their attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plts recover against the deft the sum of $82.37 with legal interest thereon from the 2d day of March 1855 till paid & the costs.

Jesse Browning   plt

vs     } In Debt

Meredith C Logan, Charles D Boyd and Henry G Meade   defts

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $63.75 with legal interest thereon from the 3d day of April 1855 till paid & the costs.

208

Hugh N Sergent who sues for the benefit of John F McElhenney    plt

vs     } In Debt

John C Weddle    deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $55.00 with legal interest thereon from the 1st day of June 1854 till paid & the costs

John C Linticum    plt

vs     } In Debt

Michael Ascue, Caleb Griffeth & Ancil Ascue    defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 30th day of September 1854 till paid & the costs. 1855 Novr 29th Cr $25.00

John D Burnett & Hugh D Ferguson late partners in trade under the firm and style of Burnett & Ferguson    plts

vs     } In Debt

Michael Ascue & Harvey Gray    deft

This day came the plts by their attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $125.00 with legal interest thereon from the 17th day of July 1855 till paid & the costs

Thomas McGraw who sues for the benefit of A M Ferguson    plt

vs     } In Debt

Michael Ascue & James F Litton    deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $120.00 with legal interest thereon from the 1st day of September 1855 till paid & the costs

Aaron L Hendricks   plt

vs     } In Debt

Austin B Smith   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and

209            May 1st 1856

Benjamin WmSon who sues for the benefit of Elijah Ferrell   plts

vs     } In Debt

Michael Ascue, John W Litton & Harvey Gray   defts

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $767.12 1/2 with legal interest thereon from the 27th day of December 1854 till paid & the costs

Robert M Fields   plt

vs     } In Debt

Caleb Griffeth   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $76.60 with legal interest thereon from the 9th day of Augt 1855 till paid & the costs

Horton & Carter surviving partners of Horton & Carter who sues for the benefit of Hubbard, Gardner & Carlton   plt

vs     } In Debt

Isaiah Drake   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $135.42 with legal interest thereon from the 28th day of July 1855 till paid & the costs

William Elam who sues for the benefit of Nimrod Elam   plt

vs     } In Debt

Tyre Culbertson   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $100.00 with legal interest thereon from the 25th day of December 1851 till paid & the costs. Cr 1853 Octo 10th - $14.00 Octo 18th $5.50 Decr 1st $50.00

Benjamin H Warder surviving partners of Jeremiah & Benjamin H Warder   plt

vs     } In Debt

Harvey Gray   defts

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judg-

                                     210

                                     

ment obtained in the office be made final and that the plt recover against the deft the sum of $49.00 with legal interest thereon from the 25th day of January 1850 till paid & the costs

Charles Carrell executor of James P Carrell decd    plt

vs     }     In Debt

Tyre Culbertson surviving obligor of himself and David Salyer    deft

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 16th day of May 1854 till paid & the costs

Isaac Bartley who sues for the benefit of George Aston Warder    plt

vs     }     In Debt

Harvey Gray    deft

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $150.00 with legal interest thereon from the 28th day of November 1851 till paid & the costs

Benjamin H surviving parter of himself and Jeremiah Warder    plt

vs     }     In Debt

Harvey Gray and John Dickenson partners trading under the firm and style of Gray & Dickenson    deft

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $235.30 with legal interest thereon from the 8th day of December 1854 till paid & the costs. Cr 1844 Decr 15th $50.00 1845 Decr 23d $10.00

Josephus Weddle who sues for the benefit of James S Browning    plt

vs     }     In Debt

Isaiah J Burk and Andrew C Ferguson   defts

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $61.15 with legal interest thereon from the 11th day of February 1855 till paid & the costs

                              

211                       May 1st 1856

Abraham Fuller    plt

vs     }     In Debt

Richard Ferrell and William Johnson   defts

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $150.00 with legal interest thereon from the 17th day of September 1851 till paid & the costs

Thomas Davis who sues for the benefit of Jesse Browning    plt

vs     }     In Debt

James F Litton   deft

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $139.45 with legal interest thereon from the 5th day of January 1855 till paid & the costs

William L Ball    plt

vs     }     In Debt

Harvey Gray   deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $176.00 with legal interest thereon from the 14th day of October 1854 till paid & the costs. Cr 1855 Decr 25th $76.00

George C Gose    plt

vs     }     In Debt

Harvey Gray   deft

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $200.00 with legal interest thereon from the 20th day of Novr 1854 till paid & the costs.

Abel Alderson & Samuel W Aston merchants & partners in trade under the firm & style of Alderson & Aston who sue for the benefit of Jesse Browning plts

vs     } In Debt

Peter B Henritze

This day came the plt by his attorney and the deft not not yet appearing it is considered by the Court that the judgment obtained in the office be made

                 May 1st 1856         212

                 

final and that the plt recover against the deft the sum of $110.42 with legal interest thereon from the 6th day of November 1851 till paid & the costs. Cr 1854 Decr $30.00 and $20.00 amt of claims allowed by overseers of Poor for the years 1854 & 1855

Vincent Browning    plt

vs     }     In Debt

Caleb Griffeth and Michael Ascue   defts

This day came the plt by his attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $78.00 with legal interest thereon from the 1st day of September 1855 till paid & the costs

Tabitha Cowan    plt

vs     }     In Debt

George A Pruner & Samuel W Aston   defts

This day came the plt by her attorney and the defts not not yet appearing it is considered by the Court that the judgment obtained in the office be made final and that the plt recover against the deft the sum of $197.00 with legal interest thereon from the 14th day of October 1855 till paid and the costs

Teste

R H Lynch C. C.

Be it known to all whom it may concern that William I Dickenson Esqr. has this day produced to me, a certificate of his election as attorney for the commonwealth in and for the county of Russell and thereupon, I administered him the several oaths prescribed by law, that is to say the oath of fidelity to the Commonwealth of Virginia, the oath against duelling, the oath to support the constitution of the United States and the oath of office

The Clerk of the circuit court of said county of Russell will therefore receive and file in his office, this my certificate of the due qualifications of the said William I Dickenson as attorney for the commonwealth in said court. Given under my hand the 1st day of July 1856 

G W Hopkins